1 From a State of War to Perpetual Peace

A bstract .   This essay examines current debates in political philosophy regarding the problems of war and peace and of human rights protection. Two contrasting approaches are analyzed: one represented by "democratic peace" theories, and the other by the movement for a cosmopolitan order. At the heart of both approaches are conflicting interpretations of Kant's political philosophy, especially his project of "perpetual peace." An analysis of M. Doyle's recent conception of "liberal democratic peace" shows the flaws in his justification of the tendency of liberal states to be war-prone toward nonliberal states. Alternatively, the development of Kant's ideas in the theories of "discourse ethics" (K. O. Apel and J. Habermas) and "cosmopolitan democracy" confirms the relevance of Kant's cosmopolitan ideal to current discussions about peace and human rights. The analysis also affirms that the true solution to the problems of securing peace and protecting human rights can only be achieved by peaceful means, based on international law with the United Nations as its legitimate political representation.     

2 Discourse Ethics, Democracy, and International Law: Toward a Globalization of Practical Reason

A bstract .   This paper deals with the foundational "architectonics" (Kantian) at the ground of the internal relation between the three concepts raised in the title. First, I provide a short introduction into the ultimate foundation of practical philosophy by the transcendental-pragmatic conception of discourse ethics . Then, I discuss the foundational relation between discourse ethics , positive law , and democracy as a constitutional state of law . Finally, I explore the foundational relation between human rights as part of universal law, the democratic state of law, and international law or jus gentium . By taking issue with Kant, Habermas, and Rawls, I try to show that a rational foundation of ethics, as well as a rational approach to the traditional problems of international law, is only possible through a critical transformation of Kant's approach via a transcendental-pragmatic conception of discourse ethics.     

7 A Cultural Critique of Cultural Relativism

A bstract .   This chapter explores a certain line of critical analysis according to which one can proceed to undermine the claim that judgments approving freedom, and standards upholding human rights, are culturally relativistic and cannot possibly have any universal validity. This exploration begins with a scrutiny of common assumptions about the nature of culture itself. The author tries to demonstrate that common misunderstandings of culture have provided ammunition to cultural relativists. Seeking clarity helps strengthen the philosophical objections to normative cultural relativism. The author refers to such a line of analysis as the "cultural critique of cultural relativism."     

3 Rethinking Global Justice from the Perspective of All Living Nature and What Difference it Makes

A bstract .   I begin this chapter with an account of what is deserved in human ethics, an ethics that assumes without argument that only humans, or rational agents, count morally. I then take up the question of whether nonhuman living beings are also deserving, and I answer it in the affirmative. Having established that all individual living beings, as well as ecosystems, are deserving, I go on to establish what it is that they deserve and then compare the requirements of global justice when only humans are taken into account with the requirements of global justice when all living beings are taken into account. I argue that the more adequate global justice that takes into account all living beings imposes some additional obligations on us that are absent from a less defensible human-centered global justice, but not as many as one might initially think.     

8 Culture, Evil, and Horror

A bstract .   This chapter develops a concept of aesthetic and existential horror and suggests its importance for understanding modern and postmodern culture. It makes three distinct claims. First, the experience of horror signifies a breakdown in the symbolic categories and valuations of a culture. Second, this experience has ontological significance because in horror the human is exposed to the naked fact of being. This latter point is derived from Heidegger's comments on anxiety and Emmanuel Levinas's notion of the " il y a " or "there is." A third claim follows from these two, namely, that horror is distinct from evil. Evil is defined within a cultural matrix; horror is the undefined other of a culture. Evil represents the negation of being; horror shows the sickening presence of being as being. The essay concludes with a reflection on the possibility of a postmodern ethics that takes responsibility for the "horrors of being" generated by globalization.     

6 Does Kant Have Anything to Teach Us about Environmental Ethics?

A bstract .   Immanuel Kant's thought typically is represented as hostile to environmental concerns, but his aesthetics offers significant resources for environmental ethics. His account of the disinterestedness of taste raises the possibility of a manner of motivating a noninstrumental and responsive—rather than self-interested and consumerist—attitude toward nature. The aesthetic consciousness thus can help situate us within rather than pit us against the natural world. Kant's thinking about the beautiful and the sublime point to an ambiguous conception of subjectivity, a picture of the subject who experiences itself both as immersed within a meaningful world and as raised above a world to which it is morally superior. Such a conception may orient investigations in environmental philosophy by providing a more realistic view of the relationship between human beings and nature than do either dualistic or monistic theories.     

