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    Abstracts

    2024-01-04 00:07:29金學勤
    關鍵詞:期望值行政村邊界

    Rewriting the History of Civilization:Why and How?(A Seminar Continued)

    DavidDamrosch,ThomasO.Beebee,IpshitaChanda,WangBinhua

    Abstract: This seminar focuses on the discussion of four overseas scholars on the “rewriting the history of civilization.” Their different backgrounds enable us to see different perspectives in this subject,showing that the rewriting of the history of civilization must go beyond a singular view of human civilization,and such rewriting must treat different civilizations equally with an inclusive attitude that encourages dialogues and mutual learning between civilizations.

    David Damrosch,in his “Toward a History of Histories of Civilizations”,traces the cases of Western scholars' non-Eurocentric writing of the history of civilizations,giving us a glimpse into the origins and current status of the “post-Eurocentrism” movement in the Western world since the second half of the twentieth century. “The prefix ‘post’,Damrosch argues,acknowledges that Eurocentrism still figures within the expanded presentation,” but in the practice of writing the history of civilization “this is no longer an unreflective portrayal of civilization as essentially Western.” Meanwhile,he raises the question of whether it would better to discuss civilization in singular or multiple terms,or even to replace it with a more broadly applicable term such as ‘culture’. He argues that even though “the notion of civilization is pluralized,it tends to favor enduring continuity,usually centered on a few great powers” and therefore believes that “it may be better to speak of individual and regional ‘cultures’ rather than generalized ‘civilizations’”.

    Thomas Beebee's “World Literary Histories as Rewritings of World Historiography” explores the interconnection between civilization,history and “world literature” through a retrospective reflection on the writing of world literary history by Western scholars. He argues that “the concept of civilization refers to either the whole of cultural achievements,or to an essential feature that runs through the various spheres.” And “not coincidentally,the use of ‘civilization’ in either of these senses was first recorded in English in the eighteenth century,coinciding with the rise of our current valence of the word ‘literature’.” Thus it is feasible and necessary to reflect on “history of civilization” through the “history of literature”. A comparison of two nineteenth-century German histories of world literature and that of two twenty-first century histories of world literature demonstrate how histories of civilization have shaped the writing of literary histories.

    Ipshita Chanda's “Can a/the History of ‘World Civilization’ Be Re-written in a Pluralist Ethnical Frame?” shows the shock and understanding of Indian scholars about “rewriting the history of civilization.” At the beginning of the article,Chanda “was struck by the fact that there is no history of the world or of civilization written in Sanskrit or Pali,or in any of the Prakrits,all of which contributed to the formation of the constitutionally recognized modern languages in the geopolitical space that is designated as India.” It is a fact,and it reflects the traditional Indian view of history,civilization and the world:“The world imagined here is a world made of human relations,a connected humane world,not a geographical or geopolitical category.” Chanda proposes,in an Indian perspective,that “the ideas of world civilization,history and the concept or practice of re-writing,be conceptualized to account for the plurality of culture,language and society,for a relational rather than a categorically definitive view of our shared world.”

    Wang Binhua is a Chinese professor at the University of Leeds in the United Kingdom,and this transnational identity enables him to be more concerned about the important role of “cultural translation” in the exchange and mutual learning between civilizations. In “The Vital Role of Cultural Translation in the Mutual Learning between Civilizations,” Wang retraces the important roles of the cultural translation activities of such translators as Kumarajiva,Monk Xuanzang and Lin Yutang in promoting Chinese culture and spreading it to the world. He puts forth his understanding of mutual learning between civilizations,and approaches to achieving this goal. In the end,he points out that a weak awareness of international communication and lack of professional translators and interpreters are the major factors that have caused the voices of the Chinese academics/researchers to be unheard on the international stage.

    Beyond the State's Resource Extracting Capacity:A Political and Economic Analysis of Digital Tax Practices

    FangLumin,MengTianguang

    Abstract: Taxation serves as the principal avenue through which the state extracts revenue,while also standing as a pivotal nexus in the interaction between the state and society. It reflects the state's intervention in economic and societal activities,functioning as an assurance for the attainment of efficient governance within the modern state. Therefore,taxation is regarded as an indicator of a modern state's capability to extract resources. The digitization of both the economy and society has bestowed new political and economic significance upon taxation. As a result,the concept of digital taxation has risen to prominence as an important topic within the broader transformation of the global tax system. The growing digitization of economic activities brings about a separation between the location where multinational enterprises are registered and where they truly conduct their economic operations. This separation renders the traditional international tax system incapable of adapting to the emerging global profit-sharing mechanism.

