马基雅维利政体学说探究

意大利人文主义思想家马基雅维利以世俗、经验的眼光,基于实人性的深层分析,具体探讨了君主专制集权的必要性及其取胜和维持的手段,将统一意大利的使命赋予君主专制,后又分析了古罗马和国何以强盛的原因,指出政体循环的普遍规律,并把混合式共和政体作为理想的政体。     

European Monarchies: Guardians of Democracy?

How is it possible to account for the continuing presence of monarchy in advanced social democracies? Much traditional political science assumes teleologically that monarchies inevitably transform into republics as a higher form of governance. This comparative study of the eight main European monarchies maintains otherwise: monarchy is perfectly compatible with democracy, and can help strengthen citizens’ loyalty to the system of government. Provided it delivers a politically impartial head of state, monarchy can endure indefinitely with government and popular support. In practice, the countries studied are de facto republics, but with hereditary heads of state who occupy social roles beyond the reach of quotidian politics. Monarchy’s principal danger is not republicanism, but the pressures of conflicting expectations about what is required of royal families, and the relentless intrusions of modern media in an age when royalty and celebrity are in danger of being conflated. Responses to Covid-19 show how monarchs can speak to and for their nations in ways no partisan politician can.     

Alternatives to the constitution of Cádiz in New Spain: republicanism and the insurgent constitutional decree of Apatzingán (1814)

This article compares the Decreto Constitucional para la libertad de la América Mexicana, published in Apatzingán by the insurgents of New Spain in 1814, with the 1812 Constitution of Cádiz which established a constitutional monarchy in the Spanish Empire. It argues that the Decreto Constitucional cannot be understood as simply a product of Hispanic political thought and a reflection of the Cádiz text. Rather, it contends that the decree published in Apatzingán represents an alternative republican response to the dissolution of the Spanish monarchy. This alternate constitutional settlement drew on the debate of constitutional ideas that had taken place in New Spain since 1808 and was grounded in many of the same ideas as those present in the Pennsylvanian Constitution of 1776 and the first French republican constitutions of 1793 and 1795.     

西方古典共和主义的历史流变

作为西方历史与文化传统的重要组成部分,古典共和主义自古代希腊和罗马以来,其思想和实践不断得到丰富和发展,中世纪后期,形成了较为完整的古典共和主义理论,为近代共和主义的诞生乃至发展提供了理论和实践的基础。     

宪政建构的理性主义与经验主义

理性主义与经验主义作为一对互为对立的哲学概念,原旨在于探求认识与改造世界的途径和方法。试图通过理性主义与经验主义两种不同的法律视角来建构中国的宪政,并指出中国宪政建构所应采取的模式,所应具有的理念,以及如何从实证、经验的角度去实现宪政的长成与发展。     

The dispositions of ‘Good’ citizenship: Character,symbolic power and disinterest

Abstract

The problems of determining citizenly competence and finding an appropriate balance between public and private life have increasingly organized intellectual debate in civil society. Although civic republicans and liberals give different answers to these problems, they both claim that ‘character’ should be a necessary foundation for good citizenship. This article identifies a tension between character's analytical status as a category of explanation and its normative status as a moral category. Although most civic republicans and liberals recognize that the concept of character is socially constructed, the concept typically appears as a pre-political good whose social origins are hypostatized or forgotten. This article uses the sociological insights of Pierre Bourdieu in order to explain how character simultaneously appears as a social construct and as a moral good by exploring how the concept is mobilized by civic republicans and liberals as a solution to the problem of ‘good’ citizenship. The goal of the article is three-fold: first, to use Bourdieu's concepts of habitus, field and symbolic power to clarify the analytical and normative aspects of the concept of character and its relation to citizenship and civil society; second, to demonstrate how power shapes and conditions character formation in civil society; and third, to offer an account of the practical means by which character is promoted by civic republicans and liberals as a solution to the challenges facing civil society.     

论司法能动主义的基础

司法能动主义强调法官的能动性,认为法官可以超越成文法和先例的约束进行司法解释,以法官自己对宪法的理解来代替立法、行政机关的决定。司法能动主义有着深厚的理论与现实的基础,其法哲学基础是新原意主义,宪政基础是共和主义,而现实依据则包括法官自由裁量权、行政权的扩张、自治法向回应法的转变等。