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Coordinate Rule of law Efforts in Both Domestic and Foreign-Related Matters

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Social Sciences in China 2024年第1期45卷 71-88页

作者： Huang Jin Academy for the Rule of law China University of Political Science and Law

Taking a coordinated approach to promoting the rule of law at home and in matters involving foreign parties stands as one of the essentials of Xi Jinping Thought on the Rule of *** profound essence of this concept is predominantly articulated through the dialectic nexus between the rule of law at home and in matters involving foreign parties and the foundational necessities and underlying principles for their coordinated *** concept is intellectually rooted in the legal theory of socialist rule of law with Chinese characteristics,the theory of major-country diplomacy with Chinese characteristics,modern progressive theories of international law,and the exemplary facets of traditional Chinese *** is aligned with contemporary trends and in harmony with the need to take a holistic approach to imperatives at home and *** philosophy underscores the approach to building a human community with a shared future through the rule of law,guaranteeing the fruition of national strategic *** resonates with profound contemporary,integrative,international,and strategic ***,the focus should be on fostering the development of foreign-related rule of law,maintaining the correct equilibrium between the dyad of rule of law in domestic and foreign-related *** is imperative to augment strategic design and institutional construction in the realm of rule of law on issues related to foreign parties,step up research on and practical application of international law,and reinforce the cultivation of legal professionals in this area to take a coordinated approach to advance the rule of law at home and in matters involving foreign parties.

关键词： comprehensive law-based governance rule of law in domestic matters foreignrelated rule of law rule of law in international matters

THE REALITIES OF law ARE THE WINNING NARRATIVES -- BASIC THESES FOR A REALISTIC AND RHETORICAL philosophy OF law

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Frontiers of law in China-Selected Publications from Chinese Universities 2016年第3期11卷 453-470页

作者： Joao Mauricio Adeodato full professor Vitdria's Law Faculty and Damas Law Faculty Senior Researcher CNPq Brazil full professor for philosophy and theory of law Law Faculty of Recife Federal University of Pernambuco Recife-PE Brazil

This article begins explaining the Aristotelian reduction of rhetoric to persuasion, which came to determine Western tradition until modern times. To understand Aristotle＇s methodology the author then wants to discuss the concept of enthymeme, the ＂rhetorical syllogism,＂ in Aristotle＇s own words. In order to try a realistic critique on the Aristotelian rhetoric, more adequate to a rhetoric of modern law, the author will suggest three epistemological points of departure, three theses, and the three levels of rhetoric that support them.

关键词： realistic rhetoric rhetoric as a philosophical approach against ontologicalapproaches against Aristotelian rhetoricians

On the theory of Chinese Legal Education in the New Era in the New Era of Dispute Resolution Mechanisms in China

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Frontiers of law in China-Selected Publications from Chinese Universities 2024年第2期19卷 129-138页

作者： HUANG Wenyi law School Renmin University of China Beijing 100872China

The Central Committee of the Community Party of China with Comrade XI Jinping at its core has made strategic thinking and top-level design for Chinese legal education in the new era, put forward a series of new concepts, ideas and strategies that are epochal, iconic, and original, and created a scientific and modernized theory of Chinese legal education in the new era. The theory on Chinese legal education for the new era, as an important part of XI Jinping Thought on the Rule of law, profoundly answers significant questions about the orientation, goal, status, relationship, management, and system of Chinese legal education in the new era, and guides us to build a leading country in legal education.

关键词： XI Jinping Thought on the Rule of law legal education a leading country in legal education cultivating rule-of-law talents legal education system resolution mechanisms state intervention social governance

A Conceptual Relativist Amendment to Burke's Monism

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清华西方哲学研究

清华西方哲学研究 2024年第1期 37-56页

作者：陈正观 Institute of philosophy University of Bern

Can distinct objects occupy the same region at the same time? If someone has not been exposed to professional philosophy, they would very likely reply, “No! If a statue is already there, of course I can't put my cellphone, or another identical statue in that region at the same time!” However, as is normally proposed in philosophical seminar, if the statue was created on Monday, and the piece of copper from which it was made was not created on Monday, by Leibniz's law, one comes to the conclusion that the two objects are distinct, yet coincide, that is, occupy the same region, at some *** what follows, Proponents of the view that coincident objects are identical will be called monists; and supporters of the position that coincidents are distinct will be called *** this paper, I will canvass Sosa's version of pluralism—‘explosionism'—and Burke's monism-‘the dominant-sortal theory'.In section 2,I will introduce Sosa's doctrine by showing what his argumentation is, how he disposes of ‘the grounding problem',and how his thesis can be accommodated with our common-sense *** section 3,I will present Burke's monism by displaying how his theory accounts for the identity relation of the coincident objects, and how he construes the persistence conditions that the only existing object in a given location *** main purpose in this paper is to show that the explosionist thesis could raise a challenge to Burke's monism, and then to offer a possible solution to this challenge by resorting to conceptual *** tasks will be pursued in section 4 and 5 respectively.

