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Parsons' Structural-Functional Theory of Law-A Socio-Legal Analysis and Critical Evaluation
No full text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
No full text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
No full text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
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
koamabayili/VECTRON-author-checklist: VECTRON author checklist
No full textWe have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used
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