马克思与现代自然法思想的内在难题——基于《论犹太人问题》的分析

在人类法律思想的发展史上,现代自然法思想奠定了现代法律思想的基础,成为了资产阶级革命最为有力的武器。然而,自其诞生开始,现代自然法思想就蕴含着内在矛盾,该矛盾在资产阶级革命胜利之后进一步凸显出来。马克思走向成熟时期的论著——《论犹太人问题》——揭示了这一矛盾的深层次原因。而且,马克思进一步指出,人要获得最后的解放必须批判随资产阶级革命而建立起来的现实世界,并最终消除导致人之异化的资本。如此,现代自然法思想中的难题也才有了彻底解决的可能。     

Reform of Nuclear Disasters＇ Legislation Adapting to Climate Change

核灾害的应对重在预防,而气候变化改变了核灾害的成灾机理,强化和放大了灾害风险。适应气候变化的核灾害应对制度变革：立法理念必须从减轻灾害向减轻灾害风险转变;内容创新必须重点突出核设施选址中夯实程序的完整性、非居住区和规划限制区制度中补充发展权补偿内容、防灾规划在体系完善基础上“融入主流”等三个方面;运行机制改革应该在国际层面创建多中心的灾害风险治理框架,在国内层面推进“三元、三级”的统舍与协调。     

What Really Happened in New Orleans? Estimating the Threat of Violence During the Hurricane Katrina Disaster∗

Although research indicates that initial media reports greatly exaggerated the severity of violent crime in post‐Katrina New Orleans, it is not yet clear whether violence in general was a problem for storm victims. In this study, data from a unique survey of storm victims are used to estimate the overall threat of violence faced by those who were hardest hit by the storm and who lived through the disaster in New Orleans. The findings suggest that, while the threat of violent victimization was very real for some respondents, it did not dominate the experience of these storm victims. These findings are discussed in terms of their implications for the social construction of law and order, the persistence of disaster myths, negative stereotyping of the urban poor, and crime control issues in the context of disaster management and planning.     

论知识产权的道德基础

知识产权的道德或正当性一直是知识产权学术界和社会实践中争论最多和分歧最大的问题,也是构建知识产权理论和处理实务工作必须面对的最重要和最基本的问题.在前期对知识产权客体的哲学基础①和知识产权之财产权的经济学基础②深入研究的基础上,比较深入地分析了知识产权的道德基础问题,指出:对于知识产权问题,可适用天理道德和契约道德两类道德规范,其中天理道德主要体现为“谁创造谁所有”;契约道德包括“先占先得”和诚信.知识产权之精神权完全符合这两类道德,但知识产权之财产权却难以完全符合这两类道德.更重要的是,知识产权之财产权的对象(财产)是关于知识或特定有用信息的特许用益权,是各国立法主体根据本国整体利益最大化原则创设的,仅由立法主体代表本国人民整体利益的根本属性决定,与人类普遍遵从的道德无关.从本性和逻辑上看,知识或有用信息是公共产品,不存在盗窃问题;关于知识或有用信息的法定特许用益权只能被侵犯,不能被盗窃.因而知识产权只存在侵权与否或违法与否的问题.所谓“盗窃他人智力成果”的说法其实是一个伪命题.     

自然法抑或实证法——理性与意志视野下的美国宪法

在看待美国宪法观念中,一种观念将美国宪法视为自然法或高级法的摹本,认为美国宪法的特征在于人类凭借理性发现和宣布了自然法或高级法;另一种观念则将美国宪法视为纯粹的人民主权的意志表达。这两种观念都存在一定的曲解:美国宪法其实和古典自然法之间存在着巨大的断裂,是一种现代自然权利体系之下的人为宪法,但这种宪法并不是未经筛选的人民意志的表达,而是理性引导之下的意志表达。美国宪法的这种特征要求当代的法律人政治家既不能神话宪法,也不能轻视宪法,而是要求将宪法视为政治科学的教材,通过理解与对话来提升理性,从而思考宪法在当代的挑战。     

A note on household approach to credit rationing in agrarian economies

Using clues from transaction cost economics this note develops an intertemporal agricultural household model to explain the demand-side credit rationing from formal financial institutions in agrarian economies. The model employs ex-ante transaction costs, namely search cost and negotiation cost to explain this phenomenon. The model shows that with market failure an agricultural household's production decision is not separate from its consumption decision. This is when the policy analysis household approach, which includes simultaneous decision making in production and consumption side, becomes essential.     