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Hierarchical Restriction and Reduction of Overcriminalization of Teachers’Disciplinary Behaviors

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The Journal of Human Rights 2024年第3期23卷 567-593页

作者： TONG Yunfeng the East China University of Political Science and law

The right to education is an important part of basic human rights. To transform from a designed vision to a reality in practice, teachers’ right to discipline, as a component of the right to education, needs tangible support from the criminal law. The criminal law cannot be absent from promoting the rule of law in education. However, in practice, teachers’ disciplinary behaviors are often ex-cessively criminalized, leading to problems such as over-expanding punishment and harming the innocent and even the malaise that en-danger substantive justice such as the tarnishing of teachers’ disci-plinary right and the imbalance of teachers’ disciplinary behaviors. Such overcriminalization has its social causes and normative crux, which is the ambiguity of regulations of teachers’ disciplinary right in terms of the pre-existing law and the unclear positioning of the jus-tification of teachers’ disciplinary behaviors in terms of the criminal law. Therefore, it is necessary to carry out a dual clarification of the chaotic parts of the two laws and determine the corresponding guiding principles, and test them one by one through the hierarchical theory of crime to make the path of exculpation clear. At the level of constituent elements, the exculpation is achieved through the normative judgment of the constituent elements;At the level of illegality, the exculpation is achieved by virtue of substantive considerations of reasons such as le-gal acts, legitimate defense, and victims’ commitments;At the level of accountability, the exculpation is achieved through the value screening of the culpability paradigm. We should reverse the trend of overcrim-inalization of teachers’ disciplinary behaviors by clearing the way of exculpation.

关键词： teachers’disciplinary behaviors overcriminalization hierarchical theory of crime justifiable reason

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Kuhn＇s Notion of theory Choice and the Dual-Process theory of Cognition

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Journal of philosophy Study 2013年第5期3卷 353-366页

作者： James A. Marcum Ph.D. Full Professor Department of Philosophy Baylor University USA

In The Structure of Scientific Revolutions, Kuhn claimed that theory choice is a conversion experience and depends upon the personality or psychology of the individual scientist making the choice. Critics charged Kuhn with an irrational and a relativistic position concerning theory choice, arguing he advocated a subjective instead of an objective approach to how scientists choose one theory over another and thereby undercut epistemic accounts for the generation of scientific knowledge. In response to critics Kuhn insisted that his approach, although subjective, was still rational in that the criteria----vomposed of epistemic values--determining theory choice operate both objectively and subjectively. Recent work in cognitive neuropsychology, particularly in the dual-process theory of cognition, supports Kuhn＇s notion of theory choice. In this paper, I initially discuss Kuhn＇s approach to theory choice, along with criticism of it and his response to the criticism, followed by an examination of the dual-process theory of cognition. I then explore the application of dual-process theory to Kuhn＇s notion of theory choice, especially in terms of a historical case study from the biomedical sciences. I finally discuss briefly the implications of the dual-process theory for contemporary philosophy of science.

关键词： cognition dual-process theory rationality theory choice values

Aesthetics Should Return to the Living World

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学术界 2014年第1期 259-264页

作者： Xiao Lang Department of philosophy Southwest University of Political Science and law

As far as the subject of aesthetics is concerned,it shall give attention to sensibility; however,it has been controlled by *** time goes by,aesthetics shall return to the living *** shall not only stay on the level of theory,but also reflect life *** capitalist society developing with the Enlightenment Movement needs the power of reasoning to oppose the shackles of the old religious theology and create a better world on the one hand; on the other hand,it needs the power of sensibility of human beings,without which there would be no consuming desire,and production could not *** such a circumstance,enlightenment thinkers must re-coordinate reasoning and sensibility in order to set up the new order for the coming capitalist *** is the result of re-coordination,which came into being in the Enlightenment Movement and was born with some *** should return to the living *** there are some misunderstanding and misuse of aesthetic theories and aesthetics is even over-generalized,living in such a complicated age—on the one hand,the ancient picturesque and poem-like life is gone; on the other hand,the life based on the aesthetic standard is still far away—we still need a proper life goal—realizing the sufficient and comprehensive development of human beings.

关键词：生活世界美学理论启蒙运动资本主义审美标准敏感性推理社会

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Irrationality in Scientific Development？

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Journal of philosophy Study 2013年第5期3卷 367-376页

作者： Paul Hoyningen-Huene Ph.D. Full Professor Institute of Philosophy Leibniz Universitat Hannover Germany

The paper discusses several wide-spread misunderstandings of Kuhn＇s theory of scientific development, most prominently the ascription that he conceives of scientific development as irrational. The core of this ascription is an assessment of incommensurability as implying the lack of any rational possibility of theory comparison. This is supposed to be due to Gestalt switches and a quasi-religious element of conversion in theory change. Accordingly, scientific revolutions cannot be a serious matter for philosophical analysis; they furthermore foreclose any scientific progress. It is shown that such images of Kuhn＇s theory rest on deep misunderstandings that are partly due to Kuhn＇s writing style.

关键词： Kuhn irrationality incommensurability scientific revolutions theory choice conceptual change

Against the Simplification of Thought and Educational Ideas： Interview with Konrad Paul Liessmann

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Journal of philosophy Study 2013年第8期3卷 796-799页

作者： Nevad Kahteran Ph.D. Full Professor of Eastern and Comparative Philosophy Department of Philosophy University ofSarajevo Bosnia and tlerzegovina

Konrad Paul Liessmann （born 1953 in Villach, Institut ftir Philosophie, Universitat Wien）, a philosopher who has made a name for himself beyond the borders of the German-speaking world with his book Theorie der Unbi... 详细信息

关键词：教育思想 FTIR 教育理论哲学家研究所