11 A Rediscovery of Heaven-and-Human Oneness

A bstract .   The history of Chinese intellectual thought shows a constant and continuous probing into the chiasmatic encounters between tian (heaven or nature) and ren (humankind). This is conducive, in turn, to a core conception of tian ren heyi (heaven-and-human oneness) that largely embodies the general ethos or Geist of Chinese philosophy. Owing to its functional indication and dynamic character, the polysemy of the conception is apt to be extended along with the passage of time and according to the current situation or sociocultural context. At the present day, there is a tendency to rediscover the relevance of "heaven-and-human oneness" by reading new and even modern messages into the old conception. This has become an open-ended activity, inviting and involving a second reflection, transcultural exposition, and even creative transformation due to its hidden universality for the common good. This chapter attempts to look into the essential bearings of this "heaven-and-human oneness" concept employed as a Dao ( Tao or Way) to deal with the interaction between nature and humanity. It also explores the complex history of the concept, with a particular reference to Li Zehou's recent reinterpretation as well as my own personal understanding. Some contemporary pragmatic implications of the concept are also examined with particular reference to eco-environmental concerns.     

工程索赔在项目施工中的应用

工程索赔在国际建筑市场上是承包商保护自身正当权益、弥补工程损失、提高经济效益的重要且有效的手段。现对工程索赔在项目施工中的应用进行简要论述。     

10. The Universal Concept of Human Rights as a Regulative Principle: Freedom Versus Paternalism

This essay examines the current debates regarding the politics of human rights. The universal concept of human rights is considered as a regulative principle for the possible critique of any state, including a democratic one. Moreover, the philosophical justification of the universal regulative principle for evaluating these states is vital for progressive political change and for the politics of human rights. At the heart of the analysis is Kant's concept of human rights as freedom. It is opposed to a more utilitarian interpretation of rights and political paternalism. Kant's philosophy helps us to better understand the meaning of the definition of human rights as inherent, sacred, and inalienable, as formulated by Thomas Jefferson in the Declaration of Independence. Kant makes these meanings explicit, and he elaborates on the moral-philosophical explanations of humanitarian rights. His philosophy of law was developed in a process of a systematic criticism of political paternalism (which is the flip side of dependence). Kant developed his definition of individual freedom in opposition to authoritarian paternalism, utilitarian arbitrariness, and the "despotism of paternalistic benevolence." The categorical imperative is threefold: the imperatives of morality, right, and peace. Thus it could be interpreted as "the categorical imperative of peace." The analysis shows the ongoing relevance of Kant's ideas and their recent development by the theorists of "discourse ethics" and of "cosmopolitan democracy." It affirms that the solution to the problems of securing peace and protecting human rights can only be achieved by peaceful means, based on the international rule of law.     

浅析人肉搜索与个人隐私权保护

近年来,在互联网领域出现的"人肉搜索"现象,已经受到人们越来越多的关注。"人肉搜索"作为一种信息搜索工具,结合了现代网络技术与传统检索的优点。它从虚拟社区向现实世界的这次跳跃,得到的并不仅仅是掌声,还有质疑甚至恐俱。一方面,它具有一定的社会舆论监督意义;另一方面,它往往会涉及侵害个人的隐私权以及侵犯公民的其他正当权益。因此,在保护公民合法权益的同时,发挥"人肉搜索"的正面作用,并对其加以理性约束,具有重要的理论和现实意义。     

政府采购协议与招标投标法之间的冲突与解决对策

文中将《政府采购协议》与《招标投标法》作对比,对两者在招标投标的范围、方式、程序、参与人的权利以及义务进行分析,对我国的招标投标的制度提出意见和建议。     

9. Human Rights: Historical Learning in the Shadow of Violence

This paper emphasizes the historical dimension of human rights understood as a social ethic. Rather than timeless principles, human rights and the universality proper to them emerge in a process of suffering, conflict, political assertion, and institutional change. We can understand them as historical yet also universal by seeing that human rights arise in processes of social learning that take place in an increasingly globalized world. Such learning often has advanced in the face of dramatic violence, for example, the bombing of Hiroshima. But the demands on a global social ethic today are not only a matter of responding to threats and acts of dramatic violence in isolation. Attention to the example of Hiroshima suggests that the problem of violence is bound up with other questions about the regulation of emerging technical powers in a context of inequality and social conflict. To what extent can an ethic centered on human rights provide an ethics that can inform effective responses to these problems? To consider the promise of human rights, we look more closely at the kind of social learning they involve and explore in particular the role of social movements in forging new identities and reciprocities along with normative claims proper to a global public sphere (the anti‐apartheid movement provides an example). We go on to see that these political experiences can inform interpretations of historical experience that can inform a widened sense of historical possibilities, both those missed in the past and those that confront us today. While this argument may thicken our sense of the promise of a human rights ethic, it remains speculative, not least because of the limited effectiveness of these norms in practice today. We close with the suggestion that nonetheless a coherent ethical response is possible, one that in the wealthy parts of the globe might take the form of an ethic of democratic responsibility. This would both represent a distinctive kind of learning and perhaps contribute to a wider advance of human rights.     

