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21.
    
《亚洲研究评论》2012,36(2):227-245
Abstract

Even though Indonesia has entered a new era of democracy and press freedom, self-censorship still exists in the professional practice of many Indonesian newspaper journalists. Indonesia has a long history of censorship, particularly pressure from the government encouraging journalists to self-censor their work. As such, self-censorship has been encouraged and promoted through the institutionalised and internalised values of many Indonesian newspaper publications. Through interviews with journalists who work for new and re-established newspapers in Indonesia, this article will explain how the practice has evolved, and how it persists today. While the main agent of pressure during Indonesia's New Order regime was the government, today the owners of newspapers are powerful figures who exert their influence and hinder the autonomy of Indonesian journalists.  相似文献   
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Abstract

In contemporary China strict censorship coexists with significant freedom of expression and restrictions are enforced inconsistently. Yet certain principles underlie determinations of what is acceptable public speech, depending on the institutional location of the utterance, the identity of the speaker and the time of the event. What is allowed depends on the specific circumstances, but it results from patterns in the institutional practices of Chinese politics that involve constraining debate within “segmented publics”. This article analyses how formal and informal rules limit discussions of particular issues to specific segmented publics, and how varying degrees of debate are permitted within these institutional fields, based on the expertise of their members or, in the case of associations, their engagement in specific areas of policy implementation. Another dimension of variation relates to the personalised character of authority in the Chinese system of governance, which means that leaders set the tone for debate within institutional spheres they control. State control, however, is only part of the story: segmented publics are dynamic spaces where boundaries are permeable, often contested, and constantly in formation. The operation of segmented publics is explored here through case studies of activism in the legal field; on women’s rights in the associational field; at the grassroots in resident and villager committees; and in oppositional publics.  相似文献   
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In the later Middle Ages the predominantly rural Frisian territories covering the coastal area between the Zuider Zee and the River Weser stood out by virtue of their anomalous position. One striking phenomenon in this area was the early breakdown of feudalism; another was the failure of sovereign rule to take root. A crucial development was how the resulting political vacuum was filled by communal institutions. This paper tries to explain this state of affairs, a situation the Frisians themselves referred to as ‘Frisian freedom’, in terms of the communalism thesis propounded by Peter Blickle. In summary, it can be said that the Frisian territories, at least while the communal institutions were in their prime, constitute an even more prototypical model of rural communalism than the founding cantons of the Swiss Confederation.  相似文献   
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Provisions in government funding agreements with non-governmental organisations (NGOs) may constrain the ability of these organisations to contribute to political debate. NGOs perceive risks to their funding if they criticise government policy. Such organisations play a significant role in the democratic process, and this article examines the applicability of the constitutional freedom of political communication to ‘gag clauses’. Australian courts have not considered the constitutional freedom in this context, but the Supreme Court of the United States has considered the question in relation to the First Amendment. The article shows what can be learned from American jurisprudence and Australian case law in order to challenge such provisions.

政府与非政府组织的资助协议中的条款约束了这些组织进行政治辩论的能力。非政府组织如果批评政府的政策就会感到资助受到威胁。非政府组织在民主过程中扮演了重要的角色,本文政治探讨了交流的宪政自由能否适用于“钳口条款”。澳大利亚法庭没有处理过此类宪政自由的案子,不过美国高等法庭倒是处理过和第一修正案相关的问题。本文分析了可以从美国的司法以及澳大利亚的案例法中学到什么,以挑战这类条款。  相似文献   

