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“治权”概念史研究 被引量:5
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作者 段磊 《惠州学院学报》 2017年第4期21-26,共6页
"治权"是两岸关系中频繁出现的一个关键概念。这一概念缘起于孙中山"权能分离"的宪政思想,在民国的宪政实践中体现为"五权宪法"。在中英香港谈判中,英方提出"主权换治权"的谈判方案,使"治... "治权"是两岸关系中频繁出现的一个关键概念。这一概念缘起于孙中山"权能分离"的宪政思想,在民国的宪政实践中体现为"五权宪法"。在中英香港谈判中,英方提出"主权换治权"的谈判方案,使"治权"概念的内涵在译者的讹误之下发生重大转变,实现与"主权"概念的结合。20世纪80年代末之后,台湾方面学界、政界开始将"治权"概念适用于诠释两岸关系,意图以"治权"概念解释和界定所谓"两岸分治分裂"现状。两岸对"治权"概念内涵的理解存在较大差异,这种差异使这一概念无法用于两岸关系政治定位合情合理安排之构建。 展开更多
关键词 概念史 “治权” 两岸关系政定位
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大国“治权”与特殊行省——奥斯曼帝国行省管理的“埃及难题”
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作者 王三义 《复旦学报(社会科学版)》 CSSCI 北大核心 2022年第4期130-136,共7页
奥斯曼帝国晚期对埃及行省的统治,前七十七年(1805-1882)拥有名义上的主权而没有治权,后二十七年(1882-1909)得到了虚幻的“治权”。埃及实质上是独立政体,政治机构的设立具备“国家”的规模,穆罕默德·阿里及其子孙是世袭君主,独... 奥斯曼帝国晚期对埃及行省的统治,前七十七年(1805-1882)拥有名义上的主权而没有治权,后二十七年(1882-1909)得到了虚幻的“治权”。埃及实质上是独立政体,政治机构的设立具备“国家”的规模,穆罕默德·阿里及其子孙是世袭君主,独立开展外交。1882年英国在埃及驻军之后,奥斯曼帝国政府派遣一名专员到埃及,既保持了对埃及的名义主权,也得到了对埃及行省的“治权”。为了对付埃及,奥斯曼政府多次求助于英、法、俄等国的帮助。埃及统治者能否对抗并挑战奥斯曼帝国政府,也取决于欧洲大国的态度。“外国干涉内政”成为奥斯曼帝国和埃及行省的共同需求。英国出于自身利益考虑而宣称“埃及仍是奥斯曼帝国的行省”,和奥斯曼政府共同制造埃及“回归”帝国的假象。 展开更多
关键词 奥斯曼帝国 特殊行省 大国“治权” “埃及难题”
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治理资源“、治权—治责”与第一书记差异化帮扶——基于西部N省四个贫困村庄的案例比较 被引量:8
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作者 汪大海 李江涛 《行政论坛》 CSSCI 北大核心 2021年第4期89-98,共10页
第一书记驻村帮扶是打赢脱贫攻坚战、全面推进乡村振兴的中国式治理机制。以往对第一书记帮扶行为的研究倾向于去揭示组织结构和激励机制的单边界定作用,较少关注村庄这一侧因素的反向界定作用。基于四个贫困村庄的案例比较发现,虽然面... 第一书记驻村帮扶是打赢脱贫攻坚战、全面推进乡村振兴的中国式治理机制。以往对第一书记帮扶行为的研究倾向于去揭示组织结构和激励机制的单边界定作用,较少关注村庄这一侧因素的反向界定作用。基于四个贫困村庄的案例比较发现,虽然面临基本相同的结构地位和激励条件,但是村级组织的自致治理资源差异、"治权—治责"水平差别,促使第一书记分别采取全面帮扶、选择性帮扶、被动帮扶和帮扶悬置等四种行为。研究丰富第一书记帮扶行为的解释图景,增进对第一书记与村干部之间治理主体关系的认识,表明增加村级组织的自致治理资源从而提升其"治权—治责"水平,是改善第一书记帮扶效能、巩固脱贫攻坚成果和推进乡村振兴的可行思路。 展开更多
关键词 乡村振兴 乡村 驻村帮扶 “治责” 第一书记
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Value of whole body diffusion weighted imaging in diagnostic and therapeutic evaluation of malignant lymphoma 被引量:1
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作者 Xingrong Hu Ruizhi Ran Jiaquan Zhang Shunzhen Li 《The Chinese-German Journal of Clinical Oncology》 CAS 2011年第2期111-115,共5页
Objective:The aim was to evaluate the role of whole body diffusion weighted imaging(WB-DWI) of magnetic resonance in the diagnosis and efficacy evaluation of malignant lymphoma.Methods:The clinical manifestation of wh... Objective:The aim was to evaluate the role of whole body diffusion weighted imaging(WB-DWI) of magnetic resonance in the diagnosis and efficacy evaluation of malignant lymphoma.Methods:The clinical manifestation of whole body diffusion weighted imaging of 47 patients with malignant lymphoma being pathologically proved were carried on by retrospective analysis and to compare with 10 healthy volunteers.There were 8 cases of Hodgkin's lymphoma(HD) patients,of which WB-DWI examination of 5 cases were carried out before and after treatment and 3 cases were done after treatment.There were 39 cases of non-Hodgkin's lymphoma(NHL) patients,of which WB-DWI examination in 19 cases were acted before treatment,11 cases were done before and after treatment and 9 cases done after treatment.In apparent diffusion coefficient(ADC) diagram the ADC values of lymph nodes in patients with malignant lymphoma and healthy volunteers were measured respectively,among 16 patients the ADC values of parts of lymph node being consistent with the initial inspection were determined again and compared the values before and after,and compared with healthy volunteers.Results:Whole body magnetic resonance diffusion weighted imaging(MR-DWI) showed more sensitive to lymphoma,and 372 lymph nodes greater than 1 cm were detected with MR-DWI.Before treatment,mean ADC value of 35 patients with malignant lymphoma was(0.86 ± 0.21) × 10-3 mm2/s,of which an average ADC values of 28 cases after treatment was(1.22 ± 0.31) × 10-3 mm2/s,before and after treatment difference of the average ADC values of patients was statistically significant(P < 0.05);the average ADC value of cervical lymph nodes of 10 healthy volunteers(1.29 ± 0.12) × 10-3 mm2/s and of 30 patients with malignant lymphoma before treatment was statistically significant(P < 0.05),and to compare with 28 patients after treatment difference of the ADC values was not statistically significant(P > 0.05).Conclusion:WB-DWI and ADC values being measured in the clinical diagnosis of malignant lymphoma,staging and evaluation of efficacy of monitoring is a fast and effective technology,with some clinical value. 展开更多
