伪满洲国“地方自治”的虚伪性——以特别市与市制为中心的考察

为了标榜殖民统治的正当性,日本侵略者刻意鼓吹在伪满洲国实行所谓的"地方自治"。在实行的特别市和市制中,设置了"自治委员会"和"咨议会"等议决和咨询机关,为其蒙上了一层"进步"的色彩。然而当我们深入对其进行考察后发现,伪满洲国所设计的"地方自治"充满了虚伪性,它无法掩盖日本侵略者对伪满洲国统治的侵略本质。     

通谋虚伪行为浅析

《民法总则》第一百四十六条规定的是通谋虚伪表示的效力问题,而其文本则是对《德国民法典》第一百一十七条相关规定的移植。完善通谋虚伪制度,需要完善相关具体法律,形成完整协调的法律制度体系,以促进法制和社会的发展。     

通谋虚伪行为探析

我国关于“恶意串通”、“以合法形式掩盖非法目的”的规定，是我国对大陆法系中“通谋虚伪行为”理论所做的变通。但是这种变通不仅未取得预期的效果，反而极易导致适用上的随意性，从而造成法的不安定，损害交易安全。因此我国应取消这一变通，还原“通谋虚伪行为”的本来面目。值得欣慰的是，我国已经出台的两部《民法典》草案中均有“虚伪表示”的内容，这必将促进我国民事立法的进步。     

Normative power and organized hypocrisy: European Union member states' arms export to Libya

The 2011 Libyan civil war prompted a reassessment of the normative foundation of the EU's conventional arms export control regime as armaments manufactured in Europe were used by Gaddafi's forces during the war. The EU's foreign policy identity is based, partly, upon a common approach to arms export involving respect for common criteria for export licences. Yet, prior to the civil war, considerable amounts of military equipment had been exported by member states to Libya, notwithstanding grounds for restraint on the basis of several of the criteria. This article traces member states' arms export to Libya during 2005–2010 to explore whether member states favoured restraint or export promotion. It concludes that although aware of the risks of exporting, in a competitive market for military goods, member states sought commercial advantage over restraint, and comprehensively violated export control principles. This casts doubts on assertions of the EU acting as a “normative power”.     

Health Care Versus Border Care: Justification and Hypocrisy in the Multilevel Negotiation of Irregular Migrants’ Access to Fundamental Rights and Services

Abstract

Providing—and also not providing—public services to unlawful residents implies a certain cost for host societies, and both inclusion and exclusion involve localized renegotiations of fundamental rights, legitimate needs, and social membership. Based on original qualitative research data, this article compares how, why, and under which conditions irregular migrants are granted or denied access to healthcare services provided in London and Barcelona. From a multi-level perspective and by drawing on organization theory, I highlight key differences in how the responsible governments deal with the underlying contradictions and thereby either help or hinder effective policy implementation.     

The virtue of vice: a defence of hypocrisy in democratic politics

This essay suggests that Machiavelli's claim that the moral vice of hypocrisy is inescapable in politics constitutes a real issue for democratic politics today. Indeed, it concludes that democratic societies are implicated in creating the impetus to hypocritical behaviour. The essay questions the prevalent conviction that a liberal democratic polity should be premised on transparency and candour, not on hypocritical manipulation – a conviction which is paradoxically shared by the dirty hands thesis which is mostly owed to Michael Walzer and which purportedly takes Machiavelli's insights on the moral messiness of politics seriously. Attempts to deny the necessity of political hypocrisy misconstrue the realities of democratic politics – the messy context in which politicians operate and what is distinctive of political friendships. Democratic politicians operate in a context ridden with conflict and dependence which renders hypocrisy a necessary political virtue and one of the strings that hold together a virtuous political life.     

Public Life as Tragedy

Some of the most perceptive observers of public life have emphasised its tragic dimensions, not so much out of sympathy for politicians, but because the lens of tragedy offers a unique insight into the realities of the world of politics. Here I attempt to synthesise this tragic perspective by employing the comments of those best positioned to identify the salient features of public life, its primary dramatis personae. Politics occasionally provides us with the kind of spectacular catastrophe that journalists like to construe as tragedy. But our purpose is to evoke a different, more personal, less visible kind of tragedy: the small but malignant tragedies of self‐betrayal, of inflation of the ego and deflation of conscience, of helpless witness to injustice and misfortune, of status unaccompanied by power or efficacy, of the shrinking of aspiration to the scale of the practicable, of disillusion and, on occasion, of despair.     

企业社会责任感知情境下消费者道德伪善的形成机理研究

本研究将心理学领域的道德伪善与企业社会责任相结合,将消费者企业社会责任响应中企业特征、产品特征以及消费者特征三个层次的调节变量引入概念模型,利用结构方程和多元回归方法,从经济理性和感性角度探讨了消费者道德伪善的形成机理。研究结果显示,企业社会责任信息刺激下,消费者态度和购买行为之间存在不一致性,表现出道德伪善性。企业能力和产品感知质量在消费者态度向购买行为转化过程中存在显著的正向调节效应,消费者表现出很强的经济特征;但是,面子意识在消费者态度向购买行为转化过程中不存在显著的调节效应。