无人武器变革及其对非对称安全关系的影响

新军事变革以来,无人武器在作战体系中发挥越来越显著的作用,得到各国的高度重视。历经百年演进,无人武器已具备侦察跟踪、试探诱骗、精确打击和支援保障四大功能。现有无人武器存在依赖遥控和自主水平低下等问题,这是制约其军事潜力发挥的主要瓶颈。未来,“网络式自主化”将成为无人武器变革的突破方向,带来“全体系”“广覆盖”“快反应”和“强协同”四大优势。叠加无人武器“零伤亡”特性所蕴含的政治影响力,弱者基于“抵消与杀伤”策略的抗争能力将受到质变挑战,同时原有差距会发生量变增大。假如缺乏科技和政治上的有力制衡,在技术垄断与社会变迁的双重影响下,非对称安全关系发生恶性演变的风险将显著增加。在“市场化战争”中,伤亡成本降低导致强权政治缺乏约束,低风险优势鼓励政客做出冒险决策,战争伦理的沦丧扭曲公众对非对称战争的认知,而弱者的极限求生手段还可能造成核扩散等“次生危害”。在西方主导的军备控制合作逐渐式微的背景下,中国需要以总体设计统筹无人武器的研发与实践,积极开发反制技术,并争取主导相关军控提议。     

行政行为无效理论探讨

行政行为无效理论是行政行为理论中的一个重要问题。它是一个具有特定内涵的范畴,其存在的理论依据是行政行为公定力的有限性,并以公民权利抵制行政权力为它的价值背景。可以通过对行政行为无效的界定、其法理基础及其价值目标的探讨,来说明行政行为无效理论在行政法中的重要地位。     

Bearing Witness: Methods for Researching Oppression and Resistance—A Textbook for Critical Research

This paper forecasts a “fictional” methods textbook for researchers interested in studying social oppression and resistance. The volume moves between historic and contemporary writings on methods, with particular interest in questions of objectivity and subjectivity, history and psychology, relations among units of analysis, expert and construct validity, and the ever-thorny ambition of generalizability. Crafted with inspiration from Kurt Lewin, Carolyn Payton, Ignacio Martín-Baró, and many contemporary critical writers, the book is designed to provoke conversations about social research, asking—For what? With whom? and If not now, when? The essay is written to incite a re-membering, and re-thinking, of critical methods for the social psychological study of oppression and resistance.     

Conflicts of preferences and domestic constraints: understanding reform failure in liberal state-building and democracy promotion

This paper challenges the common explanations that failures of external state-building and democracy promotion are the result of a lack of domestic capacity or a lack of domestic willingness against an externally set liberal agenda of state-building and democratisation. Studying political decision-making on a micro-level, we argue that both explanations fail to capture the multi-faceted motivations and interests of domestic actors that go beyond mere ‘resistance’ against externally induced liberal reforms. Rather, criticism of reforms might be rooted in ideas of social justice and claims to socio-economic security. Furthermore, these explanations tend to overlook the need for domestic elites to bargain with various domestic stakeholders. A case study of Croatian public administration reform illustrates that failure of externally promoted reforms remain an option when significant international resources are available for liberal state-building and the target of reform is a relatively mature bureaucracy.     

Strategic competence and agency: individuals overcoming barriers to change in South African higher education

Social relations, institutional arrangements and cultures bequeathed by South Africa’s system of apartheid continue be felt in the present despite the country’s formal transition to democracy 25 years ago. Race, class and gender inequities continue to structure South African society in ways that have proven intransigent to change, leading to growing frustration and widespread public dissatisfaction expressed in multiple arenas including worker strikes, service delivery and university student protests. While it is clear that social structures inherited from the past are difficult to change, it is also the case that change does happen. In this paper, we discuss the findings of a hermeneutic phenomenological study with 10 academics at one historically White university in South Africa, who have been agents of change within their particular context. We show how participants engaged in struggles to counter resistance to their efforts. In doing so they demonstrate what we call ‘strategic competence’ – the ability to act in ways that not only draw on personal resources but recognise the resources, contradictions and opportunities offered within the existing limitations of the social structure. Strategic competence thus emerges as a central feature of agency, enabling individuals to stretch the boundaries of what is possible.     