关键词 LYMPHOMA magnetic resonance imaging diffusion weighted imaging apparent diffusion coefficient
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Effect of b value on monitoring therapeutic response by diffusion-weighted imaging 被引量:13
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作者 Zhao-Xia Jiang Wei-Jun Peng +5 位作者 Wen-Tao Li Feng Tang Shi-Yuan Liu Xu-Dong Qu Jian-Hua Wang Hong-Feng Lu 《World Journal of Gastroenterology》 SCIE CAS CSCD 2008年第38期5893-5899,共7页
AIM: To explore the diffusion gradient b-factor that optimizes both apparent diffusion coefficient (ADC) measurement and contrast-to-noise (CNR) for assessing tumor response to transarterial chemoembolization (T... AIM: To explore the diffusion gradient b-factor that optimizes both apparent diffusion coefficient (ADC) measurement and contrast-to-noise (CNR) for assessing tumor response to transarterial chemoembolization (TACE) in a rabbit model. METHODS: Twelve New Zealand white rabbits bearing VX2 tumors in the liver were treated with TACE. Diffusion-weighted imaging (DWI) with various b values was performed using the same protocol before and 3 d after treatment with TACE. ADC values and CNR of each tumor pre- and post-treatment with different b factors were analyzed. Correlation between ADC values and extent of necrosis in histological specimens was analyzed by a Pearson's correlation test.RESULTS: The quality of diffusion-weighted images diminished as the b value increased. A substantial decrease in the mean lesion-to-liver CNR was observed on both pre- and post-treatment DW images, the largest difference in CNR pre- and post-treatment was manifested at a b value of 1000 s/mm^2 (P = 0.036 ). The effect of therapy on diffusion early after treatment was shown by a significant increase in ADCs (P = 0.007), especially with large b factors (≥ 600 s/mm^2). The mean percentage of necrotic cells present within the tumor was 76.3%-97.5%. A significant positive correlation was found between ADC values and the extent of necrosis with all b values except for b200, a higher relative coefficient between ADC values and percentage of necrosis was found on DWI with bl000 and b2000 (P = 0.002 and 0.006, respectively). CONCLUSION: An increasing b value of up to 600 s/mm^2 would increase ADC contrast pre- and post-treatment, but decrease image quality. Taking into account both CNR and ADC measurement, diffusion-weighted imaging obtained with a b value of 1000 s/mm^2 is recommended for monitoring early hepatic tumor response to TACE. 展开更多
关键词 Hepatic carcinoma Diffusion-weighted MR Treatment response Apparent diffusion coefficient
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Power and Architecture in Portuguese Fascism: Political and Artistic Control and Resistance
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作者 Joana Brites 《Journalism and Mass Communication》 2015年第7期360-371,共12页
This paper analyses the system of artistic and ideological conditioning that architects were subject to during the Portuguese fascism, the so-called "New State", the longest western European dictatorship of the prev... This paper analyses the system of artistic and ideological conditioning that architects were subject to during the Portuguese fascism, the so-called "New State", the longest western European dictatorship of the previous century, that lasted from 1933 to 1974, under the uninterrupted leadership of Ant6nio de Oliveira Salazar until 1968. After a concise exposition of the importance of a major public work campaign to the regime affirmation as well as the aesthetic discourse promoted in its architecture, the