试论言论自由与媒体权利

公民的言论自由权与媒体的媒体权利之间有着很密切的关系,但我国关于媒体运行的法规和规章较为繁杂和模糊,至今还没有一部法律层面的传媒法。自由表达权通过《宪法》得以确立,然而具体的传播权却没有相应的法律进行过明确规定,媒体权利来源于公民的言论自由权,因此如要构建一部法律意义上的传媒法,就不得不提公民的言论自由权,传媒权利是公民言论自由权的延伸,言论自由权对于在法律上明确媒体的一系列传播权利有着重要的意义。     

British adolescents' and young adults' understanding and reasoning about the religious and nonreligious rights of asylum-seeker youth

This study examined British young people's understanding of the rights of asylum-seeking young people. Two hundred sixty participants (11-24 years) were read vignettes involving asylum-seeking young people's religious and nonreligious self-determination and nurturance rights. Religious rights were more likely to be endorsed than nonreligious rights. In general, younger participants were more likely than older participants to endorse the rights of asylum-seeking young people. Supporting a social cognitive domain approach, patterns of reasoning varied with the type of right and whether scenarios involved religious or nonreligious issues. Few developmental differences were found regarding participants' reasoning about asylum-seeking young people's religious or nonreligious rights. The findings are discussed with reference to available theory and research on young people's conceptions of rights.     

The effects of group stereotypes on adolescents' reasoning about peer retribution

This study examined the effects of negative group stereotypes on adolescents' reasoning about peer retribution. The sample of adolescents was drawn from central and northern Israel and consisted of 2,604 Arab and Jewish students (ages 13-17; grades 7-11). A quasi-experimental, between-subject design was used, in which the students in each grade were assigned randomly to 1 of 4 peer retribution scenarios. The findings provide evidence that Arab and Jewish students have stereotypes about one another and that in-group bias affected their approval and reasoning about peer retribution only in specific situations. This inquiry provides evidence that it was the number of justifications endorsed within a specific domain that distinguished Arab and Jewish respondents. Theoretical and practical implications are discussed.     

Urban and rural Chinese adolescents' judgments and reasoning about personal and group jurisdiction

This research applied social domain theory to illuminate reasoning about the perceived legitimacy and limits of group decision making (majority rule) among adolescents from urban and rural China (N = 160). Study 1 revealed that adolescents from both urban and rural China judged group decision making as acceptable for both social conventional and prudential issues, but not for personal issues or those that entailed possible harmful coercion of others. Study 2 revealed that personal jurisdiction develops later for rural than urban adolescents for certain issues (democratic rights to political participation and choice of friends). Results indicate that reasoning about group and personal jurisdiction in a non-Western society (China) is influenced by social domain, age, and environmental setting (modern vs. traditional).     

Chinese adolescents' reasoning about democratic and authority-based decision making in peer,family, and school contexts

This study explored the judgments and reasoning of Chinese adolescents (13-18 years of age) from 3 regions of mainland China (N = 574) regarding procedures for making decisions involving children in peer, family, and school contexts. Participants evaluated 2 democratic decision-making procedures (majority rule and consensus) and decision making by adult authorities for 2 decisions embedded in each social context. Judgments and reasoning about decision-making procedures varied by social context and by the decision under consideration, and evaluations of procedures became more differentiated with increasing age. The findings reveal that concepts of rights, individual autonomy, and democratic norms (majority rule) are salient aspects of Chinese adolescents' social reasoning and are used to evaluate critically existing social practices.     

Silencing and freedom of speech in UK higher education

Freedom of speech in universities is currently an issue of widespread concern and debate. Recent empirical findings in the UK shed some light on whether speech is unduly restricted in the university, but it suffers from two limitations. First, the results appear contradictory. Some studies show that the issue of free speech is overblown by media reportage, whilst others track serious concerns about free speech arising from certain university policies. Second, the findings exclude important issues concerning restrictions to speech on campus that fall outside the traditional debate around violations to free speech rights. This is particularly the case when certain voices are excluded from important policy conversations, and in issues around diversifying the curriculum. This article overcomes these two limitations by developing a novel conceptual framework within which to situate current debates concerning speech-related matters in universities. It does so by developing a taxonomy around the concept of ‘silencing’. It then considers the current issue of speech matters in universities within this framework to determine whether, and to what extent, speech is indeed unduly restricted, and where this is a concern for free speech violations, and where it falls outside this issue.     

Practices of citizenship rights among minority students at Chinese universities

This paper explores how Chinese minority students participate and defend citizenship rights on a university campus against the backdrop of ongoing social changes. Three rights are focused on: freedom of religion, freedom of association, and freedom to use an ethnic language. The data were collected at three universities. Research methods involved policy analysis, interviews with staff members and students, and observations on campus. Adopting Sewell’s theory of structure, the study regards state creations of citizenship rights as a resource, and uses a micro‐sociological approach to dismantle the interactions of different social actors (state‐party, university and minority students) in campus settings. The findings show that rights are embodied polysemic meanings, and their meanings are interpreted and negotiated in a bargaining process.     

Promoting a Just Education: Dilemmas of rights,freedom and justice

This paper identifies and addresses some dilemmas to be faced in promoting educational projects concerned with human rights. Part of the difficulty that human rights education initiatives must cope with is the way in which value has been historically conferred upon particular notions such as freedom and justice. I argue here that a just education must grapple head‐on with the conceptual dilemmas that have been inherited and refuse to shy away from the implications of those dilemmas. To do this I address the fundamental fictions upon which rights are based and view those fictions as nonetheless useful for opening up the ethical terms of human rights education. With reference to the work of Arendt, Lyotard and Levinas, I conclude that the real potential of human rights education lies in its capacity to provoke insights that help youth live with ambiguity and dilemma, where freedom, justice, and responsibility cannot be dictated to them, but rather involve tough decisions that must be made in everyday life.     

