撒网采验DNA正当性探究

作为一种目的性侦查策略,撒网采验DNA必然存在正当性问题。正当性是撒网采验DNA健康发展的基础,是由静态结构的正当性和动态过程的正当性共同构成的完整体系。静态结构的正当性包括主体正当性、目的正当性、依据正当性、对象正当性和手段正当性。动态过程的正当性包括制定过程正当、实施过程正当和救济过程正当。     

从观念合法性到规则合法性——论近代中学训育部的出现与变革

近代中学训育部在1920年代初较为普遍地出现,至1930年代初,教导部又取代训育部成为一些中学新的训育组织。组织规模扩大和加强训育工作的实际需要,都不是中学"普遍"设置相应训育组织的根本原因。它只能从合法性影响的角度加以说明。与不同时期的政治结构密切关联,训育部最初出现主要是受观念合法性的影响,教导部的设置则主要受规则合法性影响。虽然,训育组织形式及其影响因素不同,但不同阶段中学的训育组织都存在趋同的现象。这也提醒我们以一种更为审慎的态度,思考当前有关学校特色发展、多样化发展的讨论和探索。     

TALIBANIZATION OF THE ISLAMIC STATE AND THE QUEST FOR RETROSPECTIVE LEGITIMACY

This paper develops the notion of ‘Talibanization’ – a concept which stems from the resilience and the determination of the Taliban to remain a dominant player in Afghanistan even after the downfall of their state in 2001. The factors that helped the Taliban to maintain their influence after the disintegration of their state constitute a pattern which could be applied to other conflict-driven areas such as Syria. By critically examining the socio-political conditions in the Syrian district of Jarablus, this paper demonstrates the ways in which the inept post-IS administration is inadvertently helping IS to gain what we call ‘retrospective legitimacy’ a drive which could sustain its influence for many years following its downfall.     

Consensus,compromise, justice and legitimacy

Could the notion of compromise help us overcoming – or at least negotiating – the frequent tension, in normative political theory, between the realistic desideratum of peaceful coexistence and the idealistic desideratum of justice? That is to say, an analysis of compromise may help us move beyond the contrast between two widespread contrasting attitudes in contemporary political philosophy: ‘fiat iustitia, pereat mundus’, on the one side, and ‘salus populi suprema lex’, on the other side. More specifically, compromise may provide the backbone of a conception of legitimacy that mediates between idealistic (or moralistic) and realistic (or pragmatic) desiderata of political theory, i.e. between the aspiration to peace and the aspiration to justice. In other words, this paper considers whether an account of compromise could feature in a viable realistic conception of political legitimacy, in much the same way in which consensus features in more idealistic conceptions of legitimacy (a move that may be attributed to some realist theorists, especially Bernard Williams). My conclusions, however, are largely sceptical: I argue that grounding legitimacy in any kind of normatively salient agreement does require the trappings of idealistic political philosophy, for better or – in my view – worse.     

Everyday Legitimacy in Post-Conflict Spaces: The Creation of Social Legitimacy in Bosnia-Herzegovina's Cultural Arenas

Abstract

The international community has long been criticized for its lack of social legitimacy in Bosnia-Herzegovina and its creation of a dysfunctional public space in the light of people's everyday experiences of peace. This article contends that, as a result, legitimacy has been moved from such public spaces to semi-public spaces, wherein the public and the private are interrelated. One example is local cultural arenas, where hopes emerging in people's everyday lives are projected onto alternative visions of peace and a corresponding social contract. In that sense, cultural agencies have served as alternative social locations of legitimacy due to their closer connection to people's lives and needs.     

