The essay deals with the so-called“Toledoth Yeshu,”one of the most cryptic stories about Jesus Christ from Middle Ages.They referred to some stories of the Gospels of the New Testament and rearranged them again in o...The essay deals with the so-called“Toledoth Yeshu,”one of the most cryptic stories about Jesus Christ from Middle Ages.They referred to some stories of the Gospels of the New Testament and rearranged them again in order to set up a counter story.The thesis of the paper is that these counter stories did not aim at the New Testament as such,but at the Christological dogmatic that stripped Jesus of his Jewishness and turned him into a figure similar to pagan deities opposing and damaging Jewish tradition mainly by exercising magic.At the end,“Toledoth Yeshu”told a story claiming that Yeshu was sentenced to death only by Jewish authorities,because he practiced the blasphemous act of magic of God’s name,seduced his followers by doing so and,therefore,damaged the faith in the One God.That is why I consider“Toledoth Yeshu”a strong and self-conscious Jewish polemic not against the Jewish roots of Christianity,not even against the Jewish Christians that long have perished,but against Gentile or pagan Christianity and its successful attempt to turn Christ into a paganized divine being acting out magic instead of observing the Torah.展开更多
In China’s codification process,the notion of"basic laws"has emerged,along with the proposition that such laws should enjoy"priority of application."However,neither codes nor basic laws acquire co...In China’s codification process,the notion of"basic laws"has emerged,along with the proposition that such laws should enjoy"priority of application."However,neither codes nor basic laws acquire constitutional rank or a status superior to ordinary statutes merely by virtue of possessing foundational character in part.Normative supremacy is a distinctive quality enjoyed exclusively by the formal constitution,and therefore,using codes as a basis for constitutional review is untenable.Basic laws are not automatically"general laws,"and determining whether the applicable norm is general or special requires a detailed analysis based on legal methodology,particularly historical and teleological interpretation.Existing rules on the application of norms are sufficient to resolve normative conflicts;accordingly,introducing an additional rule that grants priority to basic laws is unnecessary and may generate further complications.The internal consistency of the legal system is itself a constitutional mandate.Issues of legal methodology are inherently constitutional issues.Constitutional norms concerning the right to equality,the right to liberty,and the division of powers provide important guidance for resolving conflicts within the legal system through hierarchy-consistent interpretation,especially interpretations consistent with the Constitution.In the era of codification,greater emphasis should be placed on the internal system-building of legal doctrine.The modern rule-of-law state is ultimately oriented toward unity under the guidance of the Constitution,and in the era of codification,doctrinal studies of individual branches of law should likewise be oriented toward an integrated legal dogmatics informed by constitutional values.展开更多
The practice of the international rule of law needs a theoretical guide, and the formulation of the theory of international law has to depend upon practice, which imposes new requirement upon the methodology of intern...The practice of the international rule of law needs a theoretical guide, and the formulation of the theory of international law has to depend upon practice, which imposes new requirement upon the methodology of international law. Traditional research into legal doctrine is unfavorable to the creative exertion of international jurisprudence, and the research methods of social sciences are playing an increasingly important role in the methodological innovation of international law. From the perspective of promotion of the international rule of law, the study of international law needs to deep research a State＇s motives, cause and innate logic in observing international aw, and law and economics can show its capability in this field. For the international rule of law, basic research needs to be carried about such social surroundings as where the rules are produced and applied and exerting influences. The research method of the sociology of law exactly hits the point. The application of empirical and experimental research methods offers a beforehand ＂rehearsal＂ chance for the process of the rule of law to grasp the pros and cons in the planning andpractice of the rule of law. The cooperation between the research methods of social science and the traditional research method of international law can reasonably interpret the phenomena of international relations and promote the international rule of law.展开更多
As a byproduct of solving the surprise-exam paradox, Saul Kripke formulates a ＂dogmatism paradox＂ which seems to show that knowledge entails dogmatism. In this paper, the author analyzes the nature of the dogmatism ...As a byproduct of solving the surprise-exam paradox, Saul Kripke formulates a ＂dogmatism paradox＂ which seems to show that knowledge entails dogmatism. In this paper, the author analyzes the nature of the dogmatism paradox from a logical dynamical perspective. The author suggests that the dogmatism paradox is better understood as a paradox of knowledge attribution rather than of knowledge. Therefore, the dogmatism paradox could be solved without sacrificing the principle of epistemic closure. Based on a famous version of relevant alternatives theory, the author formalizes a logic of knowledge attribution in the style of logical dynamics, namely, public retraction logic, and analyzes how knowledge attributions are retracted with the expansion of relevant altematives.展开更多
文摘The essay deals with the so-called“Toledoth Yeshu,”one of the most cryptic stories about Jesus Christ from Middle Ages.They referred to some stories of the Gospels of the New Testament and rearranged them again in order to set up a counter story.The thesis of the paper is that these counter stories did not aim at the New Testament as such,but at the Christological dogmatic that stripped Jesus of his Jewishness and turned him into a figure similar to pagan deities opposing and damaging Jewish tradition mainly by exercising magic.At the end,“Toledoth Yeshu”told a story claiming that Yeshu was sentenced to death only by Jewish authorities,because he practiced the blasphemous act of magic of God’s name,seduced his followers by doing so and,therefore,damaged the faith in the One God.That is why I consider“Toledoth Yeshu”a strong and self-conscious Jewish polemic not against the Jewish roots of Christianity,not even against the Jewish Christians that long have perished,but against Gentile or pagan Christianity and its successful attempt to turn Christ into a paganized divine being acting out magic instead of observing the Torah.