A place for informal learning in teaching about religion: The story of an experienced non-Muslim teacher and her learning about Islam

Teacher learning about religion has remained an under-researched topic in spite of the professional accountability placed on teachers to teach about religion in a constitutionally permissible and pedagogically sound way. Using data collected from interviews, the purpose of this study is to describe and examine how and what an experienced Non-Muslim teacher of the world’s religions learned about Islam in today’s climate of accountability and negative imagery of Islam. The findings of this study suggest that informal learning through independent reading and interaction with a local Muslim community can be a means to enculturate teachers of world religions into ways of learning about Islam.     

Children's hypothetical reasoning about complex and dynamic systems

Children's hypothetical reasoning about a complex and dynamic causal system was investigated. Predominantly White, middle-class 5- to 7-year-old children from the Greater Toronto Area learned about novel food chains and were asked to consider the effects of removing one species on the others. In Study 1 (N = 72; 36 females, 36 males; 2018), 7-year-olds answered questions about both direct and indirect effects with a high degree of accuracy, whereas 5-year-olds performed at chance. Six-year-olds showed intermediate performance. Using food chains with clearer constraints, Study 2 (N = 72; 35 females, 37 males; 2020–2021) replicated these findings. These results indicate that the ability to think about hypothetical changes to dynamic causal systems develops between 5 and 7 years. Implications for science education are discussed.     

Adolescents' and parents' reasoning about actual family conflict

This study employed a distinct domain perspective on social-cognitive development to assess reasoning about issues of family conflict. Subjects were 102 fifth through twelfth graders from 2-parent families and their parents. Individually interviewed family members described actual family conflicts and, for each, justified their position on the dispute and reasoned about them from the other's perspective. Parents generated fewer conflicts than did children. Preadolescent to late adolescent families generally agreed that conflicts occurred over the mundane, everyday details of family life, but they did not agree on their interpretation. Adolescents understood but rejected their parents' conventional interpretations of conflicts, reasoning instead in terms of personal choice. Boys' understanding of their parents' conventional perspectives increased significantly with age, whereas girls' understanding was significantly lower in early adolescence, as compared to pre- or late adolescence. The results are discussed in terms of adolescent individuation and parent-child conflict during adolescence.     

和谐自由论美学的创造性建构

我国当代著名的美学家与文艺学家周来详,运用辩证思维的方法,在批判继承前哲和时贤的基础上,发展了当代实践美学思想,创造性地提出了他的和谐自由论美学思想,建构起独具特色的和谐自由论美学思想体系。这一体系的建立,是他综采众长、融会贯通的结果。     

现状与突围:农民结社自由权的立法保护

结社权是宪法赋予公民的基本权利,对于农民来讲,结社自由权不仅是实现农民第二次参与政治的一种途径,而且还是农民共同致富的有效手段。但是,有关结社法律规范的滞后性导致了现实中大量的农民社团处于非法的困境中。当前,应当结合第三部门理论对农民社团进行立法保护。     

美国大学教师的学术自由权利:历史的视角

美国大学教师的学术自由权利经历了"学院时代"与"大学时代"两大历史时期的发展。美国大学教师学术自由权利的争取过程,同时也是赋予学术自由权利以认识论和政治论意义的过程。历史证明,学术自由权利是保障大学教师从事知识创新与探索活动的基本权利,是保护教学与研究工作免受各种不合理干扰和限制的必要权利,是赋予大学教师适当社会地位和必要经济保障的重要权利,也是一项与学术责任相伴生的有限权利。     

Subjectivity as subjective-science: campus freedom of speech as an intensive single-case study

ABSTRACT

Q methodology [Q] is a mixed method created to scientifically study subjectivity. This study uses a single-case design that offers intense analysis regarding a previous study about freedom of speech on university campuses in the US. The study provides insights regarding privilege, social justice, naivete, and speech crisis viewpoints among a variety of campus stakeholders, especially from a troubled, midsized public university in the US. Factor arrays from the earlier study (also called theoretical sorts) were combined with sorts from an individual who sorted under multiple conditions of instruction. This single-case sorter was selected from the most contentious viewpoint from the earlier study called ‘Speech Crisis’ view. This viewpoint consisted of stakeholders from the troubled public university. The operant factors that emerge from the analyses of these Q-sorts represent generalizations of feeling. This study further exemplifies that perception of a situation, including the stakeholder’s power position, can impact their subjective viewpoint creating perspectives of privilege as well as perspectives of crisis. Moreover, this expansion of an earlier study further illustrates how using a single-case Q study can enhance insight concerning an important topic while challenging the often perceived quantitative-qualitative duality.     

Girls' and boys' reasoning on cultural and religious practices: a human rights education perspective

Human rights play a vital role in citizens' political, religious and cultural life (Wang 2002, 171). Due to the prominence of human rights in the everyday life of citizens, including those of South Africa, human rights education has been included in many school curricula. Human rights education aims to develop responsible citizens who inter alia foster an understanding of gender, ethnical, religious and cultural diversities. This, it is hoped will encourage and maintain peace, as outlined in the 1948 Universal Declaration of Human Rights. Departing from a human rights position, a qualitative study commenced in 2009 to explore how girls and boys reason about the cultural and religious practices of girls in their communities and families. Narratives by girls and boys highlighted their views on girls' positioning in their specific communities. From the findings it became evident that the participants were aware of conforming to particular cultural and religious practices. However, some participants also challenged how they perceived these practices and the roles of girls in their communities. The article highlights the necessity of embarking on a gendered perspective towards human rights education.