美国司法语境下法律解释的宪政困境及其消解

分权的政治逻辑要求法官在司法过程中保持克制与谦抑以维护多数主义的民主价值,然而解释学的本体论转向使法官解释的能动性成为既成事实,通过司法实现正义又成为美国宪政制度的法治追求。分权逻辑与解释学逻辑在话语上的对立构成民主与法治的张力,形成法律解释的宪政困境,这从根本上缘于西方宪政民主制度内在的结构矛盾。在美国司法语境下,对于法律解释的宪政困境存在着司法积极主义和司法消极主义两种司法哲学的对立,温和的司法积极主义对于法律解释宪政困境的缓解是可行的理论进路。     

Sustainable Development in Developing Countries: The Role of Social Entrepreneurs

Internationally, there has been a general trend towards crime prevention and community safety measures. The main policy ideas and instruments associated with this trend have spread widely in Western countries. This article examines the Swedish national crime prevention policy. As Sweden is a welfare society with a long tradition of social crime prevention, it is of great interest to explore to what extent the aforementioned trend has influenced its crime prevention policy. We do this by examining Sweden's national policy and how its concepts have spread to the local level—specifically, to municipalities and their local crime prevention councils. We find that there has been a preventive shift in Sweden, although not as far-reaching as in many other European countries. Substantial changes have occurred in the understanding and direction of crime prevention work, and the question is to what extent this development will continue.     

Science governance and the politics of proper talk: governmental bioethics as a new technology of reflexive government

Abstract

The article examines the emergence of governmental bioethics in Great Britain, France and Germany, i.e. bodies, discourses and procedures meant to guide policy-making in terms of ethical considerations. It argues that governmental bioethics, marked by openness, transparency and participation, can be understood as a form of reflexive government in the realm of science governance. It grew out of the problematization of older forms of science governance based on ideas of effectiveness, scientific expertise and system stability, and operates through structuring and managing proper talk rather than intervening in processes of techno-scientific development. Yet, rather than challenging the commitment to techno-scientific ‘progress’, it stabilizes it through mechanisms of inclusion, involvement and mobilization: within the framework of proper ethical talk, participation can be employed to pursue rather than oppose system stability.     

语义学之刺及其解决方案

德沃金转向的重要前提是所谓的“语义学之刺”。语义学之刺的理论构建及其争议,让理论性争议的理论解释问题重新浮现。审视两种语义学之刺的解决方案,蕴含着何种解决方案更佳的理论争鸣。德沃金的理解以及另一种可能的思考,揭示出理论争鸣的评价标准是相对的启示。     

Baring it all for Activism: The 1985 Naked Protest in Mexico

This article analyses the 1985 naked protest carried out by silver miners of Pachuca, Mexico. This singular form of resistance, the first in Mexican labour history and organised by a dissident group within the miners' union called Liberación Minera (Miners Liberation), forced management to recognise and temporarily solve some of the miners' grievances. The naked protest unveiled the shady practices of the miners' employer, the state-owned Compañía Real del Monte y Pachuca, which refused to provide work clothes and safety equipment to miners. It also pointed to the miners' union leadership's complicity in the deterioration of labour conditions. Part of the miners' naked protest success had to do with the support that they gained from members of the left-wing press who used the protest to offer an early critique of Mexico's neoliberal policies. The 1985 naked protest occurred during one of Mexico's most severe economic crises and only four years before the company became privatised. This protest is one of the last examples of organised labour resistance before industries closed down and fired thousands of workers.     

对铁路运营安全事故罪的分析和思考

铁路运营安全事故罪是我国 1997年修订刑法时 ,从重大责任事故罪中分离出来 ,单独增设的罪名 ,意在突出对此类犯罪的打击和惩治。但随着我国市场经济建设的不断推进 ,该罪在司法实践中 ,与相关部门法对铁路运营安全事故造成危害的规定 ,在处理上存在着许多不相适应之处。在铁路实施跨越式发展的过程中 ,准确把握铁路运营安全事故罪的构成已成为急需要解决的问题。     

Underdevelopment,Urban Squatting,and The State Bureaucracy: A Case Study of Tanzania

This article investigates a part of the “story of the story” of the 1924 revolution, the first popular anticolonial uprising in Sudan to be framed by a nationalist ideology. Considering that the process that turns a past event into history is neither linear nor predictable, I draw on Trouillot's “catalogue of silences” to compare two sets of sources that correspond to two moments in the making of 1924 as history: first, the judicial records produced by the Sudan government during 1924, and second the Ewart Report, written in 1925, to “seal” the revolution. A comparison of these two sources reveals radical discrepancies in the narrative, as well as the silences imposed on and well-concealed fine-tunings of the various voices of the revolution. Of these two sets of sources, it is the Ewart Report that provides the most influential interpretation of the 1924 revolution.     

The Key Role of Selbstgefühl in Philosophy's Aesthetic and Historical Turns

Abstract

In Selbstgefühl, Manfred Frank provides a detailed study of the eighteenth century origins and contemporary philosophical implications of a unique kind of direct self-awareness. The growing significance of this phenomenon is closely related to three interconnected developments in modern philosophy, which I describe as the ‘subjective turn’, the ‘aesthetic turn’, and the ‘historical turn’. While following Frank in emphasising key concepts in the first of these two turns, I add a stress on the historical turn in post-Kantian philosophical writing.     

法学方法论研究的语用学转向( 下)——法学方法论研究的语用模式及其新开展

随着哲学的语用学转向,哲学与法学的内在交融与互动,法哲学、法学方法论、法律语言学、法律逻辑的研究也随之发生了“语用学的转向”,这种转向的标志就是法律语用学和“规范语用学”的诞生与日新月异的发展,进而为我们理解和诠释法律的本质、类型、功能、适用机理、适用效力及其行动之有效性,提供了前所未有的分析方法、知识范式和建构模式,从而使法哲学、法学方法论（尤其是狭义的法律方法论）实现了——由事实世界向规范世界的转变,由主客二分到主体间性的行为互动,由面向单向度的工具理性转向实践理性,再由面向单一主体的实践理性转向多主体之间的沟通理性,由静态的逻辑分析转向动态的语境分析或情境构作,由困固于语形、语义分析转向以法律言语行为主体及其相关语境为出发点的语用建构和实践.     

Political Sociology of International Interventions: Peacebuilders and the Ground

ABSTRACT

This special issue, instead of questioning what effect peacebuilding interventions have on post-conflict societies, analyses what the ground of intervention does to peacebuilders. It demonstrates that everyday interactions on the ground shape the interveners and even the scope of their missions. We delineate how a political sociology approach might break away from binaries (‘internationals/locals’) and, instead, illuminate processes (of internationalization and localization). We intend to offer a political sociology of the ‘intervention encounter’, that is, to scrutinize the everyday interactions among peacebuilders and between peacebuilders and domestic actors, and to investigate effects of the ground on peacebuilding organizations, doctrines and decision-making processes, as well as on peacebuilders’ trajectories, positions, professional practices and representations. In fine, we explore how peacebuilders’ relations to the ground structure the socio-professional field of peacebuilding.