standard course of a building project evaluation will be described. Crossing varied legislation and taking into consideration the results of a thorough examination to more than one hundred processes of architectural plans approval, the interaction of the various decision-making bodies will illustrate the existence of an efficient apparatus which progressively depurate designs. Prevention and repression of artistic deviation will be demonstrated. Furthermore, the development and importance of self-censorship will be highlighted. Secondly, a characterization of the atmosphere of ideological surveillance and dissident's oppression will be provided. Architects' participation in opposition's initiatives and strategies will be portrayed. As a conclusion, New State practice of a negotiation and inclusion (both artistic and ideological) tactic in the architectural field will be underlined. 展开更多
关键词 New State FASCISM ARCHITECTURE CONTROL OPPOSITION
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Management Mode of Rural Credit Cooperatives
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作者 何频 《Agricultural Science & Technology》 CAS 2013年第11期1670-1673,共4页
Cooperative financing, with existing problems involving legal person man-agement and property supervision is highly demanded by farmers in China. It is fea-sible to explore a shareholding system to resolve the managem... Cooperative financing, with existing problems involving legal person man-agement and property supervision is highly demanded by farmers in China. It is fea-sible to explore a shareholding system to resolve the management mode issue of rural credit cooperatives in order to introduce investments, formulate the right struc-ture for rational stock and to establish effective monitoring mechanism for property right. Hence, information issuing would be reinforced and a rural credit cooperative would be established to be a modern financial enterprise with transparent property rights. 展开更多
关键词 Rural credit cooperatives Joint stock cooperative enterprise Intellectualproperty monitoring services Management mode
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Cardiac resynchronization therapy improved the clinical outcomes in pacemaker patients upgraded to biventricular device 被引量:1
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作者 Han JIN Wei HUA +5 位作者 Li-Gang DING Jing WANG Hong-Xia NIU Min GU Cong XUE Shu ZHANG 《Journal of Geriatric Cardiology》 SCIE CAS CSCD 2017年第10期649-651,共3页
The right ventricular pacing (RVP) is the standard treat- ment for patients with severe bradyarrhythmias; however, it may cause and exacerbate heart failure symptoms in a long run under some circumstances.{1] In fac... The right ventricular pacing (RVP) is the standard treat- ment for patients with severe bradyarrhythmias; however, it may cause and exacerbate heart failure symptoms in a long run under some circumstances.{1] In fact, significant left ventricular (LV) systolic dysfimction and symptomatic heart failure (HF) is commonly found in patient population with pacemaker implantations. 展开更多
关键词 Cardiac resynchronization therapy Chronic right ventricular pacing Heart failure UPGRADE
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Human rights and political and economic instability
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作者 William R. DiPietro 《Chinese Business Review》 2010年第6期59-64,共6页
The purpose of this paper is to use cross country regression analysis on a large set of countries from around the world for the year 2007 to test the hypothesis that greater instability, political or economic leads to... The purpose of this paper is to use cross country regression analysis on a large set of countries from around the world for the year 2007 to test the hypothesis that greater instability, political or economic leads to reduced levels of human rights. The results of the paper's econometric analysis tend to support the hypothesis that increased levels of either political instability or economic instability are detrimental to human rights within countries. 展开更多
