空间美学的理论生成与合法性建构

美学作为一门系统研究主体“感性之学”的学科形态,其获得自身的场域伦理和知识体系是一项重要的现代性事件,从维柯的“诗性思维”理论到鲍姆嘉通对美学学科的界定,都体现出主体感性能力对美学合法性存在价值的承担。与此同时,主体对“空间”的诗性审美能力是先验存在的,并成为主体感性能力的重要组成部分。所以,美学、感性和空间三者便相互融合,生发出崭新的“空间美学”话语。在前现代时期,主体对空间审美的朴素认知构成空间美学的理论萌芽;现代美学的“感性革命”清晰地凸显出主体与空间之间的诗性伦理,比如海德格尔的“空间栖居”和梅洛 庞蒂的“视知觉空间”便进一步延展空间美学的理论脉络;现代文学的空间审美实践和话语流变再次推动空间美学的场域自律,并最终形成既关注主体生存,又充满文化批判的现代美学形态。空间美学将持续给未来美学的发展提供有益的知识学资源和价值承担。     

The President's Commission and Sentencing,Then and Now

The proposals made in 1967 by the U.S. President's Commission on Law Enforcement and Administration of Justice on sentencing were sensible, humane, well informed, and ambitious. They were premised on an assumption that indeterminate sentencing, then ubiquitous, would long continue, and sought to remedy its weaknesses and build on its strengths. That assumption proved wrong. Within a decade, indeterminate sentencing and its rehabilitative aspirations lost credibility and legitimacy. Within two decades, American policies incorporated features such as determinate sentences, lengthy prison terms, and mandatory minimum sentence laws that the Commission explicitly repudiated. The Commission's influence is evident in successful sentencing reform initiatives of the 1970s and early 1980s, some of which survive in a few places in compromised forms. Many of the Commission's proposals to make sentencing fairer, more consistent, and less vulnerable to influence by political considerations and public emotion are as germane today as they were in 1967.     

An Empirical Analysis of the Acceptance of E-Procurement in the German Public Sector

The increasing governmental spending and simultaneously declining income of municipality are two of the most significant challenges of the 21^st century. The introduction of the Internet and innovative information and communication tools over the last few decades have led to a cost saving and efficiency advantage in many areas. By far, public administration has not fully profited from these opportunities and advantages. This article seeks to understand the underlying barriers of technology implementation, namely e-procurement, within the public administration area by analyzing the key barriers of central decision makers within the organization. The empirical findings of 289 respondents from the German public administration show that the barrier typologies are identified and that they have a strong impact on the resistance of implementation. However, the collected data could not verify the theoretically postulated relationship between high resistance and low implementation of the new technology.     

中国农村居民消费结构分析

运用统计学理论,动态分析中国农村居民的消费结构及影响因素,可为提高农村居民的生活质量提供参考。[1]研究结果表明:1990年以来,农村居民恩格尔系数处于递减的趋势,食品、衣着比例减少,医疗、交通和通讯比例增加,消费结构有所改善,但2005年以后,农村居民在文教娱乐方面的支出比重有下降趋势,此现象值得关注。建议通过提高农民科学素养、拓宽增收渠道等措施增加农民收入,促进消费结构的优化。     

法律规则的逻辑结构

有法律,有法学,就一定有法治吗?最早提出这个问题的是江平和吴敬琏两位学术大家。在犯罪与刑法领域,这个问题可以表述为:有刑法,有刑事法学,就一定有刑事法     

犯罪论对刑法典的形塑作用——以德国犯罪论与刑法典的关系史为线索的考察

刑法典与犯罪论体系的关系是犯罪论体系论争的一个前提性问题。对此,主张"维持论"的学者提出了"刑法典对犯罪论具有制约关系"的命题。通过对德国犯罪论与刑法典关系史的考察,可以看出,无论是构成要件、违法性还是罪责,都不是德国刑法典的产物,而是德国刑法学者智慧的产物。更为重要的是,阶层犯罪论体系的这些基本概念,通过在刑法学界形成共识之后,形塑了德国刑法典的发展。我国犯罪论体系的建构不应拘泥于刑法典本身的规定,因此引入德国阶层犯罪论体系并不存在障碍。     

Widowhood options and strategies in preindustrial northern Europe

This article reassesses the variety of demographic, social, and economic forces that shaped the residence patterns of widowed and intergenerational relationships in northern Europe in the past. Factors considered include occupational status (landholders and landless), retirement contracts, system of poor relief, age at widowhood, and number of children surviving from previous marriages. Detailed findings are presented for two communities in southwestern Finland. Women in rural western Finland should not be viewed as helpless or dependent. Legally they might never have been the equals of men, but if their lives were affected by a number of restrictions so were those of men. Cooperation with kin and the creation of strategies for maintaining the family land were not unique to southwestern Finland. The stem family indeed had the capacity to act as an institution providing for the maintenance of the old and the young whenever it was supported by stable property. The possibility that this property might pass from the family to nonrelatives provided the motive for detailed retirement contracts. Such contracts did not signal intergenerational tension with the parental generation trying to protect its interests in the face of pressure from the children, as Gaunt [The property and kin relationships of retired farmers in northern and central Europe. In R. Wall (Ed.), Family forms in historic Europe (pp. 249–279). Cambridge: Cambridge University Press] has suggested. With the proletarianization of society in the 19th century, the proportion of poor widows increased. These paupers circulated among farms being taken care of for a specific time at each place. However, even in the late 19th century, landless widows usually did not reside alone.     

Becoming widowed

This article discusses the characteristics of widowhood in early 19th-century Austria, focusing on the sources of economic support. Higher proportions of the widowed population were found in inmate than in tenant households, and more women than men were widowed. Widows were more likely to live on their own than adults in general were, indicating that many widows could support their households from their own resources. For 40% of the widows, however, familial support was available in the form of a coresident extended household. Tenant households with greater resources at their disposal were better able to offer this form of support than inmate households. Less than 1% of tenant widows lived alone. Longitudinal data were analyzed to determine the relative frequency with which tenant and inmate widows succeeded their late husbands as household heads, remarried, or retired to become the mothers or mothers-in-law of the new household heads.     

Adult brothers and juvenile uncles: Generations and age differences in families at the end of the Middle Ages

In medieval families, dependent relationships did not fall exclusively within the context of parental ties. For various reasons, children sometimes grew up with a much older brother or sister or with uncles or aunts younger than themselves. The article examines these relationships in the household at the end of Middle Ages using fiscal documents and accounts of miracles. The questions are what sort of relationships existed when age and generation did not coincide, how authority was exercised, how dependent relationships should be analyzed, and how autonomy was acquired. These questions can place avuncular and fraternal relationships in a new and different light.