冲突与调适:人性发展与社会变迁——奥格本《社会变迁》读书笔记

从初民社会到现代社会,人性的发展是一个非常缓慢的过程,与此相反,外界社会的物质文化环境的变迁却是巨大的。缓慢的人性发展和不断变化的物质文化环境的不一致,会造成各种现代社会的"文化病"。要解决犯罪、心理疾病等社会问题,就要诉诸对人性的探讨以及人性与物质环境二者的调适。调适的最基本方法有两个:替代机构和娱乐。这两种方法都是在人性的回归和诉求的基础上提出来的,具有一定的推广价值。

《社会变迁与文化重构》序

通过重新梳理《阿诗玛》,对"阿诗玛"这一极具民族符号意义的形象给出合理可靠的解读,分析了《社会变迁与文化重构》聚焦于少数民族文化发展中所具有的典型意义事例,认为有多个创新和贡献。

社会转型期 中国农村土地制度的实地调查——评《社会变迁中的村级土地制度——闽西北将乐县安仁乡个案研究》

从古至今，农民问题一直是困扰中国社会的根本性问题，而农民问题的核心则是农村的土地制度及相关问题。就我国现状而言，已有的关于农村土地问题的研究大多集中在农业经济学、史学、法学等学科领域。由于受这些学科视角的限制，一方面。

Stone Bridge and Village Life World：A Case Study on Luqiao Village in Shandong Province, China

Based on the custom of stone bridge and village, by categorizing and interpreting the relationship between Lufeng Bridge （鲁封桥） and Luqiao Village （鲁桥村） in Southern Shandong Province, China, this paper focuses on discussing the dynamic of rural society change in China and the practice of village life world. It provides detailed materials of field research about folk life of stone bridge and village in North China. Here village life world not only includes the folk integration of their everyday life, but also covers local villagers cognitive attitude towards village, such as village history, legend, belief, ritual, clan and other everyday life styles. Expounding and reconstructing of village life world, shows the essential meanings and categories of bridge folklore, it also demonstrates the consequence of shifting connection between stone bridge and village life. Firstly, the crucial context of understanding village life world is still promising. Secondly, folklore fieldwork is an significant part to comprehend the connotation of village life world.

The Role of Local Satellite Channels in Social Development of The Emirati Society A Survey Study on a Sample of UAE Audience

The paper investigates the contributions of TV Social Programs in UAE channels in promoting the social changes among youths in UAE, and to what extent it effects their attitudes towards the society and its values and traditions. The study used the expecting value model and the third person effect concept in analyzing the perceptions of the UAE＇s youths towards the practices of local channels. The sample of the study was 200 male and female from several emirates. The study concluded that 88% of the audience in UAE watch the UAE satellite channels. Dubai channel comes in the top most watched channels, followed by Sharjah Channel, then Abu Dhabi channel. Most of the audience watch these channels in their homes. 78% of the audience watch the TV social programs. The most watched program is Khatwa program in Abd Dhabi channels, followed by shabnaa program. The reasons for watching the social programs are： finding relieve from their problems （66%）, the diversity of these programs （64%）, and the popularity of social programs＇ anchors （5%）. The most discussed issues are Youths problems and unemployment （91%）, local problems （73%）, divorce issues （31%）. They said that these programs encourages for persevering the local heritage （62%）, respect the family values （51%）, and social traditions （48%）. While the most positive features of the social programs are： promote the local anchors （90%）, the most negative features are promoting the western values （94%）, and discussing some issues which are not fit with the local traditions （88%）. In general the study found that the local TV channels played an important role in social changes in UAE.

Civilization： Natural and Controlled Stages of Social Evolution

Some sociologists of the 20th century--Popper, Nisbet, Tilly, Wallerstein--doubted the applicability of the concept ＂evolution＂ to the process of social changes. It was stated that processes happening in a society cannot be described using the approach of strict causality. However, dignifying life of the mankind is doubtful without elaborated scheme of social evolution and universal guiding line for the control over the further aociety evolution. General logica of social evolution can be traced by the change of human position in a society. Describing this change with the help of the activity-value approach one can construct ideal types of such evolutionary stages as wilderness, barbarism, civilization. The study of features and properties of ideal types of social evolution stages shows the regularity of two natural civilizations appearance： home-service civilization and market one. Countries of home-service civilization are ancient Egypt, China, and Russia （since Moscow Kingdom arose）. Athens, Novgorod Republic and Western countries are examples of the market civilization. The study of the market civilization properties shows that its long existence is doubtful. Authors propose an ideal type of spirit-game civilization as a long-term guiding line for the controlled social evolution. Control over evolution could save mankind and solve their main problems.

