581 research outputs found

    Parsons' Structural-Functional Theory of Law-A Socio-Legal Analysis and Critical Evaluation

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    本論文首述社會學與人類學中的功能理論,介紹墨頓顯性的與隱性的功能說,再簡介帕森思的生平、著作與學說主旨。接著描寫帕氏社會體系論中四大主要功能:適應、目標達致、整合與類型保持。法律作為社會總體系的次級體系,其主要的功能重在社會控制與社會整合。是故本文的重點在討論作為社會操控機制的法律之特徵,以及法律怎樣運用制裁、管轄、正當性與解釋的手段,配合法律的專業化來達到穩定社會總體系之目的。稍後,本文討論帕氏對契約、雇傭與財產權的剖析。最後,覆述帕氏法律社會學的大旨,評估其得失,以及後人在結構功能論以及體系論方面之發揮,以補充帕氏未竟與未逮之理論大業。This essay deals firstly with the evolution of functionalism in sociology and anthropology. It then treats Merton's distinction between the manifest and latent functions. Subsequently, the focus of the article is on Parsons' theory of social system. Having discussed his career, major writings and essential theoretical contributions, the author dwells on Parsons' four functional imperatives and their relevance to the law as one of the social subsystems. According to him, the law as a mechanism of social control operates in a free and open society in terms of sanction, jurisdiction, legitimation and interpretation with the aid of the legal profession. In addition, Parsons' discussion of contract, employment and property right is highly enlightening and deserves a brief mention. Finally, the treatise critically evaluates Parsons' socio-legal model and supplements it with theoretical modifications and expansions by recent scholars, such as H. Bredemeier, N. Luhmann, G. Teubner and A. Podgorecki

    Theory and Practice-The Divergent Views among Kant, Hegel and Marx

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    哲學是愛智(熱愛智慧、追求知識、知天、知人、知己)的學問。康德認為在純粹理性指引下,遵循數理、邏輯與自然科學的方法,我們知識可以窮究經驗世界、是然世界(知悉已發生、正在發生、未來要發生)的自然、社會和人文現象。但現象背後的實體界(Noumena)也就是「物自身」卻不是理論哲學可以知悉的,這方面我們只能憑藉形而上學、神學、倫理學、政治學,一言以蔽之,實踐哲學,來加以瞭解和體驗。原因是作為擁有義務感與責任感的人類,有異於是然世界的其餘眾生,必須活在道德世界當中。道德是實踐的、是人的德行與理想的追求,也是對應然的、當為的行動的規範與約束。是故在自主、自由、自決中,人選擇了應為的行動。這點與認知和技術應用(狹義)的實踐不同。由是可知康德不但分辨(認知的)主體與客體、現象與本體、是然與應然,也分辨了理論與實踐。黑格爾則企圖把康德這種兩元對立的思考打破。對他而言,主體最終與客體聯合,是然與應然的鴻溝要填平,而理論與實踐也合一不但人在其心靈上要符合理性原則發展,就是外頭的世界最終也因人的認知、勞動、形塑而走上合理之途。馬克思更進一步把康德與黑格爾追求心靈與實在合理之理論,以批判和革命活動的實踐,使世界遭受改變(合理的改答),從而人群與社會真正進入合理發展的階段。本文析述德國三位思想家怎樣從唯心主義轉向唯物主義的過程,特別指出理論與實踐怎樣經歷了分離、趨同和統一的過程。This article deals with philosophical debate on theory and practice in the age of German Enlightenment. It focuses on the diverse and opposite viewpoints of Kant, Hegel and Marx. Kant's attempt to solve the problem "how are synthetic a priori judgment possible?", leads him to develop his theory of knowledge. According to him reality consists of appearances (phenomena) and things-in-themselves (noumena). What we know are only