Capital punishment, criminals and enemies

Right of life and life are different concept. The former is endowed w by state beforehand, which is proved through his behavior that he is deserved to own the right of life. The one who thoroughly offend the basic norm in the law is the enemy of our realistic world. If only the enemy still have danger to threaten the society, he should be executed to death penalty, and deprived of his life, but will not happen the problem of miscarriage of justice and inhumanity. The criminal’s behavior just only denies part of norm in the law, however, who still is mankind and should possess of mankind’s dignity, so we must abolish death penalty on them, miscarriage of justice is another reason of course. __________ Translated from Peking University Law Journal, 2005(5) (in Chinese) by Mi Zhibin     

论战后日本谋求成为“普通国家”的方略

二战结束后,日本为争取成为"普通国家",一直试图修改"和平宪法"第九条,以拥有对外战争的权力,努力删除联合国宪章中的"敌国条款",摘掉"战败国"的帽子,并力图成为联合国安理会常任理事国。但日本能否成为"普通国家",关键在于日本能否反省侵略历史以取得亚洲邻国的信任。     

The Mujahideen in Bosnia: the foreign fighter as cosmopolitan citizen and/or terrorist

This article explores the idea of the Mujahideen in Bosnia as ‘cosmopolitan citizens’. During the Balkan War in the early 1990s, these foreign fighters flocked to Bosnia in order to take up arms alongside those whom they understood to be their besieged Muslim brethren. Although this act of transborder mobilization can be framed as an act of cosmopolitan citizenship, the subsequent ‘problem’ of the Mujahideen in a post-9/11 context destabilized their original cosmopolitan act through a re-enactment of borders and the revocation of their (literal) citizenship. Within the larger post-9/11 narrative, where the Mujahideen must necessarily be understood as terrorists/potential terrorists, they are an interesting point of study in an examination of what can be seen as the sinister side of transnational citizenship, and they expose what Appadurai (A. Appadurai, 2006. Fear of small numbers: an essay on the geography of anger. Durham: Duke University Press.) calls our ‘fear of small numbers’. Particularly compelling is that the post-9/11 Mujahid is an unsympathetic figure, and is always already a questionable candidate for ‘citizenship’ as it is commonly understood. Furthermore, his (sic) original ‘cosmopolitan’ act suggests that, although the ‘cosmopolitan ideal’ is the achievement of a citizenship that transcends or escapes borders, the cosmopolitical must nevertheless be assigned value in order to be ethically intelligible.     

(Im)possible citizens: Canada's ‘citizenship bonanza’ and its boundaries

This article discusses a recent amendment to the Canadian Citizenship Act, which retroactively restores or gives Canadian citizenship to ‘hundreds of thousands of unsuspecting foreigners, most of them Americans’ (P. Dvorak, 2009. Canada issues a wake-up call: you may be a citizen. The Wall Street Journal, 17 April. Available from: http://online.wsj.com/article/SB123993183347727843.html) while also restricting the inheritance of Canadian citizenship to the first-generation born abroad. Aiming to redress past discriminations based on gender, marital status and dual citizenship while simultaneously curtailing modern citizenship's dubious ius sanguinis provision, the new law might be interpreted as perpetuating Canada's reputation as a world leader in interethnic relations and human rights. A contextual analysis of the new law, by contrast, shows that the opposite is the case: the boundaries that are being drawn by Canada's new citizenship regime follow the now common trend of re-ethnicization and securitization. Specifically, they conflate kinship and Whiteness, thereby leading, on the one hand, to the construction of possible citizens whose authenticity and loyalty to the nation are unquestioned. On the other hand, within the logic of the new laws and their surrounding discourses, non-White, non-Christian ‘impossible citizens’ emerge, whose lack of loyalty and instrumental use of their Canadian passport are said to be eroding the value of citizenship from within.     

A question of species Astonishment at the beginning of the human being

The decoding of the human genome, aswell as current research on human stem cellsand early embryos, demands new legal andpolitical definitions of the human species.Both the act of limiting research on humanembryos, because they are themselves human, orthe act of permitting such research since theyare not human at all, entail a very newdefinition of the human species. Where politicsis confronted with the task of defining theessence and the anthropos of the human beingand of transforming this definition intolegitimated social actions, we must admit of anincrease in civil procedures. This debate isconstantly pushing at the borders of thedefinition of `humanness'; borders which bothlimit its definition and scope. The biosciencesnot only transgress such borders but alsosubstantially damage them; concerned subjectscannot proceed against such violations of theborders of `humanness'. The transposition of adistinct non-human life form into a human oneis endangering the human being as a distinctspecies. In this case, however, Carl Schmitt'stheory of politics, as an opposition to theenemy, becomes relevant to the human organismitself as it is challenged by the appearance ofnon-human forms of life within it.     

敌人刑法:一个反击恐怖犯罪的新视角

敌人刑法是雅科布斯提出的针对某些特殊危险犯罪的新理论。敌人刑法与市民刑法相对,它以规范适用论为基础,主张对从根本和原则上破坏社会秩序的人视为"敌人",对该类人员应当予以实施特别处遇。敌人刑法理论与政治斗争无关,并不违反法治国原则。在新的历史条件下,敌人刑法理论为我国乃至全世界的反恐斗争提供了理论支撑,具有重要的借鉴意义。     

浅析“外族敌人”形象在俄罗斯文化中形成的心理机制

受人类文化心理机制影响,＂自己—异己＂对立思维模式中的异己形象在社会群体间的对立与冲突中,往往会演变为敌人形象。＂外族敌人＂是俄罗斯文化中的一个重要概念,它在社会转型时期成为加强民族认同的重要因素,反映了俄罗斯民族的独特心理特征。     

对话敌人刑法

雅科布斯教授在世纪之交提出了一个让世人震惊的观点:刑法应该把某些人当作敌人来对待!该理论自露面伊始便饱受诟病,怀疑者们几乎从所有可以想象的角度提出了批评。但是,剔除直觉和感性的因素,敌人刑法理论实际上向我们展示的是一幅更清晰、更理性的生活画卷。业已存在的实在法规范共同体如果想要更富有活力地、更健康地持续存在下去,采纳敌人刑法的主张将是相当现实的选择。     

"9·11"后布什政府对"敌人"的建构

“9·11”恐怖主义袭击带来的最迫切需要是识别出美国的敌人。对敌人的建构包括两个方面,即对敌人的抽象化与非人化,对自身国家的拟人化。本文考察了布什政府在“9·11”后对其“敌人”的建构,认为其努力既有成功之处,也有失败之处。它成功地塑造了敌人“邪恶”和自身“善”的形象,但这只会是短期的成功。由于恐怖主义的性质,美国又不得不将敌人具体化、扩大化,从而导致了美国在“9·11”后建构“敌人”的长期失败。     

The prince of darkness and the evil empire: Richard Perle,the Soviet Union,and U.S. arms control policy

This paper consists of three parts. First, it investigates the rationality assumption behind much deterrence theorizing and arrives at the conclusion that the rationality assumption is not fully compatible with credible retaliation. Moreover, the requirements of central deterrence and of extended deterrence tend to be incompatible with each other. Since theoretical deliberations call the persisting reliability of deterrence into question, alternatives to deterrence have to be considered. The second part of the paper therefore investigates strategic defense as an improvement over deterrence and a possibly stabilizing element in deterrence. The final part refers to conceivable conflicts of interests between the USA and Western Europe concerning SDI. It is argued that such conflicts of interest either arise from parochial concerns or from overlooking the comparative advantages of free and totalitarian systems in the production of military power.