度义因民:谋略的适用法则——兼论儒家"义利之辩"的现代转化

中国谋略文化起源于春秋战国时期的兵家,由于"不战而能屈人之兵".被逐渐广泛用到社会生活的各个方面.在当代,随着市场经济的迅猛发展,谋略文化又掀起了新的热潮.正所谓"贤则谋,不肖则欺",谋略的滥用也带来了诸多社会问题,如政治上玩弄权术、经济上坑蒙拐骗、社会交往中勾心斗角.为避免这些负面影响,先贤早就提出了"度义因民"的权谋适用法则,其中谈论"义"最典型的就是儒家的"义利之辩",但儒家的"义"强调宗法血缘等级制,与当今公平正义的标准有一定距离.为此,我们应弥补传统儒家"义"的缺失,建构符合现代标准的正义内容,将谋略的使用限制在合理合法的范围内.     

Social Work: Gender, Care and Justice

Correspondence to: Joan Orme, Department of Social Policy and Social Work, Lilybank House, Bute Gardens, University of Glasgow, Glasgow G12 8RT, UK. Summary This article, in examining gender and justice, seeks to examinethe relationship between feminist theory and social work. Specificallyit reviews writings on social work ethics and suggests thatlittle attention has been paid to feminist scholarship thatresonates with social work practice. Focusing primarily on communitycare, it demonstrates how debates within feminism have becomemore complex and have problematized understandings of both careand justice. It argues that for social work it is unhelpfulto dichotomize justice and care; we should aspire to just socialwork practice.     

Restorative Justice and Procedural Justice: Dealing with Rule Breaking

This article identifies similarities among three approaches to dealing with rule breaking: the procedural justice model, the restorative justice model, and the study of moral development. Each argues that the long-term goal when dealing with rule breaking is to motivate rule breakers to become more self-regulating in their future conduct. This goal is undermined by punishment-focused models of sanctioning. Sanction-based models, which dominate current thinking about managing criminals, have negative consequences for the individual wrongdoer and for society. It is argued that greater focus needs to be placed on psychological approaches whose goal is to connect with and activate internal values within wrongdoers with the goal of encouraging self-regulatory law-related behavior in the future.     

公正、诚信、自由：市场经济的伦理

市场经济是建立在分工与产权分立基础之上的“自发扩展”的秩序,这一秩序内生出其伦理的基础:公正、诚信、自由。公正是排他性产权主体之间进行交易的前提,是市场秩序的基础;诚信是节约交易成本,提高市场机制本身的效率的内在需要;自由是市场运行的前提预设,是市场经济运行的政治保障。     

Justice,utility, and interpersonal comparisons

One of the most common objections against utilitarianism is that it cannot account for the claims of distributive justice. This objection can be answered by appeal to the principle of Diminishing Marginal Utility (DMU), which says that the value of a given portion of a commodity tends to increase as a person's supply of the commodity decreases. DMU implies that, other things equal, the way to maximize the value of a commodity is to distribute it equally. Some economists have objected to DMU on the ground that it presupposes interpersonal comparisons of utility, but the arguments which they have advanced against the objectivity of such comparisons are unsound. Moreover, the interpersonal comparisons presupposed by DMU are ordinal, rather than cardinal, and there are reasons for believing that ordinal comparisons, at least, do have an objective basis.     

Youth Justice in New Zealand: Restorative Justice in Practice?

The Children, Young Persons, and Their Families Act 1989 put in place new objects, principles, and procedures for youth justice in New Zealand. Both the philosophy underpinning this system and the use of family group conferences exemplify a restorative justice approach that has now been adopted in many other countries. This article describes these changes and presents some of the results of recently published research that examines the extent to which young offenders have been diverted from courts and custody, held accountable for their actions, and had their wellbeing enhanced. It suggests that the New Zealand youth justice system has achieved many but not all of its goals, and that there are still aspects where improvement is possible.     

Above Rubies: Popular Views of Medieval Women

Shirley Marchalonis' essay suggests that it is not always so easy to define the medieval attitude toward womerz in such clear-cut terms as the virgin or the whore. Nonetheless, Marchalonis admits that the courtly lady of the romances comes awfully close to the passivity of the Virgin Mary. The courtly lady in the romances plays only a minor role i n many instances; she is the prize, more often than not, of the hero at the end of the story. At best, she is a vehicle ofpassive virture, acted upon rather than acting. Obviously such a role is admired: the woman stays within her boundaries, which are defined by men, and so is respected and desired. One of the popular images of women, i n the medieval world at least, is one of dependence; women exist as complements to men.     

