政治认同解构：以马来西亚华人为例

政治认同不仅包括国家认同,而且包括对政府与统治者的认同,把加入国籍看作是政治认同的唯一标志是一种不完善的认识。影响政治认同的因素复杂多样,涉及到认同动机、过程,更重要的是政府的政治合法性。马来西亚华人的政治认同存在着一定的问题,关键原因在于其认同动机的复杂性和过程的艰难性,而且对华人而言,政府的合法性基础也受到一定怀疑。     

The Moral Theologian,Oliver O'Donovan and International Law

Abstract

Oliver O'Donovan renders a singular contribution to the theory and history of international law by identifying the spiritual impoverishment of the discipline following the triumph of state-centred contractarianism in the theory of international relations, with Hobbes, Locke, Kant and, for the present, John Rawls. This contractarian approach to international society has an inherent tendency, which O'Donovan highlights, to ground international order in the hegemonic claim of one or two countries to represent the values of the whole of humanity. With a combination of rational moral theology and biblical interpretation (Revelation), O'Donovan reasserts an international order grounded in the autonomous identities of the nations, which God has recognized as equal. With a theory of political legitimacy which rests upon representation of national identity, O'Donovan points the way to an international order based upon mutual respect among nations under natural law, in the classical medieval sense finally represented by Grotius and Suarez. This article describes again what the natural law tradition meant in the hands of Aquinas and Vitoria, in order to highlight the fact that the ontological dimension of natural law theory provides a way to meet the intolerable insecurities which theories of nationalism appear to generate. Then the article goes on to offer one way to bring natural law thinking up to date for contemporary audiences by drawing upon Paul Ricoeur's phenomenological theory of mutual recognition and respect among the nations as a way of going beyond the contractarian tradition in contemporary international law and relations theory.     

杨端其人及其族别考

杨端是统治播州（今贵州遵义）达近七百二十五年的杨氏家族之始祖。近代以前,史载皆以杨端为山西太原汉人。上世纪四十年代学者谭其骧对其民族身份提出异议,认为杨氏族属为川南之罗族（今彝族）,文章发表后,又衍生出苗族、白族、仡佬族三说;杨端其人之存在,则在上世纪末禹明先撰文提出新见。杨端其人及其族别问题,事关黔北历史真伪、事关黔北少数民族文化与汉文化间复杂而微妙的关系。本文依据历史文献,对二学者之论逐一缕析,认为确有杨端其人,祖籍山西太原,汉族。     

时际国际法与中国对南沙群岛享有无可争辩的主权

本通过对时际法的理论和实践的阐述,结合中国自宋代在南沙群岛行使管辖权这一事实,分析了中国对南沙群岛享有无可争辩的主权。     

Uprisings,Migrations, and Ethnic Identity： A Study of the Kaxabu in the Taiwan Borderland during the Qing

The earliest written record of the term “Kaxabu” dates to the 1908 survey report by the Japanese scholar Ino Kanori. In his study of the Pazzehe tribe in central Taiwan, he wrote： “Kaxabu was the name given by the Pazzehe to Daiyao＇puru, a small division of its ethnic group.” During the Qing era, the Pazzehe was called the Anli group by Chinese speakers in Taiwan, while the Kaxabu were named Puzili she （the Puzili tribe）. Since the Kaxabu originated from the Pazzehe, thus in determining the time when the Kaxabu became distinct from the Pazzehe and in exploring the differences between them, we will also elucidate historical developments before the Japanese colonial era. Using Qing historical materials such as travelogues, expedition-records, newspapers, data from fieldwork, surveys, and interviews, this study traces the intervention of the Qing court into tribal relationships in central Taiwan, beginning with the Dajiaxi she Incident （1731-32）, it touches on the changing environment of the Kaxabu/ Puzili she in their migrations in order to shed light on the development of the two distinctive identities-the Kaxabu and Pazzehe/Anli group. The analysis also reveals the impact of uprisings and migrations upon the border area surrounding Qing Taiwan, as well as problems of ethnic identification and geography.     

China,Natural Resources,Sovereignty and International Law

Abstract

This article explores China’s attitudes towards the regulation of key natural resources by international law, domestically and at the trans-boundary and international levels. It considers the impact of international law on China’s own practices, and the contribution of China towards shaping international law. The article suggests that popular conceptions of a relatively isolated, sovereign absolutist China do not accord with contemporary legal realities, including in its dealings with natural resources. While China’s construction of strong sovereignty shapes its attitudes towards legal regulation, practice also suggests that China adopts a nuanced approach which includes legal compromise, and a commitment to multilateral regulation or bilateral diplomatic settlement of issues previously within the competence of national governments. China is often an active and constructive participant in contemporary law-making, even if – like all countries – it also seeks to instrumentally use international law.     

