Posts by: 爱德布克

费拉里(编):柏拉图《理想国》剑桥指南

社会思想译丛 ★ 新书讯

G. R. F. 费拉里(G. R. F. Ferrari)编:《柏拉图〈理想国〉剑桥指南》(The Cambridge Companion to Plato’s Republic),陈高华、李诚予、张博、岳林、胡艾忻、吕舒婷译,北京大学出版社2013年。ISBN: 9787301225912. @豆瓣 @小组

内容简介

柏拉图《理想国》剑桥指南

《理想国》是古典世界中仍为今人广泛阅读的杰作,本书是对它的一个新近的全面阐释,其中包括的十六篇文章由不同学科背景和研究路径的一流学者撰写,呈现了广泛的解释光谱。无论是初读者,还是较有经验的研究者,都可从中获得教益。前三篇文章是从《理想国》整体出发进行的论述,余下的文章则是按顺序对《理想国》涉及的不同主题的专门阐释;同时,在某些特别重要的主题上,读者还可以领略不同学者从不同路径给出的不同阐释,从而丰富读者对《理想国》的认识。

书评

无论对于研究生还是高年级大学生而言,这都是一部极佳的导读作品,它在引领研习者穿越《理想国》这个错综复杂的文本的同时,让他们领略围绕它而形成的当代争论。一一爱德华·巴特勒(Edward Butler)

这是一本汇集众多名家之作的书,认真探讨《理想国》的研究者应该人手一本。一一尼古拉斯·史密斯(Nicholas D. Smith)

巴顿等:《贸易体制的演进:GATT与WTO体制中的政治学、法学和经济学》

社会思想译丛 ★ 新书讯

约翰·H.巴顿、朱迪思·L.戈尔斯坦、蒂莫西·E.乔里林、理查德·R.斯坦伯格:《贸易体制的演进:GATT与WTO体制中的政治学、法学和经济学》(The Evolution of the Trade Regime: Politics, Law, and Economics of the GATT and the WTO),廖诗评译,北京大学出版社2013年。ISBN: 9787301217009. @豆瓣 @小组

内容简介

贸易体制的演进:GATT与WTO体制中的政治学、法学和经济学

本书对国际多边贸易体制发展中的政治史和经济史进行了全面分析,这一体制即为世界贸易组织(WTO)及其前身关税与贸易总协定(GATT)。本书对从“二战”后该体制产生至今过程中的法律规则、原则、实践和规范进行了分析,同时分析了体制特点的变化给国内市场开放政策的维持与重构带来的影响。分析当代GATT/WTO体制的规则及其背后的经济学逻辑的著作有很多,而本书则是首部对体制规则发展背后的政治学逻辑进行探讨的著作。

罗杰·科特瑞尔:《法理学的政治分析:法律哲学批判导论》

社会思想译丛 ★ 新书讯

法理学的政治分析:法律哲学批判导论罗杰·科特瑞尔(Roger Cotterrell):《法理学的政治分析:法律哲学批判导论
The Politics of Jurisprudence: A Critical Introduction to Legal Philosophy),
张笑宇译,
北京大学出版社2013年。
ISBN: 9787301216736.
@豆瓣 @小组

内容简介

本书讨论法理学研究什么、它试图做什么以及如何完成这些工作,最为重要的是,它的诸多结论如何能够影响法律实践的日常问题,以及主要的社会、道德和政治观念。作者选择对几位关键法学家的观点进行分析,阐明了法律理论的一般特点,并尝试用一种职业主义和政治分析的方法,来表达这些理论。

本书第一版更多是作为学生教材使用。对此,作者开辟了他的方法,在此版中展现了自初版以来逐渐引人关注的理论中最为重要的领域。新版做了大量修订,著述更为明晰,并且恰当的评述了迄今为止的相关文献。有两章新内容处理了近十年来兴起的对英美法律哲学非常多样化的批判性进路。

曹前发:学习毛泽东勤俭节约的思想与风范

话语标本 · DISCOURSE SPECIMEN

《求是》2013/12

毛泽东在带领全党艰辛探索中国社会主义建设道路过程中,提出了一系列勤俭建国和勤俭节约的思想,这是我国社会主义现代化建设的重要指导思想和重要指导方针,彰显出毛泽东作为一位伟大的马克思主义者的战略眼光。作为伟大领袖,毛泽东本人又是勤俭节约的典范。今天,学习毛泽东勤俭节约的思想与风范仍然有着极强的现实意义。

New Book: Religion without God. By Ronald Dworkin

Religion without GodReligion without God. By Ronald Dworkin. (罗纳德·德沃金:《没有上帝的宗教》) Harvard University Press 2013. ISBN: 9780674726826, 0674726820.

