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From Law’s Discourse on Refugees to Refugees’ Discourse on Law 从法律对难民的话语到难民对法律的话语
Q4 Arts and Humanities Pub Date : 2021-01-01 DOI: 10.33134/rds.346
M. Kmak
The aim of this article is to shift the focus from legal discourses on refugees rooted in victimization/securitization narrative, which dominate in the EU, to an alternative perspective on the relationship between refugeeness and law. Instead of the state-centred law’s discourse and its impact on the development of refugee subjectivities, the article turns to explore a refugees’ perspectives on law. After briefly discussing the dominant narratives as embedded in legal changes initiated during and after the so-called ‘migration and refugee crisis’ in the EU, the article turns to analysis of alternative narratives on migrants and refugees, in particular the narrative of generativity taking it beyond the constraints of methodological nationalism and Eurocentrism. In particular, the article discusses the impact of exile experience on conceptualization of the figure of the refugee by looking at work of scholars exiled from Nazi Germany in the 1930s: Hannah Arendt, Louise Holborn and Otto Kirchheimer. The analysis shows the importance of shifting perspectives – from the primacy of statehood and law to the primacy of the figure of the refugee – to gain more insight into the situatedness of law and its development in the context of asylum and mobility.
本文的目的是将焦点从植根于受害/证券化叙事的难民法律话语(在欧盟占主导地位)转移到难民与法律之间关系的另一种视角。本文不再讨论以国家为中心的法律话语及其对难民主体性发展的影响,而是探讨难民对法律的看法。在简要讨论了在欧盟所谓的“移民和难民危机”期间和之后发起的法律变革中嵌入的主导叙事之后,本文转向分析关于移民和难民的替代叙事,特别是超越方法论民族主义和欧洲中心主义约束的生成叙事。特别是,本文通过考察20世纪30年代从纳粹德国流亡的学者汉娜·阿伦特、路易丝·霍尔本和奥托·基希海默的作品,讨论了流亡经历对难民形象概念化的影响。分析显示了转变观点的重要性——从国家地位和法律的首要地位到难民形象的首要地位——以便更深入地了解法律的处境及其在庇护和流动背景下的发展。
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引用次数: 0
Book Review: Vulnerable Futures, Transformative Pasts: On Vulnerability, Temporality, and Ethics by Miri Rozmarin, Peter Lang, 2017, 194 pages. ISBN 978-1-78707-392-0 (ePub) (also available in print, ePDF and mobi) 书评:脆弱的未来,变革的过去:关于脆弱性,时间性和伦理,米里·罗兹马林,彼得·朗著,2017年,194页。ISBN 978-1-78707-392-0 (ePub)(也可打印,ePDF和mobi)
Q4 Arts and Humanities Pub Date : 2020-12-15 DOI: 10.33134/rds.336
E. Geerts
Published in 2017 and originally planned in as a 2020 summer break read, feminist philosopher Miri Rozmarin’s second book, Vulnerable Futures, Transformative Pasts: On Vulnerability, Temporality, and Ethics, turned into an even more timely, provocative reading experience than initially expected because of the global eruption of the now so familiar-feeling COVID-19 crisis. [...]vulnerability is contradicted to the basic conditions for a person’s agency, and thus associated with the lessening of personhood. [...]an approach does not instantaneously label vulnerability as the negative mirror image of agency (and vice versa), but, based upon Levinasian theory, regards the phenomenon as a ‘sensitivity’ (50) that is typical for human intersubjective relations. Butler’s approach has mostly been spotlighted in Precarious Life ([2004] 2006)her post-9/11 book that articulates an ethics of non-violenceand later works (see e.g. Butler 2009;2016) in which the distinction between ontological precariousness and precarity, or the specific socio-economic and political conditions that have rendered certain subjects more vulnerable to injustice, poverty, and the like is made more intelligible.