Communist regimes,legitimacy and the transition to democracy in Eastern Europe

The purpose of this article is to clarify the relationship between forms of political legitimacy employed by communist regimes in East and Central Europe and subsequent models of revolutionary change in 1989. The conceptual basis of the analysis lies in Max Weber's theoretical framework of legitimacy. The four cases selected for comparison are Bulgaria, Hungary, Poland and Romania. The attempts of de-Stalinization and reformation of these party-state regimes through the introduction of paternalistic and also more goal-oriented measures could not prevent their disintegration in the 1980s and their subsequent collapse in 1989. But, I argue, it was the withdrawal of ideological support by elites that ultimately brought communism to an end. The differences in revolutionary scenarios and transitions to democracy in the four cases indicate the importance of a shift in both rulers and masses towards interest in dialogue and compromise. Hungary and Poland represent the clearest scenarios in which communist parties acted as agents of regime change in a rational-legal direction. The Bulgarian case stands as an intermediary case between these two and Romania. Finally, Romania represents an extreme case of violent revolution and the overthrow of a traditionalist and sultanistic regime and illustrates the difficulties following a complete collapse of political authority.     

Long-term monarchical survival in the Middle East: a configurational comparison, 1945–2012

The survival of eight monarchies during the “Arab Uprisings” has put centre stage the fundamental question about the durability of this subtype of authoritarian regime. Seen from a broader historical perspective, however, the idea that monarchies have an inherent advantage in retaining power is less evident: a number of authoritarian monarchies broke down and subsequently became republics (Egypt 1952, Iraq 1958, North Yemen 1962, Libya 1969, Iran 1979), while others survived (Bahrain, Jordan, Kuwait, Morocco, Oman, Qatar, Saudi Arabia, United Arab Emirates). To account for these divergent long-term pathways we systematically compare the 13 current and former Middle East monarchies. Using a fuzzy set qualitative comparative analysis (fsQCA), we concentrate on five central explanatory factors derived from previous research – namely, external support, rent revenues, family participation, the monarch's claim to legitimate rule, and hard repression. Our findings highlight the existence of three broad pathways to monarchical survival – linchpin monarchies, like Jordan and Morocco, versus the dynastic Gulf monarchies – and also reveal a possible hybrid third pathway, one which shares linchpin characteristics, but relates to cases on the Arabian Peninsula (Oman and the historical Imamate in North Yemen).     

The Public Legitimacy of the National Assembly for Wales

This article examines the public legitimacy of the National Assembly for Wales. Both the Assembly and the broader system of devolved government for Wales initially enjoyed very limited public support. It is shown that support for devolution in general has risen substantially, while some elements of public attitudes towards the Assembly itself now appear distinctly positive. However, it is also demonstrated that public legitimacy, defined as ‘diffuse support’ for the Assembly, remains limited. The article then examines what factors explain levels of diffuse support for the National Assembly. It is found that variation in such support is best accounted for by factors associated with ‘non-material consequentialism’: perceptions of the impact of the Assembly on the process of government. The conclusion assesses the implications of the findings for the National Assembly, as well as for the study of devolution and political institutions more generally.     

Nation-states,Market-states,and Virtual-states

The advent of a global economic and physical superinfrastructure is in the process of transforming terrorism, guerrilla warfare, and the nation-state. A useful model for understanding this process of transformation is Philip Bobbitt's work, “The Shield of Achilles.” Bobbitt's work demonstrates that the nation-state is in a difficult and dangerous process of transition to a new form of governance, called the market-state, that is built to withstand and prosper despite the pressures of globalization. This process is complicated by the emergence of a vicious asymmetric competitor, in the form of a virtual state that leverages the huge flows of the global criminal economy, combined with the weakness of the nation-state during its phase transition to the market-state. This essay details the structure of this conflict and provides a scenario for its potential outcome.     

Hacia un proyecto “democrático-expansivo” de transparencia

This work explores the paradox of normative and institutional improvements vis-à-vis political and practical deficiencies through the analytical lens of an increasing clash among three different and opposing projects of transparency: the “bureaucratic”, the “public-relation,” and the “democratic-expanding” approaches. Mexico’s failure to fulfill the promises of its institutional reforms is due to the preeminence of the first two approaches. Mexico, as well as other countries in a similar situation, needs to transcend such superficial, one-sided approaches to fully embrace a project aimed at deepening and expanding democracy itself.