学报文科编辑掌握和运用逻辑思维规律刍议

逻辑思维规律一般指的是三大基本逻辑规律 :同一律、矛盾律和排中律。学报文科编辑作为人文科学学术论文的管理者 ,要掌握同一律 ,学会运用具体同一思维 ;掌握矛盾律和排中律 ,学会运用互补转化思维。     

台湾的认同危机和台独势力的发展

过去30年来,台湾民众的民族认同和台湾政府的国家认同危机的发展、台独势力的扩张以及民主的进程,虽促进了台湾社会的发展,同时也加剧了海峡两岸的矛盾和对立,并可能把台湾推向战争的灾难。台湾民众和台湾政府对面临的现实和可能要作出选择,最终解决台湾的认同危机。     

物证“同一认定“的过程及特征量化分析

物证鉴定的核心问题是“同一认定”理论和物证的特征由定性向定量的转化问题。物证的特征是物证所具有的客观条件和个人的主观条件相结合的产物。个人的知识与实践经验是确定物证特征的主观条件。共性特征和异性特征同属于物证同一认定的评判特征。共性特征决定肯定判断的方向 ,异性特征决定否定判断的方向。物证同一认定具有相对性和矛盾对抗性一面 ,不能把同一认定机械地理解为绝对的“同一”。正确理解和把握同一认定准确率的含义 ,不仅加深了对同一认定理论的正确理解 ,而且树立了唯物辩证法对立统一的世界观 ,对实践工作具有指导意义 ,避免认定工作中存在的盲目性 ,减少错误现象的发生     

电子证据制作主体身份辨真难点及对策--以我国首例网络色情案为例

网络时代,利用网络犯罪是随着现代科技发展而反射到刑事法律中不可回避的话题.本文以我国首例网络色情案为例,首次从刑事证据法学角度,对电子证据制作主体身份辨真的定位、存在的难题和困惑、认定的对策等方面予以剖析,以期对我国刑事电子证据制度的完善有所裨益.     

The Trap

A professor is brought before a secret tribunalin his law faculty for the purpose of decidingthe appropriateness of a student's grade. Thegrounds of the grade appeal are that theprofessor had taught critically instead ofpractically and that he had done so with anacademic bias and prejudice. He is also allegedto have taught philosophy rather than law. After many hours of examination andcross-examination as a defendant and as anexpert witness, the professor, Flink, begins adialogue with a spirit in an effort tounderstand the nature and identity of law. Flink comes to appreciate that law is adisplacing discourse rather than a structure ofcategories signified in an official writing. The analytic method familiar to officials incommon law jurisdictions, Flink comes tounderstand, excludes the experiential meaningsthat are manifested through unwritten gesturesand rituals. Officials embody signs withexperiential expectations and past assumptions.The embodiment of meaning brings life intolegal language. But such an embodiment isforgotten as officials decompose textualfragments and reported social events intoanalytic units. Legal analysis is so successfulthat officials even forget that they hadforgotten something so important as theembodiment of meaning.The professor and the spirit also ask whetherjustice is an `ought' and where one can locatesuch an `ought'. They conclude that there is astructure within which legal officials reason.The exteriority of the structure is anunwritten `ought' realm. But the structurepossesses a gap, which enters into such anunanalysable object-less realm. Analyticreasoning has assumed that reason can take anofficial only so far until she or he mustjourney outside the structure to anunanalysable realm of personal values. However, the embodiment of meanings alsoincorporates unwritten collective values ofwhich officials, precisely because of thesuccess of the analysis project in forgettingthat something was forgotten, have never beenconscious. It is such an unanalysable realmthat grounds or authorises the analyticproject. The exterior authorising origin of theanalytic units of the structure rests upon apossibility that requires faith on the part ofthe officials, a faith that there exists afoundation, radically different from theanalytic units, on the other side of thestructure. The officials can, at best, imagineor picture the authorising origin, located asit is in the unanalysable object-less realmexterior to the written language of thestructure. The imagined origin takes the `form'of a bodiless spirit. The officials (and theprofessor and spirit) are haunted by thepossibility that the structure of humanlyposited rules are ultimately authorised by aspirit.     

