新儒家在大陆的发展前景

重新审视和传承祖先文化的优秀精神,首当其冲要弘扬儒家仁爱思想和心性之学,以制造宽松的文化氛围。大陆新儒家的出现为势所必然,因为只有大陆的改革开放和现代化能够为第三期儒学的全面繁荣开辟道路。时代决定大陆新儒家一开始就要勇于承担空前的历史重任,将儒学从哲学人文领域一直推向和注入政治法律制度。打开良心的大门,开放思想言论自由,儒学当会重放异彩。儒家的许多思想主张可以转化为现代宪政理论。     

"9·11事件"后美国刑事司法政策的变化及启示

“9·11事件”后美国刑事司法政策发生了一些变化,其核心在于寻求个人自由和公共安全价值理念之间的平衡。把美国刑事司法政策调整放入其发展轨迹中分析,可以发现,一个国家刑事政策的调整、司法制度的构建总是立足于该国具体的社会现实。由此给我们的启示是,当前我国的司法改革应立足于社会现实对司法制度的需求。     

Decontamination procedures for drugs of abuse in hair: are they sufficient?

This paper reviews the methods for decontaminating hair exposed to external solutions of drugs of abuse. Exposure of hair to cocaine at 1 μg/ml for 5 min is sufficient to contaminate hair, yet decontamination is a very slow process. Using externally contaminated hair, a number of decontamination procedures were attempted, and none removed all the contamination. The percentage of external contamination removed depended on the hair type, with thick black hair being the most resistant to decontamination. Hair treated by dying incorporated externally applied drugs differently, depending on the hair type. Thick black hair became more absorbent whereas thin brown hair became less absorbent. Kinetic wash criteria are evaluated for their ability/inability to determine if hair has been contaminated from external sources. A theoretical framework for the incorporation and removal of drugs from hair is discussed, and the hypothesis that inaccessible domains exist in hair which trap drugs is critically examined. The results presented in this paper strongly suggest that much more information on the decontamination of hair and the differentiation of exogenously and endogenously incorporated drugs is needed before hair analysis can be employed in most forensic applications. We propose that the radioactive tracer methods discussed herein are well suited for evaluating any new decontamination or extraction technique.     

Libertad de expresión y discurso homofóbico en méxico: ¿es correcta la teoría constitucional de la suprema corte?

The article discusses a recent decision by the Mexican Supreme Court whereby damage resulting from the use of discriminatory language may in certain cases appropriately counterweight freedom of speech. The ruling expresses thesis at three different levels, all of them relevant from the viewpoint of constitutional theory. First, it expresses a vision of the kind of exercise the Court should deploy when reviewing sentences in amparo: it is a maximizing vision that the author considers to be fundamentally correct. At a second and third level, with different degrees of specificity, it proposes a particular constitutional reading for the revision of the case at hand. On this count and given the relevant historic-constitutional context, the article celebrates the Court's willingness to counterweight free speech with antidiscrimination-based considerations, though in terms of the sub-rules of decision used to pin down the general reading it identifies both successes and failures.     

High rates of prosecution and conviction in China: The use of passive coping strategies

This article demonstrates that the passive coping strategies utilized among Chinese police, prosecutors and judges could partly account for the high rates of prosecution and conviction in China. Passive coping strategies are defined as inactive tactics employed to avoid disagreements and conflicts among people or institutions. After a brief introduction, a review of the relevant statistic rates is offered, which indicates that both the prosecution and conviction rates remain persistently high. Next, an outline and evaluation of the formal intra-institutional relationships between the criminal authorities are offered. After that, a detailed account of the application of case dismissal tactics, a type of passive coping strategy, to the legal decision-making process is demonstrated. Finally, this article concludes with a discussion of the pros and cons of the use of passive coping strategies in the decisions to prosecute and convict, and offers some legislative recommendations.     

Privacy protection as a case study in personal rights protection in Israeli law

Personality rights, by nature, reflect the culture and values of society. Thus, it is interesting to look back on the road that Israeli law has traveled since the early 1980s, when the right to privacy as such had no trace of protection in Israeli private law, through to the present, when it is protected by both the Protection of Privacy Law and the Basic Law: Human Dignity and Liberty. Current Israeli case law, which shows that the balance between privacy and free speech in cases of publication of private information leans toward privacy, can be partially explained by historical, religious and cultural reasons. The increased privacy litigation in Israel forms part of an ever-growing protection of other personality rights in Israeli law, thus serving as a good example of this expanding trend.     