Reintegrative Shaming, Shame, and Criminal Justice

This study tested the implication of reintegrative shaming theory (RST) ( Braithwaite, 1989 ) that social disapproval (shaming) has an effect on the emotions that offenders feel. Interviews were conducted with 720 participants who had recently attended a court case or family group conference in the Australian Capital Territory, having been apprehended for driving while over the legal alcohol limit. Analyses show that shame-related emotions were predicted by perceptions of social disapproval, but that the relationship was more complex than expected. Differences between the shame-related emotions may have implications for theory. Comparisons between the court cases and family group conferences were consistent with expectations that restorative justice interventions would be more reintegrative, but also showed that they were not perceived as less stigmatizing.     

The Medieval Marquee: Church Portal Sculpture as Publicity

The complexity of movie marquees is well-known to those who frequent films with the avidity of the penitent seeking heaven. Thesymboliccontent of a marquee that has the name of the late John Wayne in The Searchers is subtly but forcefully apparent; we know what values are contained i n the lean and lone figure of Wayne, and behind him the values in Hollywood as transmitted through John Ford, the director. So it is with the “medieval marquee,” the Church portal sculpture, as Charles Altman makes clear, with the Church proclaiming its values, as it shores up the common people's belief in salvation and ensures the status quo of a class structure. The Church in the Middle Ages, according to Altman, is theentrepreneur, just as the film industry today mediates public taste with its seductive appeal; in both instances, it is the “well-planned marquee” which lures its customers inside.     

马克思、恩格斯和列宁的正义观(下)

凯·尼尔森是分析学派马克思主义的成员之一,也是西方"左翼"平等主义的主要代表。这篇文章是他的专著《马克思主义与道德观:道德,意识形态和历史唯物主义》中第四章的节选。这篇文章紧扣马克思主义原著,以《哥达纲领批判》为基点,从马克思主义发展史的角度,梳理和阐释了马克思、恩格斯、列宁的正义观,不失为当代国外马克思主义领域一篇较为本真的阐发马克思主义正义观的力作。这篇文章有助于国内学者深化理解马克思主义经典作家的政治哲学思想,也有助于我们了解和学习西方马克思主义理论家的文本解读方法和思路,对于我们构建中国特色社会主义正义理论具有理论借鉴意义。     

马克思、恩格斯和列宁的正义观(上)

凯·尼尔森是分析学派马克思主义的成员之一,也是西方"左翼"平等主义的主要代表。这篇文章是他的专著《马克思主义与道德观:道德,意识形态和历史唯物主义》中第四章的节选。这篇文章紧扣马克思主义原著,以《哥达纲领批判》为基点,从马克思主义发展史的角度,梳理和阐释了马克思、恩格斯、列宁的正义观,不失为当代国外马克思主义领域一篇较为本真的阐发马克思主义正义观的力作。这篇文章有助于国内学者深化理解马克思主义经典作家的政治哲学思想,也有助于我们了解和学习西方马克思主义理论家的文本解读方法和思路,对于我们构建中国特色社会主义正义理论具有理论借鉴意义。     

全球化、世界性贫困以及全球性公正

尊敬的校长、副校长、院长、各位杰出的同事、各位来宾、毕业生们、朋友们:在这个重要历史时刻,我能有机会站在这里跟大家分享你们的成就是我莫大的荣幸和荣耀。首先请允许我带给我们即将毕业的同学们以及他们的亲人朋友最诚挚的祝贺。作为大学     

内涵、价值、进路:简论制度公正及其可能

"推进国家治理体系和治理能力现代化",其实质是推进中国社会主义制度体系和制度执行能力的现代化。制度的首要德性在于公正性,公正的制度能有效规约人们的交往行为,激励人们以合理方式获取利益,影响人们的价值追求和思想观念。制度公正是社会公正的基础和保障,其实践意义在于构建各方面均衡的利益关系,促进人的全面发展。现阶段,实现制度公正要坚持以人为本,满足人们的需要和利益追求;要构建法治社会,增强人们的社会认同感;要促进阶层流动,构建公平正义、充满创造活力的和谐社会。     

Citizenship Consciousness,Nonbounded Solidarity,and Social Justice

This article analyzes the concepts of bounded and nonbounded solidarity. It first reviews some fundamental propositions from the sociological literature and then looks at Amnesty International's conception of solidarity. A third part discusses solidarity as it applies to social work with groups. The conclusion raises five questions social workers need to address to make social justice a standard part of social group work theory and practice.