This article uses Ernst Fraenkel’s dual-state framework as an analytical tool to study those conflicting imperatives and constitutional tensions with a focus on the power to detain. This article makes the argument that China has emerged as a dual state with a normal state that functions increasingly with a rule-based government in inter-personal matters and a prerogative state that solidifies control in areas that are regarded as political sensitive. Overall, while the equilibrium between the normative and prerogative states has been (...) evolving in China, it has remained stable. The Party has been able to build a relatively self-defined and self-referencing legal system to provide the certainty and order that the Chinese political economy demands while maintaining a zone of exception, expansive and continuing to evolve, for the prerogative state to safeguard authoritarian rule. (shrink)

Economic development and mass urbanization have unleashed unprecedented levels of land disputes in East Asia. In China and Vietnam especially, courts and other legal institutions struggle to find lasting solutions. It is against this background of legal failure that this book brings together leading scholars to understand how state agencies, land users and land developers imaginatively engage with each other to resolve disputes. Drawing on empirically rich case studies, contributors explore the limits of law and legal institutions in resolving land (...) disputes and reveal insights into how key actors in East Asia understand land disputes. Their studies reveal promising dispute resolution practices and point to the likely ways that states will deal with land disputes in the future. (shrink)

The paper examines three factors that are driving and constraining the development of rural legal services delivery in China: geographic limitation, professional interest and political intervention. Firstly, geography matters and rurality creates natural barriers for rural residents in limiting the access to legal services. There is an inherent spatial inequality for rural population when it comes to the distribution of legal service and the geographic isolation and remoteness nurture a particular type of legal culture among rural residents. Secondly, professionalism matters. (...) There are strong ideological and economic forces which pull the rural legal service providers away from their grass-roots. The calling of an emerging legal professionalism (and the related financial incentives) demands a certain degree of legal knowledge and qualification, rules of procedures, code of conduct and regularity in legal practice. In order to survive in an increasingly competitive legal market, rural legal service providers have to run legal practices as a business, considering the "bottom line" and following the logic of a legal market. Finally, politics matters. To overcome geographic barriers and correct market failure, the government would need to steps-in to provide or supplement legal service in rural areas by introducing a public dimension of legal services. Politics may ameliorate where the legal service market fails. (shrink)

The paper examines three factors that are driving and constraining the development of rural legal services delivery in China: geographic limitation, professional interest and political intervention. Firstly, geography matters and rurality creates natural barriers for rural residents in limiting the access to legal services. There is an inherent spatial inequality for rural population when it comes to the distribution of legal service and the geographic isolation and remoteness nurture a particular type of legal culture among rural residents. Secondly, professionalism matters. (...) There are strong ideological and economic forces which pull the rural legal service providers away from their grass-roots. The calling of an emerging legal professionalism (and the related financial incentives) demands a certain degree of legal knowledge and qualification, rules of procedures, code of conduct and regularity in legal practice. In order to survive in an increasingly competitive legal market, rural legal service providers have to run legal practices as a business, considering the "bottom line" and following the logic of a legal market. Finally, politics matters. To overcome geographic barriers and correct market failure, the government would need to steps-in to provide or supplement legal service in rural areas by introducing a public dimension of legal services. Politics may ameliorate where the legal service market fails. (shrink)

20世紀極權主義的思想根源是什麽？ 這個問題正是伯林與施特勞斯畢生追問的根本問題。 在一元主義與多元主義之間，在絕對主義與相對主義之間，我們應該何去何從？ 為什麽人類追求自由，卻走向了自由的反面？ 《反自由的自由：伯林與施特勞斯的思想紛爭》提出了這一疑問 20世紀的極權主義是人類歷史上史無前例的政治悲劇，典型案例是蘇聯共產主義和德國納粹主義。伯林是流亡英國的俄裔猶太人，童年曾目睹俄國革命，壯年曾造訪蘇聯，對蘇聯共產主義有著痛徹心扉的體驗。在他看來，蘇聯 共產主義根源於馬克思主義，而馬克思主義發源於一元主義與絕對主義。施特勞斯是流亡美國的德裔猶太人，早年僥倖逃脫納粹的魔爪，從此寄身於異國他鄉。因此，他對德國納粹主義有著深入骨髓的反思。他認為，德國納粹主 義肇源於自由主義，而自由主義淵源於多元主義與相對主義。倘若如是，我們的困境是，在一元主義與多元主義之間，在絕對主義與相對主義之間，應該何去何從？為什麽兩個具有類似極權主義經歷的思想家卻作出了截然相反的 診斷？我們的困惑是，為什麽人類追求自由卻走向了自由的反面？馬華靈試圖在《反自由的自由：伯林與施特勞斯的思想紛爭》一書解答上述疑問。.

