Space is both a product and a producer of social relations.In the spatial domain,gender blindness has long existed,limiting women’s rights of access to and use of space,leading to structural oppression of women’s ri...Space is both a product and a producer of social relations.In the spatial domain,gender blindness has long existed,limiting women’s rights of access to and use of space,leading to structural oppression of women’s rights,and giving rise to new gender inequalities.The barrier-free environment construction has the functions of eliminating physical barriers and generating societal norms,and when combined with social changes,can facilitate justice correction across multiple dimensions.However,barrier-free environment construction itself,as a means of justice correction,also suffers from gender blindness.There remains room for improvement in the areas of facility construction,information exchange,and social services within the realm of barrier-free environments.In response to this phenomenon,gender equality offers a new critical perspective.Therefore,integrating a gender perspective into the barrier-free environment construction,focusing on the spatial rights of women,especially groups with multiple vulnerabilities,such as disabled women and elderly women,can contribute to the advancement towards spatial justice.展开更多
Online criminal litigation transcends the constraints of physical time and space and changes the logic and path of trial hearings for some criminal cases with the help of technology.However,the leapfrog shift from the...Online criminal litigation transcends the constraints of physical time and space and changes the logic and path of trial hearings for some criminal cases with the help of technology.However,the leapfrog shift from the“physical field”to the“virtual field”has brought great challenges to the effective exercise of the defendant's right to defense.Online criminal justice further highlights the imbalance in the relationship between prosecution and defense in the context of smart justice,and proposes a new topic for protecting the human rights of the prosecuted.The introduction of online criminal litigation in judicial practice is intended to achieve justice in a faster and more convenient way.However,the dissipation of the ritualized remote hearings tends to undermine the effectiveness of the defense and impair the defense's ability to cross-examine evidence,while the technically advantageous public authorities can aggravate the barrier to the defense's meeting and reading the case file.The root cause is that technological power instrumentalism overemphasizes pragmatism and the pursuit of truth under the position of authority,thus diluting humanistic care for the subject of litigation.In order to resolve the problem with the quality and effectiveness of the right to defense in remote hearings,it is necessary to transform online criminal litigation from a“practical technical tool”to a“convenient auxiliary method,”and appropriately weigh the limits of pursuing truth against human rights protection in special scenarios.Meanwhile,it is also feasible to provide technical care for the defense and strengthen its ability to cross-examine evidence.Moreover,a covert communication platform should be furnished for the defender's online meeting to actively strengthen the protection of the defendant's right to defense.展开更多
In this essay,it will be examined how music can be a powerful tool in multicultural education in promoting humanity and cultural sensitivity.As classroom diversity increases,the challenge lies with educators to ensure...In this essay,it will be examined how music can be a powerful tool in multicultural education in promoting humanity and cultural sensitivity.As classroom diversity increases,the challenge lies with educators to ensure that an equal and appropriate learning environment for all students with cultural sensitivity is maintained.To address this problem,therefore,the study explores how music may be effectively incorporated into intercultural education approaches.This paper has evidence that music is a language that has transcended cultures and promotes tolerance,appreciation,and acceptance of diversity through a synthesis of literature and examples.Several implications posit that music can make people feel they belong,enhance the relations of people from diverse cultures,and provide a practical way of learning about other cultures.The potential of music as a tool to engage social justice issues and liberate oppressed groups is also discussed in this research.It exists,but with caution to cultural appropriation and stereotyping of students,thus requiring educators to be sensitive and socially-apperceived on the best practice ways on how to integrate music into classrooms.The end explains how music helps in nurturing a generation of embracing the world,more sensitive and more inclined to the happenings in society to create a society that will be more sensitive and tolerant with the growing society which is diversifying.Therefore,the current article recommends further exploration and development of music-facilitated/inclined pedagogy of ME in hopefully enhancing cultural consciousness/sensitivity and fostering more social integration.展开更多
