Wednesday, February 29, 2012

关于哲学(philosophy)的一点思考

人类建立概念的方式有两种:第一种赋予一个概念一种全知的属性,虽然有时候它也承认所知的局限性,但是认为最终会得到人类完全的认知;第二种方式则是只说所知道的,所有的概念都基于经验之上。前者容易激发人性中的狂妄,而且当他忘记了概念的局限性的时候,对未知的东西进行逻辑化则必定显得荒谬;后者则稍有欠缺。个人的经验,个体生活于其中的群体的经验,其它群体的经验;千年前的人类经验,千年后的人类经验;···所有这些,如何才能建立起某种共同的经验基础?

当人类运用理性用逻辑的语言构建某一类经验的理论,这个理论应该包含两个方面:第一,关于这一理论本身的问题;第二,关于这个理论如何与它的环境兼容的问题。前者称之为某某理论,后者称之为某某理论的哲学。比如语言学和语言哲学;比如法学和法律哲学;比如政治学和政治哲学;比如宗教和宗教哲学;等等。还有一种叫“哲学的哲学”(Meta-philosophy),不过我认为人类在这个领域的企图和努力将是徒劳的,因为它隐含了这样一个前提:人类已经对这个世界获得了完全的认知,并且已经建立了相应的理论。但是这是不可能的。

Tuesday, February 28, 2012

Federal Reserve System

弗里德曼在《货币的麻烦》中有一句话:货币交给中央银行是一件非常严肃的事情。(Money is much too serious a matter to be left to central bankers. )这里有两层意思:第一,应该交给中央银行;第二,应该十分谨慎的授权。下面是英文维基对“联邦储备银行”的解释页面:FRB

Thursday, February 9, 2012

Encyclopaedia of Law

Halsbury's Laws of England is a uniquely comprehensive and authoritative encyclopaedia of law, and provides the only complete narrative statement of law in England and Wales.[1] It has an alphabetised title scheme covering all areas of law, drawing on authorities including Acts of the United Kingdom, Measures of the Welsh Assembly, UK case law and European law. It is written by or in consultation with experts in the relevant field.[1]
Halsbury's Laws has an annual and monthly updating service. The encyclopaedia and updates are available in both hard copy[2] and online.[3]
[more: http://en.wikipedia.org/wiki/Halsbury%27s_Laws_of_England
       http://www.lexisnexis.co.uk/HalsburysLaw/halsburys_laws_about.html]

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Corpus Juris Secundum (C.J.S.) is an encyclopedia of U.S. law (see Secondary authority). Its full title is Corpus Juris Secundum: Complete Restatement Of The Entire American Law As Developed By All Reported Cases (1936- ) It contains an alphabetical arrangement of legal topics as developed by U.S. federal and state cases.
[more: http://en.wikipedia.org/wiki/Corpus_Juris_Secundum]

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In American jurisprudence, the Restatements of the Law are a set of treatises on legal subjects that seek to inform judges and lawyers about general principles of common law. There have been three series of Restatements to date, all published by the American Law Institute, an organization of legal academics and practitioners founded in 1923.
[more: http://en.wikipedia.org/wiki/Restatements_of_the_Law
       http://en.wikipedia.org/wiki/American_Law_Institute]

Thursday, February 2, 2012

Notes of Debates in the Federal Convention of 1787

Notes of Debates in the Federal Convention of 1787 was James Madison's record of the daily debates held by delegates at the Philadelphia Convention, which resulted in the drafting of the current United States Constitution. Madison's journal describing what delegates said remains valuable to historians, as it is one of historians' few sources of information on the proceedings in Independence Hall during the summer of 1787 (which despite the summer heat, had its windows shut so that those outside could not hear what was being said; delegates were forbidden to leak the proceedings to the public).
Madison, a delegate from Virginia and future President of the United States, who due to his role in creating the Virginia Plan became known as the "Father of the Constitution", purposely sat up front, stating in the preface to his notes that "in pursuance of the task I had assumed I chose a seat in front of the presiding member, with the other members on my right & left hands. In this favorable position for hearing all that passed, I noted in terms legible & in abbreviations & marks intelligible to myself what was read from the Chair or spoken by the members; and losing not a moment unnecessarily between the adjournment & reassembling of the Convention I was enabled to write out my daily notes..."
Madison also avoided any long absences from the meetings, so as not to miss what was said: "It happened, also that I was not absent a single day, nor more than a cassual fraction of an hour in any day, so that I could not have lost a single speech, unless a very short one."
[http://en.wikipedia.org/wiki/Notes_of_Debates_in_the_Federal_Convention_of_1787]
Text at Yale University

