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A new journal announced:Jurisprudence

May 21st, 2009 by Kid

英国的Hart出版社将于2010年推出专业法律理论期刊《法理学》Jurisprudence。主编有两位,一位是年轻时尚的George Pavlakos,另一位是看上去同样年轻的SEAN COYLE,都是了不得的青年才俊。

Jurisprudence的出版佐证了台湾颜厥安老师的看法,英语世界的法律理论研究(或者法律与哲学)正处于扩张期。受益于哲学分析工具的不断进化,法律理论上的经典课题可能开拓出新的思路与视野。

朱苏力论中国司法与政治 Dean Zhu Suli On Judicatory and Politics in China

April 25th, 2009 by Kid

November 2, 2006 - Dean Zhu Suli of Peking University delivers the Bernstein Int’l & Comparative Law Lecture.

06年的时候我就听说朱院长在杜克法学院讲了一课,遗憾的是一直没有看到相关视频。今天在优酷上看到,赶紧贴出来与诸位同好共享。

苏力是当今华语法理论学界第一流的理论家,也是我个人非常敬佩(但谈不上喜欢)的一位学者。他颇有“虽万千人,我照样上”的大将风范。当同时代的很多其他学者还在第三人称翻译型叙事中跟风的时候,他已经毅然决然地迎风而上,直奔那问题而去了。

他的书写风格是那样的特立独行,那笔端自负、骄傲的文艺气质,恐怕法学圈无人能出其右。他本是一个朝气蓬勃的文艺男青年,但因为误入歧途,走上了为学的不归路。然而那颗火热的文学心灵,从未被枯燥的文论压抑,在精致、扎实的论证之余,把玩修辞、调戏语言也是他的最爱。在他脚注中常常出现的大名,除了美国学术强男波斯纳法官和我们敬爱的领袖毛主席之外,还有大名鼎鼎的王朔。

推荐阅读:POLITICAL PARTIES IN CHINA’S JUDICIARY

视频(Video)

音频(Audio)

Guess who is in charge of human rights policy in China

April 14th, 2009 by Kid

Yes! River Crab might be a plausible answer. But the currently released National Human Rights Action Plan of China (2009-2010) provides us a pretty clear authoritative answer:

Initiated by the State Council Information Office and the Ministry of Foreign Affairs, the “joint meeting mechanism for the National Human Rights Action Plan,” comprising legislative and judicial organs and departments under the State Council, is responsible for coordinating the implementation, supervision and assessment of the plan.

Comments are welcome, but as usual, please leave them in English!

兰小欢:学术研究的六个阶段

April 14th, 2009 by Kid

兰小欢发挥了新儒家唐君毅的学术研究六阶段论,读完之后还真是若有所得。顺便推荐给诸位学友:

第一阶段是“信”,真心的信,诚心诚意的信,觉得太有道理太有意思了,于是入行。

第二阶段是“疑”,觉得曾经所学皆不可信,都是胡说八道。……怀疑所学毫无用处,真的不过故作高深。其实不过谋口饭吃,何须如此卖命?

第三阶段是“悟”,所谓深入过后,终究找到了自己的立足点,其后则“谁谓河广,一苇航之”。然而便是这“一苇”,寻的人冷冷清清凄凄惨惨戚戚。有时真正想不如让水蒙了双眼,视而不见随波逐流算了,乐得轻松。……唐先生说:“人在学问中,真有真知灼见,便可以虽千万人吾往矣。人由此而自己做自己思想的主宰。而人只要真能为其自己思想的主宰,人遂皆可在其独立苍茫自用思想时,自觉上天下地,唯我独尊。”

第四阶段是“博”,站立一苇之上,以点带面,一路扩展开去。“乃由心之广大开展,化出一涵容他人相异思想的度量胸襟”。然后知一苇之外,尚有坦荡乾坤。以前大多荒诞不经自己不屑一顾的东西,如今再看,不过是因为当年看错了角度。指鹿为马,错不在鹿,也不在马。

第五阶段是“言”,在知道对的为什么对,错的为什么错,如何能纠错之后,方可“知而言”,能答疑,能教人。

而要做教育家,要指引人前行,便会带你到学问的最后一个阶段,“无知”。

P.S.我自己现在是在阶段二,希望能早点解脱。

梁文道论人文社会科学的中国化

April 10th, 2009 by Kid

不愧是哲学系训练出来的媒体人,梁文道果然是思维清晰,识见不凡:

……社会科学,特别要注意理论和模式的适用性问题。依据新教国家经验发展出来的社会理论,不一定能够拿来套在当下中国的现实之上。所以学者虽然尽可以参考国外各种研究成果,但切忌生搬硬套;他们必须仔细探讨本土的历史条件、社会脉络以及传统中的诸种元素,然后考察异地理论和假说的局限及解释力,进而推导出更合理更有效的论述。

不过,从“外地理论不具普通效用”这个事实,不必然能够推出“中国就该有自己一套”这个结论甚至训令。因为在逻辑上讲,这是两个层次的东西。前者谈的是事实状态,后者却是推导行动的应然问题。我们可以在充分的实证调查和经验体会之后,发现在中国办企业就是和美国不一样,真得有一套别于北美商管理论的模式。但是我们怎么能够不问情由地单从“我们在中国营商”这一点就得出“我们要办中国式企业”的结论呢?再简单点说,“我们是中国人”这个事实不一定能够达致“所以我们就要吃中国米”的原则。除非你能具体说明中国人对果汁的口味不同一般,否则你很难说服我“是中国人的,就得喝中国果汁”。

原文《怎样让中国人高兴》,点此处


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