宪法宽容精神下的少数人权利保护研究

宪法发展的历史表明,人权可能在民主的名义下遭受到严重的侵害,多数决定的民主原则本身就隐含着对少数人权利的现实危害可能性。为了使社会的每个成员都能切实享受到基本权利带来的利益,不仅要保护绝大多数人的基本权利,也要保护少数人的基本权利。而要实现这一目标,必须践行宪法宽容的精神。现代宪法所体现的宽容精神是少数人权利保障的伦理基础,宪法文本的规定是少数人权利保障的法制前提,而少数人权利保障则是法治国家实现宽容的必然要求。     

Karl Marx's sociological theory of democracy: Civil society and political rights

This essay reconstructs Marx's relationship to democracy and liberalism through an examination of his early work which was directly concerned with the issues of understanding democracy as a kind of society. Only with an analysis of the dynamics of civil society—a political economic, sociological, and historical understanding—could the true nature of citizenship be discerned. In contradistinction to liberal political theory, he would argue that political theory could not stand on its own if it analyzed only the state. Marx came to understand the contradiction between the liberal state and civil society as what he called a sophistry because it undermined the possibility of the democratic agency of workers. This was a sophistry, not because he opposed political democracy, but because the development of capitalism undermined the possibility of democratic agency. Citizenship could be nothing but a “lion's skin” of politics concealing the nature of civil society beneath it. This contradiction would drive Marx's thought forward as he moved from liberalism to democratic socialism with his developing understanding of the structure and dynamics of capitalism from 1843 until the end of his life. The essay illustrates two closely related claims about Marx's thought regarding liberalism and democracy. First, I argue that Marx engaged in a democratic critique of liberalism; second, and as a response to his democratic critique of liberalism, Marx developed a more sociological understanding of democracy, and hence believed that political democracy was a necessary condition of freedom, though not a sufficient condition.     

行政法的现实反映与价值追求

21世纪 ,在实现法制文明化、现代化这一历史进程中 ,包含一项重要内容 ,即行政法制现代化。中国行政法制现代化是一个长期的工程 ,需要以完善的行政法律规范为基础。完善的标准在于 :一是行政立法应满足社会的客观需要 ,反映新的经济关系 ,以实现行政法对经济发展的保障作用 ;二是行政法应体现和保障人民群众的民主权利 ,彰显民主、科学 ;三是行政法要协调好行政权与各种权力与权益的关系 ,在价值上达到社会公正理念。     

The democratic challenges and potential of localism: insights from deliberative democracy

This article considers the democratic challenges and potential of localism by drawing on insights from the theory and practice of deliberative democracy. On a conceptual level, the ideas embedded in localism and deliberative democracy share much in common, particularly the democratic goal of engaging citizens in decisions that affect them. Despite such commonalities, however, there has been limited conversation between relevant literatures. The article considers four democratic challenges facing localism and offers a response from a systems perspective of deliberative democracy. It argues that, for localism to realise its democratic potential, new participatory spaces are required and the design of these spaces matters. Beyond structured participatory forums, local democracy also needs an active and vibrant public sphere that promotes multiple forms of democratic expression. This requires taking seriously the democratic contributions of local associations and social movements. Finally, the article argues that, to fulfil its democratic potential, localism needs to encourage greater democratic and political connectivity between participatory forums and the broader public sphere.     

Perceived pension injustice: A multidimensional model for two most‐different cases

This article analyses a nationally representative sample of 3,000 respondents from the 2006 wave of the International Social Justice Project to investigate the determinants of citizens' perceptions of the injustice of their country's prevalent pension system. We studied two ‘most‐different’ cases: Israel, a relatively new democracy and demographically young society, and Western Germany, an established democracy and demographically older society. We found that age is negatively associated, and social status positively associated, with reported levels of PPI. Moreover, PPI is higher both when citizens lack intra‐familial social solidarity and when they more strongly endorse pro‐state welfare attitudes. At the same time, there are distinct culture‐specific patterns in PPI, such as the stronger effect of subjective class position and pro‐social family norms in Israel. We explain these by reference to the institutional characteristics of the Israeli pension system and the particularly dominant normative position of the family in Israeli‐Jewish culture.     