appearances, but things-in-themselves are unknowable. The latter can be he postulated and intuited, but not experienced by our senses. For Kant knowledge is a product of both sense and understanding which provides us with one kind of principles. This is due to the operation of pure reason, whose result is theoretical knowledge. On the other hand, there are also principles based on the concepts of reason which have their own kind of validity, and are not as theoretical knowledge but in terms of practice. This is the basis of Kant's bold separation of the world of theoretical knowledge and science and the practical world of God, morality and human action (especially, freedom of will and autonomy). Thus Kant distinguishes "sensible world" of scientific knowledge from the "intelligible world" of morality, freedom, and good intentions, God and the immortality of soul. Kant's schizoid two-standpoint, two-world, two-self view paves way for his dichotomy of to be and ought to be, necessity and freedom, theory and practice. Hegel tries to overcome Kant's dualism by stressing the desperate journey of consciousness, self-conscious, reason and spirit. Put in other words, he delineates a dialectical, ascending and transcending process of subjective through objective to absolute knowledge. In his major work Phenomenology of Spirit (1807), Hegel explicates the transition from consciousness to self-consciousness not a shift from realism to idealism, but from theory to practice, in theorizing we have a detached view of the world, and so abstract from our position as subjects in the world, whereas in practical activity we act on the world and put ourselves as subjects at the centre of things. Human theoretical attitude concerns their focus on the object, while in their practical attitude they subordinate object to the subject. In fact, Hegel sees no absolute gap between to be and ought to be, between necessity and freedom, between theory and practice. Marx further bridges the chasm between subject and object, necessity and freedom, theory and practice. For him practice means critical and revolutionary activity which determines human theoretical consciousness. On the other hand, there are some theories, especially empirical, techno-scientific and historical knowledge which constitute productive forces, thus guide our action. Such kind of theory is not limited and bound by practical activity. Finally, Marx's own materialist conception of history goes beyond the limitation of practice. For him the dialectical and historical materialism evidence the unity of theory and practice

