两种“概念”,还是两种“自由”——解读伯林的Two Concepts of Liberty

伯林首先是一个思想史家。解读他在《两种自由概念》中所使用的消极自由和积极自由,主要是用以概括和考察以往政治思想史两种不同类型的思想家们对自由的理解,而不是为了直接阐发他本人对自由的理解。消极自由和积极自由这两个字眼,在伯林这里分别代表的是对自由做不同理解的两个概念,而不是说有两种自由,或自由有两种。对于伯林来说,消极自由和积极自由是一种自由的两个方面。     

浅析康德与马克思自由观之比较

近现代西方哲学的基本精神就是自由精神。整个德国传统哲学的基本思想就是论证人类历史从自然王国向自由王国发展的必然性和合理性。康德、马克思的哲学都是这种现代自由精神的伟大代表。     

State,Citizenship and Religious Community: The Case of Indian Muslim Women

Thos article argues that granting citizenship rights to the minorities cannot help to instil a sense of confidence in them to participate as equal citizens in the public sphere. Rather the state has to create necessary conditions both through institutional mechanisms as well as through creating a democratic and egalitarian environment where those rights can be enjoyed. A liberal democracy can accommodate both individual as well as group rights and allow for legal pluralism by desisting from imposing any law that can result in the loss of identity for a minority group. But at the same time a liberal democracy is to ensure that individual rights are not jeopardised while safeguarding the minority rights. If particularistic demands do not conflict with basic individual liberty and dignity, they can and should be accommodated within the universalistic framework of citizenship.     

Crimes and Security

This essay considers the role that the value of security might play in criminalisation. While endorsing security as a legitimate rationale for the creation of a criminal offence, it examines some existing offences that are created or structured in a particular way for security reasons. This is done through a two‐stage analysis. Stage one considers the consequences of adopting an offence or offence definition if it was interpreted ideally and complied with perfectly. Stage two considers how we can expect the offences to operate in the real world given imperfect compliance and non‐ideal interpretation.     

关于“自由主义”研究中的几个问题

“自由”是自由主义的核心内容,但不为自由主义理论所独有,对自由的不同理解,则形成了不同的、甚至是相对立的自由观。马克思主义自由观与自由主义自由观有着本质的区别。自由主义的经济发展模式可以为各国、各地区根据其特点选择合适的经济发展路径,但自由主义作为一种制度、运动和价值观,只能为资本主义所独有。     

Before the Bombs There Were the Mobs: American Experiences with Terror 1

Terrorist studies rarely discuss activities before the invention of dynamite, which made modern terror possible. One important, interesting, and forgotten form is the mob terror campaign. Two significant successful American examples are examined and compared, “The Sons of Liberty” which ignited the American Revolution, and the Ku Klux Klan, which “won the peace” the South wanted after it lost the Civil War. The study concludes by briefly comparing modern with mob terror.     

消极自由与积极自由理论辩证－－兼论我国社会主义政治文明建设的路径选择

消极自由观和积极自由观各有其理论根源和现实依据 ,也各有其片面性和局限性 ,实现两者的有机结合 ,是实现自由的重要前提和必然要求。就其总体精神气质而言 ,马克思主义的自由观是积极自由的自由观 ,但这并不意味着马克思主义排斥消极自由。特别是在我国已经完成了社会主义革命、建立了社会主义制度 ,并且确立了依法治国这一治国方略的新的历史条件下 ,我们应该根据时代和实践的需要来丰富和发展马克思主义自由观 ,实现消极自由与积极自由的有机结合 ,建设社会主义政治文明。     

Diverse enlightenments

In Rival Enlightenments Ian Hunter argues convincingly that there was not one comprehensive German Enlightenment, represented by Kant, but two irreducible and rival enlightenments: the metaphysical Enlightenment of Leibniz and Kant and the non-transcendental, civil Enlightenment of Pufendorf and Thomasius. Hunter's study frees us from a dominant way of taking up the question, 'What is Enlightenment?', and enables us to see that there is a plurality of possible answers.     

Supreme Court of Canada's “Beautiful Mind” case

The Supreme Court of Canada's (SCC) first case involving capacity and the refusal of involuntary psychiatric treatment involved a self described “professor” who had been referred to as “Canada's Beautiful Mind”. He had been found not criminally responsible on account of mental disorder for uttering death threats. While considered incapable of making a treatment decision by psychiatrists and a review board, three levels of court, including the SCC, found him to be capable. “Professor” Starson therefore continued to refuse treatment for his psychosis and spent over seven years detained because he refused the treatment required to become well enough to be released. This refusal of treatment is permitted under Ontario law, although it is not permitted in some other Canadian provinces, and in many other countries.This article describes Starson's situation, Ontario's law with respect to consent to treatment and relevant Canadian constitutional and criminal law. It provides an analysis of the Consent and Capacity Board decision and the court appeals. Implications from Starson's case are analyzed in relation to what happened to Starson, human rights and comparative law pertaining to involuntary patients' refusal of treatment, especially their relevance to the Canadian Charter of Rights and Freedoms, and laws in some other countries. Many Canadian and foreign jurisdictions where laws apparently accord with human rights codes do not allow a person to refuse the treatment required to restore their liberty. We conclude that a law that allows a person with a mental illness to be incarcerated indefinitely in a “hospital” because needed psychiatric treatment cannot, by law, be provided is not justifiable in a caring democratic jurisdiction.     

当代视野中的马克思自由观研究

自由是指作为人类终极理想的一种生存状态.马克思认为在必然和自由的关系上,自由是对必然的认识,人类会从必然王国走向自由王国.从实践看马克思自由观,人是在劳动中实现自由的.但美才是自由全面发展的人的象征,艺术活动才是人所追求的自由生存状态.