遵循学生心理发展规律改革德育的途径和方法

提高道德教育的效果是我们目前面临的一个重要的议题,而德育实施的效果在一定程度上与德育的途径和方法密不可分。遵循学生心理发展规律、研究德育的途径和方法非常必要。为此,德育途径应立足于“生活化”;德育途径要立足于自然化和情境化;德育方法必须根据个体差异,坚持分层、分类指导;德育方法必须注重情感体验;倡导对话式的道德教育模式,搭建师生交流的平台。     

“赔钱赎刑”正当性与合法性的追问与考察

"赔钱赎刑"是司法和谐的表现,应从司法和谐理念出发,运用思辨的方法,以实证为视角,对"赔钱赎刑"进行"三追问"与"二考察";进而得出其符合司法和谐正当性与合法性的理由是:人权保障理念对当事人双重保护的趋同;人类社会文明进步促进刑罚轻缓化的实行;与修复性司法的国际接轨视野的催动;体现出一般公正下的个别公正的刑罚个别化的追求,以及在司法和谐技术上对法律潜在的认同。并对司法和谐的"赔钱赎刑"制度在中国本土化过程中的转化和现实的具体构建进行了技术性考察。     

现代性伦理谋划的道德哲学基础

古典资产阶级伦理学家作为现代性道德哲学的典型代表,尽管他们对现代性伦理谋划展开的伦理分析及提供的解决方案各有不同,但他们在现代性伦理谋划中却有共同的特点,即:都以抽象的人性作为伦理体系建构的本体论基础,以理性作为现代性伦理谋划的方法论依据,以美好的幻想及"乌托邦"式的社会运动开启现代性伦理实践。这种道德哲学呈现出唯心的、乌托邦的特征,当用这种道德哲学理论指导实践之时,便会出现现代社会伦理的危机及道德生活实践的悲剧。     

A Big Prince in a Tiny Realm: Smallness,Monarchy, and Political Legitimacy in the Principality of Liechtenstein

The Principality of Liechtenstein challenges the prevailing view in political science that ‘small is democratic.’ Located in the heart of Western Europe, the Principality is ruled by a monarch with extensive political powers. The present article examines how the smallness of the Principality contributes to the maintenance of powerful traditional leadership, and which strategies are used to legitimize the Liechtensteiner system vis‐à‐vis its population. On the basis of interviews with Liechtensteiner respondents, it is found that the smallness of Liechtenstein contributes to the position of the monarchy due to (1) the lack of alternative sources of identification, (2) the perception of the Prince as a neutral arbiter standing above the quarreling political factions, and (3) the dominant cultural code that limits citizens' opportunities to criticize the monarchy. The article highlights several ways in which the Prince has sought to legitimize his own position, and to undercut the criticism against him.     

DEVELOPMENT AND FRACTURE OF A DISCIPLINE: LEGACIES OF THE SCHOOL OF CRIMINOLOGY AT BERKELEY

In the early twentieth century, the University of California—Berkeley opened its doors to police professionals for instruction in “police science.” This program ultimately developed into the full‐fledged School of Criminology, whose graduates helped shape American criminology and criminal justice until well into the 1970s. Scholarship at the School of Criminology eventually fractured into three distinct traditions: “Administrative criminology” applied scientific methods in pursuit of refining law enforcement practices, “law and society” coupled legal scholarship with social scientific methods, and “radical criminology” combined Marxist critiques of the state with community activism. Those scientific traditions relied on competing epistemic premises and normative aspirations, and they drew legitimacy from different sources. Drawing on oral histories and archival data permits a neo‐institutional analysis of how each of these criminological traditions emerged, acquired stability, and subsided. The Berkeley School of Criminology provides fertile ground to examine trends in the development of criminal justice as a profession, criminology as a discipline and its place in elite universities, the uncoupling of criminology from law and society scholarship, and criminal justice policy's disenchantment with the academy. These legacies highlight how the development of modern criminology and the professionalization of American law enforcement find precedent in events that originate at Berkeley.     

Decentralization in Africa and the Resilience of Traditional Authorities: Evaluating Zimbabwe's Track Record

Abstract

This paper looks at one of the most important endogenous factors influencing the workings of decentralization in Zimbabwe. Successive waves of formal institutional change that took place during Zimbabwe's colonial and post-colonial history have been unable able to uproot the influence of traditional leaders. Due to their home-grown legitimacy, various traditional authorities continue to play an ever-present role in the lives of people in rural areas. But, as it is the case throughout most of Africa, the powers of traditional leaders have mostly been uncodified under modern law and these power relations tend to be rather informal and culturally inaccessible to most outsiders. Consequently, the scholarly literature has not been able to systematically acknowledge their pervasive influence. The article concludes with a reflection on how the influence of traditional authorities can be translated into the democratic and progressive empowerment of rural populations in the developing world.     

Governance in the European Union: A Policy Analysis of the Attempts to Raise Legitimacy through Civil Society Participation

Abstract

The article focuses on two flagship initiatives – the open method of co-ordination and online consultations – in which the European Union aimed to improve democratic legitimacy through collaborative governance. Offering an analytical framework to scrutinize the large body of existing theoretical and empirical research, the article concludes that not only were the high expectations on the effects of applied governance disappointed, the results also hint at larger, more general implications for the governance concept that, in contrast to the high expectations, appears to be indeed strongly dependent on government-like conditions to operate successfully.     

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.     

The World Bank as Knowledge Bank: Analyzing the Limits of a Legitimate Global Knowledge Actor

The World Bank has always sold ideas, not just loans. Starting in 1996, then president James Wolfensohn rebranded the Bank by articulating a formal vision of a “Knowledge Bank”—a provider of state‐of‐the‐art expertise on development. After a number of internal changes and assessments, the Bank is acknowledging that it needs to be more humble, pluralistic, and practical. Why do some regard the Bank as a legitimate knowledge actor, whereas others contest that authority? We offer an analytical framework that can explain stakeholders' uneven recognition of the Bank's knowledge role. When stakeholders define knowledge as products, the Bank generally obtains recognition for the quality and quantity of the information it generates. This is the output dimension of legitimacy. On the other hand, when knowledge only counts as such to users who have been part of the process of creating it, the Bank finds itself with limited recognition.     

Civil Society and the Legitimation of Global Governance

Abstract

This article assesses in what ways and to what degrees civil society activities have advanced the legitimacy of global governance institutions. It is argued that these citizen initiatives have often enhanced the democratic, legal, moral and technical standing of regulatory agencies with planetary constituencies and jurisdictions. However, these benefits do not flow automatically from civil society mobilizations and on the whole are much less extensive than they could be. With a view to greater realization of the potential contributions to legitimacy, the article elaborates recommendations for more, more inclusive, more competent, more coordinated, and more accountable engagement of global governance by civil society organizations.