华东政法大学
Ⅶ. Human rights are often presented as the outcome of a long and noble maturation process of intellectual ideas such as freedom, equality or human dignity — basically as the ultimate crystallization of Enlightenment ideas. The contemporary importance of human rights is then viewed as the final result of the forward march of history, reason or civilization, advancing the inherent rights and dignity of every person. In this vein, a large body of literature has focused on the precursors of human rights, claiming that the idea of universal human dignity and individual rights ultimately derives from, for instance, Catholic Christianity, Protestantism or the French enlightenment. These are the kind of narratives and histories that have been deeply criticized by Nietzsche (尼采) (or later Foucault (福柯)) because they misconstrue the past as a teleology leading to, and justifying, the current state of affairs. Instead Nietzsche proposed a genealogical methodology, which gives credit to the contingent, unpredictable, hidden and often dark currents of history. From this perspective, the job of the historian, sociologist or philosopher is not to reconstruct the linear path from which human rights have victoriously emerged but to investigate the haphazard make-up of human rights, looking into the contingent conditions and unforeseen circumstances out of which values grow.In The Sacredness of the Person Hans Joas (汉斯•约阿斯) seeks to connect Nietzsche’s awareness of historical contingency with respect to the genesis of values with the more sociological question of why human rights and universal human dignity serve now as a new global culture and morality. Basically, how can we best describe and explain the deep moral commitment and almost universal appeal of human rights, functioning today as a de facto global civil religion with its own transnational symbols such as the Universal Declaration of Human Rights or shared rituals such as UN’s Universal Periodic Review? However, in contrast to a Nietzsche an reading, Joas does not as such want to criticize or deconstruct the idea of universal human rights. He, thus, devises both a research object and approach that is not critical by conventional sociological measure but more geared towards an interpretive approach. More precisely, while acknowledging that human rights are a genuine historical innovation, he also wants to preserve — and explain — the now self-evident moral character that human rights have for those who feel bound by them.1.From the first paragraph, one can know that Nietzsche or Foucault ___.2.Nietzsche or later Foucault criticized the large number of literature because ___.3.According to the second paragraph, Hans Joas tries to ___.4.The difference between Nietzsche and Joas is that ___.
Ⅵ. International environmental law seems to have reached an impasse. This is hardly surprising: the complexity of environmental problems, even when considered apart from underlying social, political, and economic factors, is staggering. Scientific understandings of environmental degradation and its causes evolve rapidly. The underlying causes of such degradation are very often activities that bring significant social and economic benefits, with the result that political authorities have no wish to prohibit or strictly regulate them; incentive structures may often constitute a more promising avenue. The complexity of questions about human impacts on the environment and how to decrease or mitigate them calls for a high degree of specialization, while at the same time requiring coordinated action on a number of fronts. In light of these challenges, international environmental law has followed a trajectory that seems inevitable: from general rules whose vagueness often impeded their usefulness to highly specialized, technical regimes focused on narrowly-defined phenomena and interacting with each other in a rather hesitant and clumsy fashion, and more recently to the acceleration of transnational, including non-state, regime building. It becomes increasingly difficult to discern the particular contribution that law can make to environmental protection as it takes on the role of handmaiden to science, economics, politics, ethics, and other social systems.In his discussions of the managerial mindset and the demoralization of law, Koskenniemi frequently makes reference to environmental law, notably to the carving out of implementation and compliance procedures from the general law of state responsibility, to the increased resort to soft law, and to the heavy reliance on equitable balancing. A brief sketch of the architecture of international environmental law reveals vague, general principles at one end; highly detailed and technical rules and standards articulated at the level of specialized regimes at the other end; and a series of potentially useful but underspecified — and, unfortunately, largely uninfluential — procedural rules between the two. Furthermore, a large number of general principles and regime-specific standards take the form of soft law. Attempts to flesh out a series of general rights and obligations for states (and potentially for other actors, as well) have been ongoing, but those efforts seem to have faltered with the publication by the International Law Commission (ILC) of the 2001 Draft Articles on Prevention of Transboundary Harm from Hazardous Activities and the 2006 Draft Principles on the Allocation of Loss in the case of Transboundary Harm arising out of Hazardous Activities.1.International environmental law seems to have reached an impasse NOT because ___.2.International environmental law has followed a path from ___ to ___.3.Koskenniemi uses environmental law to illustrate ___.4.Between the two ends of international environmental law are ___.
V. During the first half 2015, both the DuPont incumbents and Trian challengers became able masters of social media, press releases, and lobbyingtactics to curry favor among voting shareholders of all stripes. Trian wasable to win the public endorsement of significant proxy advisory firms (such as Glass-Lewis and ISS), while DuPont secured support of significant institutional investors (such as CALPERS). When the dust finally settled, the incumbents had eked out victories on all four challenged seats. But the margin was uncomfortably small, with the split largely separating self-identified “long term” investors (including index funds such as Vanguard, Black Rockand State Street) from “short term” investors (which included both activist hedge funds and a sizable portion of retail investors — estimated to control around thirty percent of the shares).The governance kerfuffle at DuPont, and the rhetorical fisticuffs it precipitated, helps motivate this paper: Indeed, while DuPont is a compelling case study in its own right, it is also emblematic of a growing recent trend of shareholder activism — one that has attracted an increasingly perfervid debate within the corporate law and finance community around contemporary activism’s merits. There is little doubt that activism has become a force to be reckoned with among U.S. issuers. The last fifteen years bear witness to a discernible escalation of proxy fights similar to DuPont’s. Moreover, even as the number of proxy challengers has escalated, they have enjoyed greater success: dissidents now gain some measure of victory (through settlement or outright victory) in over two-thirds of the challenges they launch.The burgeoning success of proxy fights is arguably reflected in the contemporaneous growth of activist hedge funds, which have ballooned from under $100million in assets under management in 2000 to over $140 billion today. While the activism trend is remarkable, the cacophonous debate surrounding it really steals the show. The competing positions are by now well-trodden terrain. Activists, it is alleged, privilege short term earnings over more durable (but less liquid) investments in long term value, leading to business decisions that not only forsake long term value for immediate gain, but do so in a manner that sacrifices net present value. And indeed, several studies of hedge-fund engagements find that hedge fund activism significantly curbs long-term investments in research and development, durable assets, and workforce capital.1.The first sentence of the paragraphs is closest in meaning with the following statement.2.From the first paragraph, one can know the following but ___.3.The second paragraph tells us that ___.4.In the last paragraph, the author says that “activists privilege short term earnings over more durable investments in long term value”. The underlined word “privilege” is closest in meaning with ___.
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