    In response to the challenge,the Organization for Economic Cooperation and Development (OECD)has put forth the concept of “significant economic presence” as the primary criterion for assessing the tax liability of multinational corporations in host countries. This approach recognizes that physical presence is no longer a prerequisite for the substantial involvement of multinational digital enterprises in the economic activities in host countries. Subsequently,several European countries initiated the imposition of a digital services tax,which levies a direct tax on the profit income generated from the digital economy activities of multinational enterprises. This article points out that differences in digital tax practices among countries reflect their respective roles in the global digital economy industry chain,rather than resource extraction capability. To be concrete,being market country within the digital economy chain is a necessary condition for the imposition of digital taxes,and digital tax practices are no longer predicated on revenue extraction capacity. Meanwhile,as active promoters of digital tax practices,market countries may differ in their taxing logics due to variations in resource extraction capacity,which stems from the fact that the structural changes brought about by the digitalization present distinct challenges for countries with varying levels of resource extraction capacity. In market countries characterized by limited extraction capacities,where the state has long had a low level of dependence on society,digital transformation reinforces the reverse domination of state authority by social forces,driving the state to respond to the governance challenges posed by the erosion of government authority through taxing the digital economy. In market countries with strong extraction capacities,on the other hand,the digital transformation of their economies may lead to the loss of their dominant position in the traditional industrial chain,as well as the loss of discursive and decision-making leadership in global digital governance. This could result in digital taxes becoming a means of seeking strategic autonomy and balancing interests in new structural relationships. To sum up,modern states see digital taxes as a means to address the loss of their authority in both domestic and global governance systems. The digital tax practice carries political economy connotations that extend beyond resource extraction. In the case of China,as an increasing number of local digital enterprises enter overseas markets,a comprehensive understanding of its role as a producer in the global digital economy industry chain becomes crucial. This understanding will enable China to effectively manage the spillover effects brought about by the digital tax policies of various countries.

    Keywords: Digital transformation;Digital taxation;Tax-collecting capacity;Political and economic logic

    A Study on Innovation Along the Value Chain of Chinese Manufacturing Industry:Measurement,Evolution Features and Driving Mechanisms

    LüYu,ZhangHaotian

    Abstract: Industrial chain security is a key issue concerning the high-quality development of China's manufacturing industry. An in-depth exploration of innovation issues in the upgrading of industrial chains helps to ensure that the industrial chain is independent,controllable,secure,and efficient. With global value chain governance theory and latecomer country technology catching-up theory,we propose that China should follow a progressive innovation pattern in the global value chain (GVC)division system. This pattern involves “passive integration into GVC through imitative innovation,innovation (or targeted breakthroughs)along the value chain,and proactive leadership in global innovation chains”. China is currently in a crucial stage of innovation along the value chain. Therefore,clarifying the pattern of innovation along the value chain for Chinese manufacturing firms helps to enhance their position in the global value chain and innovation chain. So,what is the relationship between the position of manufacturing firms along the value chain and their GVC competitiveness and innovation capabilities?We believe that,first,dominant countries at the upstream of the global value chain control key technologies and export intermediate goods,enabling them to control production and trade in the global division system. Second,innovation in upstream basic sectors is more fundamental and can directly spill over to downstream sectors,and even forms patent barriers,thus creating significant economic benefits and competitive advantages. Therefore,we find that the higher the position of manufacturing firms in the value chain innovation,the greater their competitiveness and innovation capabilities.

    Based on theChinaIndustrialFirmDatabase,ChinaPatentDatabase,andWorldInput-OutputTablesfor the years 2000 to 2013,we construct the index of innovation position along the value chain for China's manufacturing firms,and we then use this measurement to explore the evolutionary trends and underlying drivers for China's pattern of “innovation along the value chain”. We find that,first,from 2000 to 2013,the innovation position along the value chain for China's manufacturing firms exhibits an “√-shaped” pattern. After joining the World Trade Organization in 2001,firms mainly engaged in downstream innovation activities along the value chain,but since 2004,they gradually shifted towards upstream innovation. Second,regarding internal structure,the “√-shaped” pattern of innovation among China's manufacturing firms is primarily driven by the innovation activities of medium-and-low technology firms. In contrast,medium-and-high technology firms still remain relatively downstream in terms of innovation. However,there is a rapid catching-up trend in upstream innovation within the medium-and-high technology industries,leading to a narrowing gap between the two. Third,considering driving mechanisms,trade liberalization and foreign direct investment liberalization lead to the downstream orientation of innovation for Chinese manufacturing firms. Also,domestic market integration and improved absorptive capacity promote upstream innovation for China's manufacturing firms. Additionally,the improvement of domestic market integration and absorptive capacity also stimulates positive effects,facilitating the promotion of upstream innovation in the manufacturing industry through trade liberalization and foreign direct investment liberalization.