This project was undertaken to ascertain the perceptions of a group of Taiwan’s fourth-year bachelor of science in nursing (BSN) students regarding death and help expected from nurses during the dying process. Within the Chinese culture, death is one of the most important life issues. However, in many Chinese societies it is difficult for people to reveal their deepest feelings to their significant others or loved ones. It was in this context that this project was developed because little is known (...) about how Taiwan’s nursing students perceive death and the dying process. Using an open-ended, self-report questionnaire, 110 senior BSN students recorded their thoughts on: (1) their fears before physical death; (2) afterlife destinations; and (3) the help they would expect from nurses when dying. The data were analyzed using a three-layer qualitative thematic analysis. The students’ reported needs during the dying process were directed towards three main goals: (1) help in reaching the ‘triple targets of individual life’; (2) help in facilitating in-depth support so that both the dying person and significant others can experience a blessed farewell; and (3) help in reaching a destination in the afterlife. The results support the belief of dying as a transition occurring when life weans itself from the mortal world and prepares for an afterlife. (shrink)

In recent years, more and more Chinese women have joined the legal profession and have made remarkable achievements in this field. Gender stereotypes, however, which involve a deep-rooted social concept, have seriously hindered Chinese women’s development in the legal profession and have had a profound and adverse impact on women’s career progression. Based on the statistical data in the public domain as well as the ethnographic data drawn from interviews with legal professionals and informal conversations with lawyers known to the (...) principal author, this paper focuses on women in the Chinese legal profession, identifies the causes of women’s dilemmas in their career development as well as the impact of gender stereotyping on them within the legal profession in order to provide some insights on improving gender equality in China. According to the authors, the causes of gender stereotypes in China are diverse: Existing legal institutions promote and maintain such stereotyping practices; traditional gender concepts enter into and disseminated in people’s thoughts; the theory of biological determinism in the field of science misleads the general public; and the legal system constructs women’s status as workers and mothers. In view of this, it is necessary to achieve substantive equality in China’s legal profession by weakening men’s domination of the legal profession, improving the structure and ideology of relevant institutions and policies in offering women more incentives for career development, and also changing women’s understanding of and efforts against biased gender stereotypes. This will help break down China’s gender stereotypes, promote gender equality in the legal profession, and address the dilemma of women’s legal career development. (shrink)

该书收入的论文分为三部分。第一部分的六篇论文探讨了文化和宗教对话的理论基础;第二部分九篇论文则是具体的宗教比较和对话;第三部分的四篇论文则把重点放在中国宗教的研究上。.

ABSTRACT The ongoing Sino-U.S. trade dispute between the world’s two largest economies has since 2018 attracted much attention from the international media. This study used the approach of corpus-assisted discourse studies to compare how leading English-language newspapers from each side—The New York Times and China Daily — discursively constructed this issue. The findings indicated that while NYT tended to profile the trade conflict as a ‘war’ in line with mainstream hard-line ideologies that emphasize China’s presumed threat to national security of (...) the U.S., CD sought to dial down the rhetoric and showed a preference for defining the matter as a ‘friction’, consistent with the tenet of ‘pragmatic nationalism’ endorsed by the Communist Party of China. Accordingly, the two newspapers framed the causes, moral evaluation/consequences, and treatment of the issue in congruence with their respective dominant metaphors by means of various linguistic patterns. These differences are interpreted with regard to each side’s underlying ideologies and national interests. (shrink)

This paper uses the Process Dissociation Procedure to explore whether people can acquire unconscious knowledge in the serial reaction time task [Destrebecqz, A., & Cleeremans, A. . Can sequence learning be implicit? New evidence with the Process Dissociation Procedure. Psychonomic Bulletin & Review, 8, 343–350; Wilkinson, L., & Shanks, D. R. . Intentional control and implicit sequence learning. Journal of Experimental Psychology: Learning, Memory, and Cognition, 30, 354–369]. Experiment 1 showed that people generated legal sequences above baseline levels under exclusion (...) instructions. Reward moved exclusion performance towards baseline, indicating that the extent of motivation in the test phase influenced the expression of unconscious knowledge. Experiments 2 and 3 revealed that even with reward, adding noise to the sequences or shortening training led to above-baseline exclusion performance, suggesting that task difficulty and the amount of training also affected the expression of unconscious knowledge. The results help resolve some current debates about the role of conscious awareness in sequence learning. (shrink)