To have a clean, safe, and functional environment is not only essential for the purpose of preservation, but also imperative for safeguarding the most fundamental of human rights. Resolution 45/94 of the United Nation...To have a clean, safe, and functional environment is not only essential for the purpose of preservation, but also imperative for safeguarding the most fundamental of human rights. Resolution 45/94 of the United Nations (UN) General Assembly also stresses and acknowledges that: “all individuals are entitled to live in an environment adequate for their health and wellbeing” (United Nations Digital Library System, 1991). Environmental and climate justice, which: “emerged in the context of the local environmental struggles of directly oppressed groups”, is a global movement dedicated to ensuring equal protection of people’s human rights (i.e., water, health, life, etc.) in the face of the climate crisis. Moreover, health, environment and human rights are part of the 2030 agenda (in particular, SDG 1, SDG 5, SDG 6, SDG 7, SDG 13, SDG 16, SDG 17). Individually, both environmental and climate justice are rooted in an intersectional outlook, by which they highlight the common threads between communities and the people’s inclusion, irrespective of race, class, or gender, in the pursuit of justice. On the other hand, they recognise and acknowledge the role and consequences of climate change in economic, social, and political dimensions;thus, drawing emphasis on the rights of people under the emerging inequities. In the case of Palestine, the Palestinian community is increasingly becoming vulnerable to these effects and the resulting inequalities of climate change. This vulnerability stems from: 1) The right to life;clean WASH;equitable work opportunities;access to resources;and free movement;are all examples of human rights that the Israeli colonial regime infringes upon;2) Infrastructure is essential for climate adaptation: 61% of the West Bank is ultimately barred from building infrastructure (B’Tselem, 2019) and Gaza Strip has major gaps in infrastructure due to intentional destruction by Israel;3) Palestinian deprivation of the sovereign right to natural resources by Israel;4) Apartheid system in water accessibility: Israeli water usage per person is over three times higher than that of Palestinians (their usage is under the WHO recommended minimum per day) (B’Tselem, 2023);and 5) Violent settler attacks. In 2022 alone, the Applied Research Institute-Jerusalem (ARIJ) recorded 1527 settler attacks that targeted land, properties, livestock, agriculture and even Palestinian civilians. The ongoing neglect of these concerns and the persistent colonization of Palestine by Israel unequivocally and unwaveringly affect the human rights of Palestinians. The power dynamics at play especially hamper the Palestinian ability to exercise and fulfill their inalienable human rights and to tackle the obstacles to justice in their environment.展开更多
The traditional mainstream of political philosophy establishes its thoughts on the subjectivity of“I”,which also formats its ethics of justice and freedom on the ground of selfness for itself and by itself.Political...The traditional mainstream of political philosophy establishes its thoughts on the subjectivity of“I”,which also formats its ethics of justice and freedom on the ground of selfness for itself and by itself.Political philosophers also incline to generalize and neutralize in labelling persons into the abstract concepts which ignore their particularity and diversity;as a result,this led to devastative consequence politically for the other,and also jeopardized the“I”.Hence Emmanuel Levinas provides his solution to this dilemma in an attempt to put the ethics of justice on the ground of the other.Justice for the other is the starting point for the political ethics.The other is the absolute infinity which cannot be encompassed by any conceptual generalization.It is otherness of the other that actually constitutes the selfness of“I”.The freedom of the other guarantees the freedom of“I”.Human being is initially ethical being.Justice for the other is the real foundation in securing justice for“I”.This mutual horizon of the other and I has primitive implication for the genuine ethics.展开更多