基金the Major Project"Research on the Institutional System for Ensuring the Comprehensive Implementation of the Constitution under the Background of the Modernization of National Governance"(No.23&ZD074)supported by the Chinese Fund for the Social Sciences.
文摘In China’s codification process,the notion of"basic laws"has emerged,along with the proposition that such laws should enjoy"priority of application."However,neither codes nor basic laws acquire constitutional rank or a status superior to ordinary statutes merely by virtue of possessing foundational character in part.Normative supremacy is a distinctive quality enjoyed exclusively by the formal constitution,and therefore,using codes as a basis for constitutional review is untenable.Basic laws are not automatically"general laws,"and determining whether the applicable norm is general or special requires a detailed analysis based on legal methodology,particularly historical and teleological interpretation.Existing rules on the application of norms are sufficient to resolve normative conflicts;accordingly,introducing an additional rule that grants priority to basic laws is unnecessary and may generate further complications.The internal consistency of the legal system is itself a constitutional mandate.Issues of legal methodology are inherently constitutional issues.Constitutional norms concerning the right to equality,the right to liberty,and the division of powers provide important guidance for resolving conflicts within the legal system through hierarchy-consistent interpretation,especially interpretations consistent with the Constitution.In the era of codification,greater emphasis should be placed on the internal system-building of legal doctrine.The modern rule-of-law state is ultimately oriented toward unity under the guidance of the Constitution,and in the era of codification,doctrinal studies of individual branches of law should likewise be oriented toward an integrated legal dogmatics informed by constitutional values.
基金The author wishes to express his thanks to Professors Zou Keyuan, Liang Zhiping, Zhang Kening, Yang Guohua, Liu Zhiyun, Cai Congyan and He Zhipeng for their valuable advice. This is an achievement of the project supported by National Social Science Foundation （15BFX186） a research product of the ＂2011 Plan＂ of China--Collaborative Innovation Center of Judicial Civilization and a fruit of the MOE Project of Key Research Institute of Humanities and Social Sciences at Universities （16JJD820008）.
文摘The practice of the international rule of law needs a theoretical guide, and the formulation of the theory of international law has to depend upon practice, which imposes new requirement upon the methodology of international law. Traditional research into legal doctrine is unfavorable to the creative exertion of international jurisprudence, and the research methods of social sciences are playing an increasingly important role in the methodological innovation of international law. From the perspective of promotion of the international rule of law, the study of international law needs to deep research a State＇s motives, cause and innate logic in observing international aw, and law and economics can show its capability in this field. For the international rule of law, basic research needs to be carried about such social surroundings as where the rules are produced and applied and exerting influences. The research method of the sociology of law exactly hits the point. The application of empirical and experimental research methods offers a beforehand ＂rehearsal＂ chance for the process of the rule of law to grasp the pros and cons in the planning andpractice of the rule of law. The cooperation between the research methods of social science and the traditional research method of international law can reasonably interpret the phenomena of international relations and promote the international rule of law.
文摘As a byproduct of solving the surprise-exam paradox, Saul Kripke formulates a ＂dogmatism paradox＂ which seems to show that knowledge entails dogmatism. In this paper, the author analyzes the nature of the dogmatism paradox from a logical dynamical perspective. The author suggests that the dogmatism paradox is better understood as a paradox of knowledge attribution rather than of knowledge. Therefore, the dogmatism paradox could be solved without sacrificing the principle of epistemic closure. Based on a famous version of relevant alternatives theory, the author formalizes a logic of knowledge attribution in the style of logical dynamics, namely, public retraction logic, and analyzes how knowledge attributions are retracted with the expansion of relevant altematives.
