THE TWILIGHT OF ADVERSARINESS: TRENDS IN CIVIL JUSTICE

The author evaluates changes in the form of civil adjudication that have occurred since the adoption of the Federal Rules of Civil Procedure in 1938. The evidence reveals a. paradoxical situation–the system has become both less and more adversarial. After identifying the causes of these opposing trends, the author concludes that the forces undermining adversariness are more powerful than those supporting the traditional model. Finally, the implications of this retreat from customary procedure are explored.     

中国古代采矿工程技术史研究的几个问题

采用矿山考古、模拟实验等方法,对中国古代采矿技术的起源与发展进行系统论证后,得出三个论点：一是关于中国古代采矿工程技术的历史进程,可分为萌芽期(史前时期)、形成期(商代中期)、初步发展期(西周时期)、创新期(春秋至战国中期)、充实提高期(秦汉至元代)、全面发展期(明清时期)这六个发展阶段。二是中国古代采矿工程技术有着浓重的中国特色并具独特的发展体系,其多种技术的配合,在很大程度上基于中国古代各种社会要素的综合。三是中国古代采矿技术观是一种有机的、整体和综合的“和”的技术观,“和”明白地表述了采矿技术观的本质特征。     

The Nature of Value and the Value of Nature: a Philosophical Overview

In an article exploring the philosophical issues raised by environmentalism, Ben Rogers argues for an alternative both to the narrowly economic and to an extravagantly mystical concept of Nature. Species and ecosystems, mountain ranges and mineral reserves have an intrinsic value in the sense that Nature moves and disturbs us independently of our concern for our own welfare or happiness. This analysis enables us to see the inadequacy of cost-benefit analysis, which treats natural goods as commodities. At the same time, recognizing that the natural environment has an intrinsic value does not in itself release us from the necessity of making difficult choices or from hard decisions as to what is and what is not 'natural'. One way of clarifying the place that Nature occupies in our scheme of values is by way of analogies with heirlooms, works of art and historic towns and cities. These analogies shed light on what it means to insist that natural goods are not commodities, but are something we hold in trust.