    Keywords:Global value chain;Innovation patterns of manufacturing firms;Innovation along the value chain;Dual-cycle development pattern

    Internalizing Governance:Effectiveness and Limits of the Consolidation of Grass-roots Divisions

    WangJingyao,DingLiang

    Abstract: In China,the scope of grass-roots division and consolidation includes townships(鄉(xiāng)鎮(zhèn)),administrative villages(行政村)and village groups(村民小組). Over the recent decades,the consolidation of grass-roots divisions has been continuously carried out nationwide or locally,showing diversified reform effects. The main objective of this paper is to explain why this reform deviates to varying degrees from the expected goals. In response to this reform practice,our team conducted a two-year field survey to collect data about government operation,market element allocation,system construction and other types of information before and after the reform,including interview records,questionnaires,policy texts,etc. On this basis,we try to put forward the “Governance-Internalization” analysis framework to explain the diversity of the realization of reform goals. The research shows that the essence of township,administrative village and villager group consolidation is the practice of “Internalizing Governance”,which involves the integration and reconstruction of organizations,elements and systems. In other words,“internalizing governance” is the transformation of multiple division units that form external relations with each other into a single division unit with internal relations,in order to reduce the uncertain cost in the process of grass-roots governance and development. It is found that the reform directly leads to the reduction of division units,and the leadership of the excessive number of administrative and autonomous organizations needs to rely on competition,thus improving the quality and ability of the organizations. The expansion of the radius of the division is the construction condition of the grass-roots empowerment. The elimination of the institutional barriers of division reduces the allocation cost of resources. The reform has generally achieved the expected goal of reducing all types of costs. Of course,under the constraints of the established grass-roots political system,property rights structure,social foundation and other conditions,the division and consolidation have to some extent elevated the power of administrative and autonomous organizations with weak external constraints. The combination of multiple division units also makes the property rights of component elements more ambiguous and complicated,which provides gaps for the administrative ways of resource allocation among the components. Moreover,such forced reform is easy to induce the imbalance of institutional construction and emotional identity within the new division space,thus increasing the possibility of potential costs. Therefore,while the practice of “internalizing governance” reduces part of governance and development costs,it actually increases costs in the short term under the condition that the structure of system and property rights have not undergone substantial transformation. Finally,we suggest that the future reform of China's grass-roots division should take into account multiple types of technical principles such as splitting and merging,and deepen the reform content. And the technical principles and content of these reforms should be selected and practiced based on the logic premise of people's livelihood values.

    Keywords:Rural reform;Consolidation of divisions;Internalizing governance;Grassroots governance;Transaction cost

    The Classification and Validity of Contracts:A Preliminary Study of Contract-type-norms in the General versus Special Parts of Contract Law

    HanShiyuan

    Abstract: Although the practice of contracts has a long history,the history of the general rules of contracts is much shorter. Since the 1980s,China's legal development has embarked on a pragmatic path. As regards civil law,China has extensively borrowed the legal concepts and techniques of the Civil Law system,but China's civil law also reflects the independent choices of Chinese legislators based on Chinese reality. In terms of the contract law,China has not adopted the highly abstract German and Japanese models based on law of obligations. Instead,it has formulated its own contract law in response to the needs of its market economy. At the same time,using the legislative technique of “extracting common factors” of the German Pandekten system,the Chinese contract law consists of “general provisions” and “sub-provisions”. As regards the basis of the contract's “validity” or “binding force”,Western legal theories tend to choose between “will” and “reliance”. In China,it is necessary to examine comparative laws and related legal theories when explaining the binding force of a contract. However,from the perspective of Chinese history and culture,there are also possibilities for diverse interpretations. Therefore,in China we should take into account the social and cultural conditions and explore theories with more explanatory power. As far as the Chinese Civil Code is concerned,the validity of a contract is the result of a combination of the parties' wills and the evaluation of the law. The specific effect of a valid contract first of all depends on the agreement of the parties involved;where the consent of the parties is not clearly stated or when there is a loophole,it is necessary to consider other factors,for instance,the trading habits,the general provisions of the law. In the external system of the Chinese Civil Code,especially under both the general povisions on juridical acts in Book One and general provisions on contract in Book Three,“contract” is taken as the normative unit,there is a distinction between the “general provisions” and the “typical contracts” in Book Three,and this has provided clear clues for the lawyers to “find the law”. Moreover,between the abstract “contract” and specific “typical contracts”,there are different types of contracts such as “onerous contract” and “gratuitous contract”,“bilateral contract” and “unilateral contract”,and “contract to be performed at one time” and “l(fā)ong-term contract”. Exploring legal norms corresponding to these various types of contracts consists a part of the task of systematically interpreting the Civil Code and enhances the ability of law-finding of judges and lawyers. By discovering such contract-type-norms,people may have a better understanding of different types of contracts e.g. the distinct differences between onerous contracts and gratuitous contracts in the qualification of the subjects,the weight of the responsibility,the composition of the creditor's right of revocation,and so on. And there is a sharp difference between bilateral contracts and unilateral contracts in terms ofexceptionnonadimpleticontractus,the reduction of the donor's responsibility.