论政治监督与民主自由的实现

政治民主和政治自由是人的主体性不断提升的必然要求 ,是人类社会政治发展的重要标志。民主自由的实现有赖于民主的政治体制 ,而民主政治体制的核心制度功能之一就是政治监督 ,民主自由政治的各种制度无不包含着对政治权力进行监督与制衡的机制。因此 ,政治监督是实现政治民主和政治自由的基本途径 ,民主自由的发展必须以健全和完善政治监督制度为基本前提     

WHO'S NOT PAYING THEIR FAIR SHARE: PUBLIC PERCEPTIONS OF THE AUSTRALIAN TAX SYSTEM

Data from the Community Hopes, Fears and Actions Survey are used to examine how pervasive the view is that the more privileged in society are failing to pay their fair share of tax, to understand the beliefs that underpin such perceptions, and the reforms that are needed to open dialogue with the Australian public about the issue. Support is found for five hypotheses. Economic self‐interest provides a partial explanation for perceptions of vertical inequity, but more important are disillusionment with the Australian democracy and perceptions of insufficient procedural justice from the tax office. Values about how Australian society should develop also play a part. Those looking for a more equal, caring and compassionate Australia perceive there to be a high level of vertical inequity. Such perceptions are not shared by those aspiring to an Australia that pursues competitive advantage either economically or politically. Tax authorities are brokers for social order and harmony in democracies. They can not determine the policies that are supposed to deliver these goals, nor the rules by which individuals are expected to contribute to the government coffers. But they carry responsibility for making it all happen — collecting taxes and providing government with revenue. As such, their integrity is pivotal to smooth democratic functioning. Integrity for a tax authority involves having purposeful and sound goals, appropriate and ethical procedures for pursuing such goals, and processes allowing reflection and evolution of their operation in response to the democratic will (Braithwaite 2003). This paper is a contribution to the process of reflection on how the tax system is working for its citizens. Its purpose is to investigate the extent to which the Australian community believes that their tax authority is pursuing one of its goals, collecting revenue, in a sound and purposeful way. Three questions are addressed: (a) Are different social groups in our society paying their fair share of tax? (b) What are the experiences and aspirations lying behind public perceptions that some groups do not pay their fair share? and (c) Do perceptions of fairness shape the direction in which Australians want to see tax reform progress?     

SPECIAL ISSUE： DIALOGUE,INTERACTION AND NEW DEVELOPMENTS IN PHILOSOPHY IN CONTEMPORARY CHINA- SPECIALIST FORUM ON CHINESE,WESTERN AND MARXIST PHILOSOPHIES：Issues of the age and possible responses in configuring contemporary Chinese philosophy

当代中国哲学形态的建构可在以下三个问题上作出努力：为不同的社会人群提供可供选择的多元价值目标;重构中国人的价值秩序;为当代中国人的伦理行为与法律制度提供新的人性论基础。中、西、马哲学必须突破学科分割局面,以当代中国社会现实及其发展趋势为自己的共同思考平台,动用各自的思想资源,构建符合当代中国人需要、并能指导其实践的人生哲学和当代中国发展需要的社会哲学。     

社会管理创新与公民道德发展

社会不公平、人与人之间互不信任和一些政府官员道德败坏是影响我国公民道德发展最为突出的三方面社会环境问题,而社会管理创新能够为公民道德的生成和发展提供和谐的社会环境。有效地增进和公平地分配公共利益是政府公共行政决策的伦理标准,内蕴着关怀全体公民福祉的道德价值,理应成为社会管理理念创新的首要伦理目标。切实保障和改善民生、不断提升公民的生活质量既是社会管理创新的伦理要求,也是公民道德发展的根本基础。社会管理创新要求政府不断提升诚信水平,为公民道德的发展塑造诚信友善的社会环境;政府官员的道德形象对公民道德发展具有重要的示范意义,官员应成为普通公民的道德表率;民间社会组织是社会管理创新的广阔领域,应充分发挥民间社会组织在推进公民道德发展中的自治功能。     

