Legal and Philosophical Fictions: At the Line Where the Two Become One

Anti-foundationalism is a central topic in recent legal scholarship. The critical legal studies movement (CLS) has mounted a strong challenge to the traditional belief that legal materials (constitutions, statutes, and precedents) determine legal outcomes and constrain judicial decision making. This scholarship has overlooked, however, the degree to which the debate between traditional legal determinacy and anti-foundational indeterminacy is yet another manifestation of a continuous debate in Western thought – one that has its roots in pre-Socratic rhetoric and philosophy.This paper traces the indeterminacy thesis back to the contest of ideas between Protagoras and Plato. I examine two well-known and elated Protagorean notions: first, that two arguments (logoi) are always set in opposition to one another with regard to every matter and, second, that the rhetorician can always make the weaker argument the stronger. I contend that taking these Protagorean notions seriously – perhaps even more seriously than self-avowed anti-foundationalists customarily do – leads paradoxically to a modified endorsement of foundationalism that is nevertheless wholly consistent with the Protagorean project. Calling upon texts by Aristotle, Seneca and René Girard, I focus upon how fictionality in representations of Platonically conceived Truth reveals a binarization in thought that is simultaneously untenable and unavoidable.     

公民的两种身份及其道德要求

“公民道德”意义上的公民具有两种身份,一是法律身份,一是社会身份。不同的身份决定了对个体不同的道德要求。一般来说,这两种身份统一于一个具有完全责任能力的个体之中,不同的身份只能出现在不同的场合或者承载不同的社会关系,场合不同、社会关系不同,对他的道德要求就不一样,二者不能混淆,即身份是不能僭越也不能放弃。但是,两种身份的道德要求在底线上是一致,这就是说,两种身份的责任和道德要求在特定的场合和社会关系之中可以融通。     

加强我国农民工职业病防治工作的思考

我国现有两亿多农民工,且遭受不同程度的职业病危害,以致近年新发现的职业病人几乎是农民工,但他们却没享受法律规定的平等待遇,为此中央领导多次批示,要求制定有利于《职业病防治法》贯彻落实和职业病防治工作的制本之策。结合广西开展农民工职业病防治工作的实践,指出其6个方面的主要原因和防治对策。     

人的所有制与人权概念

人的所有制是被用来从总体上表明一个人类共同体内部各成员之间占有关系的一种社会制度或社会关系;人的所有制是人类社会最基本的经济制度,它是区别和划分人类历史上各种不同经济形态的根本标志,是一个比生产资料所有制更为重要和更为基本的社会所有制的存在形式;人权概念是一个先后为在相关人类共同体中分别建立和维持人的公民所有制、劳动力的公民所有制、公民所有制的劳动者人身所有制、人格的公民平等、人的个人所有制、劳动力的个人所有制、个人所有制的劳动者人身所有制、婚权的个人所有制和使包括所有成年女性在内的所有社会成年成员享有人格的人类平等、劳动力的部分社会所有制等社会制度而被提出来的哲学概念、法律概念和政治概念。     

Citizens' Sense of Justice and the Legal System

When an actor commits a wrong action, citizens have perceptions of the kind of responsibility the actor incurs, the degree to which the act was mitigated or justified, and the appropriate punishment for the actor. The legislatively mandated law of criminal courts, statutes, and criminal codes deals with the same issues. Experimental evidence shows that there are important discrepancies between the principles that people and legal codes use to assign responsibility. That is, the moral retributive-justice principles that people use are sometimes in conflict with the directions in which modern code drafters are taking criminal law. These discrepancies may cause citizens to feel alienated from authority, and to reduce their voluntary compliance with legal codes.     

裸露尤“物”:性客体化影响社会认知的眼动证据

客体化理论认为,对女性身体的关注会导致对其能力、热情和道德等社会属性评价的降低,然而以往研究缺乏直接证据。本研究以50名大学生为被试,采用眼动仪考察了对泳装图片和非泳装图片人物聪明程度评价过程中的眼动特征,结果发现:相比非泳装图片,被试对泳装图片人物的聪明程度评分更低;相比非泳装图片,被试对泳装图片人物胸部的注视点更多,注视时间和首次注视时间更长,对面孔的注视时间和首次注视时间更短。眼动特征表明,对泳装图片社会感知过程中存在客体化注视,直接且直观地支持了客体化理论。     

Patterns of 4-month-old infant responses to hidden silent and sounding people and objects

Responses of 4-month-old infants to hidden people and objects were investigated with equated task demands. Twenty-one 4-month-old infants were administered a combined task, in which they were shown a sounding stimulus that continued to sound after hiding, an auditory task, in which sound was the only source of information about the position of the object in space, and a vision task, in which a silent stimulus was shown to the infants prior to hiding. Five infant behaviours were coded: reaching, gazing, body movements, vocalizations and smiles. The infants reached significantly more for hidden objects than for people, to whom they vocalized instead. They further smiled, and moved their bodies more towards their invisible mother than to the other stimuli. Thus infants responded differentially to people and objects whether the stimuli were soundless (so that there was no cue to their presence) or not. This suggested that infants appreciated (a) that an object had been hidden; (b) this object was either animate or inanimate; and (c) different procedures were appropriate for the retrieval of, or for interacting with animate and inanimate objects. Discussion centres on the underlying representational system that allows for such appreciation.     

Creators and Presses: The Person–Situation Interaction in Negative Creativity

Given the recent emphasis on exploring valence in creative behavior, this study examines negative creativity via a person–situation interactionist perspective. By manipulating goal valence (uses or misuses) and object valence (positive or negative), four conditions of an adapted Divergent Thinking task were used to predict positive and negative creativity. Participants (N = 178, 103 females, M_age = 23.82, SD = 4.03, range: 18–38) responded to a single condition along with the Big Five and Dark Triad personality scales in a between-groups design. Hierarchical multiple regressions revealed that goal and object valence significantly explained variance in valences of creative responses, beyond individual differences of personality. Furthermore, the congruence between goal and object valence predicted valenced creativity; that is, the positive objects and goals condition yielded more positive-original ideas, and the negative objects and goals condition yielded more negative-original ones. Object valence alone (material presses) did not contribute significantly to explaining valenced creativity. Negative-original responses were inversely related to conscientiousness, and directly to intellect/imagination and secondary psychopathy. Thus, negative creativity was attributed relatively more to person as compared to situation variables. Results are discussed from a valence-based and interactionist perspective.