检察文化的儒家思想渊源——以儒家典籍中“察”字为中心的考析

"检察文化"是一个全新领域,中国古代并没有孕育出现代意义的检察制度,先秦儒家也没有将"检察"二字书写在自己的旗帜上。但是,通过对先秦儒家典籍中"检察"之"察"字的考析发现,其并非仅是字面意义的简单呈现,其内在已经形成了一种体系化的理论轨迹。"察"不仅是一种认识活动或行为,更是一种文化。其所包含的原则、方法、精神等构成了现代检察文化建设的"资源生长点"。     

Training of legal professionals in DNA evidence

The South African Criminal Legal System is based on Roman Dutch law. Court proceedings are led by a single presiding officer of the court. Prosecutors and defence advocates present the court with evidence in an adversarial manner. This system has inherent advantages and disadvantages and therefore the training of legal professionals in handling DNA evidence in court is important. The prosecutors resort under the National Prosecuting Authority and the defence advocates act independently or e.g. under the auspices of Legal Aid South Africa.Education curricula of legal professional do not include forensic science evidence. Principles such as evidential value in the forensic context are not addressed. Training of legal professionals with our Essential DNA Evidence™ Course has been a multiplier of forensic science knowledge in the legal profession in South Africa. We present prosecution and defence perspectives in an unbiased manner, compensating for the possible subjective interpretations of evidence that may be presented in court. Forensic evidence is subsequently carefully evaluated prior to being court presentation thus improving court efficiency, and allowing for a more focussed approach to the presentation of evidence. Approaches to the customisation of course content that adds value has been identified via evaluation of training programmes.Experience has shown that legal professionals have the ability to incorporate relatively complex scientific concepts into their legal arguments if provided with the appropriate training opportunity. Appropriate training in DNA evidence has made the court process more effective, both in terms of time and costs, and ultimately serves justice.     

How to construct your sexuality according to French magazines

Gendered magazines are a major contemporary form of mediation, (re)production and organization of (hetero)sexuality. They illustrate how sexual activity and performance become the concern and responsibility of individuals who are able to invest time and resources in the construction of a sexually-skilled self. Drawing on contemporary research, the article seeks to promote a dialogue between media and communications research, analysing French media narratives on sexuality through the reading of a selection of articles from the best-selling summer magazines aimed at 18- to 25-year-old readers. The article uses a semiodiscursive analysis to understand how didactic models are made to (re)produce specific knowledge on sexuality and to ascertain that this knowledge is coded in an expertise discourse. Through the hypothesis of a didactic ambition, three didactic models are identified, and attention is here focused on the short-coming/reparative model, that simultaneously creates a dysfunction and a fix. The analysis eventually reveals that didactic models are made to organize social life by strictly dividing sexual and therefore social roles between “men” and “women”. The moral criteria called upon regulate the ideal treatment of those didactic modalities and the discourse in magazines ends up shaping sexuality as a contemporary moral economy, a problem that should be pragmatically treated through the use of a certain type of knowledge.     

Aftereffects of Knowledge: Dogmatic Retreats and Sceptical Adventures

Abstract

A distinction between nature and culture is usually thought to be a condition of possibility of criticism. The idea is that, in comparison to natural laws, norms and conventions are merely relative and, therefore, susceptible to criticism and change. This paper contests this view and argues that critical practice is still possible, and even more productive, when nature and culture are seen to be continuous with one another. A general contrast is developed between ‘dogmatic’ and ‘sceptical’ modes of criticism. The suggestion is that theorists as diverse as Jürgen Habermas and Judith Butler adopt the dogmatic approach. An alternative, sceptical critical mode is elaborated in connection with Nietzsche and the ancient sceptics. This sceptical approach is based upon an identity between nature and culture, and has affinities with the aesthetic emphasis of some contemporary political theory.     