    Hegel's Philosophy of Right and Marx's Criticism

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    本文簡述黑格爾《法律哲學大綱》一書的內涵、要點,與馬克思對黑格爾國家學說的批評。全文共分為九段。首先析述黑格爾並非保守的法政哲學家,也非普魯士的御用學者。他反對君權神授的說法,但有限度接受當代自由主義的思潮。接著本文檢視《法律哲學大鋼》的結構,觀察當中黑格爾對於政府、國家、憲法的設計。其中他認為政府包含皇冠(君王)、行政(中央政府)與立法(等級議會),而等級議會則採兩院制,不過他卻反對藉由公開選舉的民主政制。在1843年青年馬克思先對黑格爾《法律哲學大鋼》涉及倫理生活的部分進行批判,而這篇批判的長稿成為他後半生研究的起點,他也在此由唯心主義轉向唯物主義,由哲學人類學轉向政治經濟學。有別於部分學者認為這是青年與成年馬克思學說的分野,甚至是他本人「認識論的斷裂」,我們則認為他並未因遭逢普魯士的迫害而全然轉向,而是對黑格爾的學說與社經實狀有了更明確的認識,進而對黑格爾的國家理論提出批判。他攻擊黑格爾錯將主詞和述語誤置。藉由費爾巴哈的轉型批判法,馬克思批評黑氏理論中的長子繼承制,也揭穿他頭腳倒立的錯誤。他主張人是「種類之物」,也是「政治動物」。他指出現代國家的特徵是將民間社會與政治社會合而為一消弭社會與個人利益的衝突,但反對黑格爾所指四種導致國家統一的制度或機關,特別是長子繼承制。馬克思認為和產的正面取消(揚棄),是全人類獲得解放的先決條件。他也認為國家應當逐漸消亡。有別於黑格爾認為國家是理性的體現和本質與誤認官僚體系是普遍階級,馬克思對普勞階級的社會地位予以肯定與寄予開創歷史的厚望,進而提出經由普勞階級革命、奪取政權,做為求取全人類的解放之手段。其後在《巴黎手稿》(1844)中,他分辨粗糙的共產主義與揚棄和產的和異化的共產主義,他認為真正的共產主義是各種人類衝突「真正的解決」,也是「人類歷史之謎的解答」,顯見他深受費爾巴哈哲學人類學的影響。青年馬克思在1843-1844年間的心路歷程之歷練,可說是思維上的摸索與探察,是黑格爾思維體系的深化。最後,馬克思並未全然拋棄黑格爾的唯心主義。反之,在他的思想體系,乃至其後的西方馬克思主義,我們都發現黑格爾觀念論扮演重要的角色。其中對黑氏學說的批判,萌生馬克思產生取消和產與克服異化的觀點,也是他走上哲學的共產主義之開端。This essay deals with the main content, structure and purpose of Hegel's principal political work-The Philosophy of Right (1821)-and Marx's criticism. It consists of nine parts. At first, the authors points out that Hegel despite his speculative philosophy and his guarded support of Christian tenets, is not a conservative, let alone a reactionary political thinker. He was opposed to the divine right of the monarch and inclined toward the liberalism then prevailed in Western Europe. In his major political and legal writing he designed the ideal form of government and the state, in which the crown, executive and Estates respectively played a vital role. He disapproved the universal suffrage as the direct way to establish democracy. The distinction between civil and political society characterizes the modern national state. For him the Assembly of Estates represents the aggregate interests of civil society. In the summer of 1 843 the young Marx started to write a lengthy book aiming at the critique of Hegel political doctrine, which, however, remained throughout his lifetime as unpublished manuscripts. The manuscripts were unearthed and have been available after the end of the World War Two. Thus, we encounter Marx's early writings including the piece of "Critique of Hegel's Doctrine of the State." Based on the German original text and its English translation, we are able to analyze the main thrusts of Marx's criticism. Basically, he criticizes how Hegel inverts reality by deriving empirical institutions (family, civil society and the state) from philosophical idea (Geist). Put in other words, the young Marx attempts to expose Hegel's mysticism. By means of textual analysis and comparison, he shows the internal inconsistencies or contradictions in Hegel's argument. Marx did not concur with Hegel's unity and synthesis of political and social life, common and individual interests. He contested the labeling of the truly universal class for the bureaucracy. He called for unrestricted suffrage to heal the schism in society. Marx's attack on the traditional institution of the primogeniture (The inheritance of landed property passes automatically to the first-born son) and his critique of Hegel's support of such an unfair system led him to look seriously into the subject matter of private property. Through his discovery of German proletariat (poor peasants and workers) and his novel idea of combination of German philosophy with German working class, Marx arrived for the first time at the concept of establishing communism by the abolition of private property. Thus Hegel's political and legal doctrine paved way for the young Marx to adopt a philosophical kind of communism. Despite of the recent scholars' assertion that the importance of Hegel for Marx has been declining, the present authors insist that Hegelianism still exerts a tremendous and profound impact on Marx and Marxism

