Responses to Salduz: Procedural Tradition,Change and the Need for Effective Defence

This article examines the responses of national courts to the ECtHR's decision in Salduz v Turkey that suspects be provided with access to a lawyer before they are first interrogated by the police. It argues that harmonious application of human rights standards in criminal proceedings should build upon common values underpinning the procedural traditions of member states. ECtHR success in gaining acceptance for the principle of access to a lawyer during police interrogation, anchoring it in the privilege against incrimination, is contrasted with resistance towards giving the defence any active role during criminal investigations. It is argued that this resistance can be overcome by an appeal to safeguards that have long dominated the trial process. As the investigation phase increasingly determines the outcome of criminal proceedings, standards of fairness traditionally reserved for the trial process should be applied also to this phase in order to provide suspects with an effective defence.     

西方法律传统与法制现代化

法制现代化是人类社会法律文明的成长与变革过程,这场意义深远的历史性变革首先肇始于西方。西方法制现代化作为原生的内发型法制现代化,由于它反映了法律文明发展的世界性这一共同规律,因而成为全球法制现代化运动的先导。     

Reading,Back in Vogue

正READING is a long cherished tradition in China.A well-educated family is often approvingly referred to as"a home f illed with the fragrance of books."However,after the market economy swept across the country,frenetic changes in lifestyles began to upend certain long-standing social norms.The number of books read per capita in     

The paradox of principles: the dialectics of Hayek's liberalism

The success of Hayek's ideas and the political project they served is especially attested by the appreciation and appropriation of his theories by socialist intellectuals whose rehabilitation was one of his life-long preoccupations. His work, however, continues to elicit contradictory epithets such as ‘remarkable consistency’ and ‘irremediable eclecticism’, ‘propaganda’ and ‘social science’. The apparent paradox is underlined by Hayek’s own forceful rejection of dogmatic rationalism and all forms of intellectual and political eclecticism. This paper attempts to relate and resolve these conundrums by re-examining his work in the light of yet a third question that haunted him ever since his youthful conversion from Fabian socialism to militant liberalism, namely how to reconcile the decline of liberal capitalism, considered the freest and most efficient order conceivable, with an evolutionary discourse that precluded such a possibility. By anchoring the discussion in this central question, rather than the customary focus on a particular theory, tradition, discipline or set of privileged texts, this paper demonstrates that both eclecticism and ideological closure are intrinsic to Hayek’s singular quest to advance the cause of ‘progress’ against the permanent threat posed by collectivism.     

Opportunity,responsibility and the market: interrogating liberal equality

This article scrutinizes the claim that liberal egalitarians are now the last real torchbearers for the principles of egalitarian reform. This claim might appear eccentric on the surface, but is increasingly common in leftist circles following the recent abandonment of such principles by formerly socialist parties. Programmes of 'social inclusion', for instance, are now widely criticized for substituting a desire to tackle economic inequalities with an incitement for us to become obedient, productive citizens. Focusing here on the claim that liberal egalitarians pose a radical alternative to this kind of discourse, I show that the real deficiencies of much liberal egalitarianism not only resemble but in many ways actually provide the sort of discourse within which parties like New Labour operate.     

Foucault,Critique and Rights

Abstract

This paper outlines Foucault's genealogical conception of critique and argues that it is not inconsistent with his appeals to concepts of right so long as these are under stood in terms of his historical and naturalistic approach to rights. This approach is explained by reference to Nietzsche's account of the origins of rights and duties and the example of Aboriginal rights is used to exemplify the historical character of rights understood as internal to power relations. Drawing upon the contemporary ‘externalist’ approach to rights, it is argued that the normative force of rights can only come from within historically available moral and political discourses. Reading Foucault's 1978-1979 lectures on liberal governmentality in this manner suggests that his call for new forms of right in order to criticise disciplinary power should be answered by reference to concepts drawn from the liberal tradition of governmental reason.     

Legitimate Power in a Mediated Age: Revisiting Carl J. Friedrich's “Authority,Reason and Discretion”

Although scholars of political communication study legitimacy and power consistently, we often overlook older works on the topic from political theory and philosophy that might give us guidance in a mediated age. Friedrich was a contemporary of Lazarsfeld, Merton, and so many of the great 20th-century social scientists we look to as providing the foundations for our field. This essay asks that we go back to Friedrich as well, and to others who found authority to be one of our most complex and important social phenomena.     

论当前中国行政文化的二重性

当前中国行政文化在传统行政文化和国外先进行政文化的共同作用下,显现出独有的二重性特征。一方面,行政伦理化、人治色彩、“官本位”意识和重形式而轻效率构成我国行政文化的传统特征;另一方面,法治观念、民主观念、服务观念及效率观念构成我国行政文化的现代特征。     

宗教文化对中国传统司法审判制度的制约与影响

宗教文化对中国传统司法审判制度的渗透与影响是不容忽视的,表面看来宗教对中国传统司法审判制度影响甚微,实际上宗教与传统司法审判制度有着深层的纠葛,宗教成为历代政治话语中法律权威性和神圣性的合理来源。其对司法审判制度的影响主要体现在制度层面、司法理念层面、法律器物层面。