关键词 human rights level of economic development stability cross country analysis
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Image-guided conservative management of right colonic diverticulitis
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作者 Sun Jin Park Sung II Choi +1 位作者 Suk Hwan Lee Kil Yeon Lee 《World Journal of Gastroenterology》 SCIE CAS CSCD 2009年第46期5838-5842,共5页
AIM: To study the clinical outcomes of medical therapy in patients with right colonic diverticulitis. METHODS: The records of 189 patients with right colonic diverticulitis which was finally diagnosed by computed to... AIM: To study the clinical outcomes of medical therapy in patients with right colonic diverticulitis. METHODS: The records of 189 patients with right colonic diverticulitis which was finally diagnosed by computed tomography, ultrasonography, or operative findings were retrospectively reviewed. RESULTS: Of the 189 patients hospitalized for right colonic diverticulitis, the stages of diverticulitis by a modified Hinchey classification were 26 patients (13.8%) in stage 0, 139 patients (73.5%) in stage I a, 23 patients (12.2%) in stage I b, and 1 patient (0.5%) in stage Ⅲ. Medical therapy was undertaken in 185 of 189 patients (97.9%). One hundred and eighty three of 185 patients were successfully treated with bowel rest and antibiotics. Two patients in stage I b required a resection or surgical drainage because of an inadequate response to conservative treatment. Recurrent diverticulitis developed in 15 of 183 patients (8.2%) who responded to medical therapy. All 15 patients who suffered a second attack had uncomplicated diverticulitis, and were successfully treated with medical therapy.CONCLUSION: Our results indicate that right colonic diverticulitis is essentially benign and image-guided conservative treatment is primarily required. 展开更多
关键词 Ascending colon CECUM Medical therapy Colonic diverticulitis
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Security Interests and Policy Priorities of China and EU
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作者 Wang Yingfan WangWei 《International Understanding》 2007年第2期31-34,共4页
I. The common security interests shared by China and EU At present, the connotation of security has expanded from the traditional sense of security to non-traditional one, covering politics, economy, finance, science... I. The common security interests shared by China and EU At present, the connotation of security has expanded from the traditional sense of security to non-traditional one, covering politics, economy, finance, science and technology, culture and many other areas. Economic globalization makes countries more interdependent on each other. In other words, it makes the interests of different countries further intertwine. The advancement of science and technology and the progress of informationization accelerate the exchange and communication among people. However at the same time, WMDs proliferation, international terrorism, transnational crimes, climate change, highly communicable diseases among people and animals and other common challenges facing human society increase the common interests of security for different counties and strengthen their interdependence. From this broad perspective, there do exist common security interests between China and EU. 展开更多
关键词 中国 欧盟 安全问题 优先
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MR DIFFUSION WEIGHTED IMAGING FOR EVALUATION OF RADIOTHERAPEUTIC EFFECTS ON RABBIT VX2 TUMOR MODEL 被引量:15
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作者 Shuo Li Hua-dan Xue +5 位作者 Xin-hai Wang Fei Sun Bo Jiang Dong Liu Jing Lei Zheng-yu Jin 《Chinese Medical Sciences Journal》 CAS CSCD 2008年第3期172-177,共6页
