试论和平发展背景下的两岸共同治理

2008年5月20日以来,台湾问题出现历史性转折,两岸关系迎来了和平发展的机遇期。但是,两岸政治上的歧见并没有因此得到根本上的解决,两岸经济、社会、文化差异仍然很大。如何把握难得的历史机遇期,在求同存异的基础上共同面对和平发展进程中出现的困难和问题,我们必须未雨绸缪。为此,两岸民间社会需要重建人民之间共同的知识基础,两岸行政部门需要谋划与两岸民间往来相关的共同规则,两岸最高公权力部门则需要研究双方和平共存的法理依据问题。根据两岸关系的特殊性,笔者主张区分政治与行政两个不同层面的事务,并借鉴西方的公共治理理念,双方公权力部门可主动地进行适度的战略收缩,让两岸民间社会的力量进一步释放出来,成为引导和推动两岸和平发展新的力量,成为两岸公权力部门合理有效的补充。     

马英九“软实力”思想评析

在马英九以大陆为主要对象的“国家安全政策”中,“软实力”是一个十分重要的概念。他企图以政治价值观的漫洇,推动大陆民主化;以文化、教育理念的扩散,输出价值观;以“活路外交”塑造“民主台湾”、“文化台湾”的形象,最终达到对大陆实施“软制约”、“软制衡”的目标。虽然,由于岛内外种种原因的限制,马英九的“软实力”思想尚未对大陆产生明显的影响力,但这一切是在“没有硝烟的战场”上实施的,应引起我们足够的重视。     

The Totalisation of Human Social Practice: Open Marxists and Capitalist Social Relations, Foucauldians and Power Relations

This article critiques Open Marxism for an ontology which totalises human social practice—for Open Marxists, capitalist social relations are the singular constitutive source of human activity. Such a stance is superficially attractive yet ultimately inadequate, and I reinforce my case by demonstrating how other critical approaches—in this article, Foucauldian perspectives on power—suffer from similar deficiencies. Thus there is a need to resist the temptation of claiming to know how human social practice can be understood with recourse to a singular aspect (no matter how important) of such practice. I conclude that an excellent example of how to avoid such pitfalls is provided by Antonio Gramsci's writings, for they acknowledge the multifaceted yet nevertheless anchored existence lived by humans in capitalist societies.     

劳动关系研究英美模式比较——形成的回顾与20世纪80年代后的变化

美国和英国是劳动关系理论发源地,也是对劳动关系理论发展做出重大贡献的国家。他们为劳动关系研究提供了最基本的研究范式。由于两个国家工业化的道路不同,工会运动发展的路径不同,两国劳动关系的研究在研究范围、研究方法、学者和学科来源以及构成上都存在一定差异。     

劳动争议处理之我见

近年来,我国的劳动争议案件逐年增多,且呈现复杂化、群体化、涉外化等趋势.我国政府为了实现社会公正,走上了通过扩大劳动者个人的权利来解决劳动争议的路子,致使劳动者、企业单位、工会、行政权力以及法院在处理劳动争议过程中的职能、地位发生扭曲.所以必须关注并完善劳资双方的信用关系、工会的职能与地位、行政权力在劳动争议处理中的地位和权威、法院最后的司法救济,从深层次解决原来的处理体制"用其所短"的弊端,实现劳资关系的和谐.     

“We feel that our strength is on the factory floor”: Dualism,shop-floor power,and labor law reform in late apartheid South Africa

ABSTRACT

This article explores the transformation of South African labor relations during the 1980s. In 1979, prompted by new shop-floor militancy, the Wiehahn Commission recommended that black workers, previously excluded from state labor machinery, be permitted to join recognized trade unions. Most discussions of this shift in apartheid labor relations focus on the ensuing debate within the black unions, torn between preserving their independence or securing state legitimation. This article looks instead at the related debate about ‘levels of bargaining’: should emergent black unions demand to negotiate at the factory level, where they had secured shop-floor strength through organizing and democratic practice, or pursue the benefits of the corporatist bargaining structures that had long excluded them and had privileged white workers? The eventual drift towards corporatism, I argue, imprinted the character of the South African labor movement into the post-apartheid era. An understandable desire to wield influence at the level of the national political economy eroded the tradition of workers’ control, shop floor democracy, and struggle unionism that black unions had forged during the 1970s and 1980s.     