Symbols, Myth-Making, and Identity: The Red Hand of Ulster in Late Nineteenth-Century Paterson, New Jersey

Symbols are manipulated to express social identity and to reaffirm or create a sense of place. Smoking pipes recovered from late nineteenth-century privies in the Dublin Section of Paterson, New Jersey, bear the symbol of the Red Hand of Ulster. Today, the Red Hand of Ulster is ubiquitous on Unionist murals throughout Northern Ireland symbolizing Northern Irish Protestant identity. Originally, the Red Hand symbolized the dawn of the Irish High King of Ulster. In late-nineteenth-century Paterson, it is argued here, the symbol was embedded in ethnic politics involving the Irish Diaspora and Irish–American identity developed through the Gaelic revival and Irish–American organizations and labor unions.     

Circulating Stories: East Timorese in Australia and Questions of Post‐Independence Identity

During the Indonesian occupation of East Timor, diasporic groups played a central role in the campaign for self‐determination. Throughout the occupation, East Timorese in Australia maintained a strong sense of long‐distance nationalism, which drove, directly or indirectly, communal and social activities. The fight to free East Timor was at the core of the exiles' collective imagination, defining them as a largely homeland‐focused community. However, in the aftermath of the independence, the role and position of the diaspora have been less clear and the exiles have struggled to redefine their relationship with their home country. Personal experiences upon return and perceptions of political, cultural, economic, and social development (or lack thereof) have led to renewed questioning of identity and belonging. This article explores the renewed questioning of identity and belonging embedded in people's ‘circulating stories’ of change, sacrifice and return.     

马来西亚华人社会的语言生活和认同结构——以问卷调查为基础的分析

为了客观反映马来西亚华人在语言和认同等领域的现状,采用问卷调查的方法,通过基本数据材料的分析,探讨了当今马来西亚吉隆坡、古晋、吧巴和诗巫等地的华人认同情况.在语言方面,华人子弟在小学阶段大致打好华语基础,同时保持华人认同.在日常生活中,华语和华人方言的使用占优势,但在商业和职业范围,马来语和英语的使用率有所增加.经济生活方面,华人发扬了传统的奋斗精神,贡献于国民经济的发展.政治认同方面,华人对马来西亚的认同,远远高于对中国等其它对象的认同.结果显示:华人既保持华人性而又能动地适应国民规范;华人以民族语言维持传统文化的族群社会功能,扮演着国家社会发展的重要角色,在这一过程中,华人形成了本身的"华人文化圈"并进一步孕育着华人文化的发展与创新.     

The Meanings of Conversion: Treaty Law,State Knowledge,and Religious Identity among Russian Captives in the Eighteenth-Century Ottoman Empire

This article examines the role of religious conversion in the rules worked out, on paper and in practice, between the Ottoman and Russian empires for the return of captives following their frequent eighteenth- and early nineteenth-century conflicts. The author shows that the abolition of ransom led the Ottoman state to take the central role in the liberation of captives in private hands in its territories. For cultural and fiscal reasons, this required the state to define a test for captives’ conversion to Islam, a matter which had previously been communally and religiously defined. The author traces the changing conversion tests used, and the ways they were manipulated by both captors and captives for their own ends, arguing that the legal definition of conversion undermined official trust, and perhaps community trust more broadly, in conversion's social role. This discussion sheds light on the connections between state knowledge, centralisation, and identity, while suggesting that Ottoman state intervention in matters of slavery and conversion, which has previously been seen as a product of the consciously reforming nineteenth-century Tanzimat, emerged earlier as a pragmatic result of Ottoman participation in the international arena.     

国际法、女权保护与第一次世界大战期间的英德宣传战

宣称战争因某种道德理想而展开是一次大战的显特征,国际法、平民权益特别是妇女儿童权益保护就成了区分和衡量战争正义合法与否的标尺。英德关于非人道作战方式的合法性争执凸显出国际法存在的严重缺失及其在宣传战中作用的有限性,而侵害最易成为战争受难的妇女儿童权利便成了宣传战中最能调动舆论情绪、最易产生宣传效果的主题,这也是英国适时将宣传战主题从德国违反国际法切换到德军大规模强暴妇女儿童上来的主要原因。     

Peers,Politics and the Price of Pepper: Skinner v. the East India Company

The case of Thomas Skinner v. the East India Company brought parliament to a standstill in 1668 in a confrontation between the Houses over their respective privileges that lasted nearly two years. There is no doubt that the case was exploited for political advantage by presbyterians anxious to block the passage of a new conventicles act, but that is far from being the whole story.  This article examines for the first time the details of the case and reliability of Skinner's claims against the East India Company.  It reveals that Thomas Skinner was somewhat of an obsessive fantasist who, far from being a presbyterian sympathiser, was close to the household of James, duke of York. At one stage his daughter was even reputed to be the mother of the ‘pretended’ prince of Wales. It concludes that Skinner was himself an unscrupulous opportunist, eager to exploit political and commercial uncertainty for private gain.