In the developmental dilemma of artificial intelligence(AI)-assisted judicial decision-making,the technical architecture of AI determines its inherent lack of transparency and interpretability,which is challenging to ...In the developmental dilemma of artificial intelligence(AI)-assisted judicial decision-making,the technical architecture of AI determines its inherent lack of transparency and interpretability,which is challenging to fundamentally improve.This can be considered a true challenge in the realm of AI-assisted judicial decision-making.By examining the court’s acceptance,integration,and trade-offs of AI technology embedded in the judicial field,the exploration of potential conflicts,interactions,and even mutual shaping between the two will not only reshape their conceptual connotations and intellectual boundaries but also strengthen the cognition and re-interpretation of the basic principles and core values of the judicial trial system.展开更多
In a local context, sustainable development entails utilizing the current resources—material and immaterial, measurable and immeasurable, popular and unpopular—of the community in a manner that avoids overexploitati...In a local context, sustainable development entails utilizing the current resources—material and immaterial, measurable and immeasurable, popular and unpopular—of the community in a manner that avoids overexploitation and ensures intergenerational equity. This approach prioritizes the safety and health of local citizens, placing communal productivity above corporate profitability. This research aims to assess air quality surrounding 28 chemical industry sites in Baton Rouge, Louisiana, to understand the environmental and health impacts of industrial pollutants, with a focus on environmental justice. Air quality pollutants, including PM2.5, PM10, O3, NO2, CO, and SO2, were monitored for 75 days during the Summer, using the BreezoMeter app. Python, Mapize, and QGIS software technologies were utilized for data analysis and visualization. Findings indicate a reduction in NO2 and CO levels, compared to existing literature. However, the persistent challenge of particulate matter suggests areas for further environmental management efforts. Additionally, the research suggests a significant disparity in air pollution exposure, probably affecting marginalized communities. Although the nature of the study might not fully capture annual pollution trends, the findings highlight the urgent need for the chemical industry to adopt efficient production methods and for policymakers to enhance air quality standards and enforcement, particularly in pollution-sensitive areas. The disproportionate impact of air pollution on vulnerable communities calls for a more inclusive approach to environmental justice, ensuring equitable distribution of clean air benefits and community involvement in pollution management decisions.展开更多
The medical device and pharmaceutical industries include a range of drugs,machines,instruments,and apparatuses used to prevent,diagnose,treat disease and illness,or aid in rehabilitation for patients,and are expected ...The medical device and pharmaceutical industries include a range of drugs,machines,instruments,and apparatuses used to prevent,diagnose,treat disease and illness,or aid in rehabilitation for patients,and are expected to grow substantially in the coming years.However,they are often targets of criminal organizations who manufacture and profit from fraudulent products,infiltrating the market with counterfeit medical supply chains.In this paper,we discuss and analyze the extent and nature of this problem and make suggestions for mitigation and prevention of this worldwide challenge.Ultimately,we argue that a holistic approach is essential to addressing this problem,including the creation and dissemination of reliable and good quality data,developing healthcare systems to be more robust,establishing/enhancing intra‐and international cooperation around this issue,and employing effective technological solutions,such as digital tracing.展开更多
不列颠哥伦比亚司法学院(以下简称学院)(Justice Institute of British Columbia)始建于1978年,是加拿大以司法与警察教育为主的高等院校,尤其在警察教育、职业培训及科研方面走在加拿大高等教育的前列,并具有广泛的国际影响。每年...不列颠哥伦比亚司法学院(以下简称学院)(Justice Institute of British Columbia)始建于1978年,是加拿大以司法与警察教育为主的高等院校,尤其在警察教育、职业培训及科研方面走在加拿大高等教育的前列,并具有广泛的国际影响。每年有25,000余人1在学院的六个校区及遍布于世界各地的170个教学点学习深造。教育项目包括证书班(certificates),文凭班(diplomas),学士学位班(bachelor’sdegrees),硕士证书班(graduatecertificates),展开更多
At present,the publicity and education activities are being carried out in whole society to gather positive energy to achieve the social goal of building a well-off society.Development and justice are the proper meani...At present,the publicity and education activities are being carried out in whole society to gather positive energy to achieve the social goal of building a well-off society.Development and justice are the proper meaning to realize China dream.Undoubtedly,it has practical and theoretical significance to give a profound explanation and interpretation about the value orientation to realize China dream from the view of development and justice.This is what the article will elaborate.展开更多
