Thomas S. Kuhn is one of the leading philosophers and historians of science that investigated in-depth cases of simultaneous discoveries in science. Although his analysis of the discovery of energy conservation and ox...Thomas S. Kuhn is one of the leading philosophers and historians of science that investigated in-depth cases of simultaneous discoveries in science. Although his analysis of the discovery of energy conservation and oxygen did not focus sharply on the priority disputes involved, it is within such contexts that controversy about which scientist was the first to make a discovery takes place. Evidently, Kuhn＇s recourse to historical case studies is a clear departure from the standpoint of traditional mainstream philosophies of science （namely, logical positivism and falsificationism）, which cavalierly dismissed such concerns as irrelevant to philosophical reconstructions of science Challenges to orthodox logistic approaches were prompted by the realisation that the two dominant traditions mentioned above, in their excessive preoccupation with ＂the logical skeleton of science＂, have lost contact with real science. As a contribution to what Michael Polanyi referred to as post-critical philosophy, the present study reanalyses the tension-generating potentials of bipolar values shared by members of scientific communities. It traces the origins of the rebellion against logic-dominated philosophies of science, and identifies different post-positivist approaches that have eme^rged over the years which legitimise broadening the frontiers of the philosophy of science. Consequent upon that, some conflicting values or norms shared by members of scientific communities and how they affect the quest for scientific knowledge are underscored. Using as a case study the acrimonious priority dispute between Isaac Newton and Gottfried Leibniz concerning the discovery of calculus, the paper demonstrates that excessive concern for recognition which sometimes leads to protracted priority disputes tends to bring out the worst kind of behaviours towards colleagues even from the greatest scientists. We submit, by way of conclusion, that despite the heroic （almost god-like） reputation of such scientists, they are human and, therefore, subject to the vicissitudes of emotional turbulence just like everyone else.展开更多
As the idea of diversified dispute resolution becomes common sense,the structural relations of different dispute resolution mechanisms have become the focus of practice reforms and theoretical controversies in China.T...As the idea of diversified dispute resolution becomes common sense,the structural relations of different dispute resolution mechanisms have become the focus of practice reforms and theoretical controversies in China.The 60-year development of the"Fengqiao Model"has always focused on the overall design of the dispute resolution system,which provides a foundation and plenty of materials for understanding these structural relationships.Combined with the development of social theory,this paper summarizes a general structural theory of dispute resolution mechanisms based on the"Fengqiao Model."This theory advocates that the structure of dispute resolution mechanisms is the outcome of the integration of state intervention,social self-regulatory,and their interactions with various dispute resolution mechanisms.It can be used to explain the formation and change of the dispute resolution system in China,the structural strain in recent years,the overall plan of structural adjustment since 2012,and the next strategic core of profound adjustment.It also can be used to explain why the"Fengqiao Model"is so persistent and widely applicable,and how the"Fengqiao Model"be converted from a local model to an overall requirement,showing the great meaning of adhering to and developing the"Fengqiao Model'at present.展开更多
The reality that social contradictions are intensifying in some parts of China has revealed some inescapable defects in the current stage of our criminal justice system and has presented new challenges to criminal jus...The reality that social contradictions are intensifying in some parts of China has revealed some inescapable defects in the current stage of our criminal justice system and has presented new challenges to criminal justice. Justice is a crucial factor in effective linkages between social governance and the path to the rule of law, and the attainment of good social governance through justice is a basic marker of a rule of law society. Using the rational choice framework to examine representative individual cases, we can see that theories of participatory governance, self-governance and polycentric governance provide an approach to the interpretation of extreme social contradictions and the reduction of social conflicts, thus constituting a theoretical support and guiding direction for the reform of the judicial system. This will enable us to create a dispute resolution mechanism consistent with the concept of societal governance and judicial principles.展开更多
Over the past several decades natural resource issues have become highly controversial, even playing out on the national or international stage. While natural resource science has advanced, the controversy has not gon...Over the past several decades natural resource issues have become highly controversial, even playing out on the national or international stage. While natural resource science has advanced, the controversy has not gone away. If anything, it has gotten worse. The reality is that natural resource managers need to be as skilled at addressing public concerns as they are with resource science. Fortunately, over the same period the social sciences have produced useful tools that can aid natural resource managers. But resource managers need to know about these tools and be trained in their use. The purpose of this article is to provide an introduction to some of the social science tools or approaches that have proven to reduce political conflict over resource issues. When beginning a major project, resource managers can review this list to see which of these approaches might prevent or mitigate controversy. References are provided for each tool as a starting place for further exploration.展开更多