This paper discusses Eastern European Marxists’ consideration of science and technology concerning aesthetic dimensions. Different from most of Western Marxists who take negative or dystopian attitudes towards modern science and technology from the aesthetic utopian perspective, those Marxists who come from countries such as Hungary, Yugoslav, Poland, Czechoslovakia, East Germany, Bulgaria or Romania, which once belonged to the socialist camp, under the influence of Soviet and Western culture, pay attention to the complicated tension between science-technology and aesthetics. In this paper, (...) I probe into these notions by reading György Lukács, Budapest School, Romanian theorists and the Yugoslav Praxis Group, which are divided into four key points: basic nature of science in contrast with arts; modern tension of culture between science and arts; the possibility of scientific aesthetics; and development of arts in the world of technology. There is a dialectical understanding of science and technology here which contributes to contemporary recognition of science and technology from the point of view of neo-humanism, not only in aesthetics but also human existence. This is relevant to theoretical reflection on the present and future Chinese socialist aesthetics. (shrink)

H. L. A Hart complained about the ambiguity of legal positivism, and proposed a definition that refers to particular explications of the concept of law, to certain theories of legal interpretation, to particular views on the moral problem of a duty to obey the law, and to a sceptical position with regard to the meta-ethical issue of the possibility of moral knowledge. It is said to be restricted to the Thesis of Separation — the contention that there is no necessary (...) connection between law and morals. In this chapter, the Separation Thesis is discussed even further, and has three shortcomings identified: first, that it has been vacillating between object-level contentions about moral qualities of the law; that the precise logical relation between both levels has never been properly accounted for; and that the question of necessary relations between morality and law hinges crucially on the presupposition that the very concept of law itself does not unravel into different sets of convenient stipulations from different epistemological angles, each of which renders the question of such necessary relations trivial. The Separation Thesis is also identified as having two versions: the Fallibility Law and the Neutrality Law. (shrink)

This paper offers a short history of Agnes Heller’s relationship to China through three aspects: imaginative aesthetic enjoyment, real encounters with Chinese cultural spectacles and actual audiences, and the construction of an academic community through creative dialogue. These discussions suggest that Heller felt at home in China. Although Heller has passed away, a home for us remains in her work through remembering her and engaging further with her writings.

人性本善？人性本惡？ 孟子說的性善，其實是指「心善」，人心本為良善， 荀子說的性惡，其實是指「欲惡」，人性想做壞事！ 當前大陸最受歡迎的儒家思想講座 傅佩榮教授為您解答 本書內容分為引論、本論、餘論與附錄。「引論」先就「儒家思想的演變」在起源上、特質上、開展上與當前的情況，作全局概觀。「本論」為全書重點，包括六章：一、邏輯與認識方法，二、人性向善論，三、擇善固執論，四 、天人合德論，五、人的自律性問題，六、人性向善論的理據與效應。「餘論」則有應用哲學的涵義，如教育觀、美學以及評析四位哲學史家對孔子的詮釋等。「附錄」則有重新為「天論」作一疏解，以及「束脩」與「耳順」二 文，皆與傳統之解讀作一綜合新解。.

The conceptual and methodological contributions of Marxist aesthetics from Eastern European countries like Hungary, Yugoslavia, Poland, Czechoslovakia, Bulgaria, Romania, and East Germany were productive and significant despite various hurdles faced concerning institutionalization, legitimization and differing theoretical abuses. In its mode of inquiry and discursive practices, Eastern European Marxist aesthetics is both similar and dissimilar to its Western, Soviet, Russian and Chinese counterparts. The specificity here is the function of a unique geographical and socio-historical context, as well as interaction with other (...) contemporary paradigms of thought. The innovative impulses of Eastern European Marxist aesthetics affected six scholarly domains: aesthetics of praxis, theory of realism, critique of modernity, semiotics, theory of genre and cultural theory. This paper provides a general survey of the intellectual achievements of Eastern European Marxist aesthetics across these six domains and will show how this theoretical tradition has influenced the modern history of ideas. (shrink)

As early as January of 1957, at the Peking University Symposium on the Problems of the History of Chinese Philosophy, Chang Tai-nien was already attacking with his glittering words.

本书共分35个问题,其内容包括唯物论、辩证法、认识论和科学方法等重要的哲学理论,同时又涉及数学、宇宙演化史、生物进化论、生物工程、相对论和量子力学等自然科学理论。.

Islamic philosophy; Muslim theology; Islam; doctrines.

Greek philosophy; stoicism; influence; Islamic philosophy; history; MA thesis.

本书系统阐述了法学的一般理论和方法论;对法理学的基本问题、对通贯整个法学体系的法学基本范畴以及法学理论和法制建设的前沿问题进行了解析和探索.