    Keywords: Classification of contracts;Validity of contract;Onerous contract;Bilateral contract

    The Return of the General Rule of Unauthorized Disposition—Centered around Article 20 of the Interpretation of the General Principles of the “Chapter of Contract” of China's Civil Code

    YiJun

    Abstract:Unauthorized disposition is one of the most important core nodal issues in civil law,closely related to systems such as real right change mode,bona fide acquisition,liability of guarantee for defects of right,liability for breach of contract,and unjust enrichment,thus having extremely sensitive systemic effects. In terms of the regulation of unauthorized disposition,China's civil legislation and civil judicial interpretations have undergone several changes,from Article 51 of the Contract Law to Article 3 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law for the Trial of Cases of Disputes over Sales Contracts,and to Article 597 (1)of the Civil Code,further to Article 20 of the Interpretation of the Supreme People's Court of the Application of the Chapter of Contract of China's Civil Code (Consultation Paper)(hereinafter referred to as the Interpretation of the General Principles of the Chapter of Contract).

    Compared with Article 597 (1)of China's Civil Code,Article 20 of the Interpretation of the General Principles of the Chapter of Contract is of great significance in reconstructing the general rule of unauthorized disposition,establishing specific methods to eliminate the uncertain status of the effect of performance (or real rights change),and highlighting the independent decision of the obligee.

    Both of the articles control the transaction process with the right of disposition. However,different theories on real rights change mode have different understandings of how the right of disposition specifically controls the transaction process. Different real rights change modes place the right of disposition at different stages of the transaction. Formalism of creditor's rights controls factual behavior (delivery or registration of real rights)through the right of disposition,while formalism of real rights controls juridical acts (disposition behavior)through the right of disposition.

    There is controversy in the academic community in China over the real rights change mode established in Article 215 of the Civil Code,and accordingly,there are also differences in how to interpret Article 20 of the Interpretation of the General Principles of the Chapter of Contract. Starting from the premise of the real rights change mode of formalism of creditor's rights,there may be some problems when understanding unauthorized disposition,such as conflicts with the basic principles of civil law,making it difficult to locate unauthorized disposition in China's theoretical civil law system,easily causing the separation of unauthorized disposition and unauthorized agency,and even causing an imbalance in value judgment. On the contrary,understanding Article 20 from the perspective of formalism of real rights not only better aligns with the basic principles of civil law,but also enables it to form a seamless system of undetermined juridical acts with systems such as unauthorized agency and juridical acts of persons with limited capacity. It can also avoid the imbalance of value judgments in the design of the unauthorized agency system,and thus be more integrated than understanding this article from the previous perspective.

    Keywords:Unauthorized disposition;Article 20 of the Interpretation of the General Principles of the “Chapter of Contract” of China's Civil Code;Real rights change mode;Disposition behavior

    On Price Reduction Rule as Independent Liability Form for Breach of Contract—Internal Logic and Institutional Framework

    ZhangJinhai

    Abstract:Chinese law has simple stipulations about price reduction rule. There is misunderstanding about the meaning of that rule,i.e.,treating the value difference between nonconforming performance the obligor provided and conforming performance as the amount that should be reduced from the price. Substance of this kind of price reduction is damages for loss in value as one form of damages for breach of contract. On the other hand,price reduction as independent liability form for breach of contract means that reduced price equals contract price multiplies value ratio of nonconforming and conforming performance. The justification of price reduction rule is:in case that the obligor's performance is nonconforming,based on consideration of fairness principle and synallagma between performance and reciprocal performance,the obligee need not provide his reciprocal performance as promised,but rather can diminish his performance. While reducing price,value ratio of nonconforming and conforming performance should be taken into account,and original contract exchange relationship should be maintained. Situations in which price reduction rule applies mainly are:liability of price reduction exists while liability of damages for breach of contract does not exist;both these liability forms exist but the amount of price reduction is higher than the amount of damages. The premises for application of price reduction rule are,the object is nonconforming (e.g.,the object provided by the obligor has defect of thing or defect of right,the obligor does not deliver accessory thing or fruits),the obligee's reciprocal performance is divisible,and the obligee has informed the obligor of defect. It should be emphasized that,for the sake of protecting the obligor's interest in the counter-party's performance sufficiently and maintaining the transaction,price reduction rule should be put in an intermediate position in the remedies system. In terms of application,it is inferior to supplementary performance,but superior to termination,and the obligee can choose between price reduction and damages.

