人工智能体刑法地位的教义学反思

随着智慧社会的到来，人工智能体广泛应用于社会各个领域，智能水平不断提升，与之相关的犯罪问题逐渐走向理论和实践的焦点。人工智能体冲击着刑法教义学主体和客体相区分的二元结构，引发了广泛的讨论和争议。探讨人工智能体的刑法地位应当改变混同分析主体性和能力性的思路，区分不法和责任两个层面进行研究。应基于人工智能的发展阶段，明确现阶段人工智能体仍然属于弱人工智能，因此其无法成为犯罪人或被害人，也无法具备责任能力或承担刑事责任。但是人工智能体日益可能成为犯罪对象，与之相关的自然人和法人犯罪也应当受到重视。探讨人工智能相关的刑法问题应当立足于教义学的基本立场与理论范式。     

Fabrication of a desired truth: the oblivion of a Naxalite woman in Jhumpa Lahiri’s The Lowland

Jhumpa Lahiri’s The Lowland (2013) explores effects of the 1967 Communist Naxalbari uprising in West Bengal India. Irrespective of the glowing reviews the author earned for her truthful representations, the novel presents the pro-Communist uprising in a particular discursive regime that establishes a particular way of remembering and forgetting. Drawing on Foucault’s notion of ‘subjugated knowledges,’ this essay seeks to examine the epistemic hegemonies and mainstream perspectives of the novel that have confined particular experiences and memories of the movement to the margins and rendered them unworthy of epistemic respect in the battle among power/knowledge frameworks. The novel reconstitutes a gendered history of the movement in which women’s story of engagement is spatiotemporally erased and reformulated. I argue that the genealogy of this particular oversight is rooted in the heteronormative capitalist ideology of the States that exercises discursive power over individuals to fabricate a desired truth.     

At the intersection of idealized youth and marginalized almost-adulthood: how girls negotiate young motherhood in London,Ontario

This article discusses how young mothers in London, a mid-size city in Canada, utilize a drop-in centre service while attending an alternative programme to acquire secondary school credits. The central arguments made here are informed by key concepts in the field of girlhood studies. With its attention to the interconnections between gender, age, and generation as well as other aspects of social identity, girlhood studies provides crucial insight into the lived experiences of young mothers who straddle the space between girlhood and adulthood. We interpret the experiences of the young mothers who participated in this study in light of shifting meanings and expectations of girls and girlhood in the neoliberal era. Drawing on the concept of the ideal neoliberal girl subject embodied in the ‘can do’ and ‘at risk’ girl, this paper highlights the tensions in accessing a drop-in centre, which functions as both a site of security and surveillance, for a group of young mothers receiving social services. The findings revealed how girls who are mothers struggle to live in the present to assert a legitimate maternal identity even as they are prepared for the future through neoliberal public policies and other disciplinary practices.     

Beyond bureaucracy and entrepreneurialism: Examining the multiple discursive codes informing the work,careers and subjectivities of management graduates

This paper examines how discursive codes and demands associated with ‘bureaucratic and entrepreneurial regimes’ of work and career organization shape the work, careers and subjectivities of management graduates. The study is based on an analysis of 30 narratives of management professionals who graduated from an Austrian business school in the early 1970s or 2000s. Its insights suggest that variegated discursive codes manifest in the graduates’ articulated professional practices and subjectivities, thereby challenging established assumptions regarding the organization of work and careers. While the practices and subjectivities of the 1970s graduates are often informed by codes and demands ascribed to ‘entrepreneurialism’, those of the 2000s graduates are infused with several codes commonly portrayed as ‘bureaucratic’.     

The self as the locus of morality: A comparison between Charles Taylor and George Herbert Mead's theories of the moral constitution of the self

This paper provides a critical comparison of two leading exponents of the relationship between morality and selfhood: Charles Taylor and George Herbert Mead. Specifically, it seeks to provide an assessment of the contribution each approach is able to make to a social theory of morality that has the self at its heart. Ultimately, it is argued that Taylor's phenomenological account neglects the significance of interaction and social relations in his conceptualisation of the relationship between morality and self, which undermines the capacity of his framework to explain how moral understandings and dialogic moral subjectivity develop in a world of shared meaning. I then argue that Mead's pragmatist interactionist approach overcomes many of the flaws in Taylor's framework, and offers a grounded conceptualisation of the relationship between self and morality that is able to provide a basis for a properly social account of moral subjectivity.     

