论我国《合同法》关于违约金责任的规定

违约金是一种重要的违约责任的实现方式。自《合同法》颁布以来,理论界和司法实践中,围绕着《合同法》第114条关于违约金责任的规定进行了激烈的争论,至今未形成一致的意见。本文认为,我国《合同法》中的约定违约金,既具有惩罚性也具有赔偿性。两种不同性质的违约金与损害赔偿、定金等违约责任的其他承担形式的关系也各自不同。应当承认存在单纯的惩罚性违约金,立法上应当清楚地界定两种性质违约金的区别,以消除理论认识上的矛盾和司法实践中的混乱。     

农村党的先进性建设必须把发展党员工作作为重要内容

农村基层党的组织是我们党执政的组织基础。要使这个组织体现先进性,为建设社会主义新农村提供强有力的组织保证,必须着力加强农村基层党组织和党员队伍建设,把发展党员工作作为重要内容,努力建立一支结构合理的党员队伍,以保证农村党的队伍主体的先进性。     

俱乐部的性质与最佳规模研究

本文旨在对公共选择学派的俱乐部理论做一简要介绍并将其引入到俱乐部的经营管理当中;借助俱乐部经济理论分析了俱乐部的性质,介绍了俱乐部会员的流动经营模式,并探讨了俱乐部最佳规模的界定模型,包括布坎南的“内俱乐部理论”与蒂博特的“用脚投票”理论。     

关于旅游学几个基本理论问题的思考

从旅游学的理论构成和形成特点看,旅游学属交叉科学;从旅游学的作用和功能看,旅游学又是一门软科学。旅游学的研究对象是旅游系统,具有交叉性、综合性、系统性、群体性和实践性等特点。旅游学的学科体系可以有多种分类。若按学科划分的规范方法,旅游学可以划分为旅游基础理论和旅游应用理论两部分。     

良渚文化漆器初探

漆器是良渚文化的重要器类之一,本文从胎质、漆色、髹饰技法和纹饰等方面梳理了良渚文化漆器的工艺特征,并根据出土单位认为墓葬出土的漆器应为仪式用具,填嵌玉石的漆器可能是财富和身份的一种标志,非墓葬单位出土的漆器应为生活用具。良渚文化漆器制作技术继承了长江下游更早的史前文化漆工艺,并有较大的创新与进步。     

Rationalization and Conservation: Ecology and the Management of Nature in the United Kingdom

Nature conservation in the UK comprises not only a response to the perceived impacts of rationalization on nature but is itself a dimension of that process of rationalization. The paper describes the development of conservation institutions and ideologies in the UK and considers the ways in which ecology (and particularly ideas of nature as equilibrium) have provided the intellectual framework for conservation. Ecology underpinned the establishment of government conservation institutions, provided intellectual strategies for classifying and objectifying nature, and provided the knowledge base for the control and management of nature. The paper discusses the implications of non-equilibrial ideas in ecology for ideas and practice in conservation and the implications of responses to them in the form of re-rationalization.     

The tropical backyard: performing environmental difference

This paper extends debates investigating the importance of domestic yards and gardens in shaping identities and the everyday practices and performances of human–nature interaction in a tropical city. It presents findings from a pilot study investigating backyards in a small but ethnically diverse neighbourhood in Cairns, Australia—a site that raises questions about the normative constructions of “nature” in much of the literature. The paper explores how Cairns residents make sense of their backyards, especially in terms of how they relate to them as “tropical”. Living in Cairns means managing excess water during the rainy season, dealing with new kinds of pests, and being critically conscious of the temperate bias of Australian garden retailers and house/garden magazines. The paper frames these experiences within a longer tradition of tropicality or a (western) way of making sense of/imagining tropical regions and environmental difference. In so doing, it opens up a new cultural geography of the suburbs, displaces normative constructions of “nature” and shows how the legacies of European colonialism still play out in a dominant Australian culture.     

Does Nature Pluralize?

Abstract

In this article, I argue against understanding and treating nature as external. Arguing against such externality of nature, I suggest that the human situation is best understood by reference to postnatural right. As abstract and revolutionary, such right is critical, leveling, and teleological. This forms the basis of a formative metaphysics that I proceed to test against the concept of the common good and a recent theological engagement with climate change. At the conclusion, I argue that the plurality of nature recommends understanding society as a “greater society” that in turn has implications for how we think about civil society.     

Neoliberal Capitalism and Conservation in the Post‐crisis Era: The Dialectics of “Green” and “Un‐green” Grabbing in Greece and the UK

“Green‐grabbing”, in which environmental arguments support expropriation of land and resources, is a recognized element in neoliberal conservation. However, capitalism's strategic interest in promoting the neoliberalization of conservation is accompanied by attempts to exploit hitherto protected natures without any pretence at “greenness”. In this paper we explore the dialectics between “green” and “un‐green” grabbing as neoliberal strategies in the reconstruction of nature conservation policies after the 2008 financial “crash” in Greece and the UK. In both countries, accelerated neoliberalization is manifested in diverse ways, including initiatives to roll back conservation regulation, market‐based approaches to “saving” nature and the privatization of public nature assets. The intensification of “green” and “un‐green” grabbing reflects capitalism's strategic interest in both promoting and obstructing nature conservation, ultimately leaving for “protected natures” two choices: either to be further degraded to boost growth or to be “saved” through their deeper inclusion as commodities visible to the market.     

THE 2013 ANTIPODE RGS‐IBG LECTURE New Materialisms and Neoliberal Natures

The rise of non‐deterministic understandings of nature, with their emphasis on intensive difference and non‐linear processes, has occurred in conjunction with the neoliberalization of environmental governance, which at once emphasizes and financializes the inherent productivity of nature. This paper accepts the position that there is a link between the two, but argues that if we are to maintain a crucial ontological distinction between capital and non‐capital, this link must be understood as contingent rather than necessary. Drawing upon Deleuze and Guattari's concept of “universal history”, I argue that the neoliberalization of nature must be understood, in part, as the strategic containment of the critical energies of new materialist thought, and that the role of critical historiography is to recognize within processes of containment the contents and qualities of more radical possibilities. If such critical efforts are to succeed they must continually distinguish between nature's innovative force and the mechanisms that seek to capture this force in the service of capital and state. In turn, if we are to remember the radical potential of these ideas, the neoliberalization of nature must be understood as a response to these critical energies, and not their origin.