    Calculation of price reduction in fact is ascertaining reduced price according to three factors,among which contract price is usually definite. If there is relative market,it is also easy to ascertain the value of non-defective and defective objects. In the opposite situation,the value of non-defective and defective objects can only be ascertained by evaluation. Relevant time of market price should be the time of contracting,and the main reason is,whether the contract is worthwhile can only be decided by comparing contract price and the object value at the time of contracting. Relevant place for market price should make sense for determining whether the transaction is worthwhile for the obligee,thus it should be the place of contracting in general. If that place is pointless for determining whether the transaction is worthwhile,another appropriate place should prevail. Concerning the value of non-defective object and the value difference between defective and non-defective objects,some scholars advocate two presumptions,i.e.,the value of non-defective object equals purchasing price,value difference between defective and non-defective object equals expenditures that a buyer may pay for repairing defective object. The former presumption is sound,while the second is flawed because it may confound price reduction and damages for breach of contract,and help the obligee evade limits of damages. For convenience of cleaning up debts,right of price reduction should be identified as formulation right. In this way,the obligee is benefited in various ways:the legal proceedings of exercising rights is simple,price reduction occurs earlier,the obligor who does not give back extra money should pay interest for delayed performance. The obligee's declaration of price reduction should convey intention of price reduction definitely,and signify calculation basis.

    Keywords: Price reduction rules;Justification;Conditions for application;Exercise of rights

    利用式(4)通過節(jié)點域的上下邊界和期望值,得到每個指標變量的最優(yōu)值如表4。綜合權(quán)重為0.520,0.292,0.188。

    The Perception of the U.S. Legal Community and Diplomacy Towards China in the Activities of The Commission on Extraterritoriality in China

    YangTianhong,HeYu

    Abstract:The Commission on Extraterritoriality in China,1926,was a modern international legislative and judicial investigation led by the United States with respect to China. During the commission activities,U.S. diplomacy towards China demonstrated a dual aspect,respecting China's “sovereignty” while simultaneously maintaining the “necessary evil”. In the formulation and implementation of this diplomatic policy,there was a close interaction between the U.S. legal community and government decision-making. In the early 1920s,concerning the issue of extraterritoriality in China,the mainstream opinion within the U.S. legal community influenced government perceptions due to its unique social standing and the close connections between certain legal elites and government diplomatic decisions. Both sides recognized to varying degrees that addressing the issue of extraterritoriality in China required safeguarding U.S. interests in China within the framework of respecting China's “sovereign integrity”. During the preparatory stage of the activities of the Commission,the U.S. government partly accommodated the consensus within the legal community,made appropriate concessions to China under the spirit of Washington Conference Resolution,and balanced the principles of respecting China's “sovereign integrity” and maintaining U.S. interests in China. They also appointed a delegation,with the representative of the legal community,Silas H. Strawn,as the core to plan the organizational structure and work proceedings. The U.S. delegation vigorously sought unity among the major powers and appropriately addressed Chinese demands in minor details,continually shaping a friendly image toward China. However,after the opening session,Silas H. Strawn increasingly emphasized safeguarding U.S. interests in China,relatively neglecting the respect for China's “sovereign integrity”. Under the guidance of Kellogg's instructions to Silas H. Strawn,U.S. diplomacy toward China underwent a readjustment in response to internal tensions:formally respecting China's “sovereign integrity” while substantively safeguarding U.S. interests in China. When conflicts arose between the two,the practical necessity of safeguarding interests in China could override the policy expression of respecting China's “sovereign integrity”. During the drafting of the report,the U.S. government continued to oversee the process at a macro level. After the outbreak of the Northern Expedition,the diplomacy towards China,which tried to take both sides into account,faced dual resistance from legal representatives and the government. The similar attitudes of other Great Powers directly compelled the U.S. delegation to compromise in the “recommendations” proposal. To ensure and coordinate the interests of Great Powers in China,Silas H. Strawn presided over the completion of “The Report of The Commission on Extraterritoriality in China”. Ultimately,the practical necessity of maintaining the “necessary evil” prevailed over the expression of respect for “sovereign integrity”. As a consistent U.S. policy toward China since the Washington Conference,its underlying motivation was to maximize the protection of U.S. national interests. This also reveals the paradox of China's pursuit of modern legal reforms since the late Qing dynasty:At that time,the “standard” discourse used to maintain the extraterritoriality system by Western countries lacked a stable core,and the standard for assessing the effectiveness of modern Chinese legal reforms should be whether they can adapt to or promote China's development rather than merely seeking conformity with Western legal standards.

    Keywords:The Commission on Extraterritoriality in China;U.S. government;U.S. Diplomacy towards China; U.S. legal community;Silas H. Strawn

    Derivation,Debate and Dilemma:British Consular Jurisdiction in 19th Century South Pacific—A Case Study of Fiji (1859-1871)