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Abstract

Michael Polanyi's fascinations throughout his lifetime were threefold: (1) science—specifically physical chemistry; (2) philosophy—specifically epistemology and ontology; and (3) political society, understood, in the British tradition, to include economics. In developing his recommendations for political society, Polanyi draws broadly upon insights and even concepts from his experiences and reflections in both science and philosophy. His search for meaning in all of his philosophical works provides for him the definition of what he considers the most important human endeavor and is that which the political order must strive to encourage and protect. In addition, the gratification he found in the collegiality and conviviality of scientific research, conducted most productively in what Polanyi identified as “societies of explorers,” suggested to him the diverse groups—as in science, “polycentrically” ordered—and engaged in all kinds of productive activities that came to represent, for him, the grassroots source of a society's creative vitality. Having come to appreciate the necessity of freedom for scientific discovery, freedom became a paramount value in the model he proposed for political society. But this freedom, he realized, had to operate within the boundaries of legal and moral constraint if it was not to dissolve into the oppressions of anarchy. So we find in Polanyi's model of political society a dynamic very similar to that which he had developed in his epistemology: an indwelling of tradition for the purpose of social stability but also a “breaking-out” of established ways to engage in creative endeavors. Similarly, as Polanyi had recognized higher and lower “orders” of existence in his ontology that were necessary for the “emergence” of more comprehensive and novel entities, “greater than the sum of their parts,” he provided for a similar vertical, or qualitative, “layering” in his social order. These insights, and more, that Polanyi draws from his scientific and philosophical reflections in the process of constructing his model of a political society are what I attempt to develop in this essay.  相似文献   
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27.
    
Studies on retail planning in European Union (EU) Member States tend to be nationally oriented and, at best, compare national retail planning systems. They also appear to be based on an implicit assumption that retail planning should not be designed to fit the Single European Market (SEM). This paper analyses a series of judgments by the European Court of Justice and activities undertaken by the European Commission and concludes that this assumption is misguided and incorrect. The bottom line is that retail planning can interfere with freedom of establishment—one of the fundamental EU freedoms laid down in the Treaty of Rome—by limiting the realization of new shopping outlets and by redirecting retail to preselected locations. Such restrictions may be allowable if the Member State in question is able to demonstrate that they are non-discriminatory, appropriate and proportional on the basis of the interpretations of these fundamental principles in European Law. There is a European Retail Action Plan which aims to organize national retail planning systems in such a way that they are compatible with the principles of the SEM.  相似文献   
28.
British August First celebrations were an important day of the year for Blacks in North America. Elite and aspiring organizers attempted to use the holiday as a sight of excellence. Partakers understood they were watched closely during commemorations and that their slightest imperfections could be magnified to unreasonable proportions. Thereby, Blacks felt it was essential to present themselves in near “perfection” to prove that they could be “upstanding citizens.” This article asserts that the standard of outright excellence Blacks attempted to execute on August First was neither achievable nor performed by Whites at celebrations like July Fourth. While Whites could be the notorious offenders of uncivilized and imperfect behavior, First celebrations were to be as the Liberator proclaimed an “array of virtue, loveliness, moral heroism, and true piety.” In all, when Blacks utilized the power to assemble, it was viewed more as a potential site of lawlessness and subversion, despite their efforts.  相似文献   
29.
    
ABSTRACT

This paper explores and reevaluates the place of Plato in the history of liberty. In the first half, reevaluating the view that he invents a concept of ‘positive liberty’ in the Republic, I argue for two claims: (1) that he does not do so, insofar as this is not the way that virtuous psychological self-mastery in the Republic is understood, and (2) that the Republic works primarily with the inverse concept of slavery, relying on entrenched Greek ideas about the badness of the status of being a slave and the actions and dispositions associated with it. Turning in the second half to seek Platonic innovation not in the domain of ‘positive liberty’ but in reflection on liberty as a political value, understood as the liberty of action of citizens within the laws, I argue for two further claims: (3) that as such a political value, liberty is limited and reshaped in both the Republic and the Laws to be compatible with obedience to rule / willingness to be ruled, ideally willing obedience; and (4) that for this limited and reshaped value to be secured, such obedience must be manifested not only in regard to a constitution’s laws, but also to the magistrates who hold office within it.  相似文献   
30.
    
ABSTRACT

In this article, I argue that resistance and radical democracy can be used to the good of representative democracy. I submit that resistance is about the popular power – the freedom as power – to create better institutions. I argue that the conflict and resistance that is at the core of radical democracy enables freedom and democracy and resists domination best if it is institutionalized. This counterintuitive claim is substantiated by an argument for freedom as power through representation and how the power to resist is linked to at least four domains of freedom. This builds on the work of Machiavelli, Marx and Foucault, amongst others, and insights drawn from resistance struggles across the globe. I end by proposing institutional changes to representative democracy that, I suggest, would allow us to conceive of democracy as both a form of government and a constantly destabilizing transgressive practice.  相似文献   
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