Empty schools and Silencios: pedagogical openings for memory-making in Colombia

This paper draws from Silencios – a photography series by the Colombian artist Juan Manuel Echavarría. Silencios comprises more than 120 portrayals of abandoned schools due to armed conflict in Los Montes de María, Colombia. Sharing Echeverría’s belief that ‘these chalkboards have lessons to tell us about war’, the author of this paper advocates for the pedagogical use of Silencios to promote and support memory works in Colombia. The present analysis acknowledges that hegemonic memories and narratives have a negative impact on conflict-affected societies due to their authoritarian and oppressive character.

Therefore, the pedagogical use of Silencios seeks to ignite multiple narratives and counterhegemonic memories that might emerge as the public interacts with the photography. The visuals, in this sense, become an educational opportunity to stimulate reflection and resistance against the monopoly of the past in a country that is currently emerging from conflict. In this paper, the abandoned schools are considered as memory sites, and as renewed learning spaces to stimulate reflections and debates upon the armed conflict. Silencios can contribute to peacebuilding efforts by bringing up the possibility to reconsider essentialist conceptions of peace, memory, and pedagogy, that might hinder potential venues for enduring peace in Colombia.     

文明学论纲--全球化时代文明反思的学理呼唤

在全球化的语境下，明的冲突与和解、转型与重建，已成为当代人类社会发展深层次的无法回避的时代课题。因此，更需要建立综合性、反思性、前瞻性的明学来审视明的内在本质，统观明的历史演进，评判明的人性价值，引导明的发展方向。明学正是全球化时代人类把握明命运的学理呼唤。     

我国内地与港澳的区际司法协助与机制构建

我国内地与港澳之间的区际司法协助是由《基本法》设定,并具有自身特殊规律的一种法律合作形式。它以特别行政区的高度自治和独立司法权为基础,通过各主体之间的平等协商来具体实施。因三地的法律制度差异较大,又缺乏上位法和上位司法权协调机制,在具体合作和制度建设中遇到不少难题,亟待更新观念,从理论与实务两个层面进行突破。各法域应在"一国两制"方针的指导下,按照相互尊重、主动合作、注重程序、效率优先的原则构建合作机制和开展司法协助,为区域经济发展和社会稳定提供法制保障。     

刑事和解的成本收益分析——以"经济人"预设为理论前提

刑事纠纷中的双方和国家都可以被视为经济人,根据经济学的成本收益理论,对于重视获得补偿的被害人和有支付能力的加害人,从和解中获得的利益要大于从正规诉讼程序中获得的利益。从立法、司法和刑事法目的实现的角度,国家扩大刑事和解范围,对其进行法律规制也是实现收益最大化的明智的选择。     

略论和解方式在刑事审判中的运用

在轻微刑事案件中合理运用和解方式结案能够达到法律效果和社会效果的双赢。在当前建设和谐社会的大背景下,宽严相济的刑事政策需要全面解读。在办案中真正运用这一方式,需要司法机关转变观念、重新设计考核激励机制,立法上也需要进一步明确范围和条件,防止滥用。     

刍议刑事和解制度的刑事实体法基础

我国现有的法律对刑事和解制度尚无明文规定,但该制度所独具的优势得到了我国学者的广泛认可,司法实践中也有了大胆的尝试。究其原因,就在于刑事和解制度在我国有着一定的刑事实体法基础。     

执行竞合适用原则之研究

执行竟合涉及一国的保全执行制度与终局执行制度对于债务人是同时有效还是相互排斥的问题,涉及一国的强制执行法与民法、破产法在法律体系上如何保持和谐一致的问题.如果立法对执行竞合问题不予理解,必然形成事实上的竞合而使执行难问题加重.作者主张遵循时间优先原则,同时赋予实体权利人提起异议之诉的权利,通过异议之诉来对抗和撤销先行的强制执行.     

Early Adolescents’ Social Standing in Peer Groups: Behavioral Correlates of Stability and Change

Sociometric nominations, social cognitive maps, and self-report questionnaires were completed in consecutive years by 327 students (56% girls) followed longitudinally from grade 7 to grade 8 to examine the stability of social standing in peer groups and correlates of changes in social standing. Social preference, perceived popularity, network centrality, and leadership were moderately stable from grade 7 to grade 8. Alcohol use and relational aggression in grade 7 predicted changes in social preference and centrality, respectively, between grade 7 and grade 8, but these effects were moderated by gender and ethnicity. Changes in social standing from grade 7 to grade 8 were unrelated to grade 8 physical aggression, relational aggression, and alcohol use after controlling for the grade 7 corollaries of these behaviors. Results are discussed in terms of their implications for understanding links between social standing and problem behaviors during adolescence.

Does China’s middle class prefer (liberal) democracy?

Many surveys show that China’s political regime, under the Chinese Communist Party’s authoritarian rules, enjoys a high level of public support. However, it is still uncertain whether China’s emerging middle class will become the “agent of democratization” as suggested by modernization theory. Using the data of Asian Barometer Survey conducted in China in 2011, this article demonstrates that the relationship between class identity and preference for liberal democracy in China may be inverted U-shaped. The Chinese middle class shows a higher preference to features of liberal democratic regimes than its counterparts of the lower- and upper-class. Members of the Chinese middle class also tend to regard democracy as the best form of government. Thus, the middle class has the potential to initiate democratization in China if the Chinese government fails to keep satisfying the middle class’ quest for economic well-being and protection of property rights.     

National identity-building and the “Ustaša-nostalgia” in Croatia: the past that will not pass

Most scholarship on post-Communist Croatia claims that the first Croatian president, Franjo Tu?man, intentionally rehabilitated the legacy of the World War II (WWII) Croatian Usta?a and its Nazi-puppet state. The rehabilitation of the Usta?a has been linked to Tu?man’s national reconciliation politics that tended toward a particular “forgetting of the past.” The national reconciliation was conceptualized as a joint struggle of both the Croatian anti-fascist Partisan and the Croatian WWII fascist Usta?a successors to achieve Croatian independence. However, the existing scholarship does not offer a comprehensive explanation of the nexus between national reconciliation and the rehabilitation of the Usta?a. Hence, this article will present how “Usta?a-nostalgia” does not stem from Tu?man’s intentions, but rather from the morphological gap occurring in Tu?man’s nation-building idea. Namely, Tu?man’s condemnation of the entire idea of Yugoslavism and Yugoslavia eventually brought about the perception that any historical agent advocating the idea of an independent Croatia is better than any form of Croatian Yugoslavism. Finally, the article will present how contemporary Croatian society is still seeped in “Usta?a-nostalgia” due to the hesitation of the post-Tu?man Croatian politics to come to terms with the legacy of his national reconciliation politics.