法律解释者的主体性如何安置?

法律解释者的主体性取决于作者、文本和读者等多种制约因素的互动。作者的权威性和体制性安排确保了文本的经典化和读者的信仰面向。文本权威的建立伴随着读者对作者权威的认同。读者在信仰作者和认同文本权威的方式之下去理解、解释和应用,反过来又强化了文本权威以及对作者的信仰。法律解释者主体性的妥当安置,应吸收后现代解释学的合理成分,反对其过度的诠释;应借鉴圣经解释学"解经"和"释经"的二过程法,适当回归古典解释学。     

论法律现代性危机的解决理论

在晚期资本主义时期,出现了法律的现代性危机.它一方面是现代资本主义发生危机的一种理论上的反映,同时也是对即将来临的信息社会、后现代社会的一种观念上的建构.面对法律现代性出现的危机,西方法律学者们从不同的关注点出发,提出不同的解决办法.而西方出现的法律现代性危机对我国的法制现代化进程同样具有重要的启示意义,如何在法制现代化进程中避免法律的现代性危机,开辟一条适合中国的法制之路,是每个中国法律学者都不能不思考的现实问题.     

Jewish joke telling in Muttersprache Mameloschn: performing queer intervention on the German stage

This essay explores the central role of Jewish joke telling in Sasha Marianna Salzmann’s play Muttersprache Mameloschn (first performed in 2012). Subversively revealing the problematic of essentializing cultural, national, and even sexual identity, Jewish joke telling figures as a performance of social and political resistance and disidentification in this play. Engaging with Jack Halberstam’s queer epistemology of failure and José Esteban Muñoz’s theory of queer disidentification, I propose that the act of Jewish joke telling by a young lesbian plays out as a new queer project of intervention in this play that confronts both antisemitism and culturally positioned sexual hegemony.     

后现代思潮与叙事心理学

后现代思潮对科学主义在社会科学研究中霸主地位的否定,引起了包括心理学、人类学等有关学科在内的“叙事革命”。作为心理学领域内革命成果的叙事心理学,实质上体现了一种新的研究范式。它比起传统的心理学研究范式自有深刻之处。叙事以其建构意义、追寻价值、创造生活的独特性,将使心理学在为解决人的现实心理问题、提高人的生活质量服务的追求中发挥重要作用。     

后现代理论及其对中国刑事政策选择的可能意义

后现代理论对中国刑事政策的选择是有其意义的 ,可以说 ,它为中国的刑事政策选择提供了新的分析视角与切入点。后现代理论认为 ,世界应当是多元的 ,“他者”不是天生的而是被建构的。这些观点对我们检讨并确立中国的刑事政策应有所启迪 :应当警惕刑事政策对作为“他者”的少数人的可能霸权 ;刑事政策的选择应当体谅人性的弱点     

Of “other” histories and identities: partition novels from the Indian subcontinent

Ever since the Partition, novelists on either side of the India–Pakistan border have used fictional space imaginatively to formulate discourses on a humanistically-centred, multiplistically-defined Other identity, which writes itself into existence through the prism of the novelists’ contextual present. In this article, I will focus on three partition narratives: Salman Rushdie's Midnight's children (1980), Bapsi Sidhwa's Ice candy man (1988) and Amitav Ghosh's The shadow lines (1988). By employing different modes of knowledge, the novelists draw out the micro-history embedded within the historical event, and resonate the voice of the Other, a creation of partisan politics. Bapsi Sidhwa appears as a social historian who perceives the event through the eyes of an eight-year-old Parsi girl Lenny; Amitav Ghosh, akin to a modern historian, focuses on rigid and illusory territorial divisions from Thamma's (grandmother's) perspective; while Salman Rushdie emerges as a postmodern historian who draws attention to the ambiguity and opacity of both historical and fictional knowledge through Saleem Sinai, born on the day India won her independence. History, as it is perceived by the Other – each belonging to a different generation – is a palimpsest: it is always in a state of becoming, of being lived, evaluated and rewritten. Fiction, as it interprets the historical knowledge, fills in the fissures and absences between the history of the past and that of the present. The article will eventually study how fiction and history inform each other, and how the rhetoric of fiction and history together constitute a dialectical discourse on identity – mapped by borders – which sees a convergence of private and collective memories.     

