外侨对日军轰炸广州暴行的见证与揭露——以广州外侨对华正义会为中心

日军空袭广州期间,广州外侨数十人共同创立“外侨对华正义会”,通过会刊、宣传册、广播、报纸、电报等媒介,揭露日军轰炸平民真相、呼吁国际社会援华。他们留下的文字均为即时生成的重磅材料,这些材料通过多种渠道广泛流播到世界各地,不时为西方主流媒体所引用,其潜在影响不可低估。他们的见证是广州轰炸既有史实的有力验证和补充,对国际社会而言比中文材料更具客观性和说服力。正义会的言行,体现出强烈的国际主义精神和嫉恶如仇的公义原则,在一定程度上反映出当时西方社会对日本侵华的态度。

中国传统司法中的默会正义及其当代价值--基于“情法两尽”的话语阐释

“情法两尽”被视为传统司法的理想目标和基本原则,然而“情”的多义性和价值分歧成为“情法两尽”当代转化的话语瓶颈。从“默会”知识的维度来看,作为法律首要价值的“正义”理念,是联结普遍性的明言知识和具体情境的默会知识的结合体。基于对本土司法实践的考察,“情法两尽”可以理解为传统司法中的“默会”正义。中国传统文化中广泛存在的“意会”认知方式支持了“情法两尽”理念的传递,以准情酌理为手段的“默会”是“情法两尽”的重要实现方式。“情法两尽”既包含正义的法律价值追求,同时也是基层司法中行之有效的司法方法,这两者共同构成了“情法两尽”的当代价值。

论法律预期目的冲突司法救济的默会维度——一个默会正义的思考

法律不仅是能通过语言表达的逻辑化、体系化的明述知识,而且很多时候也是无法通过语言表达,只可意会的修辞性、亲知性的默会知识。司法通过个案救济法律预期目的冲突时,既面对着在冲突的法律预期目的之间的选择,也面对着在冲突的诉求和“证据”面前的采信,还面对着法律适用于案件事实中的妥适性、可接受性等问题。这些都是法官面对的默会知识。藉此,法官在个案裁判中追求的正义,在很大程度上是默会正义知识。此外,法官在裁判相关问题时,其本身的经验、亲识,以及判断是非、运用法律、协调正义的独特能力等,更增添了司法救济法律预期目的冲突时的默会内容。

Communalism as a Theory of Justice and the Human Person in African Culture

Discussions about justice in cross-cultural context give rise to assorted theories. In this paper, issues surrounding communalism as a theory of justice in African culture will be examined with a view to show that its principles of care and fellow feeling could be worked out to address the problem of alienation from society characterizing some members of the contemporary African society. Recognition of the social dynamics of human society and relationships is of essence to communalism. As a theory of justice and a world view, communalism describes the human being as ＂being with others＂ and what that should be. The expression, ＂I am because we are, and because we are, I am＂ is the driving force of the communalistic society. Such a society is characterized by care, love, belongingness, solidarity, and interconnectedness. The aim of this paper is to highlight the manifestations of the idea of justice in communalism using leadership or governance, consensus in decision making, moral rules, punishment for wrong doing, and the equitable distribution of resources. It also aims to show that the communalist idea of justice is integrationist in outlook being constitutive of political and socio-economic elements, which the individual enjoys in practical terms as opposed to the paper rights, which citizens in much of the contemporary societies enjoy. The paper notes that drastic changes have occurred in the socio-economic relations within African societies as a consequence of acculturation subsequent to European colonization and these have had far reaching consequences.

A New Dimension of the Study of Urban Sports Population

It is possible and necessary to make a combined study of urban sports population and theory of social justice. Theoretically, sports population study belongs to sociology, but at present it is still confined in the ＂sports study＂ , thus due attention has not been paid to its sociological value and significance. On the other hand, the study of social justice tends to focus on material aspect and overlooks the spiritual aspects such as the sports justice. In reality, when it comes to urban sports population, there are problems of social justice as are mainly reflected in the unbalanced structure and severe disproportion of the social resources among different strata. Therefore it is highly necessary to explore solutions to the above problems by combining the two aspects, which in turn can help the theory of social justice to broaden its scope of application.

On Forgiveness and Justice＂ The Difficulties of Western Societies in Achieving a Coherent Discourse about Forgiveness＊

Forgiveness plays a main role in transitional justice, it is important to verify how forgiveness is justified by contemporary societies. No contemporary mentality can avoid the intuition that we are facing a reality that seems to belong to the field of religion. Hence, what interests us is precisely the moral consideration of this discussion. Facing the morality of forgiveness, the questions that are raised with respect to each type are： whether it is possible to forgive and whether one should forgive. The inherent contradiction of those who affirm the obligatory nature of forgiveness results in the supererogatory character of forgiveness. If all forgiveness is supererogatory in itself, then all forgiveness is always presented as something undeserved. Thus, we do not have supporting points to embark on a discourse about forgiveness. The result is that our political communities do not really know how to manage situations such as transitional justice.