The order of western rule-of-law is always the sample of the construction of Chinese rule-of-law,but the spirit of western legal system,which is embodied as rule-of-law,right-equality,and rule-by-good-law,is correlate...The order of western rule-of-law is always the sample of the construction of Chinese rule-of-law,but the spirit of western legal system,which is embodied as rule-of-law,right-equality,and rule-by-good-law,is correlated inherently with certain natural and social condition.Human nature theory of naturalism,the contract-ethics,and justice are the ethical foundations of Western law,and the idea of people-oriented,whose contents includes human's homony and happiness,always acompany with the western development history of rule-of-law.We should adhere the sense that people should abide by and respect law,and the law should constitute a kind of healthy and harmony interpersonal relationships and free and creative living-style.展开更多
Montesquieu’s equity theory is not only the reflection of sharp confrontation between French bourgeoisie and despotism in the middle period of 18thcentury,but also is the continual caused by British Bacon’s experime...Montesquieu’s equity theory is not only the reflection of sharp confrontation between French bourgeoisie and despotism in the middle period of 18thcentury,but also is the continual caused by British Bacon’s experimentalism and French Descartes’s rationalism,etc.Montesquieu acutely criticized the decayed social order of feudalism,but also showed his compromising,mild,and rigorous character because the revolution had not succeeded yet.Montesquieu considers that"law"exists in anything as well as the beginning and end of human society.The spirit of"natural law"is"peace";the spirit of"man-made law"is"equality".However,in society and country,equality and freedom are lost easily,so they need to be guaranteed by the spirit and power of law.Therefore,not only"virtue","simplicity","restraint",and"toleration",etc.are required,but also power balance is needed.展开更多
Mediation is becoming more and more important in the process of settling conflict nowadays,so it’s quite necessary to explain the legal value of mediation from the view of jurisprudence.
19世纪,萨维尼(Savigny)法律关系本座说的理论已成为冲突法界的普遍正义。虽追随者众多,然而猛烈抨击者也不乏其人。20世纪后期,美国国际私法革命的悍将荣格(Friedrich K.Junger)教授所著的《法律选择与多州正义》(Choiceof Law and Mul...19世纪,萨维尼(Savigny)法律关系本座说的理论已成为冲突法界的普遍正义。虽追随者众多,然而猛烈抨击者也不乏其人。20世纪后期,美国国际私法革命的悍将荣格(Friedrich K.Junger)教授所著的《法律选择与多州正义》(Choiceof Law and Multistate Justice)一书可谓集大成者。本书分为五章:第一章为"展开更多
James Fenimore Cooper is a very famous and popular writer in America who is the founder of the America literature on romanticism, so he is called the first American novelist. In 1820, Cooper publishes his first novel,...James Fenimore Cooper is a very famous and popular writer in America who is the founder of the America literature on romanticism, so he is called the first American novelist. In 1820, Cooper publishes his first novel, from then on he publishes over 50 novels altogether. The characters we are talking about are from one of his best known novels"The Last of the Mohicans",the second part of The Leatherstocking Tales which is his most famous and influencing novel. Through the novel, the author believes that the process of the early American movement towards the west is actually a process of massacre of American Indians.The article points out that James Fenimore Cooper has sympathy with American Indians, but at the same time showing his ambiguities on many issues.展开更多
基金the stagedresult of “General Secretary Xi Jinping’s Expositions on Respecting and Protecting Human Rights”(Project Approval Number 22ZD004)a major project of the National Social Science Fund of China。
文摘Space is both a product and a producer of social relations.In the spatial domain,gender blindness has long existed,limiting women’s rights of access to and use of space,leading to structural oppression of women’s rights,and giving rise to new gender inequalities.The barrier-free environment construction has the functions of eliminating physical barriers and generating societal norms,and when combined with social changes,can facilitate justice correction across multiple dimensions.However,barrier-free environment construction itself,as a means of justice correction,also suffers from gender blindness.There remains room for improvement in the areas of facility construction,information exchange,and social services within the realm of barrier-free environments.In response to this phenomenon,gender equality offers a new critical perspective.Therefore,integrating a gender perspective into the barrier-free environment construction,focusing on the spatial rights of women,especially groups with multiple vulnerabilities,such as disabled women and elderly women,can contribute to the advancement towards spatial justice.
