Volksunruhen in Württemberg 1789–1801

The juridical force of time forms a critical, but hitherto unexplored part of Hugo Grotius’s discourse on the justice of war and peace. Grotius defines war as a span of time in which disputed rights and armed conflicts between states are examined in reference to temporal coordinates. This method allows him to adjust otherwise static laws to meet the demands of times and spaces in an increasingly expanded world. In doing so, Grotius is also able to reconcile multiple layers of laws in a temporal framework, which suspends one layer of law, to be revived at later times. Finally, cautious in the use of the language of time, Grotius admits both that right demands immediacy, and that justice suffers delays. By this nexus of delay (mora) and emergency (necessitas), Grotius warns against the abuse of ‘time’ as a legal concept to justify unlawful claims, which still rings with alarm today.     

"Just War" and the Contemporary Art of Justifying the Unjustifiable

Abstract

This article assesses the recent application of "just war" criteria by Charles Reed. It is clear Reed has uncritically supported Anglo-American power by omitting a great deal of counter evidence and by misrepresenting opposing views. Some consideration is given to the ways in which intellectuals can unintentionally support violence and power.     

战犯问题与国共和谈

在国共两党战略决战阶段,中国共产党灵活地运用了战犯问题.无论是战犯名单的公布、严惩战犯原则的提出,还是北平和谈中关于这一原则的灵活执行及对桂系的争取,都是为了击破国民党政府的"和谈"攻势及企图,明确战争责任,将革命进行到底.     

The Locke Essay: Achievement and Promise

Abstract

Strauss's essay on Locke is devoted to Locke's early lectures on the law of nature, a text unpublished when he initially wrote on Locke in Natural Right and History. One purpose of his essay was to show that the Locke text did not contradict the position on the law of nature that Strauss had earlier attributed to him. Strauss also used the essay as an opportunity to further his own reflections on traditional natural law doctrine.     

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。     

Spiritedness,Reason, and the Founding of Law and Order: John Ford's The Man Who Shot Liberty Valance

Abstract

John Ford's 1962 classic Western, The Man Who Shot Liberty Valance, analyzes the difficulties inherent in founding a new political order based on the rule of law. Some critics have concluded that the film mordantly portrays the closing of the frontier, the tragic loss of the rugged individualism it promoted (represented by Tom Doniphon), and the ascendance in its place of a fraudulent political class (represented by Ransom Stoddard), while exposing that even free societies are founded on crime. Yet, as others have argued, Doniphon also represents the spirited part of the Platonic tripartite soul, revealing spiritedness's ambiguous relation to justice: he refuses to fight unless personally threatened; perpetuates servitude, if not slavery; and shows no interest in promoting equality of women. Doniphon stands in opposition to the principles of the Declaration of Independence, pointedly recited at the film's chronological center, and his eclipse by Stoddard is not a tragic mistake. In addition, John Locke's state of nature teaching unlocks why Valance's death is not a crime that sullies the foundations of the society. Finally, the legend told as fact at the film's conclusion combines both men into a single entity, “the man who shot Liberty Valance,” thereby propagating a salutary lesson for future citizens: reason must combine with and rule over spiritedness if law and order are to prevail.     

马里时代西亚战争惯例初探

在马里时代,西亚诸国逐步发展出制约战争的惯例。在发动战争之前,要为战争找到合法的理由,同时需要获得神明的赞同和友邦的支持,更为重要的是,要进行公开宣战。在战后对战败国的处理上,虽然存在野蛮的毁城杀人的向例,但是较为人道的战争惯例逐步发展起来:有限摧毁敌方城市,善待敌方战俘与百姓以及掩埋敌方阵亡者尸体等。马里时代的战争惯例,继承了公元前3千纪的某些战争惯例,同时又对古代西亚战争的惯例做出了新发展。马里时代战争惯例的形成,与此时大国争霸、同盟化战争以及战争的频繁有着密切关系。战争的巨大破坏力,也促使较为人道的战争惯例出现,它们代表了古代西亚战争惯例的发展方向,具有进步意义。     

Responsibility,Humility, and Intervention

Abstract

This paper proposes an analysis of The Responsibility to Protect that is rooted in the Christian realism of Reinhold Niebuhr. R2P rests on three central claims: sovereignty ought to be understood in terms of responsibility rather than control, the just cause criterion for war should include humanitarian protection, and rightful authority ought to be relocated to multilateral institutions. In turn, Niebuhr’s Christian realism proposes a dialectic of responsibility and humility that shapes our understanding of justice and coercion. While examining R2P through a Niebuhrian lens shows some compatibility between the two moral frameworks, it also reveals the insufficient understanding of humility with respect to human motivations and limitations that underlies R2P’s criteria.     

英国工业革命中济贫法改革与古典经济学影响

16世纪以来的济贫法直到工业革命时期都是规范贫困救济的重要法律依据,但旧济贫法主要体现的是传统的经济观念,这与工业革命的经济社会变化越来越不相容。倡导自由放任的古典经济学的兴起为人们创造了一个理解现实的新的理论基础,在新思想体系的影响下,社会对贫困救济的观念不断变化,最终导致济贫法改革和1834年新济贫法的确立。     

文物工作基础识讲座 第五讲 文物的有效保护(上)

依靠法律手段来实施对文物的有效保护 ,是当今世界上各个国家的普遍做法。本文就我国的文物保护问题 ,从法律体系、受保护的范围、行使主体、公民保护文物的权利和义务四个方面进行了阐述     

A New Model of Executive Power: A Montesquieuan Explanation of the Obama Presidency

Abstract

The perennial concern over executive overreach continues well into Obama's presidency, leading many to wonder if the “unitary executive” is here to stay. Discussions of executive war powers focus on three models. The Hamiltonian perspective gives presidents the lead position in foreign affairs; the second model, following Madison, presents Congress as the leader when initiating hostilities. Finally, Jeffersonians present emergency powers as extra-legal, giving presidents a sphere of actions that cannot be contained within constitutional discussions. Problematically, current scholarship implicitly or explicitly grounds these explanations in Locke's political philosophy. This occurs despite a dearth of references to Locke during the Constitutional Convention and infrequent references to his thought during early debates over executive-congressional divisions of war powers. Comparatively, all of these seminal American figures frequently mention Montesquieu, often fighting over the specifics of his theory. While scholars widely acknowledge this influence, they rarely mention him during discussions of war powers or the nature of executive power in general. This article examines the Montesquieuan understanding of executive power and shows how this model represents a viable alternative to the Lockean one. Most importantly, examining the executive from a Montesquieuan perspective provides solutions to current problems that the Lockean perspective does not.     

论居住权的社会价值

“居者有其屋”是每个社会成员的追求,但在我国由于居住权制度的缺位,致使上述理想无法完全实现。从国外关于居住权的立法来看,源自罗马法的居住权是无房者实现其居住目标的有效制度借鉴。本文通过对居住权法律属性的解读,阐述了居住权在现代社会中的价值。