Utilitarianism is the branch of philosophy that studies the usefulness of an idea. Among the possible gains and losses, the balance must be positive to reach the intended utility. Criminal law is the most repressive b...Utilitarianism is the branch of philosophy that studies the usefulness of an idea. Among the possible gains and losses, the balance must be positive to reach the intended utility. Criminal law is the most repressive branch of legal system and therefore should be applied sparingly by the state. Its usefulness should be the protection of legal interests and minimal restriction of personal liberty. The lawmaker should seek the best way to achieve this utility with the choice of the most relevant legal interests and less repressive means before appealing to the criminal law. The legal interests protected by criminal law must be the most important ones for a social life in harmony and prohibited behaviors must be injurious or dangerous to those legal interests. The Rule of Law does not authorize criminal prohibitions without a minimum limit that allows citizens to behave according to their wishes, provided that does not harm the interests of other people. This is the calculation that legislator, judge, and interpreter should seek： more protection and less restriction to citizens.展开更多
Based on the 1997-2007 panel data of 676 listed companies and in-depth interviews with the senior executives, independent directors, fund managers and securities analysts of these companies, this paper tries to analyz...Based on the 1997-2007 panel data of 676 listed companies and in-depth interviews with the senior executives, independent directors, fund managers and securities analysts of these companies, this paper tries to analyze the relationship between corporate govemance and firm performance from a sociological perspective. The results show that the relationship between corporate governance and firm performance in the Chinese institutional environment is sharply different from the predictions of the agency theory. The empirical findings from China lend strong support to the new institutional argument that ＂besf＇ corporate governance practices are socially ＂constructed＂ by various social forces and interests groups in specific social, political and cultural contexts, and how ＂good＂ a corporate governance practice is depends to a large extent on whether it fits in with the institutional environment in which it is embedded. There exists no universally ＂best＂ model of corporate governance across the world. Our empirical sociological study based on Chinese experience offers new perspectives and evidence for deconstructing the global myth ofcoroorate ~ovemance.展开更多
The Hindu nationalism with the Rashtriya Swayamsevak Sangh （RSS） as its vanguard, in the recent times, has emerged as dominant creed in the contem- porary politico-cultural scenario of India. No walk of society, ass...The Hindu nationalism with the Rashtriya Swayamsevak Sangh （RSS） as its vanguard, in the recent times, has emerged as dominant creed in the contem- porary politico-cultural scenario of India. No walk of society, associated polity as well as their fragments has remained untouched with the nationalist mooring of Hindutva philosophy. This all encompassing and homogenizing doctrine besides other aspects of national life has inadvertently embraced and co-opted the Hindu woman in her different avatars. The gender connotation that is usually ascribed to the nation has unerringly given rise to a situation wherein the women have been consciously intertwined with the nationalist discourse. This phenomenon of co- option by the way of women affiliates of the RSS climaxed particularly during the Ramjanmabhoomi movement in the early 1990s besides at different communal conflagrations. Therefore, the honour of the nation （Hindu Nation） and the honour of the Hindu women is closely linked each other in the Hindu nationalists＇ worldview. Hence, within the strong patriarchal system that Hindutva seems to espouse, the women represents both as a flag bearer of family honour （and of the nation） as well as matrishakti, i.e. victim and viotot same time. This construct of women is highly questioned by the feminists who look at the right-wing tendencies as obscurantist, regressive and totally anti-feminist. This paper deals with the dual imagery that woman seemingly appropriate in the Hindu nationalism espoused by the Sangh Parivar as well as the feminists＇ perspectives on such appropriation.展开更多
文摘Utilitarianism is the branch of philosophy that studies the usefulness of an idea. Among the possible gains and losses, the balance must be positive to reach the intended utility. Criminal law is the most repressive branch of legal system and therefore should be applied sparingly by the state. Its usefulness should be the protection of legal interests and minimal restriction of personal liberty. The lawmaker should seek the best way to achieve this utility with the choice of the most relevant legal interests and less repressive means before appealing to the criminal law. The legal interests protected by criminal law must be the most important ones for a social life in harmony and prohibited behaviors must be injurious or dangerous to those legal interests. The Rule of Law does not authorize criminal prohibitions without a minimum limit that allows citizens to behave according to their wishes, provided that does not harm the interests of other people. This is the calculation that legislator, judge, and interpreter should seek： more protection and less restriction to citizens.
基金2014年华东师范大学学科发展引导基金项目(批准号:201411fkfzyd05)2015年上海市浦江人才计划项目(批准号:15PJC028)+2 种基金2015年上海市哲学社会科学规划青年课题上海财经大学优秀博士学位论文培育基金资助项目2013 IACMR Li Ning Dissertation Proposal Grants(First Prize Award)的资助
基金the Shum Fellowship of the Fairbank Center for Chinese Studies at Harvard Universitythe Young Scholar Start-up Research Project of the Chinese Academy of Social Sciences+1 种基金the MIT-Harvard Economic Sociology Seminarthe participants provided helpful comments and suggestions
文摘Based on the 1997-2007 panel data of 676 listed companies and in-depth interviews with the senior executives, independent directors, fund managers and securities analysts of these companies, this paper tries to analyze the relationship between corporate govemance and firm performance from a sociological perspective. The results show that the relationship between corporate governance and firm performance in the Chinese institutional environment is sharply different from the predictions of the agency theory. The empirical findings from China lend strong support to the new institutional argument that ＂besf＇ corporate governance practices are socially ＂constructed＂ by various social forces and interests groups in specific social, political and cultural contexts, and how ＂good＂ a corporate governance practice is depends to a large extent on whether it fits in with the institutional environment in which it is embedded. There exists no universally ＂best＂ model of corporate governance across the world. Our empirical sociological study based on Chinese experience offers new perspectives and evidence for deconstructing the global myth ofcoroorate ~ovemance.
文摘The Hindu nationalism with the Rashtriya Swayamsevak Sangh （RSS） as its vanguard, in the recent times, has emerged as dominant creed in the contem- porary politico-cultural scenario of India. No walk of society, associated polity as well as their fragments has remained untouched with the nationalist mooring of Hindutva philosophy. This all encompassing and homogenizing doctrine besides other aspects of national life has inadvertently embraced and co-opted the Hindu woman in her different avatars. The gender connotation that is usually ascribed to the nation has unerringly given rise to a situation wherein the women have been consciously intertwined with the nationalist discourse. This phenomenon of co- option by the way of women affiliates of the RSS climaxed particularly during the Ramjanmabhoomi movement in the early 1990s besides at different communal conflagrations. Therefore, the honour of the nation （Hindu Nation） and the honour of the Hindu women is closely linked each other in the Hindu nationalists＇ worldview. Hence, within the strong patriarchal system that Hindutva seems to espouse, the women represents both as a flag bearer of family honour （and of the nation） as well as matrishakti, i.e. victim and viotot same time. This construct of women is highly questioned by the feminists who look at the right-wing tendencies as obscurantist, regressive and totally anti-feminist. This paper deals with the dual imagery that woman seemingly appropriate in the Hindu nationalism espoused by the Sangh Parivar as well as the feminists＇ perspectives on such appropriation.
