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
Cosmopolitan democracy model is presented by David Held, beyond idealistic perspectives of left and right ideologies, mainly with a legal view, and found a global impact. As a prominent theorist in the field of democr...Cosmopolitan democracy model is presented by David Held, beyond idealistic perspectives of left and right ideologies, mainly with a legal view, and found a global impact. As a prominent theorist in the field of democracy studies, David Held, by integrating the principle of autonomy in the model of constitutional democracy with the principle of participation in the model of participatory democracy, introduces a novel composition named ＂cosmopolitan democracy＂ that is a conception of democratic legal relations. Held is the first man who seeks to investigate democracy separated from the ideological models in relation to general human rights and identifies main areas of power in human life. He considers totally seven sets of rights necessarily enabling people to enjoy a free and equal participation in setting their communities. These rights include： right to health, welfare rights, cultural rights, civil rights, economic rights, political rights, and the right to enjoy a peaceful livelihood. Held＇s ultimate desire is to realize ideals of cosmopolitan democracy model in the global sphere, beyond the lessons of the West and the East. Through rethinking the theoretical and practical frameworks of this theory in today＇s world, the current paper seeks to study its role in reproducing democratic realism so that it would prepare the ground for the global consensus far from the ideal models.展开更多
The liberty of expression is one of the most important values in the human society, and a tolerant, unconstrained social atmosphere can provide personal development with a healthy and harmonious environment. Since the...The liberty of expression is one of the most important values in the human society, and a tolerant, unconstrained social atmosphere can provide personal development with a healthy and harmonious environment. Since the modern times, the liberty of expression has been gradually deemed by academic circles and all walks of life as a basic human right, and also has been fixed as a basic right of citizens through the legal form. The purpose of this paper is to clearly analyze the kernel and value of the liberty of expression through a historical review, so as to specifically sort out the development course of the liberty of expression and also excavate its implied meanings. In addition, the embodiment of the liberty of expression in both theory and practice since the modern times is analyzed around the limit theory of the liberty of expression, and then the opinions of the author are drawn up. Thus, some new ideas and views are provided for the future development of the liberty of expression from a new perspective.展开更多
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Cosmopolitan democracy model is presented by David Held, beyond idealistic perspectives of left and right ideologies, mainly with a legal view, and found a global impact. As a prominent theorist in the field of democracy studies, David Held, by integrating the principle of autonomy in the model of constitutional democracy with the principle of participation in the model of participatory democracy, introduces a novel composition named ＂cosmopolitan democracy＂ that is a conception of democratic legal relations. Held is the first man who seeks to investigate democracy separated from the ideological models in relation to general human rights and identifies main areas of power in human life. He considers totally seven sets of rights necessarily enabling people to enjoy a free and equal participation in setting their communities. These rights include： right to health, welfare rights, cultural rights, civil rights, economic rights, political rights, and the right to enjoy a peaceful livelihood. Held＇s ultimate desire is to realize ideals of cosmopolitan democracy model in the global sphere, beyond the lessons of the West and the East. Through rethinking the theoretical and practical frameworks of this theory in today＇s world, the current paper seeks to study its role in reproducing democratic realism so that it would prepare the ground for the global consensus far from the ideal models.
文摘The liberty of expression is one of the most important values in the human society, and a tolerant, unconstrained social atmosphere can provide personal development with a healthy and harmonious environment. Since the modern times, the liberty of expression has been gradually deemed by academic circles and all walks of life as a basic human right, and also has been fixed as a basic right of citizens through the legal form. The purpose of this paper is to clearly analyze the kernel and value of the liberty of expression through a historical review, so as to specifically sort out the development course of the liberty of expression and also excavate its implied meanings. In addition, the embodiment of the liberty of expression in both theory and practice since the modern times is analyzed around the limit theory of the liberty of expression, and then the opinions of the author are drawn up. Thus, some new ideas and views are provided for the future development of the liberty of expression from a new perspective.