    Disaster Response for Effective Mapping and Wayfinding

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    The research focuses on guiding the affected population towards a safe location in a disaster area by utilizing their self-help capacity with prevalent mobile technology. In contrast to the traditional centralized information management systems for disaster response, this research proposes a decen- tralized computer-supported management system in which affected people can lead themselves to safety and simultaneously serve as field sensors that share information about the disaster situation. A literature study together with contextual inquiries (field observations) were first conducted to analyse and identify existing problematic areas in order to envision a feasible, efficient and effective system. Based on literature from the field of disaster sociology and humanitarian operation experience, it was clear that the affected people in a disaster are not simply helpless victims; instead, they consist of capable human beings who tend to act rationally and proactively in a united and helpful manner. In times of collective stress, they are even able to creatively use whatever means of technology are at hand. This group forms the majority of the population that is affected by a disaster. They are distributed over the disaster area and witness the disaster first hand. As a result, these individuals form a massive potential resource for collecting first hand knowledge about the disaster. Field observations indicated that tailored mobile navigation support is lacking. Likewise, situation map-map- ping support has appeared to be limited, fragmented, and funnelled to one “plotter”. The literature and field observations showed that there is a need for (1) navigation support of the affected people, (2) collaborative map-making support, and (3) the integration of these support functions into one informa- tion system to establish a harmonized, effective, and safe, disaster response. As part of the research, prototypes of these two support functions and the integrated system were developed and tested in both controlled environments and out in the field. Major disaster events can significantly change an area, render earlier geo- graphical data obsolete, and make damaged infrastructure hazardous to the affected people. In order to minimize public exposure to such dangerous conditions, which prevail in disaster areas, the affected people need to be guided to a safer location. Thus, a navigation system that provides sufficient and flexible guidance given the altered environment in the disaster area is critical in these situations. The first study was a field experiment, tested a handheld navigation solu- tion that pointed toward the direction of a destination and elementary navi- gational cues. The results suggested that a rudimentary navigation cue in the form of an arrow was sufficient to guide an individual towards a specific destination. Moreover, additional navigation cues such as the distance or the time to a destination gave additional support by making it easier for a person to follow the guidance. However, in order to provide adequate navigational support, an up-to-date presentation of the post-disaster situation is desirable. Especially as a map is usually needed to represent complex situations. For example, during the field observations of USAR.nl in the Czech Republic, the rescuers sketched and updated a map (drawn on the wall) with a spray can to represent the rescue situation and their activity outcomes over time. The command post was informed about the situation however by audio (tel- ephone) communication. In a disaster with widespread damage, the disaster situation needs to be rapidly assessed. However, the traditional centralized mechanism of gathering this kind of information is regarded as inefficient and can result in an inaccurate and outdated situation map. These ineffi- ciencies stem from: (1) the use of an unsuitable communication modality to relay spatial information (e.g. audio), (2) limited emergency resources that collect this kind of information, and (3) the hierarchical and chain report- ing structure in the organization of the map-making process. To overcome these inefficiencies, this research also focuses on a distributed approach that utilizes the affected people for collecting situation data in the field and using additional modalities of communication. This led to the second study, which investigated the construction of a shared situation map using a collaborative mechanism. This study was conducted in a controlled laboratory environment. The first results demonstrated that if the contribution from each individual is not balanced then collaborative map-making can result in a joint map that is worse than the underlying in- dividual maps. Based on this result, a method of explicitly showing confi- dence information was prototyped in the subsequent experiment. The results showed that the quantity and quality of the information in the collaborative maps was better than the individual maps. It was concluded that a visual shared map can complement the auditory communication during situation map-making and that explicitly rating objects and events in the map with a confidence level significantly enhanced the discussion process. Finally, the third empirical study was an extensive controlled field study where Delft was converted into a disaster playground. Several participants played simultaneously different roles (the affected people and the operator) located at multiple locations (in the field and in the information center) while using multiple devices (mobile phone, desktop computer) and applications (mobile client, server, and simulation). The aim of this study was to compare the proposed system with the traditional centralized system. The result of this study demonstrated that the proposed system was superior in (1) guiding the affected people safely to their destination, (2) helping operators in achiev- ing a higher situational awareness, and (3) lowering operator workload. To conclude, this research proposes a participatory distributed mechanism which involves the affected people to improve the disaster response. The system harvests the capabilities of the affected people as distributed active sensors for assessing disaster situations. In this way, they can help them- selves to safety while helping to rapidly construct a clear image of the dis- aster without burdening the already overwhelmed rescue services. The study showed that this mechanism might reduce the workload of the disaster re- sponders and may improve the effectiveness of the disaster response process. With better situational awareness of the disaster area, humanitarian aid and rescue activities can be conducted more effectively and victims can be saved faster than before. Thus, the proposed system in this thesis can form the foundation of an efficient next generation disaster response system.MediamaticsElectrical Engineering, Mathematics and Computer Scienc

    Fabrikage Butanon-2

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    Document(en) uit de collectie Chemische ProcestechnologieDelftChemTechApplied Science