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About This Book

In his last book, Ronald Dworkin addresses questions that men and women have asked through the ages: What is religion and what is God’s place in it? What is death and what is immortality? Based on the 2011 Einstein Lectures, Religion without God is inspired by remarks Einstein made that if religion consists of awe toward mysteries which “manifest themselves in the highest wisdom and the most radiant beauty, and which our dull faculties can comprehend only in the most primitive forms,” then, he, Einstein, was a religious person.

Dworkin joins Einstein’s sense of cosmic mystery and beauty to the claim that value is objective, independent of mind, and immanent in the world. He rejects the metaphysics of naturalism—that nothing is real except what can be studied by the natural sciences. Belief in God is one manifestation of this deeper worldview, but not the only one. The conviction that God underwrites value presupposes a prior commitment to the independent reality of that value—a commitment that is available to nonbelievers as well. So theists share a commitment with some atheists that is more fundamental than what divides them. Freedom of religion should flow not from a respect for belief in God but from the right to ethical independence.

Dworkin hoped that this short book would contribute to rational conversation and the softening of religious fear and hatred. Religion without God is the work of a humanist who recognized both the possibilities and limitations of humanity.

New Book: The Classical Liberal Constitution: The Uncertain Quest for Limited Government. By Richard A. Epstein

The Classical Liberal Constitution: The Uncertain Quest for Limited Government.
By Richard A. Epstein.
Harvard University Press 2013.
ISBN: 9780674724891, 0674724895.

The Classical Liberal Constitution: The Uncertain Quest for Limited GovernmentAmerican liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports.

Grounded in the thought of Locke, Hume, Madison, and other Enlightenment figures, the classical liberal tradition emphasized federalism, restricted government, separation of powers, property rights, and economic liberties. The most serious challenge to this tradition, Epstein contends, has come from New Deal progressives and their intellectual defenders. Unlike Thomas Paine, who saw government as a necessary evil at best, the progressives embraced government as a force for administering social good. The Supreme Court has unwisely ratified the progressive program by sustaining an ever-lengthening list of legislative programs at odds with the classical liberal Constitution.

Epstein’s carefully considered analysis addresses both halves of the constitutional enterprise: its structural safeguards against excessive government power and its protection of individual rights. He illuminates contemporary disputes ranging from presidential prerogatives to health care legislation, while reexamining such enduring topics as the institution of judicial review, the federal government’s role in regulating economic activity, freedom of speech and religion, and equal protection.

New Book: Legal Orientalism: China, the United States, and Modern Law. By Teemu Ruskola

Legal Orientalism: China, the United States, and Modern LawLegal Orientalism: China, the United States, and Modern Law(《法律东方主义:中国·美国·现代法律》). By Teemu Ruskola. Harvard University Press 2013. ISBN: 0674073061, 9780674073067.

Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day.

The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.

New Book: The Roberts Court: The Struggle for the Constitution. By Marcia Coyle

The Roberts Court: The Struggle for the ConstitutionThe Roberts Court: The Struggle for the Constitution. By Marcia Coyle. Simon & Schuster 2013. ISBN: 1451627513; 9781451627510.

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The Roberts Court, seven years old, sits at the center of a constitutional maelstrom. Through four landmark decisions, Marcia Coyle, one of the most prestigious experts on the Supreme Court, reveals the fault lines in the conservative-dominated Court led by Chief Justice John Roberts Jr.

Seven minutes after President Obama put his signature to a landmark national health care insurance program, a lawyer in the office of Florida GOP attorney general Bill McCollum hit a computer key, sparking a legal challenge to the new law that would eventually reach the nation’s highest court. Health care is only the most visible and recent front in a battle over the meaning and scope of the U.S. Constitution. The battleground is the United States Supreme Court, and one of the most skilled, insightful, and trenchant of its observers takes us close up to watch it in action.

Marcia Coyle’s brilliant inside account of the High Court captures four landmark decisions—concerning health care, money in elections, guns at home, and race in schools. Coyle examines how those cases began—the personalities and conflicts that catapulted them onto the national scene—and how they ultimately exposed the great divides among the justices, such as the originalists versus the pragmatists on guns and the Second Amendment, and corporate speech versus human speech in the controversial Citizens United campaign case. Most dramatically, her analysis shows how dedicated conservative lawyers and groups are strategizing to find cases and crafting them to bring up the judicial road to the Supreme Court with an eye on a receptive conservative majority.

The Roberts Court offers a ringside seat at the struggle to lay down the law of the land.

New Book: Reflections on Judging. By Richard A. Posner

Reflections on Judging. By Richard A. Posner. Harvard University Press 2013. ISBN: 0674725085, 9780674725089

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Reflections on JudgingIn Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers.

