The accession of an African-American Obama to the U.S. Presidency in 2008 is an epoch-making event. The thesis focuses on the current situation of the blacks in U.S. to highlight the prophetic nature of Faulkner, the ...The accession of an African-American Obama to the U.S. Presidency in 2008 is an epoch-making event. The thesis focuses on the current situation of the blacks in U.S. to highlight the prophetic nature of Faulkner, the Nobel Prize winning American novelist＇s exploration of the blacks throughout his career, namely, the miserable living states of the blacks, racial segregation against the blacks in the sphere of education and religion, racial discrimination against the blacks with regard to civil rights, racial persecution against the blacks in legal cases, and the dependency upon the black leadership to salvage the multi-ethnic nation and so on. The paper comes up with the conclusion that Faulkner is accurate in his prophecy that the savior of the nation, the blacks shall suffer and lead.展开更多
The goal of this paper is to establish from Simone de Beauvoir＇s perspective what happens when the situation and rights of French women are examined from the purview of their position as colonial subjects--as women c...The goal of this paper is to establish from Simone de Beauvoir＇s perspective what happens when the situation and rights of French women are examined from the purview of their position as colonial subjects--as women colonizer. Following the analysis of Beauvoir as featured in The Ethics of Ambiguity and The Second Sex, the author first begins by examining the situation and rights of French women colonizer as it relates to the situation of the colonized. And then, the author examines the situation and rights of these women from their own stands as women and in relationships to the situation and rights of white French men. The paper concludes that while French women may have experienced white privilege, they suffered from gender oppression deriving from their second-class status as French colonial subjects.展开更多
Citizens of liberal democracies hold that their theory of governance is the most just, the most consistent with freedom, and the most likely to promote human flourishing. Yet, Canada, one of the world＇s most liberal ...Citizens of liberal democracies hold that their theory of governance is the most just, the most consistent with freedom, and the most likely to promote human flourishing. Yet, Canada, one of the world＇s most liberal and progressive democracies, has consistently been unable to come to terms with the minority nations in its midst. Why would national minorities resist joining fully in a just liberal democratic state？ And in the face of this refusal, what sort of relationship should the majority establish with these national minorities？ I argue that their resistance stems from an axiom of mainstream liberalism, ＂the civic unity assumption,＂ which holds that, ideally, all citizens endorse a single, unified state. While seemingly innocuous, this assumption extinguishes First Nations and Qurbrcois＇ claims to sovereignty. I conclude that this assumption--that majority and minority nationals must all work within the boundaries of a single constitutional structure--is ultimately an assimilative one, demanding that minority nationals merge their political community into the civic project of the majority. Drawing from John Rawls＇ The Law of Peoples, I argue that minority nations are best characterized as ＂peoples＂--complete societies with their own unique moral, cultural, and political traditions. If we accept this claim, we will come to see the multinational state differently： not as a political project uniting all citizens, but as a pact between nations; equal sovereign peoples coming together in a spirit of reciprocity to work out fair terms of social and political cooperation.展开更多
The Berne Convention plays a very important role in the protection of the copyright in its member states. Good Chinese translation for the Berne Convention will undoubtedly improve the implementation of it in China. O...The Berne Convention plays a very important role in the protection of the copyright in its member states. Good Chinese translation for the Berne Convention will undoubtedly improve the implementation of it in China. One of the key factors that affect the translation of the Berne Convention is the translation for the modal verbs, because they are concerning the rights conferred to or obligations imposed on authors or countries of the Union. Based on the statistics of the modal verbs used in the Berne Convention, this paper discovers that ＂shall＂ and ＂may＂ are the most frequently used modal verbs among the ones in English language and they are translated into many types of phrases in Chinese, but not all of them are accurate or appropriate, because the expressions used in the Copyright Law of the People＇s Republic of China to indicate rights, obligations or prohibitions are not all those that ＂shall＂ or ＂may＂ are translated into. Some suggestions can be put forward to improve the current Chinese translation for ＂shall＂ or ＂may＂ in the Berne Convention.展开更多
The aim of this paper is to analyse the legal status of irregular migrants, both in Brazil and in Italy, from a comparative law perspective. Irregular migration has always been a sensitive issue in Italian politics an...The aim of this paper is to analyse the legal status of irregular migrants, both in Brazil and in Italy, from a comparative law perspective. Irregular migration has always been a sensitive issue in Italian politics and is going to be a core-issue in a time of economic crisis, while in Brazil the current wave of international migration is regarded as a new phenomenon, resulting from the recent economic growth. From a legal standpoint, this study provides an analysis of both national legal order and the jurisprudential trends issued by the Inter-American Court of Human Rights （IACtHR） and the European Court of Human Rights （ECtHR）, specifically underlining the judicial borrowing and interaction between the two courts.展开更多
文摘The accession of an African-American Obama to the U.S. Presidency in 2008 is an epoch-making event. The thesis focuses on the current situation of the blacks in U.S. to highlight the prophetic nature of Faulkner, the Nobel Prize winning American novelist＇s exploration of the blacks throughout his career, namely, the miserable living states of the blacks, racial segregation against the blacks in the sphere of education and religion, racial discrimination against the blacks with regard to civil rights, racial persecution against the blacks in legal cases, and the dependency upon the black leadership to salvage the multi-ethnic nation and so on. The paper comes up with the conclusion that Faulkner is accurate in his prophecy that the savior of the nation, the blacks shall suffer and lead.