Social Capital in Urban China: Attitudinal and Behavioral Effects on Grassroots Self‐Government*

Objectives. Studies of Western settings, in general, argue that social capital, defined as a set of civic norms and social networks among ordinary citizens, nurtures democratic governance at various levels. Does such a social capital exist in a transitional society such as China? If so, what kind of role does social capital play in affecting individuals' attitudinal and behavioral orientations toward fledging grassroots self‐government in that society? This study is intended to answer these questions, which are crucial for our understanding of China's sociopolitical development as well as for the application of social capital theories in non‐Western societies. Methods. This study is based on the data collected from a representative survey conducted in an urban area in China in 2004. Results. The findings from this study indicate that social capital among urban residents was abundant, and it nurtured the grassroots self‐government system through residents' attitudinal and behavioral orientations toward the system. Conclusions. These findings have strong implications for the future of local democratic governance and applicability of social capital theories in China.     

Population Size,Local Autonomy,and Support for the Political System*

Objectives. Does size of democracy shape citizens' support for the democratic regime? Previous literature demonstrates that a variety of political contexts are associated with the level of system support among citizens, yet none has tested the effect of a fundamental contextual feature of contemporary societies—size of democracy—on system support from a cross‐national perspective. Methods. Survey data for nations of different sizes in Europe, North America, and Oceania are analyzed using a hierarchical generalized linear model. Results. Empirical analysis shows that less populous states and highly decentralized states demonstrate higher system support among citizens, and it offers some evidence that the negative effect of population size is moderated by the level of decentralization. Conclusions. My findings are consistent with the common expectation that smaller size of nation and governments “closer to the people” are preferred. Further, they have substantive implications for contemporary democratic governance.     

Hidden Realities Within Schooling

The democratization of schools is becoming the most embracing question in Australian education. Contrary to popular belief, lay and professional, incidental learning within schools is more potent than the intended cognitive outcomes of learning, that is, the principal function of schooling is latent rather than manifest. The social relations of schooling within a bureaucratic system, together with the general prevalence of a subject-divided curriculum, teacher-focused classrooms, and competitively oriented grading, condition the young as future jobholders and as citizens of a mass-technocratic society. Schools need to be transformed into autonomous lifelong learning centres to foster the correlative, democratic values of individuality and community.     

寻求民主发展与公民参与的统一——一种参与式民主的进路

寻求民主发展和公民参与的统一是现代民主理论必须面对的一个重大问题。在当代西方精英主义民主理论中,更多强调的是公民参与和民主发展的矛盾和对立。而参与式民主理论从个体、共同体、国家三个层面对民主的内涵进行了重构,突出了公民参与的教育、整合和制约功能。通过在地方事务、社会团体和公共领域中的公民积极参与,从而实现民主发展和公民参与的统一。本文描述了这种参与式民主的进路,为中国民主的发展提供另一个可资借鉴的视域。     

科学发展观与中国社会发展模式

科学发展观是转型期中国所必需的一种新的执政理念,是全求面临的共同课题。科学发展观的核心内容是以人为本。贯彻以人为本,需要公民素质的整体提高、社会的整体发展和新的文化理念作引导。国家最根本的任务是要培育公民性社会。唯此,才能在分享改革开放三十年成就的同时,逐步解决发展中出现的新问题。和发达国家进入现代化的进程相比。我国是后发式、滞后型、外力推动型的发展模式。政府如何担当自己的责任,正确处理好人与自然、人与社会、人与人的关系,合理调整经济结构,建设政治民主与法治社会,发展政治文化等,都直接影响着中国特色社会主义道路的进程。     

