中国法学"现代化范式"之关系主义批判——评《中国法学向何处去》

邓正来教授试图凭借"中国法律理想图景"经由关系主义视角来探究和处理"应然"与"实然"、中国与西方、中华民族与世界结构的关系.然而,将关系主义批判的研究方法运用到中国法律哲学批判和建构这一研究对象上来的时候,邓正来可能会夸大一些问题,甚至可能遮蔽一些问题.我们必须在开放和厘清上述问题的基础上建构21世纪的中国法律哲学.     

Nation-building projects through new capitals: from St. Petersburg to Yerevan and Astana

The aim of this article is to provide a comprehensive explanation for the reasons behind governments’ decisions to relocate and build new capital cities. The process of capital-building is not a mere phenomenon of urbanization; rather it is a process of “text inventing” for nation-building projects. To emphasize implications for identity behind city constructions, the paper will discuss urbanization practices of Soviet Yerevan and post-Soviet Astana. However, to verify the validity and generalizability of the proposed argument, the article will also briefly provide historical analysis of relocation of capitals from Moscow to St. Petersburg, and from Istanbul to Ankara. The reconstruction of the capital of Soviet Armenia, Yerevan, in the 1920s is important in understanding the role of utopias in initiating identity transformations. The central conceptual premise of the article is Samuel Huntington’s theoretical concept of a “torn country” and the redefinition of civilizational identity. One reason capitals have been relocated and new capitals have been built throughout history is a need to initiate a long-term transformation of identity.     

Before Identity, Gender and Human Rights

This is the beginning of an exploration of before as the thesis ‘before’ (temporally) and ‘be-fore’ (spatially) difference. Before denotes the origin and the desired destination. Before (in the double sense of ‘before’ and ‚be-in-the-fore’) opens up a space of pre-difference, of origin and of forgotten memory, as well as a space of desire, objective, illusion of teleology, unity, completion. Applied to the two domains of Human Rights and Sex/Gender, the space of ‘before’ yields two slightly different vistas: in human rights, a premodern, functionally undifferentiated society which had to invent human rights as its safeguards of functional differentiation. In Sex/Gender, ‘before’ brings a self-referential construction: that of ipseity, as the form of identity beyond comparison that does not play with id but with ipsum. Ipseity is inoperable but not useless. It is inoperable because it cannot be observed from anywhere without suffering rupture. It is not useless because it offers a ground for the reconceptualisation of difference, both through awe and desire.     

The settlement utopia: brotherly love,discipline, and social critique

The Settlement movement, which originated in late nineteenth-century England, was a pioneer in bettering the conditions of the working poor. It pursued the utopian project of locating ‘settlements’ within poverty-ridden neighbourhoods where respectable students should meet slum dwellers on equal terms. This article explores the trajectory of the comparatively under-researched Danish offspring of the movement. It demonstrates the tempering and compromise that occurred when utopian ideals of ‘brotherly love’, ‘God’s Kingdom’, and ‘radical social change’ were realized in concrete social arrangements. Contradictions and ambiguities arose when utopian ideas were confronted with what could be done. The Settlement became a highly ambiguous space, a ‘heterotopia’. The roots of the contradictions cannot simply be identified in the external pressure of legal requirements and funding criteria represented by public welfare agencies. The contradictions can also be excavated from the Settlement’s own ideological doctrines and its historical development.     

Nostalgias

Abstract

This paper launches a thought experiment the aim of which is to recover and defend an idea of nostalgia as something other than merely maudlin yearning after the days of yore. Much critical comment on nostalgia, in everyday parlance and in academic debate, begins from the standpoint that the time longed for was never really as it is now, nostalgically, imagined. The force and validity of this jibe is admitted in this paper, but it argues that the concept of nostalgia can be reshaped and turned in quite different less reactive directions. A distinction between Nostalgia and nostalgias is coined in order to introduce a plural and critical version of nostalgic memory. The play of memory in nostalgias is exemplified through a focus on four topoi of experience which are strained, possibly even shattered, by the digitalisation and rationalisation of contemporary culture and society. Nostalgias of and for the body, nature, thought, and modernity itself are explored by comparison to themes of melancholy and utopia which arise in Frankfurt School critical theory as responses to a similarly perceived trauma and triumph of instrumental reason. I argue that ultimately the distinction between nostalgias and Nostalgia cannot be maintained - nostalgias are rather types or tropes of Nostalgia. However, through thinking Nostalgia along the lines of this neologism (nostalgias) we might come to see its dynamic and critical mnemonic potencies. Hence, the paper concludes that nostalgia ought not be simply contemned and dismissed as the conservative freezing of memories and images of a fake past.     