Back Home? Refugees' Experiences of their First Visit back to their Country of Origin

This paper argues that the first visit ‘back home’is important for refugees because it acts as a catalyst forrenewed engagements with host country and country of origin.The study shows that conditions in both countries impact ondecision-making and ultimately that integration and return cancoexist. The first re-connection with ‘home’ isdescribed as a memorable event in and of itself. Marked by anawareness of the passing of time, it provides both an end towaiting and worrying and a measure of one's progress (or lackof) in life, thus enabling participants to move on. Establishmentof safety nets in both host and home countries as a conditionfor permanent return distinguishes the predicament of theserefugees from that of other migrants. As the meeting betweenimagination and reality, the first visit contributes to there-examination of the refugee cycle, the myth of return andthe meaning of home in a context where return encompasses onediscrete experience, the visit, and subsequent events. Overall,the paper provides a link between the literature on return asimagined while in exile and accounts of the reality of post-return.     

Why education matters: school ‘choice’ and differing views on citizenship in Pakistan

This article discusses young Pakistanis' self-articulation of their relationship with the state, focusing in particular on the perceptions held by those aged between 15 and 25 and who are in education. The research used a mixed methods approach. Data were collected in 6 private, 11 philanthropic and 3 government schools as well as 2 madrassas and 5 universities in urban, semi-urban and rural areas in Punjab, Sindh and Balochistan. A questionnaire with qualitative and quantitative sections was distributed to class 10 students and over 1000 questionnaires were returned. The research found, on aggregate response, that there is a high sense of belonging to the nation, yet paradoxically also a high sense of alienation with regard to the state. Whilst most of those surveyed professed awareness of their rights and duties, the youth was seen by the same respondents as mostly ignorant of these. The factor that caused the greatest variation was the type of school attended where responses and attitudes regarding the state, rights, responsibilities and citizenship differed markedly. This article discusses how this school ‘choice’ is linked with particular perceptions of citizenship by looking beyond class and problematising the relationship between education and the perceptions of the state.     

Introduction

This introductory paper seeks to provide an overview of the key themes that run through the papers in this special issue. Taking their cue from some ongoing current debates about the meanings of citizenship, multiculturalism and identity in the contemporary environment, Schuster and Solomos begin by exploring some of the most significant ideas in current political and academic controversies about these issues. In doing so they touch upon some of the main policy dilemmas faced both by nation-states and by migrant and minority communities. They then move on to engage with the question of what policies need to be developed to deal with citizenship and belonging in societies that are increasingly ethnically and culturally diverse. They conclude by analysing the direction of current research and policy priorities, and provide an overview of the key arguments to be found in each of the substantive papers that make up this issue.     

The frontier revisited: displacement,land and identity among farm labourers in the Sundays River Valley

This paper aims to unpack the dynamics of displacement and the relationship of physical movement to elements of space (i.e. land) and place (or identity), in the Sundays River Valley, near the town of Kirkwood, in the Eastern Cape, South Africa. It primarily uses the motif of frontiers to cast light on displacement as an ongoing phenomenon and explore the different eras of occupation of land in the Sundays River Valley, from the early nineteenth century until 1970. It relates different layers of belonging and identity to the unfolding of capitalism and apartheid in South Africa. The article argues that ties to land are multiple, contested and based upon dispossession and physical movement rather than upon stability. While such a high degree of contestation of oral evidence in the Sundays River Valley might not give current claimants a detailed legal basis for restitution, it is an academically valuable idea to explore the origins of the inhabitants in the Sundays River Valley – because it can indicate the degree to which local identities are influenced by experiences of disruption and displacement. The paper argues that frontier relationships in the SRV are central in the formation of larger systems of relationships of race and class, and that this casts new light on displacement (both as a historical event and a contemporary experience), in the formation of identity and place in southern Africa.     

Everyday Construction of Identity in the Estonian Refugee Community in Sweden

Social constructionist approaches underscore that identity is constantly negotiated. It emerges as values and attitudes are promoted and confronted in everyday actions, behavioral patterns and fleeting comments by participants in social events. This article analyzes membership categorization and pragmatic code-switching in the Swedish Estonian refugee community, demonstrating the fragile balance between ‘Estonian’ and ‘Swedish’. The speakers orient to Estonian Estonian as the target variety of language, while frequently using Swedish for sense-making. The analysis is based on audio and video recordings of Swedish Estonian club activities and research interviews.