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弼谷
5 years ago
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1 B * B * 2007JJD

2 B

3 B Roscoe Pound

4 Hans Kelsen Weber 1978 system of rules primary rules secondary rules rules of conduct rules of change rule of recognition Hart self-referential self-producing Luhmann Eugen Ehrlich law in action 86

5 B Pound Nelken Lawrence M. Friedman Cardozo

6 B B 1 2 B B

7 B MLY GX SDXL HD 5 1 B B

8 B 2 1 HD CY XW FT CY % CY 2 B CP B 6 B CP HD B 90

9 B 2 B CP % CP

10 YSW 92

11 B

12 B % 11. 6% 2007 B

13 B B % GX GX B HD GX C B HD GX GX C C B B HD HD GX

14 HD C C B C C PL W 2. B

15 B Macaulay et al Rudolph von Jhering 2007 /

16 vs vs MLY MLY B B MLY B B B HD MLY MLY 98

17 B B MLY MLY B L MLY HM 2 B

18 L 17 2 / 20%

19 B B B

20 B B 30 B NGO B B B 2010 B 102

21 B B 2008 B 2009 B B 103

22 SDXL SDXL SDXL 27 SDXL 30 20% SDXL B

23 B 3 SDXL B 105

24 B B Marshall & Bottomore PLLDY 106

25 B L WQLY 107

27 B 2006 B M N B B 109

28 / B Cardozo B. N The Nature of the Judicial Process. New Haven Yale University Press. Hart H. L. A The Concept of Law. Oxford Clarendon Press. Macaulay S. L. M. Friedman & E. Mertz 2007 Law in Action A Socio - Legal Reader. Foundation Press. Marshall T. H. & T. Bottomore 1992 Citizenship and Social Class. London Pluto Press. Nelken D Law in Action or Living law Back to the Beginning in Sociology of Law. Legal Studies 4. Luhmann N A Sociological Theory of Law. London Routledge & Kegan Paul. Pound R Law in Book and Law in Action. The American Law Review 44. Weber M Economy and Society G. Roth & C. Wittich eds.. Berkeley University of California Press. 110

29 Abstract The review on the social network of homogeneity published by M. McPherson et al. has raised deep academic thinking leading to criticism given by T. Mouw who proposed that social networks have the characteristics of homogeneity and endogeneity and social networks may be un-significant in job search. This study reexamined the homogeneity and endogeneity of social networks. The article explains from the source of homogeneity although the preferences of actors are to build a large number of heterogeneous relationship the cost to maintain it is higher and it is hard to respond to the interaction request which leads to the short term life cycle of the heterogeneous relationship therefore long-term cumulative effect leads to the researchers observation that most actors have more homogeneous networks than heterogeneous ones. The author found when the social network has positive functions social network user are the actors with good relations which is Endogenous Type I mentioned by T. Mouw but when the network shows a negative function the capable actors tend not to use the network which is a special Endogenous Type II this research found. Therefore endogeneity proposed by T. Mouw does not have universal application. Stimulation and Extension Relationship between law and society of Homeowners Rights Protection Movement in B city Liu Zixi 83 Abstract This article describes and analyzes homeowners rights protection movement in B city and tries to answer two questions why trajectories of the movement are diversified and how they reflects relationship between law and society. The author argues that in the social transformation of China due to the lack of appropriate social space the law simultaneously plays as rights weapons and rights bottleneck. The tension in such dual properties expands the rights protection movement into social action along three dimensions i. e. organization system and status. Social action in expansion reconstructs the relationship between law and society involved in the movement and accelerates the growth of civil society. Qi and Social Action with Rural Chinese Characteristics A study based on proverbs and traditional operas Ying Xing 111 Abstract Qi is a special notion about social action with rural Chinese characteristics. This article analyses the notion in rural China where the connotation of qi is expressed through proverbs and traditional operas. The author argues that qi is both a motive force of guarding the dignity and molding the personality and some kind of passion that fuses instinct and reason morality and interest. The connotation of qi forms a continuum of passion from a sort of restrained passion to an erupting passion and to the code of brotherhood. In the Chinese traditional culture the principal aspect of its connotation is controlling qi with tolerance the second is 244

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3 : 121,, [1 ] (Stage Theory),,,,,,, 1 :, ;,,,,, 1 :11, 6,116 ; , 2003 ; 31 = Π ; 2, 1996 ;1996,,2000, Walt Rostow (1960, 1971), A. F. K. Organ 44 3 2007 5 ( ) Journal of Peking University( Philo sophy and Social Science s) Vol. 44, No. 3 May. 2007 1 2, (11, 100871 ; 21, ) :,,, :11,, ;21, ;31,, ; : ; ; ; :F121 :A :100025919 (2007) 0320120212,,,,,,,,,,,,,,