Supporting local climate adaptation planning and implementation through local governance and decentralised finance provision

Policies developed at national levels can be unresponsive to local needs. Often they do not provide the rural poor with access to the assets and services they need to allow them to innovate and adapt to the ways that increased climate variability and change exacerbate challenges to basic securities – food, water, energy, and well-being. In development deficit circumstances, common pool resources are important for climate adaptation purposes. In order for climate adaptation actions to deliver resilience, local perspectives and knowledge need to be recognised and given due priority in formal planning systems. Basing formal adaptive development planning on local strategies can support and strengthen measures that people have been tested and know to work. Local climate adaptation through collective action can address current increases in climate variability, future incremental changes, and the need to transform existing systems to deal with qualitative shifts in climate. These types of adaptation can work in cumulative ways. The results of local adaptation collective action that have benefits of low rivalry between users while being highly inclusive can be considered “local public goods”. Evidence is beginning to emerge that when local governance systems facilitate high levels of participation in planning collective action for climate adaptation, and direct access to resources for implementing local plans, “local public goods” can be created and common pool resources better managed.     

Climate resilience in fragile and conflict-affected societies: concepts and approaches

To understand resilience to climate and environmental changes in fragile and conflict-affected societies is particularly important but equally challenging. In this paper, we first develop a conceptual framework to explore the climate-fragility-conflict and climate-resilience-peace nexus. Second, we discuss approaches to promote pathways from climatic changes to peace. We draw on the relevant literature and International Alert's experience in fragile and conflict-affected societies to stress the key role of resilience. To build resilience, climate, development, peacebuilding, and government actors would have to overcome bureaucratic and institutional barriers and cooperate across thematic and regional silos.     

The role of caste in the implementation of herbal gardens in Bangalore

Over the past few decades home garden research has emphasised the promotion of home gardening for nutritional and other welfare benefits for the poor in urban areas. Still, the urban communities who cultivate plants in their home gardens are in general represented as rather uniform groups, and no distinction is made in terms of caste, ethnic groups, or social class. This article asserts that social stratification represents an important aspect that needs to be taken into account while devising educational programmes and community projects for the promotion of home herbal gardens in urban areas.     

Endogenous development: some issues of concern

This article aims to provide knowledge and practical guidance to managing and implementing within the framework of endogenous development. The paper gives a theoretical overview of endogenous development, linked to issues of globalisation and poverty, and ongoing work among European institutions and academics that suggest shifts in Europe from exogenous to endogenous development approaches. It then makes a case for a paradigm shift – an African alternative to modernisation and development, namely endogenous development – using experiences with two NGOs in Ghana and Zimbabwe to locate theory in practice. The paper concludes with some empirical pre-requisites for conducting endogenous development with rural communities.

This article is prompted by the requests of my students at the University for Development Studies, Ghana, for knowledge and information, and practical guidance to managing and implementing within the framework of endogenous development. I start by giving a theoretical overview of the concept of endogenous development and link it with current issues of globalisation and poverty. I briefly mention current work among European institutions and academics that suggest shifts in Europe from exogenous to endogenous development approaches. Encouraged by such developments, I then make a case for a paradigm shift – an African alternative to modernisation and development, endogenous development. I bring to light the experiences with endogenous development in two NGOs – CECIK (Ghana) and AZTREC (Zimbabwe) – in order to locate theory in practice (praxis). I conclude by providing some empirical prerequisites for conducting endogenous development with rural communities, which demonstrate one way of conducting experimentation with farmers within the context of endogenous development.