关于中国旅游基本法几个关键问题的思考

本文讨论了旅游基本法在各国旅游发展中的作用,分析了中国旅游基本法制定工作中存在的主要问题及其根源,提出旅游学基础理论、法学基础理论和哲学核心理论应作为指导中国旅游基本法立法工作的三大理论支柱。本文提出,中国旅游基本法应坚持五项基本立法原则,即：遵循旅游发展客观规律原则、人本主义原则、有效保护旅游各主体合法权益原则、国家对旅游资源永久主权原则、与国际通行做法保持一致原则。最后,作者就中国旅游基本法的框架结构和主要内容等提出了自己的观点。     

Teaching (Political) Economic Geography: Some Personal Reflections

Teaching economic geography is not a matter of replicating textbook models. It requires engagement with the ever-changing global economy, which often puts the lie to existing theory. It demands that the teacher break down the economy into its major parts, in a way that students can grasp. This does not mean abandoning theory; on the contrary, it means getting beyond static exchange models to grasp the dynamics of commodity systems, divisions of labour, technology and capital flows. To this, add how geography matters to the way economies work. And always maintain a critical stance toward the world and toward received wisdom.     

Act and idea in the Nazi Genocide

The opening reference to masturbation in Jonathan Swift’s Gulliver’s Travels (1726) provides evidence of not only an embedded cultural commentary on the masturbatory tendencies of modernity but also specific contempt for the novel as a masturbatory literary form. The same point is made elsewhere in Swift’s poetry and his parody of the erotic scene of female masturbation that continued to be a staple of amatory fiction. Yet the same body of writing reveals Swift’s recognition that he too was guilty of producing literary fuel for masturbation, as were the Ancients themselves whose works continued to invite a sexualized response from readers. As such, Swift reveals an ironic point of agreement with female authors of amatory fiction such as Delarivier Manley and Eliza Haywood, who represent instances of the poetry of the Ancients being put precisely to this use, providing tacit excuse for their own erotically charged writing. In his later notorious diagnosis of Swift as a chronic masturbator literary physician Thomas Beddoes is arguably responding at least in part to Swift’s own sense of entrapment within masturbatory modernity.     

Church,State and the Rwandan Genocide

Abstract

This article takes a critical look at the experience of the Christian Churches during the time of the Rwandan genocide between 6 April and mid July 1994. It is established that in about 100 days about one million people faced death at the hands of soldiers, militias and ordinary civilians. Most victims were killed in churches and other church premises where they had gathered in hope of protection. The genocide in Rwanda was extensive both in its scale and execution. In this article we attempt to understand why and how the churches were involved in the killings, and the implications of such involvement in contemporary efforts towards reconciliation.     

“Genocide is Fascism in Action”: Aron Trainin and Soviet Portrayals of Genocide

ABSTRACT

This article examines the Soviet legal scholar Aron Trainin’s evolving writings on international law. Initially, Trainin formulated aspects of his concept of “crimes against peace” as a sort of Soviet alternative to Raphael Lemkin’s crimes of barbarity and vandalism. Crimes against peace both converged with the larger international movement to outlaw aggressive war, provided a Soviet alternative to proposed international crimes that they believed would threaten Soviet sovereignty, and provided a Soviet response to Lemkin’s proposals to outlaw mass killings. During World War II, Trainin articulated the Nazi extermination of the Jews as “crimes against peaceful civilians,” linking the Nazi atrocities to his concept of crimes against peace. Trainin’s concept of “crimes against peaceful civilians” encompassed the atrocities of the Holocaust while also asserting that the Soviet experience of the war – most notably Soviet sacrifice and suffering – meant that the Soviets should determine how international criminal law punished the war’s perpetrators. After World War II, when it became clear that genocide, rather than “crimes against peace” or “crimes against peaceful civilians,” was becoming the primary concept in international law to understand mass killings, Trainin portrayed the concept of genocide according to the perspective of Soviet propaganda, opposing an international criminal court for genocide, supporting the concept of cultural genocide, and portraying genocide as an inevitable outcome of capitalism. At the same time, Trainin and the Soviets never abandoned his concept of “crimes against peace,” portraying capitalism as inherently bound up with war and genocide. Trainin was the most significant genocide scholar in the Soviet Union, and his work exemplifies both the ways in which Soviet approaches to international law converged with other approaches, and the ways in which the Soviet Union diverged from non-Soviet international law.     

The Gibeonite Deception: Reflections on the Interplay between Law and Narrative in Josh 9

The paper relates the redaction history of Josh 9 to the development of legal concepts in Deuteronomy and beyond. It shows that the earliest version of the text provided an impartial portrayal of a peace treaty between Gibeon and Israel, which prepared for the events recounted in Josh 10. After the emergence of the law of ?ērem (Deut 20,15-18), this original version of Josh 9 implied an open contradiction to Deuteronomy’s warfare legislation. As a result, a first Deuteronomistic editor (D 1) introduced the idea that the Gibeonites had tricked the Israelites into making a covenant and thus saved their lives with deceit. At this stage of the literary development, the prohibition of making a covenant with the inhabitants of the land (e.g. Deut 7,2) was not in view yet. Compared to the ?ērem, the respective prohibition represents a later stage in the development of the legal material (perhaps triggered by the D 1 version of Josh 9). It is only reflected in a second Deuteronomistic layer (D 2) of the chapter, which should afterwards receive one more major editorial reworking by a priestly hand.     

The Modern State,the Question of Genocide,and Holocaust Scholarship

This review article asks: what defines mass violence in the twentieth century as particularly modern and how does the Holocaust figure in this history? The article compares the work of two path-breaking historians—Mark Levene and Timothy Snyder—while also discussing recent research by other scholars. It argues that the emergence of nation-states, together with technology and scientific knowledge to alter the environment, created the conditions for distinctly modern violence aiming to destroy diversity in societies and the environment. The article examines the relation between genocide, including the Holocaust, and the rise of twentieth-century nation-states. It follows the persistent idea that the Holocaust is unique in a way that establishes a hierarchy of Holocaust/genocide/other mass violence. As Levene argues, the contextualization of the complex set of events and processes called the Holocaust within the violent history of ethno-national and ethno-religious “homogenization” of nation-states challenges this framework. The article then turns to Snyder’s argument that, since Hitler’s worldview of racial struggle over land and food rejected agricultural science, genetic engineering in agriculture is one way to heed the Holocaust’s warning. A discussion of the devastating impact of genetic engineering in agriculture—in the frame of the violent implications of modern “development”—underscores how the destruction of societies perceived as “backward,” particularly indigenous groups in the Global South, follows the destruction of their biodiverse habitats and agriculture to make way for monoculture genetically engineered crops. A focus on case studies of such mass violence and the responses by indigenous groups facilitates, finally, a discussion of the recent turn to microhistories in Holocaust scholarship. These offer another contextualized view: of the societies that faced the assault of nation-states. The article concludes that the complexities on the social level, each rooted in specific circumstances and histories, challenge the analytical value of the general term “Holocaust.”     

《四库全书》研究的回顾与思考

作为古代典籍和传统文化渊薮的《四库全书》 ,在中国学术文化史上有极高的地位 ,对《四库全书》的研究和利用 2 0 0余年间盛行不衰。当前更应加强对《四库全书》的研究 ,使其在中华民族复兴的历史进程中发挥更大的作用。本文分六个专题 ,系统地评述了《四库全书》研究的历史和现状 ,对如何进一步深入研究《四库全书》提出了自己的看法和见解。