For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges—most notably Justice Antonin Scalia—needlessly complicate the legal process by advocating “canons of constructions” (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.


Review

“A deep and thought-provoking collection of insightful analyses of various aspects of being a judge, told from an insider’s perspective, but with appropriate and equally thoughtful caveats about the advantages and disadvantages of an insider’s account.”—Frederick Schauer, University of Virginia School of Law


Table of Contents

Introduction: A Judge on the Challenges to Judges
Two Kinds of Complexity
Extrajudicial Writing by Judges
Plan of the Book
Appendix: External versus Internal Complexity in Federal Adjudication

1. The Road to 219 South Dearborn Street
Education and Early Career
The Federal Judicial Appointment Process in 1981
Transition, and the Question of Initial Judicial Training

2. The Federal Judiciary Evolves
A Half-Century of Change
Input-Output, with Special Reference to the Supreme Court
Staff and Specialization in Relation to Rank

3. The Challenge of Complexity
Complexity Further Explained
Examples, Primarily from Criminal Law and Sentencing
The Impact of Technology
Judicial Insouciance about the Real
Specialization the Solution?
Internal Complexity: The Case of the Bluebook

4. Formalism and Realism in Appellate Decision Making
The Formalist Judge
The Realist Judge
Advice to New Appellate Judges

5. The Inadequate Appellate Record
Internet Research by Judges
Is a Word Really Worth a Thousand Pictures?

6. Coping Strategies for Appellate Judges I: Judicial Self-Restraint
Thayer and His Epigones
The Decline of Self-Restraint
The Rise of Constitutional Theory
Thayerism’s Death and Legacy

7. Coping Strategies for Appellate Judges II: Interpretation
The Spirit Killeth, but the Letter Giveth Life
Dreaming a Constitution
Opposites Attract and Repel
Realist Interpretation

8. Make It Simple, Make It New: Opinion Writing and Appellate Advocacy
The Signs of Bad Judicial Writing
The Writer Model versus the Manager Model
Management versus Managerialism
The Formalist Opinion
Rules of Good Opinion Writing
The Morris Opinion
Some Tips on Appellate Advocacy
Appendix: United States v. Morris (Original and Rewritten)

9. Forays into the District Court
Expert Witnesses and Trial by Jury: An Anecdotal Introduction
Party-Appointed and Court-Appointed Expert Witnesses
The Jury
Jury Trials in Patent Cases
Internet Research by Jurors
Other Issues
Appendix: Jury Instructions in Chamberlain v. Lear

10. What Can Be Done, Modestly?
Staffing
Initial Judicial Training
Continuing Judicial Education
The Widening Gap between Academia and the Judiciary
The Role of the Law Schools in Continuing Judicial Education
MOOCs to the Rescue?

Conclusion: Realism, the Path Forward
Acknowledgments
Index


Richard A. Posner is Circuit Judge, the United States Court of Appeals for the Seventh Circuit, and a senior lecturer at the University of Chicago Law School.

Noble and Ignoble — Ai Weiwei: Wonderful dissident, terrible artist. By Jed Perl

《新共和》杂志去年三月换了东家近期改版。改版后第一期有篇著名艺术评论家 Jed Perl 论艾未未的文章值得关注: “Noble and Ignoble — Ai Weiwei: Wonderful dissident, terrible artist”,推荐阅读——

Although Ai is a darling of journalists and editorialists around the world, his work may be a little overly explicit for some connoisseurs of late modernism or postmodernism, better suited to Art and America and The New York Times than to the pages of October. I suspect that many museum professionals in Europe and the United States who have supported Ai’s projects also regard him with a slight condescension, as something of an artistic naïf, albeit an extraordinarily self-possessed naïf. …

The trouble with most critiques of political art is that they pay too much attention to the politics. This is not to say that an artist’s politics do not matter; not at all. But the great challenge today, at least for those who find themselves in a museum wanting to take full advantage of what an art museum has to offer, is how deeply the artist is exploring the means that are available. Therein lies artistic freedom. As an artist, Ai Weiwei remains imprisoned, unable to speak in the language of forms, which is the only language an artist can really know. A novelist might make something exciting out of Ai’s predicament. But Ai, as I say, is not a character in a novel. He is a man who makes works of art. They are bone-chillingly cold, the thoughts or attitudes of a great political dissident who remains untouched by even a spark of the imaginative fire.