Deleuze and the liberal tradition: normativity,freedom and judgement

This paper is a critical review article of Paul Patton's book, Deleuze and the Political , and analyzes the relationship between Deleuze and the 'liberal' tradition of political philosophy. It focuses on three concepts drawn from the liberal tradition - normativity, freedom and judgment - and in each case shows how these concepts are capable of being transformed in light of Deleuze's philosophy. For Deleuze, a truly 'normative' principle must be a principle of creation as well as critique: it must not only provide norms for condemning abuses of power, but also a means for transforming norms that have themselves become abuses of power. From a Deleuzian perspective, the normative is thus seen as the condition for the production of the new. The liberal notion of 'negative freedom' in turn finds itself transformed into the stronger notion of 'critical freedom' (Tully), which entails the freedom to critique and create, to transform (and not merely pursue) one's own interest and desires. This entails, finally, an exercise of a kind of judgement outside pre-existing rules or norms that would be truly creative of the new (e.g. the production of new rights). A concluding section of the concept of the 'social imaginary’ shows how Deleuze's work might contribute to a transformation and rejuvenation of the liberal tradition itself.     

Privacy,anonymity and liability: Will anonymous communicators have the last laugh?

In this paper, the author sets out the way in which the UK approach to privacy protection is able to extend its reach to anonymous postings. Whilst anonymity might sometimes be seen as one of the essential characteristics of communicating on-line, it does not provide an impenetrable veil of protection in respect of a privacy violation claim. Instead, there are avenues available to identify anonymous communicators, which have implications both for internet freedom and jurisdiction in cyberspace. In the UK, our common law has not denied bloggers, or other on-line contributors, anonymity per se. However, it will be argued that recent UK judgments represent a warning to anonymous communicators that they can be held liable for what they post on-line and that naivety is no defence at law. Whilst on-line platforms allow people to effectively become journalists; to become publishers, as familiar users, they should become more aware of the consequences of their on-line postings and appreciate that they will not be able to escape from the application of third party disclosure orders. However, as these are not without their problems, it is possible that anonymous communicators may have the last laugh.     

Otherness in the Pratyabhijñā philosophy

Idealism is the core of the Pratyabhijñã philosophy: the main goal of Utpaladeva (fl. c. 925–950 AD) and of his commentator Abhinavagupta (fl. c. 975–1025 AD) is to establish that nothing exists outside of consciousness. In the course of their demonstration, these ?aiva philosophers endeavour to distinguish their idealism from that of a rival system, the Buddhist Vijñānavāda. This article aims at examining the concept of otherness (paratva) as it is presented in the Pratyabhijñā philosophy in contrast with that of the Vijñānavādins’. Although, according to the Pratyabhijñā, the other subjects are not ultimately real since all subjects are nothing but limited manifestations of a single absolute subject, the fact that we are aware of their existence in the practical world has to be accounted for. The Vijñānavādins explain it by arguing the we infer the others’ existence. The Pratyabhijñā philosophers, while refuting their opponents’ reasoning as it is expounded in Dharmakīrti’s Santānāntarasiddhi, develop a particulary original analysis of our awareness of the others, stating that this awareness is neither a perception (pratyak?a) nor an inference (anumāna), but rather a guess (ūha) in which we sense the others’ freedom (svātantrya).     

康德的法权哲学基础

康德的法权哲学思路是和他的三个《批判》所述一致的,“科学知识”要发现“自然(关系)”中的“必然性”,而“法权学”则是要在“人”的“关系”中发现“必然性”,也就是关于“法权”的“先天综合”何以可能的问题.“法权”问题又和《实践理性批判》里所论述的“自由”密切相关.“自由”的“限制”“关系”就《实践理性批判》所涉及的“道德”来说,“根据”在于一个“形式”的“应该”,而就现实的“国家-法律”来说,则是“自由者”之间的“法权”关系.“法权”“本体的所有”既“悬搁”又“范导”“现象的所有”.“自由者”在“人格-格位”“平等”基础上“限制”着各自的自由,由此而形成的“共同体”乃是“自由的共在”.