论边沁的女权思想

长期以来,国内学界一直将边沁看作是一位法律改革家、功利主义哲学家,然而被大家忽略的是他还是一位杰出的女权主义者.虽然他没有关于女权的专著,但从他大量的著作中,我们能够归纳出他关于女权的思想.边沁主要从两个方面揭露和批判了法律上关于妇女的广泛的不平等,论述了他的女权思想:一是关于妇女的政治自由,即授予妇女选举权的问题,二是妇女的个人自由,即关于妇女婚姻权的问题.     

边沁功利主义的难题：个人与社会之间

本文以《道德与立法原理导论》这样一部经典著作的分析理路为线索,讨论了边沁功利主义的两重面向：个人与社会。在考察了国内诸多学者的相关观点的基础上,着重梳理了以下三个重要问题：两者之间的“始源问题”、“和谐问题”和“个人行动的指引问题”,并在此基础上提出了我们的观点。     

The international rule of law

ABSTRACT

The rule of law is a moral ideal that protects distinctive legal values such as generality, equality before the law, the independence of courts, and due process rights. I argue that one of the main goals of an international rule of the law is the protection of individual and state autonomy from the arbitrary interference of international institutions, and that the best way to codify this protection is through constitutional rules restraining the reach of international law into the internal affairs of a state. State autonomy does not have any intrinsic value or moral status of its own. Its value is derivative, resulting from the role it plays as the most efficient means of protecting autonomy for individuals and groups. Therefore, the goal of protecting state autonomy form the encroachment of international law will have to be constrained by, and balanced against the more fundamental goal of an international rule of law, the protection of the autonomy of individual persons, best realized through the entrenchment of basic human rights.     

Why the EHRC Report into Anti‐Semitism in the Labour Party is About so much More than Anti‐Semitism in the Labour Party—A Personal View

The Equalities and Human Rights Commission (EHCR) investigation into anti‐semitism in the Labour Party, the virtual disavowal of the report by Jeremy Corbyn, his subsequent suspension from and then reinstatement to the party and then his exclusion from the Parliamentary Labour Party, raise issues far wider than just the EHRC’s legalistic and limited investigation.     

Posner,Bentham and the rule of economy

Law and economics is a prominent but understudied discourse of liberal government. This essay examines the work of Richard Posner, with special attention to his rediscovery of Jeremy Bentham as a founder of law and economics. Posner's new reading of Bentham accurately identifies Bentham as a fellow anti-juridical theorist of government and a fellow believer in the rule of economy. But Bentham's economy makes room for a range of disciplinary appropriations, and Posner's does not. Posner's economy is entirely defined and exhausted by a particular economic doctrine. The essay suggests that civil society has been over-emphasized in the literature contrasting classical and contemporary liberalism. Instead, it turns attention to a common understanding of law as a non-autonomous and flexible tactic of economic government and to the role of the various sciences that can inform it.     

Transparency: from Bentham’s inventory of virtuous effects to contemporary evidence-based scepticism

There is growing enthusiasm for transparency in public affairs. Discourses idealising the value of transparency are part of the rhetoric of advocates of ‘good governance’. However, there is little discussion of the justifications for transparency. The view that transparency underpins legitimacy is similar to that of the advocates for ‘publicity’ in the initial era of representative government, when transparency (or publicity) became a crucial issue in political debates. This article identifies the intellectual roots of claims for transparency through a retrospective examination of the initial pleas in its favour. It concentrates on Jeremy Bentham, who provided an extended inventory of reasons for publicity. We examine Bentham’s major arguments and how they are currently analysed. We conclude that the virtuous effects of transparency are today qualified by criticisms in scholarly work which emphasise the possible costs and perverse effects of the search for transparency or demonstrate that it may fail to deliver the expected benefits.     

Public Opinion and the Depth of Labour's Crisis

Labour's current problems are the culmination of long‐term trends flowing from the rising cost of tax‐funded services and welfare and voters’ mounting resistance to higher taxes to pay for them. As a result of this, there is now a big gulf between the attitudes of Labour party members, and in particular the supporters of Jeremy Corbyn, and Labour voters—and an even wider gulf with the extra voters Labour needs to win a future election. This gulf is also wide in relation to a range of other issues, including immigration, education and economic ideology. For Labour to return to government, it needs not just to narrow the gulf in policy, but to persuade voters of its ‘valence’ virtues of trust and competence—qualities in relation to which Labour currently lags the Conservatives by large margins.     

Some Lessons of the SDP for Labour's Present Predicament

Jeremy Corbyn's election and re‐election as Labour leader, together with the emergence of a new Conservative Prime Minister committed to Brexit, has led to renewed speculation about the possibility of a new party appealing to the ‘politically homeless’ in the centre and centre‐left of British politics. This article draws lessons from the SDP experience in the early 1980s. Are the structural conditions more favourable to the progressive centre‐left now than they were then? Is there the sociological, electoral and ideological space for a new party? Does first past the post remain an insuperable barrier to an electoral breakthrough? From whom and in what circumstances might the leadership for a new party come? For all the depth of Labour's current problems, a new party seems an unlikely immediate prospect. In 1981, the SDP made a major miscalculation about the irreversibility of Labour's decline. However, the process of fragmentation in British politics seems set to continue.