Posts by: 爱德布克



The best books of 2014 were about the South China Sea, the fall of the Berlin Wall, Kaiser Wilhelm II, the publishing of “Ulysses” and capitalism in the 21st century

Politics and current affairs

The People’s Republic of Amnesia: Tiananmen Revisited. By Louisa Lim. Oxford University Press; 248 pages; $24.95 and £16.99. Buy from
Twenty-five years after the bloodshed in Beijing, new details keep emerging. This reconstruction, by a correspondent for America’s National Public Radio, is as important for Western readers as it is for the new Chinese generation that has grown up since 1989 and knows little of what happened.

The Tyranny of Silence: How One Cartoon Ignited a Global Debate on the Future of Free Speech. By Flemming Rose. Cato Institute; 240 pages; $24.95. Buy from
The culture editor of the Danish newspaper that published cartoons about the Prophet Muhammad in 2005 offers a personal account of the ensuing controversy and what it means for democracy.










Above the Law 的报道 “Judge Posner’s Blistering Benchslaps At The Same-Sex Marriage Arguments”

As we mentioned in Morning Docket and on Twitter, yesterday’s Seventh Circuit arguments weren’t fun for the defenders of Wisconsin and Indiana’s same-sex marriage bans. The three judges, especially Judge Richard Posner, were tough — very tough.

Chris Geidner of BuzzFeed, a leading chronicler of marriage-equality litigation, described the proceedings as “the most lopsided arguments over marriage bans at a federal appeals court this year.” Ian Millhiser of ThinkProgress called it “a bloodbath.”

That’s no exaggeration. Let’s check out the specifics….

A Seventh Circuit panel consisting of Judge Richard Posner, Judge Ann Claire Williams, and Judge David F. Hamilton heard argument on Tuesday in two cases: Baskin v. Bogan, a challenge to Indiana’s statutory ban on same-sex marriage, and Wolf v. Walker, a challenge to Wisconsin’s constitutional ban on same-sex marriage. You can listen to the arguments here (Baskin) and here (Wolf).


WIRED: Edward Snowden: The Untold Story

THE MESSAGE ARRIVES on my “clean machine,” a MacBook Air loaded only with a sophisticated encryption package. “Change in plans,” my contact says. “Be in the lobby of the Hotel ______ by 1 pm. Bring a book and wait for ES to find you.”

ES is Edward Snowden, the most wanted man in the world. For almost nine months, I have been trying to set up an interview with him—traveling to Berlin, Rio de Janeiro twice, and New York multiple times to talk with the handful of his confidants who can arrange a meeting. Among other things, I want to answer a burning question: What drove Snowden to leak hundreds of thousands of top-secret documents, revelations that have laid bare the vast scope of the government’s domestic surveillance programs? In May I received an email from his lawyer, ACLU attorney Ben Wizner, confirming that Snowden would meet me in Moscow and let me hang out and chat with him for what turned out to be three solid days over several weeks. It is the most time that any journalist has been allowed to spend with him since he arrived in Russia in June 2013. But the finer details of the rendezvous remain shrouded in mystery. I landed in Moscow without knowing precisely where or when Snowden and I would actually meet. Now, at last, the details are set.

Continue to read the full text.

New Book: Corruption in America: From Benjamin Franklin’s Snuff Box to Citizens United. By Zephyr Teachout

Corruption in America: From Benjamin Franklin’s Snuff Box to Citizens UnitedZephyr Teachout, Corruption in America: From Benjamin Franklin’s Snuff Box to Citizens United, Harvard University Press 2014. ISBN 9780674050402. 384 pages

When Louis XVI presented Benjamin Franklin with a snuff box encrusted with diamonds and inset with the King’s portrait, the gift troubled Americans: it threatened to “corrupt” Franklin by clouding his judgment or altering his attitude toward the French in subtle psychological ways. This broad understanding of political corruption—rooted in ideals of civic virtue—was a driving force at the Constitutional Convention.

For two centuries the framers’ ideas about corruption flourished in the courts, even in the absence of clear rules governing voters, civil officers, and elected officials. Should a law that was passed by a state legislature be overturned because half of its members were bribed? What kinds of lobbying activity were corrupt, and what kinds were legal? When does an implicit promise count as bribery? In the 1970s the U.S. Supreme Court began to narrow the definition of corruption, and the meaning has since changed dramatically. No case makes that clearer than Citizens United.

In 2010, one of the most consequential Court decisions in American political history gave wealthy corporations the right to spend unlimited money to influence elections. Justice Anthony Kennedy’s majority opinion treated corruption as nothing more than explicit bribery, a narrow conception later echoed by Chief Justice Roberts in deciding McCutcheon v. FEC in 2014. With unlimited spending transforming American politics for the worse, warns Zephyr Teachout, Citizens United and McCutcheon were not just bad law but bad history. If the American experiment in self-government is to have a future, then we must revive the traditional meaning of corruption and embrace an old ideal.