基金the phased result of the Humanities and Social Science Research and Planning Fund Project of the Ministry of Education,titled“Research on Online Dispute Resolution Mechanisms:Theory,Rules,and Practice”(22YJA820036)Research Project on the Historical and Cultural Heritage,Essential Connotation and Mission of the Era of China’s Human Rights Development Path of the Beijing Research Center of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era(23LLFXA055)。
文摘Online criminal litigation transcends the constraints of physical time and space and changes the logic and path of trial hearings for some criminal cases with the help of technology.However,the leapfrog shift from the“physical field”to the“virtual field”has brought great challenges to the effective exercise of the defendant's right to defense.Online criminal justice further highlights the imbalance in the relationship between prosecution and defense in the context of smart justice,and proposes a new topic for protecting the human rights of the prosecuted.The introduction of online criminal litigation in judicial practice is intended to achieve justice in a faster and more convenient way.However,the dissipation of the ritualized remote hearings tends to undermine the effectiveness of the defense and impair the defense's ability to cross-examine evidence,while the technically advantageous public authorities can aggravate the barrier to the defense's meeting and reading the case file.The root cause is that technological power instrumentalism overemphasizes pragmatism and the pursuit of truth under the position of authority,thus diluting humanistic care for the subject of litigation.In order to resolve the problem with the quality and effectiveness of the right to defense in remote hearings,it is necessary to transform online criminal litigation from a“practical technical tool”to a“convenient auxiliary method,”and appropriately weigh the limits of pursuing truth against human rights protection in special scenarios.Meanwhile,it is also feasible to provide technical care for the defense and strengthen its ability to cross-examine evidence.Moreover,a covert communication platform should be furnished for the defender's online meeting to actively strengthen the protection of the defendant's right to defense.
文摘In this essay,it will be examined how music can be a powerful tool in multicultural education in promoting humanity and cultural sensitivity.As classroom diversity increases,the challenge lies with educators to ensure that an equal and appropriate learning environment for all students with cultural sensitivity is maintained.To address this problem,therefore,the study explores how music may be effectively incorporated into intercultural education approaches.This paper has evidence that music is a language that has transcended cultures and promotes tolerance,appreciation,and acceptance of diversity through a synthesis of literature and examples.Several implications posit that music can make people feel they belong,enhance the relations of people from diverse cultures,and provide a practical way of learning about other cultures.The potential of music as a tool to engage social justice issues and liberate oppressed groups is also discussed in this research.It exists,but with caution to cultural appropriation and stereotyping of students,thus requiring educators to be sensitive and socially-apperceived on the best practice ways on how to integrate music into classrooms.The end explains how music helps in nurturing a generation of embracing the world,more sensitive and more inclined to the happenings in society to create a society that will be more sensitive and tolerant with the growing society which is diversifying.Therefore,the current article recommends further exploration and development of music-facilitated/inclined pedagogy of ME in hopefully enhancing cultural consciousness/sensitivity and fostering more social integration.