法律研究的方法

以法律解释社会变迁，既是社会变迁的一种研究方法，也是法律研究的一种方法，它所研究的内容和面对的问题在整体上涉及社会学、历史学和法学，需要三者的结合。因此，《社会变迁的法律解释》不属于严格意义上的社会学、历史学或法律史研究的方法。作者所做的，与其说是社会变迁理论的建设性工作，毋宁说是在寻求一种用法律解释社会变迁的方法，这一方法致力于将社会学、历史学、法学相勾连，通过用社会、历史解释法律，用法律解释社会、历史的新的研究模式，而达到对社会变迁和法律新的理解。

Climate Refugee and Disappearing States： In Need for a New Legal Regime？

Climate change brings unprecedented challenges to both the international community as well as international law. For example, extreme weather conditions might cause States to disappear and force its populations to migrate. These phenomenon creates new challenges for current international law. First, under current legal frameworks, there is no provision regarding the disappearance of a State due to climate change. Second, for people who are forced to migrate due to climate change whether caused internally or internationally, current legal framework is also unclear to whether they could be classified as refugees and to what extent should they be protected. Despite these uncertainties, people of these endangered States cannot be left to fend themselves simply because there is a legal vacuum. This paper proposes a way forward for to meet this challenge and urge the international community to use this opportunity to refine the currently existing legal regime in order to solve the various challenges posed by climate change.

The Legal Basis of Delegation of Governmental Powers in a Changing Society

In modern states, the delegation of governmental powers is a common way of executing governmental authority. The delegation of administrative power is widespread under China＇s positive law, but there are problems with inconsistencies in the scope of the delegation, conflicts between delegation under different laws, etc. These problems originate in the weakness of Chinese legal theory on the subject, and especially in the lack of a dynamic interpretation of the historical background to such delegation, the absence of any scientifically constructed theoretical model of delegation, and the lack of effective regulations on delegation in the positive law system. The modern rule of law calls for reconstruction of the legal basis of such delegation against the background of social change. This requires clarifying the determinacy of the agents holding power, the relative division of powers, the overlapping nature of the agents to whom the powers apply, and the social character of the disposition of powers. Determination of the value orientation of system construction for the delegation of governmental powers should be based on limited transfer of governmental powers and functions, should be driven by the removal of obstacles to the exercise of governmental powers, should adopt a strategy of streamlining the execution of governmental powers and should aim at effectively integrating governmental powers.

From "State and Society" to "Institutions and Life" :A Shift in the Study of Social Change in China

The term ＂institutions and life＂ is proposed as an alternative perspective to ＂state and society.＂ Here, ＂institutions＂ refers to formal institutions set up in the name of the state and supporting its agents at various levels and in different departments in the exercise of their functions. ＂Life＂ refers to the everyday activities of social beings, involving not only the interests, powers and rights-based claims of expedient production and life strategies and techniques, but also relatively routine popular mores and informal institutions. The purpose of constructing and applying this perspective is to probe the complex mechanism of the interaction between living subjects and the agents of formal institutions in institutional practice and thereby analyze the actual logic and changing direction of China＇s formal institutions and explore the mechanisms behind changes in mores so as to grasp the main thread running through China＇s modem nation building.

The Constitutional Consciousness of Chinese Citizens over 60 Years of Social Change

Constitutional consciousness is a general term for citizens＇ knowledge, opinions, ideas and thinking about the Constitution. It not only drives the implementation of the Constitution and the development of democratic politics and the rule of law, but also serves as an indicator for the extent of the rule of law. In the course of social change, constitutional consciousness constitutes an inner spiritual force within the constitutional order. It is a force for change in itself, especially as ＂a cultural soft power＂ that remolds normative judgments and value bases. A stable and mature constitutional consciousness provides a foundation for the benign operation of social change. Over the past 60 years, the development of Chinese society has followed a tortuous path, but due to citizens＇ constitutional consciousness the 1954 and 1982 Constitutions were always vehicles and forces for social cohesion and harmony. The way to improve supervision of constitutional implementation is to truly make rule of law thinking centered on constitutional consciousness into the basic value consensus of citizens and different groups at the level of the nation, the government and society. Adhering to the concept of the supremacy of the Constitution and exploring ways and means of adopting a more reasonable, pragmatic and open approach to its implementation will provide a solid constitutional foundation for the full implementation of governing the country according to law and will advance the construction of a rule of law China.

Changes in the Social Foundation and Construction of a Dual System of Civil Law

The civil law system is divided into an internal and an external system. The value orientation of the internal system guides the external system, whose components （concepts, norms and institutions） serve as a vehicle for the internal system. As the social foundation changes, the internal system of modem civil law has developed such basic principles as private autonomy, protection of the disadvantaged, protection of reliance interests and self- liability, principles that have permeated into the concepts, norms and institutions of the external system. The formulation of the Chinese civil code should take into account the foundations of Chinese society and give due weight to the construction of a dual system of civil law. By defining ＂person＂ in civil law, clarifying the expression of the internal and external systems in both the law of real rights and the law of obligations, and examining flaws in specific branches of civil law, we hope to advance the formulation of China＇s civil code.