Henry George on Property Rights: Reply to John Pullen

John Pullen argues that Henry George's proposal to "make land common property" is inconsistent with his proposal to tax rent. This reply argues that George's two formulations are consistent, and that Pullen has confused common property with state property. On the other hand, Pullen's conception of property as composed of a "basket of rights" focuses attention on the question of whether, as trustee of the common property, a Georgist regime should be understood to have certain rights (and obligations) to constrain private land use decisions.     

基层工会促进女教职工体面劳动实现的实践与思考

使广大劳动者得以体面劳动是体现劳动者尊严的具体实践,是和谐社会不断健康发展的新要求,是新时期对工会工作的新要求。三峡大学仁和医院工会以《工会法》为灵魂,积极探索新思路,真正代表实践好维护好女教职工的合法权益,促进女教职工体面劳动的实现。     

The ‘Urban Age’ in Question

Foreboding declarations about contemporary urban trends pervade early twenty‐first century academic, political and journalistic discourse. Among the most widely recited is the claim that we now live in an ‘urban age’ because, for the first time in human history, more than half the world's population today purportedly lives within cities. Across otherwise diverse discursive, ideological and locational contexts, the urban age thesis has become a form of doxic common sense around which questions regarding the contemporary global urban condition are framed. This article argues that, despite its long history and its increasingly widespread influence, the urban age thesis is a flawed basis on which to conceptualize world urbanization patterns: it is empirically untenable (a statistical artifact) and theoretically incoherent (a chaotic conception). This critique is framed against the background of postwar attempts to measure the world's urban population, the main methodological and theoretical conundrums of which remain fundamentally unresolved in early twenty‐first century urban age discourse. The article concludes by outlining a series of methodological perspectives for an alternative understanding of the contemporary global urban condition.     

新《保险法》约束下保险公司面临的新风险和新挑战

在详细分析新《保险法》对保险需求者的合法权益保障条款,及其对保险人特别是分支机构、保险中介人的经营行为模式提出的新挑战基础上,提出了认真学习并遵从新法相关要求,改革投保单和投保询问流程、建立健全存量保单定期轮动审核机制、加强对代理人展业行为控制等对策建议,以加强操作风险管理,增强合规经营意识,降低各类风险的发生概率。     

Confucianism,Moral Equality,and Human Rights: A Mencian Perspective

This paper attempts to show the compatibility between Confucianism and human rights, first by revisiting the moral philosophy of Mencius, a key founder of the Confucian tradition, then by reconstructing the Mencian‐Confucian idea of human rights from the perspective of his moral philosophy. One of my central claims is that not only did Mencius acknowledge core human rights—socioeconomic as well as civil‐political—justified by his foundational faith in universal moral equality and human dignity, but he further understood the right to subsistence as an essential part of Confucian‐constitutional rights. Contrary to the widely received notion that in Mencian‐Confucianism the right to subsistence has an overriding value vis‐a‐vis civil‐political rights, I argue that Mencius (and Confucians in general for that matter) never stipulated such a lexical ranking among rights. I conclude by discussing how the type of Confucian moral reasoning that Mencius employs in justifying the moral value of human rights can be re‐appropriated to produce Confucian rights suitable for today. … … … … … …     

Leonhard Miksch (1901–1950)

A bstract    German economist Leonhard Miksch's ideas on ordoliberalism have so far received little attention in the history of economic thought. This is surprising, as Miksch provides insights into the debates within the so-called "Freiburg School of Law and Economics" in its early phase and, moreover, gave impulses that were essential to the further development of this economic approach. In addition, as a close advisor to Ludwig Erhard, the "political father" of the German "Social Market Economy," his influence on German postwar economic policy was considerable.     

失地农民权益流失的政府责任——基于委托代理理论的博弈分析

随着我国国民经济高速发展,农地非农化的速度达到了前所未有的程度。强制性的政府征地行为,一方面有效保障了城市建设的土地供给;但另一方面也严重侵害了失地农民的权益。所以要研究我国失地农民问题,就必须将政府作为一重要研究对象。从中央与地方政府之间委托代理的角度,分析问题,以期为完善政府行为、保障失地农民合法权益提供有益的参考。