Objective To investigate the feasibility of magnetic resonance (MR) diffusion weighted imaging (DWI) for evaluation of radiotherapeutic effects on rabbit VX2 tumor model. Methods Sixteen New Zealand white rabbits... Objective To investigate the feasibility of magnetic resonance (MR) diffusion weighted imaging (DWI) for evaluation of radiotherapeutic effects on rabbit VX2 tumor model. Methods Sixteen New Zealand white rabbits received a subcutaneous implantation of VX2 tumor cell suspension 0.5 mL (4× 10^7 ceUs/mL) in their right thighs to set up tumor model. And 2 weeks later they were randomly divided into therapy group (Group T, n = 10) and control group (Group C, n = 6). Group T received radiotherapy at a single dose of 10 Gy. MR imaging (MRI) scan including short TI inversion recovery echo-planar imaging DWI, T1-weighted imaging (T1WI) and T2-weighted imaging (T2WI) sequences were performed 1 day prior to as well as 1 day, 2 days, 3 days and 7 days after radiotherapy. Group C received only MRI scan at the same time points without any treatment. MRI appearance on T2WI, TlWI, and DWI images was compared and tumor volume was calculated. Apparent diffusion coefficient (ADC) values of the tumor were evaluated in all cases. HE staining was used for pathological study. Results Necrosis (n = 8) and hemorrhage (n = 2) were seen gradually on T2WI and T1WI images of Group T after time point of day 2 after irradiation. In Group C, no obvious necrosis was found until day 7. There was no significant difference in tumor volume between the two groups before radiotherapy. After radiotherapy, tumors in Group T showed a gradual growth but not as obvious as Group C. There was a significant difference in tumor volume between the two groups from day 2 on (P 〈 0.05). ADC value changed dramatically fight from the 1st day after radiotherapy in Group T [(0.99 ± 0.15) ×10^-3 mm^2/s for 1 day before radiotherapy, (1.23 ± 0.08) ×10^-3 , (1.45 ± 0.07) ×10^-3 , (1.63 ± 0.06) ×10^-3 , and (2.02 ± 0.18) ×10^-3 mm^2 for day 1, 2, 3, and 7]; and ADC value had no significant changes after radiotherapy in Group C except day 7 [(1.07±0.08) ×10^-3 mm^2 for 1 day before radiotherapy, (1.03 ± 0.04)×10^-3 , (1.05 ± 0.02)×10^-3 , (1.05 ± 0.05) ×10^-3 , and (0.95 ± 0.07) ×10^-3 mm^2 for day 1, 2, 3, and 7]. There was significant difference in ADC value between the two groups for each time point after radiotherapy (P 〈 0.01). Pathological study showed that the number of viable tumor cells in Group T decreased 1 day after radiotherapy, and the inflammatory cell infiltration was marked and almost all viable tumor cells disappeared by day 7 after radiotherapy. Conclusions DWI is a new promising technique for monitoring radiotherapy outcomes. ADC value may give a prior clue on physiological changes of radiotherapy before routine MRI could tell. 展开更多
关键词 diffusion magnetic resonance imaging RADIOTHERAPY animal experiment
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论主权的让渡——对“论主权的‘不可分割性’”一文的论辩 被引量:15
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作者 伍贻康 张海冰 《欧洲研究》 CSSCI 北大核心 2003年第6期63-72,共10页
主权是一个历史的、发展的概念 ,不能将其绝对化、教条化。主权不是一个纯质的、仅仅体现国家权威的概念 ,它包含具体的权力内容并在对内和对外关系中得到体现。主权让渡在全球化和区域一体化的潮流中是一个必然的趋势。主权让渡不是主... 主权是一个历史的、发展的概念 ,不能将其绝对化、教条化。主权不是一个纯质的、仅仅体现国家权威的概念 ,它包含具体的权力内容并在对内和对外关系中得到体现。主权让渡在全球化和区域一体化的潮流中是一个必然的趋势。主权让渡不是主权的剥夺 ,而是国家间的主权共享。明确主权的让渡问题有助于我们认识和实现全球化时代国家利益的维护和扩展。 展开更多
关键词 让渡 全球化 共享 卢凌宇 “治权”
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The Nomocracy Pursuit of "the Maritime Silk Road"--On Legal Guarantee of State's Marine Rights and Interests
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作者 Pei Zhaobin Wang Lili 《Journal of Shipping and Ocean Engineering》 2016年第2期123-128,共6页
"The Maritime Silk Road", part of China's maritime power strategy, will safeguard the realization of "Chinese Dream". "The Maritime Silk Road" needs desperately legal guarantee of State's marine rights and int... "The Maritime Silk Road", part of China's maritime power strategy, will safeguard the realization of "Chinese Dream". "The Maritime Silk Road" needs desperately legal guarantee of State's marine rights and interest. The primary target of this paper is to put forward several suggestions on the legal guarantee of maritime rights protection based on analyzing the present situation of China legal system. 展开更多
关键词 The Maritime Silk Road marine rights and interests legal guarantee.
