论欧盟宪法危机认知之理论方法

如何看待所谓的欧盟宪法危机,在很大程度上是一种理论分析形态选择的问题。分析欧盟这一政治体系或者政治体的各种理论,其共同之处在于解释欧盟现象因何而生又如何发展的问题。欧盟宪政的发展过程实际上就是欧盟法律人格丰富与健全的过程。分析欧盟法律人格的构成因素以及各个因素之间的逻辑联系,既能解释欧盟宪政的历史演进,又能分析目前欧盟宪法危机的症结所在。欧盟法律人格构成因素的丰富与强健,既是欧盟宪政发展的动力之一,同时也给欧盟宪政发展带来了挑战,无论是保持欧盟发展的动力还是避免欧盟宪政发展所遇到的挑战,都依赖于欧盟法律人格构成的三个因素———规制性支柱、规范性支柱与认知性支柱———之间的平衡。     

当代中美高校道德教育比较研究

中美两国始终把道德教育放在社会发展和学校教育的首要地位,在学校道德教育的教育目标、教育内容、教育理论基础以及教育方法等方面都具有共同特征,但是由于政治制度、社会制度、价值观念、传统文化上的差异,这些方面又各有特色。这种对比研究对加强我国高校的思想道德教育及其管理,促进高校德育工作具有重要的现实意义。     

谈高等学校德育教育面临的挑战与对策

新时期高等学校德育教育面临着内外部的双重挑战。对此 ,应采取转变教育观念 ,超越传统的德育教育内容、方法 ,利用网络技术建立校园德育教育网络等方法加以应对。     

法治与德治相结合 要求大力加强德制

改变德制落后的现象才能实现十六大提出的“依法治国和以德治国相辅相成”的和谐局面。应制定“道德总纲领”;处理好与德制有关的基本关系;以诚信制度为杠杆;建立道德工作系统;建立德制运行系统;建立道德评新制度;建设德制人才队伍;加大经费投入。     

What is an algorithm? Financial regulation in the era of high-frequency trading

Abstract

In response to the flash crashes and market manipulations blamed on high-frequency trading (HFT), algorithms have been brought inside the regulatory perimeter. This paper focuses on the most ambitious regulation directed at the practice: the algorithm-tagging rule in the German High-Frequency Trading Act. Fifteen interviews with stakeholders in the Act’s implementation serve to reconstruct how regulators defined an algorithm and help pose the question of to what extent regulatory definitions and data need accurately to represent financial practices to be useful. Although tentative in its findings, the research suggests that the algorithm-tagging rule may be providing valuable signals in the noise to trade surveillance officers and having virtuous effects on the cultures of trading firms. The conclusion argues that sociologists of finance should adopt a more balanced approach when evaluating regulatory technologies and heed MacKenzie’s 2005 call to open up their black boxes.     

Dworkin on external skepticism and moral permissions

This article discusses Ronald Dworkin’s first objection against what he calls external moral skepticism, the view that denies truth-value to moral judgments. According to that objection, an external skeptic denies that substantive moral judgments can be true. But, at the same time, the objection goes, what follows from the skeptical view is that all actions are morally permissible, which is in itself a substantive moral judgment. We call this ‘the self-defeating argument.’ We argue that the objection’s success depends on how we interpret the idea of moral permission, an issue Dworkin does not clearly resolve. Against his objection, we advance two different arguments. First, once we learn what role the idea of moral permission plays in morality, we can see that any plausible view of some agent’s moral permission must acknowledge its complex character, and that the existence of a moral permission must have some impact on the balance of moral reasons for other agents. On this understanding, it is false that it follows solely from external skepticism that everything is permissible. Second, we argue that even if permissions have a simple character, not a complex one, they are plausible only when framed within a moral constellation of rights and obligations. So understood, it is, again, false that it follows from external skepticism that everything is permissible.     

The dynamics of doping: Lance Armstrong,the United States Anti‐Doping Agency and the regulatory governance of professional cycling

On 10 October 2012, the United States Anti‐Doping Agency published an investigative report on the use of performance‐enhancing drugs by professional cyclist Lance Armstrong. The report paints a disconcerting picture of the doping program that Armstrong and his US Postal Service professional cycling team managed to carry out for several years, despite being subject to many inspections. It contains a wealth of unique empirical data, including a large number of affidavits. In this article, we use this data to answer the question of how Armstrong was able to prolong prohibited behavior. In doing so, we focus in particular on the interactions between Armstrong and the many doping inspectors he encountered. Our analysis results in a variety of answers to this question. First, inspectors were confronted with an inspectee who behaved as an “amoral calculator” and acted strategically. The strategies of inspectors were not adequately attuned to such behavior. Second, the team's internal professional control was neutralized by various factors, including its strict hierarchy and the many friendships within the team. And, finally, the environment created strong incentives to start doping and subsequently deny doing so. We argue that the dynamics underlying doping necessitate a combination of measures to regulate the use of performance‐enhancing drugs in the field of professional cycling and beyond.     

Nonsectarian welfare statements

How can we measure whether national institutions in general, and regulatory institutions in particular, are dysfunctional? A central question is whether they are helping a nation's citizens to live good lives. A full answer to that question would require a great deal of philosophical work, but it should be possible to achieve an incompletely theorized agreement on a kind of nonsectarian welfarism, emphasizing the importance of five variables: subjective well‐being, longevity, health, educational attainment, and per capita income. In principle, it would be valuable to identify the effects of new initiatives (including regulations) on all of these variables. In practice, it is not feasible to do so; assessments of subjective well‐being present particular challenges. In their ideal form, Regulatory Impact Statements should be seen as Nonsectarian Welfare Statements, seeking to identify the consequences of regulatory initiatives for various components of welfare. So understood, they provide reasonable measures of regulatory success or failure, and, hence, a plausible test of dysfunction. There is a pressing need for improved evaluations, including both randomized controlled trials and ex post assessments.     

构建女大学生发展性德育模式

本文主要对女大学生发展性德育模式的涵义及其理论建构和行动研究进行初步探讨,提出将社会性别与妇女发展理论作为新型德育教育模式的理论基础,并以此建构女大学生发展性德育模式的理论与实践.