Labor radicalism and the local politics of Chinese exclusion: Mayor Jacob Weisbach and the Tacoma Chinese expulsion of 1885

ABSTRACT

The 1885 Chinese expulsion from Tacoma, Washington Territory highlights the importance of local political economy in shaping how a wider anti-Chinese movement played out in a particular community. Tacoma was a newly emerging city where white residents felt the threat of corporate domination in the form of the Northern Pacific Railroad. In this context, the city’s German immigrant mayor, Jacob Weisbach, could draw upon his longstanding labor radicalism to mobilize a broad anti-Chinese coalition that blurred the divide between white workers and the local business class. The result was the forceful removal of Chinese residents following a year-long campaign that culminated in mob action and became known as the ‘Tacoma Method’. This local violence in turn fed into ongoing national efforts to secure Chinese exclusion. Tacoma’s Chinese expulsion illustrates how radical labor traditions could be turned, under particular conditions, to the politics of racial repression even as the proponents of expulsion framed their efforts in terms of an egalitarian and democratic agenda. The participation of the Knights of Labor and other labor radicals in a politics exemplified by the Tacoma Method was accordingly tied to the larger racialized American state-building project as it unfolded in the late 19th Century.     

Wisconsin Institutionalism: John R. Commons and His Students

This paper seeks to provide a close examination of the nature and history of the institutional economics that developed at the University of Wisconsin. There has been a significant amount of work done on the thinking of John R. Commons, but much less on the history of Wisconsin institutionalism more generally. The paper proceeds through an examination of the development of the Department of Economics at Wisconsin from the time of the hiring of Richard T. Ely in 1892; the faculty hired to the Department from the early 1900s through to Commons's retirement in 1933; the program of instruction offered, particularly in the late 1920s when the full complement of institutionalist faculty were present; and the areas of study and later careers of Commons's graduate students. It is argued that although Ely played a role in the development of Wisconsin institutionalism, it was Commons who became the center of graduate student work, and that the Department only took on its decidedly institutionalist character after the hiring of Commons and a number of his students as faculty. The program of study in the late 1920s was very heavily institutionalist in character with Commons providing a core course on value and valuation, and a notable emphasis in the fields of public utilities, labor economics, and statistics. Very little instruction was provided in neoclassical theory. Many of Commons's students went on to notable careers in the academic world or public service or both. Wisconsin students were heavily involved in labor legislation issues, and in the development and administration of social security. But a number of Commons's students went into academic careers, and many produced large numbers of PhD students themselves. The decline of Wisconsin-style institutionalism after World War II was not, as has been suggested, a result of Commons's students moving largely into non-academic careers, but of many other factors, including the rise of Keynesian economics, and the migration of what had been much of Wisconsin institutionalism into new schools of industrial relations.     

Dismissal of strikers and industrial disputes: the 1985–1987 strike and mass sackings at Silentnight

The 1985–1987 dispute at Silentnight bed factories in the north of England was an exceptionally long and bitter strike, lasting for 20 months from June 1985 until February 1987. A total of 346 workers were sacked for taking part in the strike, which gained a high profile with remarkable levels of support and solidarity action, largely due to its emblematic status as an extreme example of punitive treatment of workers taking industrial action in the period immediately following the defeat of the miners in 1984/1985. Workers took lawful strike action in 1985 over the non-implementation of agreed pay rises and compulsory redundancies counter to an existing agreement between the firm and the union, with the company responding to the dispute with mass dismissals. Pickets were maintained at the two factories in question for nearly two years, with the strikers gaining wide-ranging support from across the labour movement, but the company stood firm against the dismissed strikers who were ultimately defeated. Based on archival research and interviews with participants in the strike, the article analyses in detail how the dispute was sustained for so long, the legal context and the weakness of legal protections for strikers in the period, and the widespread political mobilisation and networks of support and solidarity that arose around the strike and in opposition to the policies of the Conservative government of the day.     

我国企业劳动关系和谐指数评价指标之研究

从理论上讲,政府、企业和员工处于互信互利、相互配合、相互包容、共同发展的一种状态是劳动关系追求的和谐状态,这种和谐状态不是一种表面的感知,而是可以通过劳动关系和谐指数的主客观指标值来把它显现出来。劳动关系和谐指数评价体系从员工、企业、政府三个角度入手,对员工满意程度、企业法律法规的执行情况、政府目标任务的完成情况进行综合评价。构建理性的、科学的劳动关系和谐指数评价体系,对于我国构建和谐劳动关系、缓解劳资纠纷和用工紧张具有重要意义。