阅读 “Noble and Ignoble” 全文

《经济学家》2012年最佳图书

参考:《经济学家》年度最佳图书:2011201320142015201620172018

分为政治、传记、历史、经济、科技、文化、文学七类:

The best books of 2012 were about Richard Burton, Titian, Rin Tin Tin, the revolution in Iran, the great famine in China, secret houses in London, good oil companies, bad pharma and management in ten words

Politics and current affairs

The New New Deal: The Hidden Story of Change in the Obama Era
The New New Deal: The Hidden Story of Change in the Obama Era
. By Michael Grunwald. Simon & Schuster; 528 pages.
The most interesting book so far about the first Obama administration and what the president’s $787 billion stimulus package was actually spent on, by an award-winning author and journalist. Even Republicans should read it.

The Immigrant Exodus: Why America is Losing the Global Race to Capture Entrepreneurial Talent
The Immigrant Exodus: Why America is Losing the Global Race to Capture Entrepreneurial Talent
. By Vivek Wadhwa. Wharton Digital Press; 106 pages.
A nation that can attract the cleverest people in the world can innovate and prosper indefinitely. An Indian-American technology entrepreneur and academic explains how America is forgetting this crucial lesson—to its cost.

Richard Posner: How Many Constitutions Can Liberals Have?

America's Unwritten Constitution: The Precedents and Principles We Live By

Richard Posner: How Many Constitutions Can Liberals Have? (Or, A Lawyer’s Dozen)

(A book review of Akhil Amar, America’s Unwritten Constitution: The Precedents and Principles We Live By)

An excerpt from the beginning part:

Actually, despite the book’s title, it is not two in one—it is twelve in one. There is not just one unwritten constitution, in Amar’s reckoning; there are eleven of them. There is an “implicit” constitution, a “lived” constitution, a “Warrented” constitution (the reference is to Earl Warren), a “doctrinal” constitution, a “symbolic” constitution, a “feminist” constitution, a “Georgian” constitution (the reference is to George Washington), an “institutional” constitution, a “partisan” constitution (the reference is to political parties, which are not mentioned in the written Constitution), a “conscientious” constitution (which, for example, permits judges and jurors to ignore valid law), and an “unfinished” constitution that Amar is busy finishing. All these unwritten constitutions, in Amar’s view, are authoritative. And miraculously, when correctly interpreted, they all cohere, both with each other and with the written Constitution. The sum of the twelve constitutions is the Constitution.

One is tempted to say that this is preposterous, and leave it at that. But it is an attempt to respond to the felt need of professors of constitutional law, and of judges who rule on constitutional cases (particularly Supreme Court justices), to find, or at least to assert, an objective basis for constitutional decisions. On the eve of the Supreme Court’s decision on the constitutionality of the Affordable Care Act—a time of liberal panic—Amar was quoted as saying that if the Court invalidated the act “then yes, it’s disheartening to me, because my life was a fraud. Here I was, in my silly little office, thinking law mattered, and it really didn’t. What mattered was politics, money, party, and party loyalty.” But the constitutional “law” that matters to Amar is not what other lawyers understand law to be. It is a palimpsest of twelve constitutions, only one of which is real.

刘忠:规模与内部治理:中国法院编制变迁三十年

晚近以来,程序正义理论的一个基本命题认为只有经由“中立第三方”主持、双方当事人平等对抗下的三角结构,所得出的结论才是唯一可接受的结果[1]。其方法论立场系出于自然科学:古典物理学为便利研究,将运动中的物体如赛马、帆船等视为一个可以不考虑大小,无体积、形状的“质点”(mass point),从而引入几何学坐标系进行计算。近代以来,人文、社科研究受自然科学研究方式影响甚重[2]。然而,人文、社会研究中,这种方式的物理简约却可能自我斩断能对事态作出真正有力的解释的因果关系项。

将法院看作一个“质点”在程序法内跃动,忽略了法院是一个有着复杂的内部结构关系的组织,忽视了法院的构成尤其是编制规模导致的内部治理所产生的组织内行为会对组织外程序的产生决定性的影响。

本文对三十年(1978-2008)中国法院编制规模作出尽可能细致的数据变化描述,以此为逻辑起点,在“内部组织结构——外部程序行为”这一视域下,展开对以下问题的初步分析:

政治治理观念转型,将更多公共治理职能转移给法院担当,由此导致的三十年法院编制规模巨观化,使得法院内部组织出现了非预期的后果,即表象上的日趋坚硬的科层化,及由此所导致的结构上的困境,即司法行为的作出,被内部组织样态所决定,产生巨大的负外部性,原本期望的国家政治治理方式转变目标恰恰因追求目标的手段自身而被削弱。在学理上,以法院为中心的法治化新叙事,获得了正当程序理论“中立第三方”命题的理论支持。在不反思这一命题的前提下的诸种对策,被1998年以来的司法改革经验证实效果不彰。法院编制激增,不仅带来司法效率问题,也导致了新的“宪政时刻”问题。

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