    XuSangyi

    Abstract: In early 19th century,shortly after the establishment of the British colony of New South Wales,Britain focused on internal affairs of the colony,paying little attention to the surrounding conditions. Consequently,many “beachcombers” became rampant instead,endangering the order between the land and sea in the South Pacific. Since the mid-19th century,due to the expansion of its own power and the influence of the international situation,Britain began to send resident,consuls and other diplomatic personnel to the South Pacific region as local agents and policy promoters. In terms of identity,many British diplomats had missionary background. Under the influence of humanism,they paid more attention to the land-and-sea order in the South Pacific,and strongly condemned and resisted the soaring labor trade,thus demanding the expansion of their own authority. From the appointment of William Pritchard as Consul to Fiji in 1857,the British political debate on consular jurisdiction began to deepen. Pritchard himself wanted to extend consular powers by contracting with local chiefs,and thus continue to play a role in restricting the human trade,but this was not approved by the British government. On the one hand,although the British government was determined to crack down on the illegal human trade,some existing laws had defined the functions and powers of consuls,which was not an easy legal dilemma to overcome. On the other hand,Britain did not want to expand the empire too much and take on additional political and economic responsibilities,so its overall strategy in the South Pacific was mainly conservative. The establishment of an indigenous Fijian government in 1871 caused the loss of the political environment for further extension of consular jurisdiction,which could have led to disputes with other countries. In the end,Britain's consular jurisdiction in Fiji only experienced a short-time existence and practice. Although some humanitarian factors had positive effects,it was still a part of Britain's overseas policy in essence,and a tool for modern imperialism and colonialism to violate the sovereignty of other countries.

    Keywords: Institution of consuls;Consular jurisdiction;Fiji;London Missionary Society;Illegal labor trade;William Pritchard

    “Belief in This World”—Reinterpreting Deleuzian Negativism via a Dialogue with Kierkegaard

    JiangYuhui

    Abstract:Among the continental philosophers who had profoundly influenced Deleuze,Kierkegaard is obviously neglected. In addition to the scarcity of textual clues and the difference in thinking styles,the diametrically opposed philosophical positions between the two seem to be a more obvious reason. Deleuze's philosophy finally returns to affirmative vitalism,while Kierkegaard is on the contrary,pursuing the inner experience of absolute negation all his life.

    But in fact,it is still possible to seek the inner connection between the two philosophers around the point of absolute negation. The key point of connection lies in the important proposition of “belief in this world” that Deleuze has repeatedly discussed,and has developed in a continuous but obviously different ways in the two volumes ofCinéma. InCinéma1,this proposition is mainly intended to highlight the different methods of creating “any space” in movies,and to show the creation of ethical subjects from potential fields through the important aspect of spiritual space. This idea has been further elucidated inLepli.

    However,many scholars have compared the Deleuzian becoming-subject with Kierkegaard's related discourses,which seems ill-advised. Indeed,Kierkegaard also clearly linked the movement of “becoming” with his theory of subjectivity on many occasions,but the becoming he explained in depth shows a very strong and fundamental negative color. What Kierkegaard wanted to achieve is definitely not to return life to the origin of creation again and again,and then to affirm the eternal return of itself,but to absolutely deny itself at every moment. Nothingness,death,and rupture are the distinctive forms of it.

    So,does it mean that there is no possibility of communication between the two philosophers?Is it possible to try a seemingly extreme move,that is,to re-examine Deleuze's philosophy from the perspective of absolute negation?Numerous scholars have properly emphasized the negative factors in Deleuze's philosophy. Moreover,his operation of “subtraction” in texts such as “One Less Manifesto” does show a distinct negative meaning. But in the final analysis,this negativity is only a transitional,transformational,temporary or partial link,and it has never been and cannot really become Deleuze's ontological premise.

    But inCinéma2,the critique of the automatic device of the mind gradually leads to another interpretation of the belief in this world,and the related discussions about the powerless and fragile subject seem to show a stronger negative color. It is also more directly related to Kierkegaard's ironic “groundless” subject. Through the comparison between the two philosophers,we can also give different interpretations and responses to Deleuze's “ethics of immanence”.

    Keywords: Belief in this world;Absolute negation;Becoming-subject;Deleuze;Kierkegaard

    Self-affirmation of Modernity:the Profound Meaning of Hegel's Theory of Civil Society

    ZhanShiyou

    Abstract: Self-affirmation of modernity is one significant theme of Hegel's practical philosophy,but his elucidation on it doesn't become mature until he consummates the systematic theory of Civil Society inPhilosophyofRight. Hegel focuses on the issue of modernity since his early academic activities,and he keeps exploring and improving on this issue in the context of “the quarrel at the ancients and moderns”. The concept of Civil Society,which refers to a society comprised of bourgeois or people detached from state entering into markets,provides an explicit theoretical field for elucidating the issue of modernity. Therefore,this is a marvelous conceptual creation. It is in this theoretical field that essential features of modernity,i.e.,its advancement and crisis,can be truly analyzed.