The end of the millennium or the countdown

In the millennial countdown the time remaining is already past, and the maximal utopia of life gives way to the minimal utopia of survival. This is the paradox of the achieved utopia which puts an end to the utopian dimension. It creates an impossible situation, in the sense that it exhausts historical possibilities.     

Karl Marx and the economics of communism: anniversary recollections

This paper grew out of the author's Karl Marx studies and his practical knowledge of Soviet-type communist economies. It covers a broad spectrum of ideas and practices prevalent in those economies, which— rightly or wrongly—have become associated with Marx's teaching and predictions. Chapter I tries to explain the reasons for Marx's continuous popularity. Chapter II critically examines the validity of the claim about Marxian socialism being “scientific” as opposed to “utopian”. The article, especially in chapter III elaborates on a number of other Marxian ideas, like that of the so-called “anarchy of the market”, which for many decades exerted a negative influence on his followers—theoreticians and practitioners engaged in building what they believed to be a communist economy and society. One of the quintessential features of Marx's teaching, which he took over from Smith and Ricardo, was the labor theory of value and the “law of value” in particular. The latter, interpreted by Stalin as “the law of value under socialism”, was used by him for ideological and propaganda purposes, but after his death has in turn been utilized by Marxists, non-Marxists and anti-Marxists to discredit the Stalinist economic system, and to advance propositions ranking from profound, relevant and commendable to vague and frivolous. Tracing in Chapter IV the peripetia of this “law” provides a deeper insight into both the essential weaknesses of the Marxian theory and the acute dilemmas of the Soviet-type economies.     

A Liberal Marxism? Mutual Care,Global Humanity and Minimum Utopia

This article surveys The Norman Geras Reader: ‘What’s There is There’, a recent collection of the work of Norman Geras, edited by Eve Garrard and Ben Cohen. The article explores the relevance of Geras’s attempted reconciliation between liberalism and Marxism to some of the key issues confronting the contemporary left: foreign policy and the failures of humanitarian intervention and non-intervention; internationalism and the necessity for solidarity across borders in an age of nationalist populism; left approaches to totalitarianism and antisemitism; the possibilities and limitations of alternatives to and critiques of liberal capitalism; and the reinvigoration of utopian imaginaries and the futures they promise. It suggests that important lessons for the left can be unpicked from the contested legacy of the ‘decent leftism’ Geras represents, where reapplied in the wake of new political and diplomatic challenges.     

Mythical enjambment in The Hungry Woman: nation,desire, and Cherríe Moraga’s utopic turn

In her play The Hungry Woman: A Mexican Medea (2001), Cherríe Moraga makes use of a technique I call “mythical enjambment”: the insertion of a myth, story, or cultural context into another where it “doesn’t belong,” a willful act of making the unexpected out of the expected. Moraga utilizes mythical enjambment to illuminate how mythologies become entrenched and perpetuate harmful ideologies. Interrupting the traditional aesthetics of Western theater by drawing attention to the ways queer women of color are erased from the narrative, Moraga also challenges the absence of queer women of color from the Chicano movement by embedding her play within some of the most dearly held myths of Chicana/o culture. Ultimately, the use of mythical enjambment gestures toward the utopic and revolutionary potential of theater. The Hungry Woman shatters myths on multiple, intersectional levels: from the critical gaze of interpretive authority to the myths that cohere Chicana/o identity along masculinist and heterosexist lines.     

Visualizing emotion and seeing change in science fiction manga: political potential in the expression of emotion in 7 Billion Needles

This article analyzes the science fiction (SF) manga 7 Billion Needles in order to show how an overt visual and narrative emphasis on character emotions and psychology can contribute to science fiction's political potential by emphasizing the similarities between dialogue as a form of emotional therapy and the act of exploring alternative environments. This article also demonstrates how science fiction manga provides a template by which character emotion can become so integrated into the SF narratives and worlds that emotion itself becomes ‘science fictional’.