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Contradictory Freedoms? Kant on Moral Agency and Political Rights
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作者 Aaron James Wendland 《Journal of Philosophy Study》 2012年第8期538-546,共9页
This essay examines the degree to which Kant's understanding of external freedom and right are consistent with and can form a part of his moral philosophy. In doing so, this essay begins by looking at the foundation ... This essay examines the degree to which Kant's understanding of external freedom and right are consistent with and can form a part of his moral philosophy. In doing so, this essay begins by looking at the foundation and possibility of moral experience as it is presented in the Groundwork for the Metaphysics of Morals. This essay then turns to explore Kant's understanding of external freedom and right as set out in The Metaphysics of Morals and examines the apparent inconsistencies that exist between these concepts and Kant's explication of moral worth. After pointing out the distinction between right and morality, this essay goes on to argue that, strictly speaking, Kant's conception of external freedom and right cannot form part of his moral philosophy (as so defined in the Groundwork). Finally, this essay concludes by arguing that although right and morality are irreconcilable, Kant's account of external freedom and right can nevertheless serve as part of his "moral" philosophy insofar as these concepts represent Kant's attempt to externalize the moral law, or simply expand the definition of morality to cover any action that accords with the right. 展开更多
关键词 Kant FREEDOM MORALITY RIGHT moral philosophy
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Is a Human Right to Democracy Justifiable?
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作者 Tetsu Sakurai 《Journal of Philosophy Study》 2013年第11期983-996,共14页
In this article, I examine the view that there is a human right to democracy, and consider why we should regard this issue as decisive in solving the problems of foreign interference in the protection of human rights.... In this article, I examine the view that there is a human right to democracy, and consider why we should regard this issue as decisive in solving the problems of foreign interference in the protection of human rights. I also note that there has been almost no discussion about the holder of the human right to democracy, that is, who is to hold this right. After comparing John Rawls' argument against the human right to democracy and Thomas Christiano's argument for it and showing similarities and critical differences among their arguments, I insist that we ought to be sensitive when proclaiming that democracy--be it a minimally egalitarian democracy or a more exacting one--is a universal value. We have sufficient cause to consider carefully not only the political circumstances but also the political infrastructure of the country before we proceed to an even limited intervention in the name of the protection of a human right to democracy. If the human right to democracy is not just a right to vote, but a right to the whole process of establishment and enjoyment of democracy, it should be understood as a group right that pertains to a human population that legitimately claims political self-determination. Any human population that insists on the democratic self-determination of their political will is both able and entitled to establish and administer democratic institutions, regardless of the diversity of its ascribed or cultural characteristics. The establishment of such a group with a firm political identity should be considered as the political infrastructure to claim and exercise the human right to democracy. 展开更多
关键词 human rights DEMOCRACY LIBERALISM TOLERATION SELF-DETERMINATION humanitarian intervention group right
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A Cosmic Dimension: C. S. Lewis's Engagement with the Politics of Power and the Challenge of Jesus
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作者 Brenda Adam 《Journal of Philosophy Study》 2015年第9期480-486,共7页
This paper focuses on some literary expressions of the role of faith in our engagement with things political from the pen of C. S. Lewis, whose writings are distinguished by a combination of intellectual force and ima... This paper focuses on some literary expressions of the role of faith in our engagement with things political from the pen of C. S. Lewis, whose writings are distinguished by a combination of intellectual force and imaginative flair. In an increasingly secular climate, he sought to bring God back into the equation, and it is not surprising to find some current issues addressed within his imaginative representations of a vibrant spiritual reality. His ideas and ideology are inextricably linked to his Christian faith. Several critical essays reflect his interest in both theology and political issues including: the ethical use of technology, civil liberties, ecology, pacifism, and animal rights. This material forms the layers of his science-fiction trilogy which includes themes of spiritual warfare, factions, faith, and a fairy tale ending. His theology was not confined to the disciplines of a particular school of thought and his approach to things political follows no party line. His critical essays and stories are concerned with the practicalities of life, but are never reduced to a merely social gospel; they always have a cosmic dimension. 展开更多
