泛传播与泛责任:新媒体环境下的人格权保护

web2.0时代的到来使新媒体"泛传播"的特征愈发明显,新的媒介技术使大众深度参与网络并成为互动主体。无边界的公共空间和自媒体的出现为网民提供了更广阔的言论空间,与此同时大量侵权现象的产生也对新媒体空间的有效规制提出了挑战,"泛传播"更应意味着"泛责任"。在新环境下,对于名誉权和隐私权的法律保护亦应适应这种变化,有效维护新媒介技术的充分利用和人格权保护的平衡。     

Kant and the critique of the ethics-first approach to politics

Abstract

Contemporary ‘realists’ attack the Kantian influence on political philosophy. A main charge is that Kantians fail to understand the specificity of politics and neglect to develop a ‘distinctively political thought’ that differs from moral philosophy. Instead, the critics say, Kantians are guilty of an ‘ethics-first approach to politics,’ in which political theory is a mere application of moral principles. But what does this ethics-first approach have to do with Kant himself? Very little. This article shows how Kant’s approach to political theory at a fundamental level includes political institutions, power, and coercion as well as disagreement, security, and coordination problems. In contrast to realists, Kant has a fundamental principle, which can explain why and guide how we ought to approach the political question, namely the norm of equal freedom. Yet, Kant’s theory does not take the form of a moralistic ought addressed to the isolated individual, but concerns a problem that we share as interdependent beings and that requires common institutions. The fruitfulness of the Kantian approach, then, is that it can take the political question seriously without being uncritical of actual politics and power, and that it can be normative without being moralistic.     

Disrupting civility: amateur intellectuals,international lawyers and TWAIL as praxis

Abstract

This paper is a reflection on the role of intellectuals in engaging with Palestinian solidarity movements and liberation discourses, and on the place of international lawyers specifically within that context. The paper considers ‘the question of Palestine’ as a rigorous test for intellectuals in the Global North today, and examines particular debates over free speech, civility and balance that unfolded in the wake of Israel’s 2014 war on Gaza. It considers the interventions of international lawyers in these debates with reference to Edward Said’s ‘amateur’ and ‘professional’ intellectuals, and explores ways in which anti-colonial international lawyers (as amateur intellectuals) can transcend prevailing professional orthodoxies to deploy language, arguments or tactics that rupture liberal legal processes and narratives on Palestine.     

学术自由的宪法权利属性

关于学术自由 ,中外学界有理性主义真理观说、为了人类福祉说、宽容说、出版自由说及思想自由、良心自由、精神与信仰自由说等。学术自由权应是精神自由权 ,具有非政治性和消极否定性。     

The Ambiguity of Love: Beauvoir,Honneth and Arendt on the Relation Between Recognition,Power and Violence

The paper sketches out an account of ambiguous and agonistic love by drawing on the work of Simone de Beauvoir, Axel Honneth and Hannah Arendt. To begin with, I reconstruct the ambiguity of love within the conceptual framework of a paradigm of recognition. I argue further that the social relation of love, understood as an intertwine between dependence and independence, entails a power dynamic. Insofar as the dynamic actualises as “power in concert” or “power with”, namely as mutual empowerment, love unfolds as free love. Finally, I show how agonistic love is damaged by turning into violent domination.     

COW PROTECTION AND MINORITY RIGHTS IN INDIA: REASSESSING RELIGIOUS FREEDOM

Recent efforts to prevent cow-slaughter in India have prompted U.S. concern about violations of religious freedom. But although the politics of cow protection poses a significant threat to disadvantaged groups in India, efforts to ameliorate that threat through an international policy of religious freedom also carry serious risks. This paper reviews reports issued by the U.S. Department of State's Office of International Religious Freedom and by the U.S. Commission on International Religious Freedom. It argues that by unnecessarily portraying the politics of cow protection in terms of a stark conflict between Hindus and Muslims, they threaten to undermine the goal of reducing anti-minority discrimination and violence in India.     

A Weaker Union

正True love,freedom of choice and even wealth drive recent surge in divorce rate Wu Minqiang,70,has devoted a significant part of his life to providing free marriage counseling for couples considering a divorce.     

马克思主义哲学对资本主义商业文明的批判——兼论人的自由和解放思想

批判性是马克思主义哲学的基本特征,马克思主义哲学是将社会批判与自我批判有机融为一体的典范。就社会批判而言,马克思主义哲学的主要批判所向实质是资本主义商业文明,这种批判主要包括对劳动成为商品、劳动力商品化的批判,对资本的批判和对货币的批判。马克思主义哲学对资本主义商业文明的批判,对人的物化和异化的揭露,对我们深入理解和把握马克思关于人的自由和解放思想具有重要的意义。在我们发展市场经济的今天,坚持马克思主义哲学的批判精神无疑是十分必要的。     

The Cost of Terrorism: The Relationship Between International Terrorism and Democratic Governance

After Al Qaeda's destruction of the World Trade Center on 11 September 2001, many democracies reacted to the event, and to international terrorism in general, by passing laws restricting civil liberties and political rights, raising questions about the balance between security and liberty. Such laws have produced alarms among civil libertarians, worldwide. Are the alarms justified? In this article we analyze the relationship between the yearly number of international terrorist attacks in 24 countries from 1968–2003 and (a) measures of civil liberties and political rights as provided by Freedom House, and (b) levels of democracy as measured in the Polity IV scales. We take the number of international terrorist events, by country, from data provided by the Memorial Institute of the Prevention of Terrorism (MIPT) http://www.tkb.org/Home.jsp. Our analysis indicates that there is, generally, no relationship between the number of international terrorist events and the levels of civil rights, political rights, or democracy as measured by the Freedom House and Polity IV indicators. When there is a statistically significant relationship, it is negative, opposite to what is predicted by the tradeoff hypothesis.     

列宁对马克思主义暴力与自由关系思想的继承和发展

作为一个出色的理论家,列宁准确掌握了马克思主义科学社会主义的方法论要义,确立了马克思主义暴力与自由关系思想的基本内核,发展了马克思主义暴力与自由关系思想,指引世界范围内各被压迫民族和人民找到了争取自由和解放的正确道路,随后世界上涌现出一大批社会主义政权和国家。列宁在继承和发展马克思主义暴力与自由关系思想基础上,对第二国际的修正和叛卖进行了彻底批判,并领导建立了共产国际,用彻底的马克思主义暴力与自由关系思想武装各国工人阶级,指导国际工人解放事业取得历史性的巨大成就。