Editor’s Note

Envisioning a well-ordered society composed of filial subjects who obeyed the law, avoided disputes, shunned religious heresy, paid their taxes, and peacefully engaged in agriculture, the Kangxi emperor’s “Sacred Edict of Sixteen Maxims” (圣谕十六条) has often been considered a declaration of the alien Qing dynasty’s Confucian bona fides. While the rhetoric of the pronouncement echoed traditional moral values, the political acumen of the Qing rulers was readily apparent in the eighth maxim, “explain the laws to warn the ignorant and obstinate.” Melding moral and legal education, the eighth maxim specifically endorsed the efficacy of the law. The importance placed on legal knowledge was abundantly clear in one of the earliest commentaries, which explained all sixteen maxims with examples of applicable legal guidelines. Thus, the “Sacred Edict” was a shrewd maneuver that endorsed traditional moral values, but it also foreshadowed a “legislative turn” in the Qing rule that was discernible in the evolving ethos of criminal justice. Despite the extensive efforts to propagate the “Sacred Edict,” violent crime was on the rise in the Kangxi, Yongzheng, and Qianlong reigns. When transformation through moral “teaching and cultivation” (jiaoyang 教养) failed to alleviate social conflict, Qing rulers reconsidered and revised the established practice of criminal justice and the existing concept of criminal behavior. By the end of the eighteenth century, the effort to stem the tide of violent crime relied less on ideological exhortation and more on legislation that articulated harsh punishments. This “legislative turn” in Qing criminal justice resulted in an aggressive policy of deterrence that facilitated the greater use of capital punishment.     

情感与女性主义理论的拓展

当前在女性主义理论中已取得话语霸权的“社会性别”，实际上已经遭受了理论上和实践中的双重困厄。一方面，作为社会性别理论基础的“二元论”已经广泛受到质疑；另一方面，中国目前城市化背景下出现的性别状况使得社会性别理论无以言对。把情感引入到女性主义理论，是建构多元的、具有生产性和创造力的情感空间的一种尝试。情感政治，也是社会变革和改变权力布局的一种力量。     

反思与转向——《英国庄园生活》对中国法律史学研究方法的启示

西方经济—社会史学经典著作《英国庄园生活》,是对中国法律史学研究状况进行反思的一面镜子。通过研读该书可以得到一个重要启示:当下中国法律史学研究方法应做出必要的转向。《英国庄园生活》所体现的经济—社会史学研究方法即其中一个可能的选择。     

预告登记在商品房预售领域中立用问题研究

商品房预售登记制度的理论研究与探讨是随着我国房地产市场日益活跃而兴起的,我国目前的房地产转让中,存在商品房预售这种特殊的买卖方式。因在建工程的工期长,交易标的有许多不确定的因素,因而购买期房面临的风险比一般购买现房的大得多。在我国商品房预售领域里引入预告登记制度,能够有效地规范房地开发企业的预售行为,也即预购人与预售人办理了预告登记之后,预售人对该房屋所为的其他处分都在此债权范围内无效。     

Local Intellectual Resources for the Green Turn of Social Work：An Investigation of Fei Xiaotong's Relevant Statements

In response to the environmental crisis, the western social work is undergoing a green turn, which has also exerted its influence on the Chinese social work. When accepting the influence of the west, Chinese social work needs to pay attention to the corresponding local ideological resources. Fei Xiaotong's discussion on the Unity of Man and Nature, Recreational Economy and Human Ecology is of great significance for us to promote the green turn of Chinese social work. First, the sociological interpretation of Unity of Man and Nature from the perspective of differential order pattern by Fei Xiaotong, can help us get out of the implicit tension in the green turn of social work. Second, as a local economical attitude and life style, Recreational Economy provides us with local experience to transcend consumerism and explore an alternative community development path. Finally, according to Fei Xiaotong's Human Ecology, development is still an important task facing China, and therefore, to protect the natural environment is not to give up development and the exploitation of natural resources, but to combine natural ecological protection with human ecological construction.     

Nationhood and Scandinavian naturalization politics: varieties of the civic turn

The neighboring countries of Denmark, Sweden, and Norway represent three very similar societies that differ markedly with respect to naturalization policy. While the general trend of a civic turn has brought about some of Europe’s strictest residence and citizenship requirements in Denmark, it has left the liberal Swedish policy largely untouched and the Norwegian somewhere in between the other two. How might such divergence in otherwise very similar societies be explained? This article investigates the role different conceptions of nationhood have played. It is argued that different conceptions of nationhood have mattered, but that the national differences have less to do with the normative content of nationhood than with how politicians tend to conceive of the integration process that newcomers must commit to in order to develop a strong sense of national belonging.     

Amending the Youth Criminal Justice Act, 2007–2012: dynamics and contingencies of a ‘transforming Canada’ agenda

This paper addresses the Conservative Party of Canada's three-phase effort (2007–2012) to amend the Youth Criminal Justice Act to prioritise public protection, accountability and victims' rights over prevention and rehabilitation. Drawing on critical discourse analysis and criminology and critical policy scholarship, the paper situates this tough-on-crime initiative in relation to a US-led punitive turn that Canada is belatedly catching-up on, positions this catch-up effort in relation to the Conservative's larger transforming Canada agenda, and explores cultural, institutional and political contingencies salient to its impacts on Canadian law and society.     

Agrarian political economy and modern world capitalism: the contributions of food regime analysis

This paper provides a selective survey of food regimes and food regime analysis since the seminal article by Harriet Friedmann and Philip McMichael in 1989, and further traced through their subsequent (individual) work. It identifies eight key elements or dimensions of food regime analysis, namely the international state system; international divisions of labour and patterns of trade; the ‘rules’ and discursive (ideological) legitimations of different food regimes; relations between agriculture and industry, including technical and environmental change in farming; dominant forms of capital and their modalities of accumulation; social forces (other than capitals and states); the tensions and contradictions of specific food regimes; and transitions between food regimes. These are used to summarise three food regimes in the history of world capitalism to date: a first regime from 1870 to 1914, a second regime from 1945 to 1973, and a third corporate food regime from the 1980s proposed by McMichael within the period of neoliberal globalisation. Questions of theory, method and evidence are noted in the course of the exposition and pulled together in a final section which criticises the ‘peasant turn’ of the ‘corporate food regime’ and the analytical and empirical weaknesses associated with it.     

西部民族地区城镇化建设中税收优惠的法律经济学研究

本文在分析现阶段西部民族地区的税收优惠政策及其局限性的基础上,从法律经济学效益最大化的思想出发,指出在西部民族地区城镇化建设的税收优惠中必须依法治税,应当赋予部分西部民族地区政府地方税收立法权,还要落实西部民族地区自治机关的税收管理自治权。     

对西方法学"语言学转向"的解读

法律与语言有着密切的关系.20世纪下半叶,伴随哲学研究的发展,西方法学研究也经历了语言学的转向,先后出现了语义分析法学、新修辞学法学、法律解释学、结构主义符号法学等学术派别,这些派别跨学科、多向度的研究范式怀疑、消解、重构了传统法学理论中的法律语言观,并给现代法学的发展带来革命性的变化,体现了当今学界的潮流,值得我国法学研究借鉴和吸收.