基于越文化品格的浙商精神

本文从越文化的越俗、越艺、越学三大构成要素入手，把握越文化质朴骁勇的心理特征，开疆拓土的价值取向和求实创新的实践努力，分析浙商在文化理念上对中国传统人文品格吸收突破后的原创特质，深层次揭示基于中国传统文化和西方现代文明传承创新的越文化品格对浙商精神的影响力。     

讼刑事诉讼非法证据排除规则

非法证据的取舍问题一直是我国刑事诉讼法学界争论的焦点。笔者借鉴了国外有关制度以及这些制度产生的背景原因 ,指出了一国非法证据的排除规则会受该国法律文化传统 ,政治状况 ,刑事诉讼价值等的制约。分析了国内学者的不同观点 ,认为应当在我国确立“排除加例外”的非法证据规则 ,并尝试了具体规则的设置。     

刑法解释的变与不变——以行贿罪构成要件“为谋取不正当利益”的解释为视角

行贿罪必须具备＂为谋取不正当利益＂的目的。将＂为谋取不正当利益＂作为行贿罪法定构成要件,是我国立法机关经过审慎考察我国国情、国外立法之后的选择。何谓＂为谋取不正当利益＂,在司法实践、刑法学界存在争议。关于＂为谋取不正当利益＂的解释,体现了刑法解释的变与不变——随着社会的发展,刑法解释结论肯定会发生变化,但在某个具体的历史阶段,刑法解释的边界又是可以划分的。恰当地理解刑法条文,必须根植于社会现实与历史传统之中。     

African tourist art as tradition and product of the postcolonial exotic

ABSTRACT

Figurative art made in Central and West Africa for the global market is a form of tourist art – a category that has been plagued in art historical research by misconstrued concepts such as the authenticity of traditional/precolonial art. Following its categorisation as a commodity, studies focused on the decontextualisation of the object, thus marginalising the producing culture. In this article I investigate the role of the artist in preserving tradition and the role of the trader who, as cultural broker, exoticises the object. Since it can be argued that these are acts of decolonising, African tourist art can be regarded as a product of the postcolonial exotic, as defned by Graham Huggan (2001). Accepting the inescapability of postcoloniality, tourist art can be repositioned as a successful attempt to preserve and promote African cultural traditions and identity in the new era.     

State building and the non-state: debating key dilemmas

This article unpacks the relationship between state building and the non-state. While accepting both the positive and corrosive characteristics of non-state actors and informal practices of governance, it attempts to (1) advance an argument in favour of mainstreaming ‘non-state’ forms that are positive and useful for state building; and (2) highlight the tensions between the practice of state building and the reality of the non-state. In thinking beyond the state and non-state dichotomy, the article seeks to identify factors that are necessary if state-building programmes are to work in complex environments. Drawing on received wisdom from recent experiences, this conceptual study focuses on important contextual, local, political and legitimacy issues to highlight prominent dilemmas. The conclusion suggests four policy-relevant lessons that reinforce the argument in favour of mainstreaming the non-state agenda into the critical thinking about security and development.     

Codetermination and the market for corporate control in the European Community

In the process of European integration the member states have agreed to transfer substantial jurisdiction in the areas of economic and monetary policy to the European Community. In industrial relations, however, they have refused to make similar concessions. Despite its numerous attempts the Commission of the EC has not as yet been able to secure the political consensus necessary for a European model of employees' participation and codetermination. In the context of the Single European Market the national systems of codetermination are destined to play a decreasing role. With the continuing development of the single market and its interlocking business structures across national borders, regulations on codetermination that extend only up to such borders and no further can be expected to lose in significane. This paper traces the history of codetermination in the European Community. It also analyses the reasons why the various directives and regulations drafted by the EC Commission since 1967 have been rejected by the Council of Ministers.     

Realism and constructivism in Southeast Asian security studies today: a review essay

The post-Cold War debate among positivist and post-positivist theorists of international security - particularly realists, liberals and constructivists - has not diminished. Both realism and constructivism have now been established as the key intellectual competitors in Southeast Asian security studies. Following a brief intellectual history of Southeast Asian security studies, this paper reviews the major works of two political scientists who are leading authorities: Michael Leifer, a professor at the London School of Economics and Political Science and a realist; and Amitav Acharya, a professor at York University and a constructivist. This review essay makes the following argument: constructivism is more insightful than balance-of-power realism, but it is more likely to conform to a sophisticated balance-of-threat theory - a form of ‘minimalist’ or ‘soft’ realism - which can help explain the daunting tasks of security-community building.     

European criminal law and European identity

This contribution aims to explain how European Criminal Law can be understood as constitutive of European identity. Instead of starting from European identity as a given, it provides a philosophical analysis of the construction of self-identity in relation to criminal law and legal tradition. The argument will be that the self-identity of those that share jurisdiction depends on and nourishes the legal tradition they adhere to and develop, while criminal jurisdiction is of crucial importance in this process of mutual constitution. This analysis will be complemented with a discussion of the integration of the first and the third pillar as aimed for by the Constitutional Treaty (TE), which would bring criminal law under majority rule and European democratic control. Attention will be paid to two ground breaking judgements of the European Court of Justice (ECJ) that seem to boil down to the fact that the Court actually manages to achieve some of the objectives of the CT even if this is not in force. This gives rise to a discussion of how the CT (and related judgements of the ECJ) may transform European criminal law in the Union to EU criminal law of the Union, thus producing an identity of the Union next to the identities prevalent in the Union. The contribution concludes with some normative questions about the kind of European identity we should aim to establish, given the fact that such identity will arise with further integration of criminal law into the first pillar.

传统与现代的对话——论刘以鬯"故事新编"

"故事新编"创造性地运用各种现代技法,把现代人的各种内心困惑与焦虑嫁植于传统民间传说和戏剧的故事框架及意象空间内,对人的内心精神情感世界进行了当下性的考察,并从"故"事及"故"事所植根的中国传统文化中找到某种互文,为现代人的思考提供了更多的借鉴空间.     

The Freedom of Expression in Global Perspective

This paper presents recent events including the Danish cartoon crisis occasion—a re-examination of John Stuart Mill’s argument for freedom of expression. Despite the appeal of liberalism, Mill’s philosophy had from the start been subject to intense criticism. The rise of political Islam opens a new phase in the debate; the difficulties pointed out by Mill’s critics are indicative of the obstacles that liberalism still faces.