关键词 FAITH POLITICS POWER CHRISTIANITY ethics apologetics IMAGINATION
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Rights and Disagreement
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作者 Alexander Kaufman 《Journal of Philosophy Study》 2013年第3期228-245,共18页
Constitutionally protected rights remove political issues from the control of the democratically elected legislature. Since such rights therefore limit the power of the majority, recent work in rights theory argues th... Constitutionally protected rights remove political issues from the control of the democratically elected legislature. Since such rights therefore limit the power of the majority, recent work in rights theory argues that the constitutional protection of rights is inconsistent with the fundamental democratic idea of government by the people. According to this view, democracies should assign the power to resolve questions regarding the nature and extent of individual rights to the majority. Constitutional attempts to remove such questions from the public agenda, it is argued, are disrespectful to citizens who disagree with the views embodied in the constitutionalized rights. I argue that this critique: (1) is insufficiently attentive to the question of when legislation by the majority constitutes a legitimate exercise of political power; and (2) underestimates the importance of securing the constitutive conditions of democratic self-government. 展开更多
关键词 RIGHTS DEMOCRACY CONSTITUTIONALISM judicial review representative government LEGITIMACY
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Discussion on the privilege system in the laws of the Ming Dynasty
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作者 Chert Kai 《International English Education Research》 2014年第12期41-42,共2页
An important guiding thought that ran through the laws of the Ming Dynasty was "governing the country according to the corpus juries". The founding emperor of Ming Dynasty Zhu Yuanzhang found that the laws of the fo... An important guiding thought that ran through the laws of the Ming Dynasty was "governing the country according to the corpus juries". The founding emperor of Ming Dynasty Zhu Yuanzhang found that the laws of the former Yuan Dynasty could not suit the demands of the development of the new situations, so he developed the new statutes. The laws of the Ming Dynasty absorbed the lessons that the Yuan government law and discipline ceased to be binding or become lax, and put forward that the laws must be strict, and abolished the system of the prime minister, showing a high degree of centralization. The laws of the Ming Dynasty had the important influence on the political thoughts in the late feudal society, so the researches on the legal systems in the Ming dynasty have practical significance. This paper briefly expounds the legal privileges of the Ming Dynasty for reference. 展开更多
关键词 Law of the Ming Dynasty system of privilege CENTRALIZATION
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Critical Human Rights and Liberal Legality: Struggling for "The Right to Have Communal Rights"
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作者 Roger Merino Acuna 《Journal of Philosophy Study》 2013年第3期246-261,共16页
Recent critical approaches on human rights have exalted the potentiality of this category for seeking progressive agendas (Santos 2007) insofar as they are enacted within counter-hegemonic cognitive frames (Rajagop... Recent critical approaches on human rights have exalted the potentiality of this category for seeking progressive agendas (Santos 2007) insofar as they are enacted within counter-hegemonic cognitive frames (Rajagopal 2006) towards the construction of "subaltern human rights" (Onazi 2009). Others,. however, have pointed out that the human rights institutional and political hegemony makes other valuable emancipatory strategies less available, and that this foregrounds problems of participation and procedure at the expense of distribution (Kennedy 2005). Finally, others have explained how the abstractedness of the category entails a de-politicization (Rancière 2004; Zizek 2005; Douzinas 2007) or an emptiness that, of course, can be filled by progressive activism, but whose substance is easily reappropriated by those in power (Miéville 2005). By engaging with the above-mentioned perspectives, and following the decolonial approach (Mignolo 2009; 2011), I suggest that the category human rights can be decolonized and being used for progressive agendas only after a comprehensive critique of liberal legality (that entails a critique of liberal abstract rationality, political economy, and modernity/coloniality) has been performed. 展开更多
关键词 critical human rights modernity LIBERALISM decoloniality
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