文摘The goal of this paper is to establish from Simone de Beauvoir＇s perspective what happens when the situation and rights of French women are examined from the purview of their position as colonial subjects--as women colonizer. Following the analysis of Beauvoir as featured in The Ethics of Ambiguity and The Second Sex, the author first begins by examining the situation and rights of French women colonizer as it relates to the situation of the colonized. And then, the author examines the situation and rights of these women from their own stands as women and in relationships to the situation and rights of white French men. The paper concludes that while French women may have experienced white privilege, they suffered from gender oppression deriving from their second-class status as French colonial subjects.
文摘Citizens of liberal democracies hold that their theory of governance is the most just, the most consistent with freedom, and the most likely to promote human flourishing. Yet, Canada, one of the world＇s most liberal and progressive democracies, has consistently been unable to come to terms with the minority nations in its midst. Why would national minorities resist joining fully in a just liberal democratic state？ And in the face of this refusal, what sort of relationship should the majority establish with these national minorities？ I argue that their resistance stems from an axiom of mainstream liberalism, ＂the civic unity assumption,＂ which holds that, ideally, all citizens endorse a single, unified state. While seemingly innocuous, this assumption extinguishes First Nations and Qurbrcois＇ claims to sovereignty. I conclude that this assumption--that majority and minority nationals must all work within the boundaries of a single constitutional structure--is ultimately an assimilative one, demanding that minority nationals merge their political community into the civic project of the majority. Drawing from John Rawls＇ The Law of Peoples, I argue that minority nations are best characterized as ＂peoples＂--complete societies with their own unique moral, cultural, and political traditions. If we accept this claim, we will come to see the multinational state differently： not as a political project uniting all citizens, but as a pact between nations; equal sovereign peoples coming together in a spirit of reciprocity to work out fair terms of social and political cooperation.
文摘The Berne Convention plays a very important role in the protection of the copyright in its member states. Good Chinese translation for the Berne Convention will undoubtedly improve the implementation of it in China. One of the key factors that affect the translation of the Berne Convention is the translation for the modal verbs, because they are concerning the rights conferred to or obligations imposed on authors or countries of the Union. Based on the statistics of the modal verbs used in the Berne Convention, this paper discovers that ＂shall＂ and ＂may＂ are the most frequently used modal verbs among the ones in English language and they are translated into many types of phrases in Chinese, but not all of them are accurate or appropriate, because the expressions used in the Copyright Law of the People＇s Republic of China to indicate rights, obligations or prohibitions are not all those that ＂shall＂ or ＂may＂ are translated into. Some suggestions can be put forward to improve the current Chinese translation for ＂shall＂ or ＂may＂ in the Berne Convention.
文摘The aim of this paper is to analyse the legal status of irregular migrants, both in Brazil and in Italy, from a comparative law perspective. Irregular migration has always been a sensitive issue in Italian politics and is going to be a core-issue in a time of economic crisis, while in Brazil the current wave of international migration is regarded as a new phenomenon, resulting from the recent economic growth. From a legal standpoint, this study provides an analysis of both national legal order and the jurisprudential trends issued by the Inter-American Court of Human Rights （IACtHR） and the European Court of Human Rights （ECtHR）, specifically underlining the judicial borrowing and interaction between the two courts.