In Search of Alternatives: The Making of Grassroots Politics and Power in Argentina

This article analyses ethnographically the reconfigurations of the state and relations of power through their dynamic interactions with subaltern alternatives that emerged in the 2001 uprising in Argentina. In this regard, it counters influential interpretations of these events articulated within John Holloway’s framework of ‘anti‐power’, which ignores the reconstruction of the state, and rank and file trade unionism. The article concludes that intensified class and political struggles in the region offer new spaces for contesting hegemonic reinventions of populism and ‘top‐down’ socialism in Latin America.     

正当业务行为概念辨析

正当业务行为概念是正当业务行为理论研究的基础和前提。界定正当业务行为的概念，应当综合考虑其法律归属、行为属性和规范要素。本文重新审视并界定了正当业务行为的概念，揭示了其基本特征。     

略论酌定情节法定化——以最高人民法院《关于依法做好抗震救灾期间审判工作切实维护灾区社会稳定的通知》为切入点

最高人民法院《关于依法做好抗震救灾期间审判工作切实维护灾区社会稳定的通知》实质是对酌定情节的具体运用。为使我国的最高司法机关从几乎事事解释、案案指示的费心劳力工作中解脱出来,且最大限度地制掣法官刑事自由裁量权之行使,最大限度实现刑事个案正义,我国的刑事立法应参酌域外刑事立法,将较为成熟的酌定情节予以法定化、明晰化。     

“A Bureaucratic Trap:” Free,Prior and Informed Consent (FPIC) and Wind Energy Development in Juchitán,Mexico

ABSTRACT

On November 2014, the first Free, Prior and Informed Consent (FPIC) consultation was called for the Eólica del Sur wind project in Juchitán de Zaragoza, Mexico. Lasting eight months, the consultation was responding not only to the UN International Labor Organization’s (ILO) convention 169 that Mexico signed in 1990 but also to widespread uprisings against wind energy projects in the region. This article begins with an FPIC literature review, followed by sections examining the consultation in Juchitán, its spatial layout, the actors involved and its repressive atmosphere. The subsequent section analyzes the discursive techniques deployed by the FPIC technical committee (TC) which—despite unanswered questions and popular opposition to the wind energy project—granted project approval on 30 June 2015. The final section concludes that the FPIC consultation undermines Indigenous autonomy and serves as a counter-insurrectionary device, reinforcing a context of substantial political and economic asymmetry between state, corporate and elite interest and Indigenous fishermen and farmers. The FPIC consultation in Juchitán reinforced state power and simultaneously serves as a marketing platform for development projects, thereby creating an illusion of real dialogue, negotiation and, by extension, democratic decision making. Despite efforts to have the wind project approved, resistance groups’ temporarily halted construction.     

Disconnection and resistance: anti-terrorism and citizenship in the UK

The corroding impacts of anti-terrorism measures on citizenship have been much discussed in recent years. Drawing on qualitative research from the UK, this article argues that citizens do indeed frequently feel that aspects of citizenship – such as rights, duties, identity claims and the ability to participate in the public sphere – have been significantly dampened by developments in this policy area. At the same time, however, participants in our research also articulated a number of strategies through which they or others have sought to resist the logics, exercise and impacts of anti-terrorism powers. These included voicing explicit opposition to particular measures, resisting ‘outsider’ or ‘victim’ subject positions, and a refusal to withdraw from established forms of political engagement. Whilst such resistance should not be overstated, we argue that these strategies emphasise the co-constitutive rather than linear relationship between public policy and citizenship. Anti-terrorism powers do indeed impact upon citizenship claims, for instance in the curtailment of formal rights. Equally, the everyday, lived, experiences and practices of citizenship contribute to, and help shape, the perceptions and understandings of anti-terrorism policy from within the citizenry