法律哲学的社会—政治基础——论马克思法律理论建构的“社会—政治法律哲学进路”

受从"哲学批判"到"政治经济学批判"之转变的影响,马克思法律理论的建构遵循了"社会—政治法律哲学进路"。这种进路的选择不仅不是马克思的疏忽,更是包含着马克思本人促进人类解放的伟大担当和理论旨趣。而且,这种进路触及到了法律的一个特征,即法律的非自主性(法律的社会—政治基础),对当下中国法律哲学的建构具有跨文化的普适性。     

Radical formalism

The question of formalism often gives rise to well-rehearsed notions of political indifference, autonomy, and ahistoricity. Yet what if a radical formalism was deployed––against these normative understandings––as a contextual practice and subversive method of critique? Mobilized into action, “Radical Formalism” proposes that institutionalized understandings of form may be hijacked from within as an alternative strategy of resistance. Examining the work of Charlotte Poseneske as one practitioner of radical formalism, this essay offers ways of considering formalist art objects as carriers of the political. By welcoming contextual readings of form, we move past the superficial and facile readings of the relation between aesthetics and politics, enabling ourselves to understand what form can perform.     

“Yours for Socialism”: Communist Cultural Discourse in Early Apartheid South Africa

This paper explores the diversity of cultural debates which constellated around the Communist Party in South Africa in the late segregationist and early apartheid periods. It traces the textual remains of an itinerant public debate––dispersed in periodical reviews, magazine articles, journalistic tit-bits and other ephemeral public sphere activities such as debating societies, theater groups and discussion clubs––with a view to complicating and expanding the South African literary-cultural archive. Of particular importance are the practices and protocols of reading, cultural critique and interpretation that characterized the intellectual-political field––or public sphere––which we name the Communist Party. In this way, a fragmented cultural discussion is provisionally reconstituted or “invented” as an important South African tradition and reclaimed as a significant intellectual inheritance. The project thus bears on broader question of reading the past and attempts to negotiate an historical split between uncritical nostalgia and the will to transcend.     

Gaspirali v. Il'minskii: Two identity projects for the muslims of the Russian Empire

As “music of commitment,” in the period from the late 1970s to the late 1980s rock music in Yugoslavia had an important purpose of providing a popular-cultural outlet for the unique forms of socio-cultural critique that engaged with the realities and problems of Yugoslav society. The three “music movements” that embodied the new rock’n’roll spirit – New Wave, New Primitives, and New Partisans – used rock music to critique the country's “new socialist culture,” with the purpose of helping to eliminate the disconnect between the ideal and the reality of socialist Yugoslavia. This paper examines the New Partisans as the most radical expression of music of commitment through the works of its most important rock bands: Bijelo dugme, Plavi orkestar, and Merlin. The paper's argument is that the New Partisans' socio-cultural engagement, animated by advocacy of Yugoslavism, was a counter-logic to the nationalist dissolution of a distinctly Yugoslav fabric of a socialist community in crisis. Thus, the movement's revolutionary “spirit of reconstruction” permeating its “poetics of the patriotic” was a mechanism of socio-cultural resistance to political, cultural and moral-ethical de-Yugoslavization of Yugoslav society. Its ultimate objective was to make the case that the only way into the future – if there was to be any – rested on strategic reanimation of the Partisan revolutionary past as the only viable socio-cultural foundation of the Yugoslav socialist community.     

公共管理运动中的理性主义批判

公共管理运动是20世纪70年代后发展起来并产生广泛影响的政府治理理论和运动。它为政府改革和公共行政学研究提供了新的思路。然而，由于其理论和实践标准是建立在理性主义基础之上，因此公共管理运动存在着许多值得反思和批判的缺陷：对人性的认识的偏颇；对市场机制的过分崇拜以及不恰当的顾客比喻等。这些缺陷使得公共管理运动只能成为公共行政学研究的一个视角，而不能成为其替代模式。     

主体性哲学的批判与超越——从笛卡儿的“我思”到马克思的主体间性理论探析

从古至今，哲学经历了由前主体性到主体性再到主体间性的演进。马克思的主体间性理论的出场不仅仅是理论问题，更是实践哲学意义上的生存论问题。     

论当代中华民族精神

当代中华民族精神乃是由中华民族的传统精神、全人类精神和马克思主义精神这三股精神融汇而成 ,经由邓小平理论融为一体。它具有强大的凝聚力、生命力和创造力。当代中华民族精神的基本特征是传统与现代的统一、东方文化与西方文化的统一、革新与渐进的统一。当代中华民族精神的丰富内涵表现为 :求新的批判精神、求实的科学精神和求善求美的人格精神     

由现代法律解释学看婚内强奸之定性

婚内强奸是目前国内法学研究的一大热点问题。对于这个问题学界一直存在着否定说和肯定说两大理论体系。从现代法律解释学的角度来看，它们二者都是现代法律解释学观念的必然产物。但二者进行比较，后者则具有更多的进步意义。     

From Critique to Reconstruction: On Axel Honneth's Theory of Recognition and its Critical Potential

Abstract

This paper aims to analyse Axel Honneth's theory of recognition by focusing on two distinct methodological approaches present in it, namely, critique and reconstruction. The critical moment in Honneth's theory of recognition is articulated around two concepts: world-disclosing critique, which is based on the attempt to suggest new and provocative points of view on social reality through the usage of rhetorical devices; and misrecognition, as the empirical starting-point for the theoretical model. These two notions, which can be traced back to Adorno and the so called "first generation" of the Frankfurt School, are interpreted as the mainlines of the diagnostic moment in Honneth's critical theory, as they provide an effective analytical insight into the reality of social suffering. Furthermore, they represent the basic fundament upon which the second level, reconstruction, is articulated. By bringing to light the core aspects of social interaction, they provide the initial clues for the development of the normative framework of recognition, the formal idea of a "good life". The final part of the paper argues that such an interpretation of Honneth's theory of recognition helps to overcome some of its most problematic aspects and thus to deepen its critical potential.     

Morality,Law and the Place of Critique: Walter Benjamin's The Meaning of Time in the Moral World

Abstract

Critique as a philosophical concept needs to be recast once it is linked to the possibility of a productive opening. In such a context critique has an important affinity to destruction and forms of inauguration. Working through writings of Marx and Walter Benjamin, specifically Benjamin's "The Meaning of Time in the Moral World", destruction and inauguration are repositioned in terns of othering and the caesura of allowing.