Dancing Ourselves to Death: The Subject of Emma Goldman's Nietzschean Anarchism

Abstract

This article draws together two lively and provocative radical theorists, Emma Goldman and Friedrich Nietzsche, and suggests that a reading at their intersections can inspire political thought, action, and resistance in particular ways. The argument is framed through and productive of a particular archetype which emerges from a reading of these thinkers, that of The Dancer. Both Goldman and Nietzsche have been noted for their affect-laden reflections on dance, as an image of the subject which evades capture within the frameworks of discipline, morality, and ressentiment and which instead commits to a ceaseless and creative insurrection of- and- against the self. Here, I argue that through this image of The Dancer we can conceptualise a form of critical or anarchic subjectivity which can provocatively interpret and inspire radical political action. In the article I look at some of the ways in which dance has formed an important component of radical politics. However I also argue that dance as understood in the terms established through Goldman and Nietzsche moves beyond corporeal performance, indicating a more general ethos of the subject, one of perpetual movement, creativity, and auto-insurrection. I also reflect on the difficulties involved in the idea of ‘self-creation’; as we can see from the more problematic dimensions of Goldman's thought, creation is an ethically and ontologically ambiguous concept which, when affirmed too easily, can serve to mask the subtleties by which relations of domination persist. With this in mind, the article goes on to discuss what it might mean to ‘dance to death’, to negotiate the burden of transvaluation, limitless responsibility, and perpetual struggle which these two thinkers evoke, in the service of a creative and limitless radical political praxis.     

责任与法律责任

责任概念的变迁,显示了责任具有内外两个层面的内涵。随着社会高度组织化和功能分化,法律系统从社会系统中分立出来,法律责任也随之从责任分立出来,成为体现责任外在性层面最重要的表征。责任与法律责任的变迁可归因于责任内在性层面的发展动力。然而,当下法律责任对责任内在性诉求的回应尚且滞后,期待公法责任在责任内涵的变迁中发挥更重要的作用。     

英语频度副词ALWAYS主观性嬗变的历时研究

作为现代英语中不定期频度副词的代表, always体现了一定的客观意义。然而追溯至十七世纪,always体现为更强的主观意义。本文基于十七世纪至二十世纪的英语语料,考察了always的主观性演化情况,涵盖了 always与人称代词、认知动词和否定算子等语言因素的共现情况。结果发现：从十七世纪到二十世纪always不仅体现出客观化趋势,还出现了范畴分化的现象。这一研究结果对于我们重新认识语言的主观性现象以及意义演化等问题具有一定的参考意义。     

贫困农户脱贫主体性不足的发生逻辑

“干部积极干，农户站边看”的贫困群体脱贫逆化现象影响着农村社会的健康发展和脱贫攻坚工作的高效开展。通过田野调查发现，贫困农户脱贫主体性不足的发生逻辑首先在于小农理性下受利益驱使的农户形成争当贫困户的“自愿型贫困”，造成贫困农户“不愿”脱贫；其次，贫困农户在贫困识别、资源匹配和脱贫行动选择方面因决策受限形成“边缘化治贫”，造成农户的“不能”脱贫；最后，贫困农户受贫困文化影响导致“精神贫困”，造成贫困农户的“内卷化脱贫”。因此，需要从增加贫困农户脱贫意愿和强化贫困农户内生脱贫能力两个维度来构建贫困农户的有效脱贫主体性。     

第一次世界大战期间英国伤残士兵抚恤金制度改革

伤残士兵抚恤金制度是第一次世界大战期间英国政府对退伍的伤残士兵发放抚恤补贴的制度。第一次世界大战爆发后，英国政府对这项制度进行了一系列的改革。新自由主义社会思潮的影响、英国民众的推动以及维护军队的稳定等是造成这种转变的主要原因。