文摘To have a clean, safe, and functional environment is not only essential for the purpose of preservation, but also imperative for safeguarding the most fundamental of human rights. Resolution 45/94 of the United Nations (UN) General Assembly also stresses and acknowledges that: “all individuals are entitled to live in an environment adequate for their health and wellbeing” (United Nations Digital Library System, 1991). Environmental and climate justice, which: “emerged in the context of the local environmental struggles of directly oppressed groups”, is a global movement dedicated to ensuring equal protection of people’s human rights (i.e., water, health, life, etc.) in the face of the climate crisis. Moreover, health, environment and human rights are part of the 2030 agenda (in particular, SDG 1, SDG 5, SDG 6, SDG 7, SDG 13, SDG 16, SDG 17). Individually, both environmental and climate justice are rooted in an intersectional outlook, by which they highlight the common threads between communities and the people’s inclusion, irrespective of race, class, or gender, in the pursuit of justice. On the other hand, they recognise and acknowledge the role and consequences of climate change in economic, social, and political dimensions;thus, drawing emphasis on the rights of people under the emerging inequities. In the case of Palestine, the Palestinian community is increasingly becoming vulnerable to these effects and the resulting inequalities of climate change. This vulnerability stems from: 1) The right to life;clean WASH;equitable work opportunities;access to resources;and free movement;are all examples of human rights that the Israeli colonial regime infringes upon;2) Infrastructure is essential for climate adaptation: 61% of the West Bank is ultimately barred from building infrastructure (B’Tselem, 2019) and Gaza Strip has major gaps in infrastructure due to intentional destruction by Israel;3) Palestinian deprivation of the sovereign right to natural resources by Israel;4) Apartheid system in water accessibility: Israeli water usage per person is over three times higher than that of Palestinians (their usage is under the WHO recommended minimum per day) (B’Tselem, 2023);and 5) Violent settler attacks. In 2022 alone, the Applied Research Institute-Jerusalem (ARIJ) recorded 1527 settler attacks that targeted land, properties, livestock, agriculture and even Palestinian civilians. The ongoing neglect of these concerns and the persistent colonization of Palestine by Israel unequivocally and unwaveringly affect the human rights of Palestinians. The power dynamics at play especially hamper the Palestinian ability to exercise and fulfill their inalienable human rights and to tackle the obstacles to justice in their environment.
文摘The traditional mainstream of political philosophy establishes its thoughts on the subjectivity of“I”,which also formats its ethics of justice and freedom on the ground of selfness for itself and by itself.Political philosophers also incline to generalize and neutralize in labelling persons into the abstract concepts which ignore their particularity and diversity;as a result,this led to devastative consequence politically for the other,and also jeopardized the“I”.Hence Emmanuel Levinas provides his solution to this dilemma in an attempt to put the ethics of justice on the ground of the other.Justice for the other is the starting point for the political ethics.The other is the absolute infinity which cannot be encompassed by any conceptual generalization.It is otherness of the other that actually constitutes the selfness of“I”.The freedom of the other guarantees the freedom of“I”.Human being is initially ethical being.Justice for the other is the real foundation in securing justice for“I”.This mutual horizon of the other and I has primitive implication for the genuine ethics.
文摘In the developmental dilemma of artificial intelligence(AI)-assisted judicial decision-making,the technical architecture of AI determines its inherent lack of transparency and interpretability,which is challenging to fundamentally improve.This can be considered a true challenge in the realm of AI-assisted judicial decision-making.By examining the court’s acceptance,integration,and trade-offs of AI technology embedded in the judicial field,the exploration of potential conflicts,interactions,and even mutual shaping between the two will not only reshape their conceptual connotations and intellectual boundaries but also strengthen the cognition and re-interpretation of the basic principles and core values of the judicial trial system.
文摘In a local context, sustainable development entails utilizing the current resources—material and immaterial, measurable and immeasurable, popular and unpopular—of the community in a manner that avoids overexploitation and ensures intergenerational equity. This approach prioritizes the safety and health of local citizens, placing communal productivity above corporate profitability. This research aims to assess air quality surrounding 28 chemical industry sites in Baton Rouge, Louisiana, to understand the environmental and health impacts of industrial pollutants, with a focus on environmental justice. Air quality pollutants, including PM2.5, PM10, O3, NO2, CO, and SO2, were monitored for 75 days during the Summer, using the BreezoMeter app. Python, Mapize, and QGIS software technologies were utilized for data analysis and visualization. Findings indicate a reduction in NO2 and CO levels, compared to existing literature. However, the persistent challenge of particulate matter suggests areas for further environmental management efforts. Additionally, the research suggests a significant disparity in air pollution exposure, probably affecting marginalized communities. Although the nature of the study might not fully capture annual pollution trends, the findings highlight the urgent need for the chemical industry to adopt efficient production methods and for policymakers to enhance air quality standards and enforcement, particularly in pollution-sensitive areas. The disproportionate impact of air pollution on vulnerable communities calls for a more inclusive approach to environmental justice, ensuring equitable distribution of clean air benefits and community involvement in pollution management decisions.