    One typical sign of modern society is the emergence of civil society,the modernity of which is featured as follows:(1)Its two sides,i.e.,the particularity of pursuit of individual self-interests and the universality of “need-labor” system,interweave with each other. The development of modernity is embodied in full development of both particularity and universality,the former of which,like abundance of material wealth,development of skills,establishment of rational principles,entrenchment of individual subjectivity,market economy and democratic politics,is the basis of flourishing and progressing of modern society. However,it causes troubles and crises simultaneously,like rampancy of instrumental rationality,inflation of individual subjectivity,alienation of labor,massive poverty,mechanization and superficialization of spirit. To develop universality fully will integrate and adjust outcomes of the development of individual particularity,and make the best of relieving troubles and crises of modernity. (2)In civil society,the particularity of individual pursuits of self-interests emancipates unprecedentedly,which,compared with ethical entities like family that are intimate and natural,and based on love,is first reflected in the loss of ethic and restores ethicality in its evolution nonetheless. Ethicality of modern society is restored gradually by theoretical education and practical education,universal justice of judiciary,and trade guild's relieving problems of poverty and rabble (trade guild acts as limited particular universality). (3)The profound implication of Hegel's theory of civil society can only be discovered through researches from the two perspectives mentioned above. The theory not only reveals significance of historical progress of civil society by describing it as an infinitely malleable place where people can realize their modern freedom,but also faces up to inner defects of modernity. Though the defects and predicaments always exist as long as civil society endures,modern countries should endeavor to extinguish the defects,instead of ignoring them.

    Keywords:Hegel;Civil society;Modernity;Labor education;Trade guild

    A Philosophical Semiotic Interpretation of the Categories and Interfaces of the “Meaning World”

    HuYirong

    Abstract: As the fundamental pursuit of human beings,“meaning” is the place where cultural communication occurs,and the core domain of semiotics. What are the boundaries,categories and interfaces of the “world of meaning”,and how does semiotics in today's academic context deal with the “world of meaning”?

    Semiotics has developed different perspectives on these issues. Scholars such as Ernst Cassirer,Charles S Peirce,William James,Jakob Von Uexkull,and Zhao Yiheng have explored the boundaries of the world of meaning from different angles. Following the unfinished topics of the above scholars,the formation of the world of meaning can be understood from the relationship between the “world of meaning” and the “world in itself”,the “material world” and the “objective world” respectively. Specifically,it includes three questions.

    First,how does the “world in itself” enter the “world of meaning”?In other words,is the formation of the world of meaning based on “sensibility” or on “cognition”?Traditional semiotics prefers the former. From Ernst Cassirer's point of view to the development of today's academic context,contemporary “semiotics” has the dual logic of “directive meaning” and “value meaning”,and is therefore both “perceptual” and “cognitive”—it not only realizes the reproduction of special aspects of meaning,but also includes the abstraction of formal laws.

    Second,does the expansion of the “world of meaning” come at the expense of the retreat of the “object world”?Ernst Cassirer's affirmative answer stems from the dichotomous logic of “humanities” and “disciplines” since Kant. But this answer holds a closed system view with a fixed total amount. Starting from an open system and dynamic semiotic practice,the “world of meaning” is not a deprivation of the “objective world”,but is constantly created and enriched in semiotic practice. Even the “object world” is a specific concept of the “world of meaning”,the manifestations of meaning of what is called “things”. Not only do they not retreat due to the expansion of the world of meaning,but they are the practical results of the rich world of meaning.

    Third,how does the “objective world” appear to the “meaning world”?The objective world is not directly open to the world of meaning,but forms a restriction on the intention to obtain meaning by showing certain stipulations and order. This “appearance of the order of things” is “information”. It is the objective basis of symbols and the intermediary between the world of things and the world of meaning. It affects the direction and the way in which intentionality illuminates meaning.

    From the above,the “world of meaning” based on perceptual semiotics can be understood as follows:First of all,a semiotics based on the two dimensions of directional meaning and value meaning is both a “perceptual” semiotics and a “cognitive” semiotics. Secondly,the world of meaning is not realized through the deprivation of the world of things,but the “richness” of the reconstruction of “things” as practical objects themselves. Finally,“information” is the objective order of the world and the preexisting condition of the world of meaning,and the world of human meaning is not just a simple reflection of “information” because the “value dimension” of the “world of meaning” is based on human symbolic practice.

    Keywords: World of meaning;Cultural communication;Semiotic philosophy;Information theory

    The Research Turn of Zhu Guangqian's Contemporary Aesthetics

    LiShitao

    Abstract: After the founding of New China,Zhu Guangqian adapted to the changes of the times,adjusted his research ideas and objects,and his aesthetic research also changed greatly. We summarize this change with his four turns:translation and study of western aesthetic materials,study of philosophical aesthetics,study of Marxist aesthetics and literary theory,and comparative study of Chinese and Western cultures and civilizations.