女权主义哲学家米里·罗兹曼林(Miri Rozmarin)的第二本书《脆弱的未来,变革的牧场:论脆弱性、暂时性和伦理》(Vulnerable Futures,Transformative Pasts:On Vulnerability,Temporality,and Ethics。[…]脆弱性与一个人的能动性的基本条件相矛盾,因此与人格的削弱有关。[…]一种方法并没有立即将脆弱性标记为代理的负面镜像(反之亦然),而是基于莱文森理论,将这种现象视为人类主体间关系的典型“敏感性”(50)。巴特勒的方法在《不稳定的生活》([2004]2006)一书中得到了广泛关注,该书阐述了非暴力伦理以及后来的作品(例如,见Butler 2009;2016),其中本体论的不稳定和不稳定之间的区别,或使某些主体更容易受到不公正、贫困、,并且类似的内容变得更容易理解。
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引用次数: 2
(Im)possible Breathing: On Courage and Criticality in the Ghostly Historical Present 《可能的呼吸:论幽灵般的历史当下中的勇气与临界
Q4 Arts and Humanities Pub Date : 2020-12-15 DOI: 10.33134/rds.337
A. Athanasiou
Written in the midst of a courageous collective response to antiblack police brutality in the US, this text tackles the figure of breathing as a performative embodiment of grammar and time through which the ongoingness of racialized breathlessness is articulated, dis-remembered, and dismantled. In the wake of the Black Lives Matter movement, the text seeks to account for repeated and immeasurable (un)breathability in its particular implications in the histories of racial capitalism, and in multiform sites, geographies, and temporalities that underwrite the global present. In this sense, breathing is addressed through its differential and differentiating conditions of possibility induced and regulated by suffocating spatio-temporalities, as a way to attend to the question whether and how the biopolitical contingencies of vulnerability, weariness, and brokenness are taken up as situated knowledges of courage, critical response-ability, and radical political imagination.
这篇文章是在对美国反黑人警察暴行做出勇敢集体回应的过程中写成的,它将呼吸的形象视为语法和时间的表演性体现,通过它,种族化的呼吸困难的持续性被表达、消除和消除。在“黑人的命也是命”运动之后,文本试图解释其在种族资本主义历史中的特殊含义,以及在支持全球现状的各种地点、地理和时间中的重复和不可估量的(不)透气性。从这个意义上说,呼吸是通过其由令人窒息的时空引发和调节的可能性的差异和差异条件来解决的,作为一种方式来关注脆弱、疲惫和破碎的生物政治偶然性是否以及如何被视为勇气、批判性反应能力的情境知识,以及激进的政治想象力。
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引用次数: 4
‘Shameful is the Only Word for It’: Hegel on Kant’s Sexual and the Social Contract “可耻是唯一的字眼”:黑格尔评康德的《性与社会契约》
Q4 Arts and Humanities Pub Date : 2020-07-13 DOI: 10.33134/rds.329
Lorenzo Rustighi
This paper engages with Hegel’s criticism of the Kantian marriage contract from an unconventional angle. After showing that the Hegelian argument uncovers a parallel between the sexual and the social contract in modern contractarian theories, I illustrate how Kant’s theory of marriage is consistent with his Republican theory and engenders the same conceptual difficulty, that is, a gap between the contracting individuals and the production of the common will. My goal is to suggest that, by illustrating how the logic of the sexual contract works, Hegel enables us to outline a very peculiar notion of ‘patriarchy’ that his ethical Aufhebung of the modern bourgeois family resolutely calls into question. As I will elucidate in the conclusion, this does not imply ignoring the patriarchal structure of the Hegelian family, but gives us the possibility to discriminate between two very different forms of patriarchy: whereas Hegel’s family relies on cultural and therefore conditional masculinist prejudices, the contractarian model is paradoxically indifferent to any such bias but establishes a deeper and more elusive form of patriarchal entitlement.
本文从一个非传统的角度探讨了黑格尔对康德婚姻契约的批判。在展示了黑格尔的论证揭示了现代契约主义理论中性契约和社会契约之间的平行关系之后,我将说明康德的婚姻理论是如何与他的共和主义理论相一致的,并产生了同样的概念上的困难,即在契约的个人和共同意志的产生之间存在着差距。我的目标是提出,通过说明性契约的逻辑是如何运作的,黑格尔使我们能够勾勒出一种非常奇特的“父权制”概念,他对现代资产阶级家庭的伦理aufheung坚决地提出了质疑。正如我将在结论中阐明的那样,这并不意味着忽略黑格尔家庭的父权结构,而是给了我们区分两种非常不同形式的父权的可能性:黑格尔的家庭依赖于文化,因此是有条件的男性主义偏见,矛盾的是,契约主义模型对任何这种偏见都是冷漠的,但却建立了一种更深层、更难以捉摸的父权形式。
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引用次数: 0
From Aristotle to Contemporary Biological Classification: What Kind of Category is “Sex”? 从亚里士多德到当代生物学分类:“性”是一个怎样的范畴?