文摘The medical device and pharmaceutical industries include a range of drugs,machines,instruments,and apparatuses used to prevent,diagnose,treat disease and illness,or aid in rehabilitation for patients,and are expected to grow substantially in the coming years.However,they are often targets of criminal organizations who manufacture and profit from fraudulent products,infiltrating the market with counterfeit medical supply chains.In this paper,we discuss and analyze the extent and nature of this problem and make suggestions for mitigation and prevention of this worldwide challenge.Ultimately,we argue that a holistic approach is essential to addressing this problem,including the creation and dissemination of reliable and good quality data,developing healthcare systems to be more robust,establishing/enhancing intra‐and international cooperation around this issue,and employing effective technological solutions,such as digital tracing.
文摘不列颠哥伦比亚司法学院(以下简称学院)(Justice Institute of British Columbia)始建于1978年,是加拿大以司法与警察教育为主的高等院校,尤其在警察教育、职业培训及科研方面走在加拿大高等教育的前列,并具有广泛的国际影响。每年有25,000余人1在学院的六个校区及遍布于世界各地的170个教学点学习深造。教育项目包括证书班(certificates),文凭班(diplomas),学士学位班(bachelor’sdegrees),硕士证书班(graduatecertificates),
文摘At present,the publicity and education activities are being carried out in whole society to gather positive energy to achieve the social goal of building a well-off society.Development and justice are the proper meaning to realize China dream.Undoubtedly,it has practical and theoretical significance to give a profound explanation and interpretation about the value orientation to realize China dream from the view of development and justice.This is what the article will elaborate.
文摘The order of western rule-of-law is always the sample of the construction of Chinese rule-of-law,but the spirit of western legal system,which is embodied as rule-of-law,right-equality,and rule-by-good-law,is correlated inherently with certain natural and social condition.Human nature theory of naturalism,the contract-ethics,and justice are the ethical foundations of Western law,and the idea of people-oriented,whose contents includes human's homony and happiness,always acompany with the western development history of rule-of-law.We should adhere the sense that people should abide by and respect law,and the law should constitute a kind of healthy and harmony interpersonal relationships and free and creative living-style.
文摘Montesquieu’s equity theory is not only the reflection of sharp confrontation between French bourgeoisie and despotism in the middle period of 18thcentury,but also is the continual caused by British Bacon’s experimentalism and French Descartes’s rationalism,etc.Montesquieu acutely criticized the decayed social order of feudalism,but also showed his compromising,mild,and rigorous character because the revolution had not succeeded yet.Montesquieu considers that"law"exists in anything as well as the beginning and end of human society.The spirit of"natural law"is"peace";the spirit of"man-made law"is"equality".However,in society and country,equality and freedom are lost easily,so they need to be guaranteed by the spirit and power of law.Therefore,not only"virtue","simplicity","restraint",and"toleration",etc.are required,but also power balance is needed.
文摘Mediation is becoming more and more important in the process of settling conflict nowadays,so it’s quite necessary to explain the legal value of mediation from the view of jurisprudence.
文摘19世纪,萨维尼(Savigny)法律关系本座说的理论已成为冲突法界的普遍正义。虽追随者众多,然而猛烈抨击者也不乏其人。20世纪后期,美国国际私法革命的悍将荣格(Friedrich K.Junger)教授所著的《法律选择与多州正义》(Choiceof Law and Multistate Justice)一书可谓集大成者。本书分为五章:第一章为"
文摘James Fenimore Cooper is a very famous and popular writer in America who is the founder of the America literature on romanticism, so he is called the first American novelist. In 1820, Cooper publishes his first novel, from then on he publishes over 50 novels altogether. The characters we are talking about are from one of his best known novels"The Last of the Mohicans",the second part of The Leatherstocking Tales which is his most famous and influencing novel. Through the novel, the author believes that the process of the early American movement towards the west is actually a process of massacre of American Indians.The article points out that James Fenimore Cooper has sympathy with American Indians, but at the same time showing his ambiguities on many issues.