新形势下高校廉洁文化建设的困境与对策

高校廉洁文化建设是高校廉政建设和人才培养的重要组成部分,也是全体师生内化廉政知识、提升廉政素养、塑造廉政人格的过程。目前,高校廉洁文化建设虽然取得了一定成效,但仍然存在传承者角色缺位、接受者知行缺位、保障链协同缺位、同构性创新缺位、生态圈导引缺位等困境,需要采取完善管理保障体系、培植廉洁教育体系、创新载体平台建设、设计监督评价体系等措施,积极探索新形势下高校廉洁文化建设新路,为推进高校健康和谐发展提供坚强保障。     

廉政制度建构中廉政文化培育的传统阻碍与现实路径

从新制度经济学对正式制度与非正式制度的区分来看,培育廉政文化是中国廉政制度建构及其运行的灵魂。中国传统政治文化伴生的"官本位"盛行,"以善抑恶"的崇善制度伦理,对贪腐的"恨妒"心态,"潜规则"陋习泛滥,形成了廉政文化培育的阻碍。必须坚持人民主体地位的理念,创新性地推进廉政文化培育。要积极稳妥地推进以干部选拔制度为突破的政治体制改革,以破除官本位的阻碍作用;要大力培育以科学理性为主导的融人文精神于一体的当代科学精神,推动人伦型文化向科学理性文化的转型;要重塑国家廉洁价值观,奠定服务型政党和服务型政府发展的文化基础;要将高质量的制度建构及其良性运行作为重点,提高廉政制度建设的科学化水平。     

Concepts and conceptions of civil society

Abstract

This article takes issue with three rival approaches to conceptualizing the idea of civil society in the contemporary discussion, arguing that none of these succeeds as a general account of the concept. It argues instead that there is no general concept picked out by the expression ‘civil society’: uses of ‘civil society’ are theory-laden such that they can only be understood from within the theoretical, practical, and historical contexts in which they originated. This article concludes by arguing that the idea of civil society still retains critical value, provided that the theorist locates it in a particular context.     

Impact of the Arts on Individual Contributions to US Civil Society

Abstract

Many studies have emerged in recent years examining the impact of the arts on educational outcomes, physical and mental health outcomes, local economies, and community well-being. Yet considerably less attention has been given to the impact that participation in the arts has on social behaviour that promotes a civil society. This study seeks to remedy this gap in the literature by examining the effect that both audience-based arts participation and direct participation in the arts have on three measures of civil society. We rely on data from the General Social Survey, which offers information on the arts participation behaviour of a random sample of adults living in the USA (n?=?1.341). Multivariate analysis is used to estimate the effects of audience-based arts participation as well as personal participation in the arts (creating art) on three dimensions of civil society: Civic engagement, social tolerance, and other-regarding behaviour. We find strong evidence that the arts enhance civil society. Both audience-based participation in the arts and personal participation in creating art are linked to higher levels of civic engagement, higher levels of social tolerance on some dimensions of the measure, and higher levels of other-regarding behaviour. Our findings have important implications, in that they demonstrate a strong association between the arts and individual-level social outcomes that contribute to the health of civil society.     

Using the Law as a ‘Harmonious Weapon’: The Ambiguities of Legal Activism in Favour of Migrant Workers in China

Abstract

Legal mobilization has spread in China over the past 20 years and is generally considered by both activists and scholars as a way to advance democracy and rule of law. Focusing on the mobilization in favour of migrant workers and on politically moderate practices, which are both more frequent and widely held as more successful, I argue to the contrary that resistance and reproduction of political domination are mutually constitutive. Public interest litigation and administrative litigation appear as new forms of political participation that constitute an internal regulation to the authoritarian regime, thus contributing to explain the regime's capacity to adapt and its durability. This article also accounts for new strategies developed by some lawyers that shun the courts and use law to ‘empower civil society’ and that thus do not contribute to structural reproduction. Though activists are struggling to turn their strategies into more institutionalized practices, they remain an ad hoc mechanism of internal control.     

Claims to the Past. A Critical View of the Arguments Driving Repatriation of Cultural Heritage and Their Role in Contemporary Identity Politics

Abstract

This article explores the role that the worldwide movement of repatriation of human remains and cultural heritage—from museums and other institutions to minorities and indigenous populations—plays in contemporary identity politics. Beyond the obvious positive outcomes of this process, including a significant democratization of the field of archaeology, the repatriation movement poses challenges, mainly because it relies on concepts such as past–present continuity that are sometimes subtly, sometimes not so subtly, problematic for legitimizing group identities and group claims to cultural heritage and human remains. It is argued that while archaeologists and anthropologists must continue to support the idea of increasing democratization of interpreting the past, they must also maintain the right to remain critical to all claims of the past by any particular group.