2014年5月5日,北京大学宣布正式启动“北京大学燕京学堂”计划(Yenching Academy,Peking University)。根据北大的官方介绍,这是一个独立建制的教学科研实体机构。燕京学堂为住宿式学院,将开设一年制的“中国学”硕士项目,包括“哲学与宗教”、“历史与考古”、“语言、文学与文化”、“经济与管理”、“法律与制度”和“公共政策”六个方面的课程体系,主要以英文讲授。2015年9月,第一届学生即将入校,其中包括六十五名海外学生、三十五名中国大陆学生,所有人都将获得全额奖学金。教师的配置,是从北大现有教师中联合聘任三十人,从国内外招聘“杰出学者”二十人,并邀请“国际顶尖访问教授”二十人。





社会思想译丛 ★ 新书讯

垄断的秘密:沉没成本与市场结构约翰·萨顿(John Sutton):《垄断的秘密:沉没成本与市场结构》(Sunk Costs and Market Structure: Price Competition, Advertising, and the Evolution of Concentration),艾佳慧、贾绅译,北京大学出版社2014年。ISBN: 9787301242353. @豆瓣 @小组


究提供理论基础。运用当前的博弈理论模型,约翰·萨顿重新检验了传统研究主题。他指出, 尽管许多结果具有“微妙”的性质,但在合理改变



社会思想译丛 ★ 新书讯

法官的裁判之道:以社会心理学视角探析劳伦斯·鲍姆(Lawrence Baum):《法官的裁判之道:以社会心理学视角探析》(Judges and Their Audiences: A Perspective on Judicial Behavior),李国庆译,北京大学出版社2014年。ISBN: 9787301168004. @豆瓣 @小组






理查德·波斯纳文集 ★ 新书讯

资本主义民主的危机理查德·波斯纳:《资本主义民主的危机》(The Crisis of Capitalist Democracy),李晟译,北京大学出版社2014年。@豆瓣 @小组




这一深层结构的内涵是:在法院内部建立细密的层级体系,并通过竞争上岗制度,将这一静态的体系激活,成为控制等级(cybernetic hierarchy)[2],从而建立起以“命令—服从”为特征的内部控制机制。




1990年代中期以后,正当程序(due process)理论几乎为中国刑事诉讼法和诉讼法学研究提供了全部的想象空间。作为正当程序理论两个核心命题之一,以下判断,影响至深:真理就是从这一立场出发而获得解释的总体:正当/可接受性既不在于过程起点的规定性,也不在于过程最后所得出的结果,而只在于过程本身。[1] 但是,何为正当,由谁设计,以什么标准设计的程序为正当,在不同的持论下,始终难获得共同接受的界定。以实定法作为最低限的正当,这一愿景亦不断被诉讼实践否弃。在行动中的刑事诉讼实践内,有着“双规”、撤回起诉等非诉讼法规定的程序在实际担当着功能。

原本在1978年12月中央纪委成立和1979年初彭真主持《人民检察院组织法》修改时,已经确立了此后两者各自的性质分工:纪委负责违反党纪、政纪,检察院监督的范围是犯罪。[2] 1986年根据邓小平的指示,又进行了重申和机构调整。[3] 但是在1997年前后,纪委和检察院在重大职务犯罪上的关系成为:纪委立案调查,查清事实,然后移送检察院,反贪局实际仅作为纪委的预审机构出现,检察院的独立发现重大案件、立案侦查的比例大幅下降。在两者关系形态中起决定性的节点之一是纪委的“双规”手段。




Francis Fukuyama: Political Order and Political Decay: From the Industrial Revolution to the Globalization of Democracy.

Francis Fukuyama: Political Order and Political Decay: From the Industrial Revolution to the Globalization of Democracy. Farrar, Straus and Giroux, 2014. ISBN: 0374227357; 9780374227357.


Political Order and Political Decay: From the Industrial Revolution to the Globalization of DemocracyThe second volume of the bestselling landmark work on the history of the modern state

Writing in The Wall Street Journal, David Gress called Francis Fukuyama’s Origins of Political Order “magisterial in its learning and admirably immodest in its ambition.” In The New York Times Book Review, Michael Lind described the book as “a major achievement by one of the leading public intellectuals of our time.” And in The Washington Post, Gerard DeGrott exclaimed “this is a book that will be remembered. Bring on volume two.”

Volume two is finally here, completing the most important work of political thought in at least a generation. Taking up the essential question of how societies develop strong, impersonal, and accountable political institutions, Fukuyama follows the story from the French Revolution to the so-called Arab Spring and the deep dysfunctions of contemporary American politics. He examines the effects of corruption on governance, and why some societies have been successful at rooting it out. He explores the different legacies of colonialism in Latin America, Africa, and Asia, and offers a clear-eyed account of why some regions have thrived and developed more quickly than others. And he boldly reckons with the future of democracy in the face of a rising global middle class and entrenched political paralysis in the West.

Richard A. Posner, Economic Analysis of Law, 9th Edition.

Richard A. Posner, Economic Analysis of Law, 9th Edition. Wolters Kluwer Law & Business, 2014. ISBN: 9781454833888.

Lucid, comprehensive, and definitive in its field, this text covers every aspect of economic analysis of the law.


  • Two new chapters, one on intellectual property, one on international and comparative law, both exploding fields of great importance.
  • Earlier editions’ questions have been converted to answers, making the book more accessible and informative.
  • Revised to be clearer and less technical.
  • More eclectic, reflecting recent criticisms of “rational choice” theory, in particular the need to supplement it with insights from psychology.
  • Greater attention paid to judicial behavior, realistically modeled and explained in economic terms.
  • Incorporates insights from the veritable explosion of books and articles published in the last few years on economic analysis of law.

Richard A. Posner is a judge of the U.S. Court Appeals for the Seventh Circuit, and a senior lecturer at the University of Chicago Law School. He is the author of numerous books, including Overcoming Law, a New York Times Book Review editors’ choices for best book of 1995 and An Affair of State: The Investigation, Impeachment, and Trial of President Clinton, one of Times‘ choices for Best Book of the Year in 1999 and a Los Angeles Times Book Prize Finalist, 2000.

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