Religion in School

It has become a banal statement (one that does not elicit objections) that we are living in "troubled" times. This is not the place to talk about the causes of such a situation; what we have to deal with here are the consequences. The breakdown of dogmas in the social consciousness in a period of instability is primarily a threat to young people. We are faced with the danger of producing a generation of "children of perestroika," who have lost their faith in everything and everyone, who are filled with negativism, total denial, and quiet desperation, who carry in themselves, at best, moral deafness and fierce egotism. The crisis of worldview in society may produce a generation of "lukewarm" people who are not capable of any personal or social creativity and service. At the same time, however, the crisis opens possibilities for a genuine rebirth of culture, for reactivation of the quest for "self" on the part of every person and of society as a whole. This active striving on the part of the healthy portion of young people must be met by today's intellectual elite with full knowledge and understanding of the situation, with a readiness and ability to satisfy the needs for a worldview of their fellow citizens, drawing upon all the values of our native and world culture. These needs must be truly satisfied, not by pumping out the latest current "lies" or by manufacturing the "most progressive doctrines of modern times" atthe request of this or that social body, because our society cannot stand to be deceived one more time.     

转型期的中国公民社会：发展与前瞻

随着市场经济和民主政治的发展,中国的公民社会正在迅速崛起。公民社会能够沟通政府与公民,重塑政府与社会的关系,制约政府权力,推进民主进程,有效解决社会矛盾与冲突。中国公民社会的发展面临着历史文化传统、当政者的价值理念、政治制度环境、市场经济的不完善发展、公民社会自身的缺陷等一系列现实障碍。我国应该正视当下公民社会官民二重性的客观现实,借鉴后发国家已经成功的法团主义路径,探索具有中国特色的道路,实现由国家法团主义向社会法团主义的转型。     

Theorizing notions of the participation of people in poverty in social policymaking: Policing,politics and subjectification

Since the 1990s, a paradigm of participation has gained prominence and become a dominant policy rhetoric in anti-poverty policymaking in Europe, embracing the key idea that people in poverty should participate as equal citizens in political decision-making processes. Based on a historical case study of the production process of a Belgian white paper, the General Report on Poverty (1994), we investigate who participated in the GRP production process, and whether the underlying participatory and democratic mechanisms produced a shift in power and might have led to a more socially just and equal society. We rely on a central set of ideas of the French philosopher Jacques Rancière to theorize different notions of participation, and tease out whether the processing of equality had the capacity to move from policing towards politics through subjectification. Our research study demonstrates how social change and a reconfiguration of the democratic order can appear as a moment of democracy, yet inevitably leads to a new police.     

社会组织化:构筑国家与社会良性关系的关键

构筑国家与社会的良性关系是现代社会民主发展的基本要求,也是构建社会主义和谐社会的内在要求。对发展中国家而言,构筑国家与社会的良性关系,问题往往不在于国家力量的不足,而在于社会自主力量的有限。规范组织和发展社会力量,提高社会组织化程度,增强社会自主性,提高社会自治能力,是我国构筑国家与社会良性关系、实现社会和谐的关键。     

民主的两种批评者

在当代政治哲学中,人们主要从以下两个维度来定义民主：一种是以公共利益为基本导向的民主理论;另一种民主理论认为,在现代社会中,随着实质性的共同利益的消失和单一的群体性意志的不可能,民主不可能在以公共利益为基本导向的模式上建立起来,所以,它们认为＂多元＂和＂竞争＂才是民主的本质性特征。在这两种民主理论中,前者往往被认为是一种压迫性的、独裁性的民主理论;而后者则往往被认为有着重陷霍布斯状态的倾向。     

滕尼斯与齐美尔:社会伦理同文化伦理的分流

作为德国社会学的两位奠基人,滕尼斯和齐美尔奠定了截然相反的两种现代伦理生活格局。伦理世界观的分流源于他们各自对时代处境的体验以及对思想史的独特解释。从近代自然法的角度出发,滕尼斯的社会伦理的核心是重建政治社会的秩序与风尚,一切价值最终都要融入社会;与此相反,齐美尔的社会学思考从一开始就以对社会伦理的批评作为前提,他将超越社会的个体生命视作伦理的目的,对他来说,生命不仅意味着身处社会之中的个体具有饱满个性,而且从自身孕育出客观的、适用于他自己的伦理责任。从帝制时期到魏玛时期,德国社会伦理同文化伦理的分流、交织与合流为我们提供了一条理解德国社会学史的清晰主线。