In her book, The Human Condition, Hannah Arendt states: "we are all the same, that is, human, in such a way that nobody is ever the same as anybody else" (1998, 8). In this statement, we are the same (equality)...In her book, The Human Condition, Hannah Arendt states: "we are all the same, that is, human, in such a way that nobody is ever the same as anybody else" (1998, 8). In this statement, we are the same (equality) and yet nobody is ever the same as anybody else (plurality). This may sound contradictory yet what it means is that there is a common base which makes us all the same, and precisely because of this base, we are able to make comparisons and hence differentiate one from the other because we are all different. When analyzing two concepts, an equal status in at least one normatively relevant respect is needed. Where there is one, there is the other precisely because of the other and vice versa. The fact that it is only at least one respect that is needed implies the existence of other aspects that act as common distinguishing factors. Therefore, distinction implies equality. The paper will explore how according to Arendt, equality, a political concept, has been perverted into a social concept. In her view, previously, differing circumstances and conditions served as "protection" and actually had a protective role. An explanation will thus be given as to how a lack of these differences in the modem period has resulted in a challenge and how this challenge has created unexpected problems for the human condition. This implies reflexivity between political theory and the human agent, and will be presented from Arendt's perspective.展开更多
In the development and operation of real estate, real estate development enterprises as the principal subject would often establish contractual relationships with subjects of diverse interests including removed househ...In the development and operation of real estate, real estate development enterprises as the principal subject would often establish contractual relationships with subjects of diverse interests including removed households, banks, construction project contractors, and buyers. At times, conflicts of interests might occur among these contractual subjects requesting civil and commercial claims of the same subject matter based on agreements or legal rights. As for the causes of these conflicts and their solutions, a majority of existing researches still stay at the superficial causes from the perspective of civil and commercial law, and the solution of determining the order of priority of compensation of related rights. Due to the lack of research into deep-seated reasons and solutions from the perspective of economic law, the current legislative and judicial approaches to this kind of problems tend to give more protection to the rights of one subject while lack sufficient attention to other subjects. This paper attempts to carry out analyses and research on the causes and solutions to this kind of conflicts from the perspective of economic law, to achieve integrated protection of diverse interests in real estate development and operation so as to better safeguard the order in real estate development and operation and facilitate the healthy and ordered development of the real estate industry.展开更多
文摘In her book, The Human Condition, Hannah Arendt states: "we are all the same, that is, human, in such a way that nobody is ever the same as anybody else" (1998, 8). In this statement, we are the same (equality) and yet nobody is ever the same as anybody else (plurality). This may sound contradictory yet what it means is that there is a common base which makes us all the same, and precisely because of this base, we are able to make comparisons and hence differentiate one from the other because we are all different. When analyzing two concepts, an equal status in at least one normatively relevant respect is needed. Where there is one, there is the other precisely because of the other and vice versa. The fact that it is only at least one respect that is needed implies the existence of other aspects that act as common distinguishing factors. Therefore, distinction implies equality. The paper will explore how according to Arendt, equality, a political concept, has been perverted into a social concept. In her view, previously, differing circumstances and conditions served as "protection" and actually had a protective role. An explanation will thus be given as to how a lack of these differences in the modem period has resulted in a challenge and how this challenge has created unexpected problems for the human condition. This implies reflexivity between political theory and the human agent, and will be presented from Arendt's perspective.
文摘In the development and operation of real estate, real estate development enterprises as the principal subject would often establish contractual relationships with subjects of diverse interests including removed households, banks, construction project contractors, and buyers. At times, conflicts of interests might occur among these contractual subjects requesting civil and commercial claims of the same subject matter based on agreements or legal rights. As for the causes of these conflicts and their solutions, a majority of existing researches still stay at the superficial causes from the perspective of civil and commercial law, and the solution of determining the order of priority of compensation of related rights. Due to the lack of research into deep-seated reasons and solutions from the perspective of economic law, the current legislative and judicial approaches to this kind of problems tend to give more protection to the rights of one subject while lack sufficient attention to other subjects. This paper attempts to carry out analyses and research on the causes and solutions to this kind of conflicts from the perspective of economic law, to achieve integrated protection of diverse interests in real estate development and operation so as to better safeguard the order in real estate development and operation and facilitate the healthy and ordered development of the real estate industry.