Republican China: Chaos,Process, and Revolution*

A pivotal figure in the birth of Chinese cinema, Zheng Zhengqiu (鄭正秋 1889–1935) established an art of dramatic film integral to the creation of early Chinese motion pictures. His style incorporated unique cross-media perspectives, producing theatrical works fundamentally grounded in his experiences in graphic arts (illustrated news) and theater. This article focuses on crucial links between Zheng's films and his work for various illustrated newspapers, as well as between his stage plays and his own experience of family life. The author offers new approaches to and interpretations of Zheng's art, analyzing his emotional modes of narrative and provocative forms of engagement. These artistic traits are rarely discussed in contemporary scholarship on his contributions to Chinese cinema. Emerging during the 1911 Revolution, Zheng's sensational style of drama aimed to foster broad social and cultural reforms. For Zheng, art was never for art's sake alone; instead, art was always in the service of society.     

The sublime and the cultures of the extreme: An exploration

Abstract

The article traces the relationship between the concept of the traditional sublime and the contemporary cultures of the extreme and their fascination with unlimitation. It is asked to what degree the aesthetic category of the sublime, generally defined as a ‘formlessness’, can assist in exploring and making sense of the cultures of the extreme. The cultures of the extreme are analysed by means of three tropes, namely the ecstasy of speed, the immersion into immediacy, and the shrinking of the natural landscape. By utilising these three tropes or hermeneutical tools, the author attempts to show how these events typify the contemporary obsession with extremes, and can indeed be likened to a pseudo-sublime or kitsch sublime.     

Postmodern Jurisprudence: Contesting Genres

It has become a common place of contemporary legal theory, particularly postmodernist legal theory, to reject modernist jurisprudence’s assumption of law’s disciplinary autonomy. Within this enthusiasm for interdisciplinary approaches to law, what is less common is detailed analysis of precisely how interdisciplinarity is figured, rhetorically and epistemologically, in the discourse of contemporary legal theory. It is with a view to detailed analysis of this kind that this paper emerges. Its aim is to explore in detail how interdisciplinarity might be figured, and with what consequences, in the jurisprudence of postmodernity. The particular site of this exploration will be Costas Douzinas and Ronnie Warrington with Shaun McVeigh’s Postmodern Jurisprudence: the Law of Text in the Texts of law. Published in 1991, this text remains widely influential – it has become a contemporary classic in its genre. It is not the intention of this paper, however, to represent this text as exemplary. Rather, this paper intends to read this text in its particularity, to focus on its particular vision of postmodern jurisprudence. Specifically, this paper argues that Postmodern Jurisprudence figures interdisciplinarity in terms of genre; and that this understanding of interdisciplinarity is problematised by the unacknowledged contradictions between the different conceptions of genre – one associated with Jacques Derrida and the other associated with Jean-François Lyotard – which the text invokes. This paper argues that the project of postmodern jurisprudence – as title and as label – appears rather differently if it is imagined, on the one hand (following Derrida) according to the logic of the passe-partout and, on the other hand (following Lyotard), according to the logic of the differend. The paper concludes that this internal tension should at least give us pause for thought when approaching the complex phenomenon of interdisciplinarity in postmodern legal scholarship more generally.     

后现代叙事文本的三大特征——从塞林格的《麦田里的守望者》谈起

美国作家塞林格发表于 1 95 1年的代表作《麦田里的守望者》在语言形式、叙述视角、叙述方式等方面体现了后现代叙事文本的三大特征 :他用“低俗”的语言消融了高雅文化与通俗文化的界限 ;从独特的青少年的视角来观察世界 ,打破了权力话语和传统的美学观念 ;以非人格化叙述的“无言”搁置了真理和终极意义。塞林格的创作极大地影响了二十世纪下半期西方后现代文学创作的发展 ,是后现代叙事文本的经典之作