    With his prolific translation of Western aesthetic materials and the research achievements represented byTheHistoryofWesternAesthetics,Zhu Guangqian laid the foundation for the study of Western aesthetics as an academic discipline in China and greatly promoted its development. His theory of “the unification of subjectivity and objectivity” promoted the understanding of beauty and became an important school of contemporary Chinese aesthetic research. He also made contributions to the study of Chinese philosophical aesthetics by expanding the study of aesthetic principles and basic theories from many aspects. He translated materials of Marxism and its aesthetics and literary theory,improved the research level of Marxist aesthetics and literary theory,discriminated and corrected the errors in Marxist translation and research,thus deepening the study of Marxism and its relationship with Western schools of thought. Starting from aesthetic research,he started the study of Chinese and Western cultures,civilizations and their comparison in the Chinese aesthetic circle,and promoted the exchange of aesthetics,literature,culture,civilization and academia between China and the West. In addition,as an aesthetician and theorist,he also intervened in the discussion of contemporary literature and art,philosophy,Marxism and cultural issues,promoted the development of contemporary Chinese literature and culture practice. He led the development direction of contemporary Chinese humanities with a broad vision and standardized research,which not only improved the level of humanities research,but also demonstrated the achievements of contemporary Chinese academic research to the international community.

    Zhu Guangqian's research turn is the result of the changing times and his personal choice,the result of the interaction between many factors,subjective and objective,accidental and inevitable,active and passive. Of course,there are also gains and losses. In this sense,his academic turn is a subject that deserves our research. We should look at his turn in a comprehensive way,and objectively evaluate the result of his turn. An in-depth study of the turn of Zhu Guangqian's contemporary aesthetic research helps evaluate the gains and losses of his aesthetic research after the founding of the People's Republic of China,understand the evolution of his academic thoughts,and grasp the history of contemporary Chinese aesthetics and academic development. It also helps promote the development of current aesthetic research,literary practice,academic research and cultural exchange.

    Keywords:Zhu Guangqian;Contemporary aesthetic research;Research turn;Evaluation;Chinese contemporary aesthetics;Contemporary Chinese academic history

    Institutional Norms and Individual Feelings:Imperial Academy in Song Dynasty as a Literary Space

    XuHaoran

    Abstract: Imperial academy (詞垣)is the general term for the offices of imperial edict drafters (詞臣)since the Tang and Song dynasties,responsible for writing decrees of the court. As a literary space,the imperial academy in Song Dynasty had two coexisting contexts:the institutional norms of the court and the individual feelings of literati. On the one hand,writing articles on behalf of the emperor was the duty of imperial academy that must highlight the political stance of imperial power and the elegant aesthetic taste of the court. On the other hand,the experiences of each of drafters in imperial academy,as a spiritual individual carrying the culture of scholar-bureaucrat,were not limited in government offices. During their tenure as drafters,they sometimes infiltrated the personal feelings accumulated in their life experiences into the work and life of imperial academy,thus transcending the institution in certain articles and poems.

    Examining the four representative aspects of the life of imperial edict drafters with the above two contexts:their duty of writing decrees,the composition of night-shift poems,the relationship between drafters and clerks and the cultural phenomenon of admiring imperial edict drafters in the former dynasty,we can truly and concretely explore the connotation of literary style in imperial academy. Under the influence of institutional norms,the decree writings of imperial academy must conform to the intentions of the upper power,and the meaning of articles should not deviate from the norm,with no exception even for drafters of excellent literary talents. The compositions of night-shift poems tended to normatively express the nobility and elegance of palace officers while personal intentions of retirement could only be used as a stylized embellishment in poetry. The relationship between drafters and clerks showed the constraints of the subtle end of the institution on drafters. Clerks who served in the imperial academy for a long time,for life,or even for generations,often had a better understanding of the profound state of the world and people's hearts during the operation of institutions. They sometimes pointed out the inappropriateness in the acts of cultivating talents and the traces of literary highlights in the under-order works of drafters. The keynote of admiring drafters in the former dynasty was expressed in accordance with the imperial will as describing the achievements of the predecessors in their official positions,officially expressing their willingness to follow them. Under the encouragement of individual feelings,the decree writings could transcend the conservative atmosphere of the officialdom and outstanding literary talent could use their under-works to demonstrate their demeanor of praising oneself and mocking superiors with literature. The compositions of night-shift poems could break through the aesthetic taste of the palace with rustic charm,standing out from the elegant fashion in imperial academy. The relationship between drafters and clerks was reflected in poems and articles using the role of clerks as rhetorical devices to promote the image of drafters in order to emphasize drafters' personal family backgrounds,literary talents and personal friendships with each other. The attitude of admiring drafters in the former dynasty was manifested by admiring their poems in retirement and their leisure demeanor so as to comfort drafters' feelings of disappointment in the officialdom.

    The literary space of imperial academy in Song dynasty had a trend of “institution-individuality” coexistence,which can change previous stereotypes to the environment of under-order writings. The manner of surpassing the institutional norms and demonstrating individual feelings by the group of imperial edict drafters conforms to the standard position of literary emphasis on expressing emotions and spirits that should become a noteworthy landscape in researches.

    Keywords: Imperial academy in Song dynasty;Literary space;Institutional norms;Individual feelings

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