Wednesday, February 1, 2012

James Madison

James Madison, Jr. (March 16, 1751 (O.S. March 5) – June 28, 1836) was an American statesman and political theorist. He is hailed as the “Father of the Constitution” for being instrumental in the drafting of the United States Constitution and as the key champion and author of the United States Bill of Rights.[1] He was the fourth President of the United States (1809–1817). Like other Virginia statesmen, he inherited tobacco land and owned slaves to work it; he served as a career politician all his adult life.
After the constitution had been drafted, Madison became one of the leaders in the movement to ratify it. His collaboration with Alexander Hamilton and John Jay produced the Federalist Papers (1788). Circulated only in New York at the time, they would later be considered among the most famous polemics in support of the Constitution. He was also a delegate to the Virginia constitutional ratifying convention, and was instrumental to the successful ratification effort in Virginia. Like most of his contemporaries, Madison changed his political views during his life. During the drafting and ratification of the constitution, he favored a strong national government, though later he grew to favor stronger state governments, before settling between the two extremes late in his life.
In 1789, Madison became a leader in the new House of Representatives, drafting many basic laws. He is notable for drafting the first ten amendments to the Constitution, and thus is known as the "Father of the Bill of Rights".[2] Madison worked closely with President George Washington to organize the new federal government. Breaking with Hamilton and what became the Federalist party in 1791, Madison and Thomas Jefferson organized what they called the Republican Party (later called by historians the Democratic-Republican Party)[3] in opposition to key policies of the Federalists, especially the national bank and the Jay Treaty. He co-authored, along with Thomas Jefferson, the Kentucky and Virginia Resolutions in 1798 to protest the Alien and Sedition Acts.
As Jefferson’s Secretary of State (1801–1809), Madison supervised the Louisiana Purchase, doubling the nation’s size. After his election to the presidency, he presided over renewed prosperity for several years. As president (1809–17), after the failure of diplomatic protests and an embargo, he led the nation into the War of 1812. The war was in response to British encroachments on American honor and rights as well as to facilitate American settlement in the Midwest which was blocked by Indian allies of the British. The war was an administrative nightmare as the United States had neither a strong army nor financial system; as a result, Madison afterward supported a stronger national government and a strong military, as well as the national bank, which he had long opposed.

[more: http://en.wikipedia.org/wiki/James_Madison]

Federalist Papers

The Federalist Papers are a series of 85 articles or essays promoting the ratification of the United States Constitution written by James Madison, Alexander Hamilton, and John Jay. Seventy-seven of the essays were published serially in The Independent Journal and The New York Packet between October 1787 and August 1788. A compilation of these and eight others, called The Federalist; or, The New Constitution, was published in two volumes in 1788 by J. and A. McLean....
At the time of publication, the authorship of the articles was a closely guarded secret, though astute observers guessed that Alexander Hamilton, James Madison, and John Jay were the likely authors. Following Hamilton's death in 1804, a list that he drew up became public; it claimed fully two-thirds of the essays for Hamilton, including some that seemed more likely the work of Madison (Nos. 49-58, 62, and 63). The scholarly detective work of Douglass Adair in 1944 postulated the following assignments of authorship, corroborated in 1964 by a computer analysis of the text:
  • Alexander Hamilton (51 articles: nos. 1, 6–9, 11–13, 15–17, 21–36, 59–61, and 65–85)
  • James Madison (26 articles: nos. 10, 14, 37–58 and 62–63)
  • John Jay (5 articles: 2–5 and 64).
  • Nos. 18–20 were the result of a collaboration between Madison and Hamilton.

[more: http://en.wikipedia.org/wiki/Federalist_papers]