文摘Thomas S. Kuhn is one of the leading philosophers and historians of science that investigated in-depth cases of simultaneous discoveries in science. Although his analysis of the discovery of energy conservation and oxygen did not focus sharply on the priority disputes involved, it is within such contexts that controversy about which scientist was the first to make a discovery takes place. Evidently, Kuhn＇s recourse to historical case studies is a clear departure from the standpoint of traditional mainstream philosophies of science （namely, logical positivism and falsificationism）, which cavalierly dismissed such concerns as irrelevant to philosophical reconstructions of science Challenges to orthodox logistic approaches were prompted by the realisation that the two dominant traditions mentioned above, in their excessive preoccupation with ＂the logical skeleton of science＂, have lost contact with real science. As a contribution to what Michael Polanyi referred to as post-critical philosophy, the present study reanalyses the tension-generating potentials of bipolar values shared by members of scientific communities. It traces the origins of the rebellion against logic-dominated philosophies of science, and identifies different post-positivist approaches that have eme^rged over the years which legitimise broadening the frontiers of the philosophy of science. Consequent upon that, some conflicting values or norms shared by members of scientific communities and how they affect the quest for scientific knowledge are underscored. Using as a case study the acrimonious priority dispute between Isaac Newton and Gottfried Leibniz concerning the discovery of calculus, the paper demonstrates that excessive concern for recognition which sometimes leads to protracted priority disputes tends to bring out the worst kind of behaviours towards colleagues even from the greatest scientists. We submit, by way of conclusion, that despite the heroic （almost god-like） reputation of such scientists, they are human and, therefore, subject to the vicissitudes of emotional turbulence just like everyone else.
基金This article is a temporary result of the study titled"Research on the Structure of Diversified Dispute Resolution,"a general project funded by the 2021 National Social Science Foundation(No.21BFX183).
文摘As the idea of diversified dispute resolution becomes common sense,the structural relations of different dispute resolution mechanisms have become the focus of practice reforms and theoretical controversies in China.The 60-year development of the"Fengqiao Model"has always focused on the overall design of the dispute resolution system,which provides a foundation and plenty of materials for understanding these structural relationships.Combined with the development of social theory,this paper summarizes a general structural theory of dispute resolution mechanisms based on the"Fengqiao Model."This theory advocates that the structure of dispute resolution mechanisms is the outcome of the integration of state intervention,social self-regulatory,and their interactions with various dispute resolution mechanisms.It can be used to explain the formation and change of the dispute resolution system in China,the structural strain in recent years,the overall plan of structural adjustment since 2012,and the next strategic core of profound adjustment.It also can be used to explain why the"Fengqiao Model"is so persistent and widely applicable,and how the"Fengqiao Model"be converted from a local model to an overall requirement,showing the great meaning of adhering to and developing the"Fengqiao Model'at present.
基金an achievement of"Research on the Models,Rules and Reform Directions of the Socialist Legal System with Chinese Characteristics"(14AKS009)a major project of both the National Social Science Fund of China and Plan 2011 of the Collaborative Innovation Center for Judicial Civilization
文摘The reality that social contradictions are intensifying in some parts of China has revealed some inescapable defects in the current stage of our criminal justice system and has presented new challenges to criminal justice. Justice is a crucial factor in effective linkages between social governance and the path to the rule of law, and the attainment of good social governance through justice is a basic marker of a rule of law society. Using the rational choice framework to examine representative individual cases, we can see that theories of participatory governance, self-governance and polycentric governance provide an approach to the interpretation of extreme social contradictions and the reduction of social conflicts, thus constituting a theoretical support and guiding direction for the reform of the judicial system. This will enable us to create a dispute resolution mechanism consistent with the concept of societal governance and judicial principles.
文摘Over the past several decades natural resource issues have become highly controversial, even playing out on the national or international stage. While natural resource science has advanced, the controversy has not gone away. If anything, it has gotten worse. The reality is that natural resource managers need to be as skilled at addressing public concerns as they are with resource science. Fortunately, over the same period the social sciences have produced useful tools that can aid natural resource managers. But resource managers need to know about these tools and be trained in their use. The purpose of this article is to provide an introduction to some of the social science tools or approaches that have proven to reduce political conflict over resource issues. When beginning a major project, resource managers can review this list to see which of these approaches might prevent or mitigate controversy. References are provided for each tool as a starting place for further exploration.
