涉外因素识别条款之扩张解释的适要性与基准——以西门子诉黄金置地案为切入

在上海西门子国际贸易公司诉上海黄金置地公司案中，裁决者是否有必要对涉外因素识别条款进行扩张解释的问题备受争议。缘于涉外因素识别条款本身固有的诸多结构性弊病及条款日益凸显的滞后性与简单僵化的征象，法律适用者对涉外因素识别条款的扩张解释是适要的。为谨防扩张解释的舛误与滥用，涉外因素识别条款的扩张解释必须恪守其原则和原旨基准容许的边界。涉外因素识别条款的扩张解释必须严格遵循国际私法基本原则的价值指引和严密契合国际民商事实践新发展诉求的宏观基准。且涉外因素识别条款之扩张解释必须依循涉外因素概念的内涵和外延展开解释的微观基准，遵循从涉外因素的应然外延至本源内涵的识别序列展开解释。     

Prioritization of sustainable supply chain practices with triple bottom line and organizational theories: industry and academic perspectives

Abstract

The purpose of this study is to investigate the influence of sustainable supply chain management (SSCM) practices on triple bottom line (TBL) measures from the perspective of organizational theories. This study identified five SSCM practices using a comprehensive literature review and feedback from industry experts. These five practices were prioritized using a fuzzy analytical hierarchy process (FAHP). The results from FAHP analysis were further confirmed by conducting semi-structured interviews in five electronics parts/components manufacturing organizations. This study also prioritized theoretical drivers of SSCM adoption based on the consideration of three organizational theory perspectives – Institutional Theory; Resource-Based View, and; Social Network Theory. The results indicate that the economic dimension was the most important measure for implementing SSCM while sustainable design was the most important SSCM practice for achieving the TBL. The study also found that Institutional Theory is the most important theoretical driver for implementing SSCM. The research findings provide insight for management to allocate necessary resources and to develop effective strategic directions for the implementation of SSCM practices.     

Note passing as gendered practices of public ambiguity in a hyper‐masculine organization

This article explores a surprising and seemingly mundane organizational practice: passing notes during professional meetings. Based on 34 in‐depth interviews with women in a hyper‐masculine organization — the Israeli military — this study focuses on what I term gendered practices of public ambiguity. It demonstrates how these practices shed light on three interrelated paths to power at work: (i) practices of public intimacy between men; (ii) practices of women's degradation by men; and (iii) practices of recognition claims by women. The tension between the publicity inherent in the routine passing of notes and the ambiguity of their contents calls for a more nuanced theorization of gendered power practices, which transcends the accepted dichotomy of doing and undoing gender, reproducing or challenging the symbolic gender order. The findings show that gendered micro‐practices can become polysemic symbolic spaces in which women redirect the flow of power, if only temporarily and locally, and turn it into a multidirectional and multi‐agentic resource. The conceptual contribution of these findings is discussed in terms of the positioning of women in hyper‐masculine environments as pragmatic subjects who (re‐)construct mechanisms of power out of the restricted repertoire available to them.     

Theorising the power of citizenship as claims-making

I advance a conceptual approach to citizenship as membership through claims-making. In this approach, citizenship is a relational process of making membership claims on polities, people and institutions, claims recognized or rejected within particular normative understandings of citizenship. Such a conceptual shift moves scholarship beyond typologizing—enumerating how citizenship is (or is not) about status, rights, participation and identity—to identifying the mechanisms through which claims on citizenship have power. This framework requires a relational approach and attention to dynamics of recognition within contexts of structured agency. Immigrants and their children can make claims to modify the normative content of citizenship, affect recognition evaluations and change the allocation of status and rights. But they are also constrained by legal structures, a society's institutional practices, and prevailing public perceptions. Citizenship as claims-making may require a reassessment of boundary approaches and a turn to metaphors of positionality, as well as more serious commitment to mixed-methods research. The stakes of understanding citizenship's power, as practice and status, are especially high right now. Yet based on existing scholarship, it is not entirely clear how much citizenship matters, in what ways, for whom, or why. This is the challenge for future scholarship.     