    Exciton and charge carrier dynamics in semiconductor nanorods and nanoplatelets

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    ChemE/Chemical EngineeringApplied Science

    Damage development in the adhesive zone and mortar of porous asphalt concrete

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    This research is focused on damage development in the adhesive zone and the mortar of porous asphalt concrete. The motive of this research is the loss of stone from the pavement surface, the so-called ravelling of noise reducing surface wearing courses. Ravelling is the dominant defect of porous asphalt resulting in huge costs of maintenance and resurfacing in the Netherlands. Ravelling is a mixture-associated problem and is directly related to the binding failure within the stone-to-stone contact regions. This research is thus towards a better understanding of the processes responsible for ravelling, i.e. cohesive failure in the mortar bridge and adhesive failure at the mortar/aggregate adhesive zone on the basis of meso-mechanics. An intensive experimental program was carried out on various adhesive zones and mortars at a meso-sale of millimetres. This program was designed based on a better understanding of stress/strain states in porous asphalt concrete under moving traffic loadings. The aim was to develop fatigue/damage models for the adhesive zone and mortar which allows life expectancy to be predicted. Tension and shear tests as well as tests in which tension and shear were combined were performed on the adhesive zones. Among these tests, uniaxial tension testing was conducted using Dynamic Mechanics Analyzer. Shear testing was performed using Dynamic Shear Rheometer. A test which combined tension and shear was specially designed. Various types of load signals were applied accounting for complex stress signals to which the adhesive zones are subjected in practice. A damage model based on a linear cumulative damage rule was used to explain the obtained test data. The proposed model is making use of the integration of an equivalent uniaxial tensile stress signal to compute the development of damage. To do this, an internal-friction theory was applied to translate any combination of shear and normal stresses into a simple equivalent uniaxial tensile stress. Model fit indicated that the predicted number of cycles to failure is in agreement with the measured data. A practical mortar fatigue model based on the dissipated energy concept was developed for the life predictions under complex multiaxial loadings. The fatigue model is based on the initial dissipated energy per cycle. Model parameters can be determined on the basis of commonly used fatigue tests. The proposed model gave very good results in explaining the laboratory fatigue data. By combining the mortar stress and strain signals provided by response calculations the dissipated energy per tyre passage can be calculated and the number of load repetitions to failure can be estimated using the mortar fatigue model. The developed fatigue/damage models were applied to explain the ravelling damage of four different porous asphalt mixtures used in a full-scale accelerated pavement testing (APT) experiment. Finite element simulations of the behaviour of these four mixtures were made. A 2D idealized model was used for practical reasons. The life expectancy predicted by this way was in good agreement with the results of full scale ravelling tests. The life time predictions as made explain the initiation of ravelling. In reality however maintenance will only be applied if ravelling has extended over a certain area and at a certain level of severity. To relate the computed life expectancy with the actual lifespan of porous asphalt or the maintenance moment, a ravelling development model was proposed. By combining this model with the initial ravelling damage obtained from the simulations, the moment for maintenance and resurfacing can be estimated for planning pavement preservation strategies. Finally, it was concluded that the meso-scale fatigue characterization of the adhesive zone and mortar is feasible. The developed adhesive zone damage model and mortar fatigue model together with the finite element model for the prediction of stress, strain and dissipated energy allow to arrive at a proper ranking in performance of porous asphalt mixtures. It has been shown that the developed models are very useful tools to design porous asphalt concrete with a better raveling resistance and a longer lifetime.Road and Railway EngineeringCivil Engineering and Geoscience

    Solar device and method of generating electric power

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    The present invention relates to a solar device comprising a conglomerate of asymmetric electrically-conducting nanoparticles in combination with a filter for circularly polarizing incident light to excite the nanoparticles, wherein the asymmetric nanoparticles are aligned so as to cause that said nanoparticles generally occupy a same predefined orientation within the conglomerate.Imaging Science and TechnologyApplied Science
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