＂Actual Experience＂＂ Correcting Misconceptions Through Analyzing Harriet Wilson＇s Our Nig

African-American writers during the 19th century wrote in the shadow of the prominent romance, sentimental, and domestic fiction. Harriet Wilson＇s Our Nig （1859） reflects an ＂alternative social character＂, for the female protagonist suffers racism in the free North, because she is a mulatto child. Through depicting the life of free blacks, who supposedly lives a better life than Southern slaves, Wilson exposes how she has actually lived and sensed life in antebellum America. According to Raymond Williams （2011）, there are two kinds of literary writings. The first represents the general tendency of the age, and he calls it ＂dominant social character＂; representing the majority content of both the public writing and speaking. But, another different literary writing lives in its shadow; one that usually leads the conflicts of the time. It is the ＂alternative social character＂; the literature of the victims of repression and marginalization, produced by the lower class, women, and blacks. They reflected how they were dehumanized, and exposed their suffering and abasement. They also aimed to prove individualism. The novel reveals how racism in the North could be worse than the slavery of the South. This paper shows Wilson deviation from the ＂her brethren＂ in writing her novel. It unveils significant truths concerning black women＇s status in antebellum America. It discusses how the author attempts to correct certain misconceptions through her female character

Land Grab and Land Grant:Contextualizing Landscape Justice in Social Forestry in Indonesia

Social forestry has emerged as a popular approach to achieving landscape justice by empowering local communities.However,the development and implementation of such programs often face challenges.This paper explores the concept of landscape justice within the context of Indonesian social forestry in two ways.First,it juxtaposes the social forestry program with palm oil plantations to highlight the relationship between environmental initiatives and capital expansion,and the formation of green capitalism.By examining the historical development of social forestry,the paper argues that current political and legal frameworks have facilitated the depoliticization of previously radical,anti-capitalist,and anti-palm oil civil movements,despite notionally“empowering”local communities.Second,the paper interrogates the inclusivity of the social forestry program within local communities,noting that NGOs sometimes label local people as“cooperative”or“stubborn,”thus overlooking the pre-existing social tensions.The paper posits that more attention should be given to the social foundations underlying environmental projects and the new eco-social structure arising from environmental governance.

摩洛哥伊斯兰激进组织、活动及政治主张

摩洛哥伊斯兰激进组织的产生有其复杂的社会背景 ,主要的激进组织有正义会、正义党等。正义会的活动长期受到政府压制 ,正义党则是得到政府承认的合法政党。它们的政治主张不尽相同 ,但在提倡制定渊源于伊斯兰教法的社会议程、反对社会改革 ,以及阿以问题上立场一致 ,两者也都主张进行非暴力斗争。此外 ,在摩洛哥还存在一些宗教极端组织 ,如赛拉菲耶圣战组织等 ,它们主张用暴力方式实现自己的目标。在摩洛哥的未来政治生活中 ,伊斯兰激进组织和宗教极端主义势力将利用时机 ,继续向政府发起挑战 ,给摩洛哥政局造成一定的冲击。

Institutional Incentives, Game Equilibrium and Social Justice： Toward a Unified Theory of Pure Jurisprudence

This article seeks to make a constructive advance in jurisprudential theory by employing the unified analytical framework of modern social science. We first outline the main ideas of individual rational decision-making and game theory and of social choice and mechanism design, before offering a preliminary discussion of their application to legal issues. The core thesis is that the law in combination with other social norms provides institutional incentives to all actors in society. Legislators＇ social justice objectives can be reasonably enforced only as a result of behavioral equilibrium in the social game.

Distributive Justice and Social Desert

Desert is the core concept of justice, and social desert is the core concept of distributive justice. Distributive justice involves not only the self-ownership of each person, but also the public resources people share and the social fights and economic interests they acquire from the state and society. Everyone has total self-ownership, which forms the basis of many of the rights they enjoy, but this is not the basis of their social desert. Social desert refers to the public value and shared resources that each person can acquire from society. Its basis is people＇s status as members of a community, a status determined by their position in the political, social and economic structure. Social justice means that everyone gets their just desert in the socioeconomic sphere. The theory of social desert is a theory of resource distribution concerned with social justice in the distribution and allocation of basic social resources. It advocates not only the protection of self-ownership and careful treatment of self-ownership transactions, modifications, and compensation, but also equal enjoyment of basic social resources. Announcing a return to the starting point of social justice, it provides a feasible path to easing social contradictions.

The Cultural Discovery and Practical Implications of “Chinese Values”

The social reforms in China since the late 1970 s represent an arduous process in which the Chinese nation,in its own way,has reflected upon the many disadvantages of the ＂civilization of modernity,＂ and has explored,created and practiced ＂Chinese values,＂ pursuing and shaping new spiritual convictions and new（rational） value beliefs for its national culture.In a deeper sense,＂Chinese values＂ are endowed with a marked orientation toward practice and follow the logic of genuinely implementing society＇s ＂public values＂ on the basis of the intrinsic and organic integration of the personal and public and the national and cosmopolitan.This manifests the pursuit of a noble belief in justice and a commitment to a universal and genuine good life for the Chinese populace today.What ＂Chinese values＂ seek to forge is an image of ＂the Chinese＂ that manifests not only the disposition and breadth of vision of a contemporary ＂citizen of the world,＂ but also the fine traits of tolerance,benevolence,responsibility,and courage,as well as self-esteem,self-improvement,confidence,and self-reliance.

The Basic Principles and Value Dimensions of Achieving Distributive Justice through Social Institutions

To achieve the value goal of distributive justice, human society turns to the rational design and organization of social institutions. The construction of social institutions aimed at distributive justice should observe the following principles： equal opportunity, equal distribution of benefits and obligations, rational distribution criteria and procedures, and rectification of injustices. Social institutions established on these principles demonstrate inherent fairness and can ensure that social resources are distributed in an equitable way. For social institutions to ensure distributive justice is of great practical significance because this helps society integrate individuals＇ singular intentionality of pursuing distributive justice into a collective intentionality that fosters a social perspective on investigating distributive justice, establishes an egalitarian concept of distributive justice, and provides more effective protection for acts promoting distributive justice and stronger sanctions for acts undermining it. This maintains and enhances the interests of both advantaged and disadvantaged groups in distribution.