Women's entrepreneurship,neoliberalism and economic justice in the postfeminist era: A discourse analysis of policy change in Sweden

Since the early 1990s, there has been investment in women's entrepreneurship policy (WEP) in Sweden, which continued until 2015. During the same period, Sweden assumed neoliberal policies that profoundly changed the position of women within the world of work and business. The goals for WEP changed as a result, from entrepreneurship as a way to create a more equal society, to the goal of unleashing women's entrepreneurial potential so they can contribute to economic growth. To better understand this shift we approach WEP as a neoliberal governmentality which offers women ‘entrepreneurial’ or ‘postfeminist’ subject positions. The analysis is inspired by political theorist Nancy Fraser who theorized the change as the displacement of socioeconomic redistribution in favour of cultural recognition, or identity politics. We use Fraser's concepts in a discourse analysis of Swedish WEP over two decades, identifying two distinct discourses and three discursive displacements. Whilst WEP initially gave precedence to a radical feminist discourse that called for women's collective action, this was replaced by a postfeminist neoliberal discourse that encouraged individual women to assume an entrepreneurial persona, start their own business, compete in the marketplace and contribute to economic growth. The result was the continued subordination of women business owners, but it also obscured or rendered structural problems/solutions, and collective feminist action, irrelevant.     

承认的社会构成

霍耐特的承认理论是当代最受重视的社会理论之一。然而，在霍耐特援用米德的理论将承认概念加以社会理论化的工作中，没有进一步探讨社会互动，使得他的承认理论存在内在缺陷。对此，本文尝试进一步从社会互动的生成分析出发，探讨承认的社会构成。通过对承认的社会构成机制的分析，可以将承认明确定义为一种社会互动，其中，由于行动者因与其他行动者有相同、或被接受的观念与实践方式，故有可能被其他行动者同意该行动者的存在价值，使之能获得所需的社会行动的支持。一方面，霍耐特的理论内在缺陷可以从社会学的角度在一定程度上得以弥补；另一方面，经修补之后，也可望让承认理论为社会学提供新的研究视角。     

Relationship management through social media influencers: Effects of followers’ awareness of paid endorsement

This study aimed to examine the effects of awareness of paid endorsements by social media influencers on followers’ cognitive persuasion knowledge (ad recognition), attitudinal persuasion knowledge (relationships with the influencer), and behavioral intentions, specifically eWOM intention and purchase intention. Employing an online survey (N = 269), this study found that awareness of paid endorsement relates to ad recognition, which is correlated with purchase and eWOM intentions. We also found that awareness of paid endorsement is correlated with influencer-follower relationship, which is associated with purchase and eWOM intentions. However, ad recognition does not affect influencer-follower relationship. Implications for public relations theory, practice, and policy are discussed.     

概念、社会与规范性——黑格尔的规范性理论之争

罗尔斯等人对康德的道德哲学做出了建构论的解读,从此将建构论带入到规范性研究中。因为不满康德哲学自身的理论困境,以布兰顿、皮平为代表的社会建构论开始了对黑格尔的规范性研究,将之视为对康德哲学的社会化,把以相互承认为基础的社会视为规范的来源,这一解读方式被称之为“标准解读”。在社会建构论的影响下,斯特恩、莱蒂宁等人分别提出了对黑格尔哲学的规范性解读。一时间,对黑格尔规范性的研究产生了众多丰富的理论成果。考察这一时段理论得失,有助于我们推动黑格尔的规范性研究。     

Politics beyond identity: reconsidering the civil rights movement in Northern Ireland

The Northern Irish civil rights movement, like other minority or subaltern struggles, has been interpreted in terms of the national minority’s struggle for state recognition. Such frameworks emphasise the importance of identity in political conflict and tend to assume the state as guarantor of the recognition of identity. The difficulty here is that political possibilities that exceed the terms of identity and the state are obscured. Moreover, the interpretation of the Northern Irish conflict in these terms forms part of the consociational approach to conflict resolution which operates as normative underpinning to the post-conflict state. This article provides an alternative interpretation of the political significance of the civil rights movement. Rather than assuming the analytical usefulness and political significance of identity, I seek to trace the tension between identity and disidentification within the movement, drawing attention to the ways in which activists were aware of, and sought to respond to, the dangers of identity politics.     

季节性冻土地区保温护道路基温度场数值模拟

研究路基及周围土体温度的分布规律是分析季节性冻土地区路基稳定性的重要基础,结合哈齐客专DK221+150断面3 a的现场监测数据,分析了天然地表及路基不同位置的地温分布规律;建立温度场的仿真模型,研究温度沿深度方向的变化规律;利用实测数据验证模型,分析保温护道高度对路基温度场的影响。现场监测和模拟计算结果表明：护道对路基的边坡下部和坡脚处影响较大,能够有效减小冻深,但对路基中心的温度场影响不大。