Q4 Arts and Humanities Pub Date : 2019-12-03 DOI: 10.33134/rds.314
Stella Sandford
This paper examines the nature of the categories of ‘male’ and ‘female’ as classificatory groupings, via an examination of this question in Aristotle’s zoology and metaphysics. Tracing the use of Aristotle’s logical categories of ‘genus’ and ‘species’ in his zoological works and contrasting this with the use of the terms in contemporary taxonomy, the paper shows that ‘male’ and ‘female’ are, in a significant sense, unclassifiable categories. Although Aristotle has no generic concept of ‘sex’ at his disposal, the paper shows how many English translations of his works introduce ‘sex’ as if in answer to the question of the nature of the categories of male and female. The paper then argues that the generic concept of sex covers over the problem of the classification of male and female in both Aristotle and contemporary biology (including botany, mycology and bacteriology), by introducing a classificatory genus (‘sex’) that does not in fact explain anything but rather (precisely in its trans-specific generality) needs explaining.
本文通过对亚里士多德的《动物学与形而上学》中的这个问题的考察,考察了“男性”和“女性”作为分类分组的本质。追溯亚里士多德在其动物学著作中使用的“属”和“种”的逻辑范畴,并将其与当代分类学术语的使用进行对比,本文表明,“男性”和“女性”在很大程度上是不可分类的范畴。尽管亚里士多德没有“性”的通用概念,但论文显示了他的作品中有多少英文译本引入了“性”,仿佛是在回答男性和女性类别的本质问题。然后,论文认为,性别的一般概念涵盖了亚里士多德和当代生物学(包括植物学、真菌学和细菌学)中男性和女性的分类问题,通过引入一个分类属(“性别”),实际上并不能解释任何事情,而是(准确地说,在其跨特定的普遍性中)需要解释。
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引用次数: 2
The Justicization of Politics: Constitutionalism and Democracy in Germany after 1949 政治的正当化:1949年后德国的宪政与民主
Q4 Arts and Humanities Pub Date : 2019-12-03 DOI: 10.33134/rds.312
V. Frick
By engaging with the historiography of German constitutionalism after 1949, this article reconstructs a profound change of the meaning of the concept of constitution. The constitution evolved from a rather formal and provisional instrument of government to the just value order of politics, which scholars worldwide have celebrated as the value model of constitutionalism. The article critically examines the democratic consequences of this justicization of politics and disentangles the relationship between law and politics within German constitutional thinking by tracing its traditions and transformations back to scholarly debates and early Constitutional Court’s landmark decisions.
本文通过对1949年后德国宪政史的梳理,重构了宪法概念内涵的深刻变化。宪法从一种相当正式和临时的政府工具演变为政治的公正价值秩序,世界各地的学者都将其誉为宪政的价值模式。本文批判性地审视了这种政治司法化的民主后果,并通过追溯德国宪法思想的传统和转变,追溯到学术辩论和早期宪法法院的里程碑式裁决,解开了德国宪法思想中法律与政治之间的关系。
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引用次数: 1
Reinhart Koselleck, Sediments of Time: On Possible Histories, translated and edited by Sean Franzel and Stefan-Ludwig Hoffman. Stanford University Press. 2019. xxxi + 301 pages. ISBN 9781503605978 Reinhart Koselleck,《时间的诱惑:可能的历史》,肖恩·弗兰泽尔和斯特凡·路德维希·霍夫曼翻译和编辑。斯坦福大学出版社。2019.xxxi+301页。ISBN 9781503605978
Q4 Arts and Humanities Pub Date : 2019-12-03 DOI: 10.33134/rds.308
Timo Pankakoski
This recent translation offers Reinhart Koselleck’s work in its most essayistic and speculative, but perhaps, also the most inspiring forms. Extrapolations, parallels, and analogies suggest themselves on nearly every page of this intriguing volume. In terms of implications and side steps, the content ranges from climate change and melting ice caps to railways and the experienced acceleration of time, and all the way to war memorials and the layered tranquility of cemeteries and mass graves. Primarily, however, the book offers a heavy dose of Koselleck’s Historik, or the theory of possible history. Or perhaps, to exploit Jacob Taubes’s characterization of Koselleck as a “partisan for histories in the plural,” cited by Niklas Olsen and others, we should characterize Koselleck as a partisan for possible histories. While this perspective arguably underlies in rudimentary forms, a large part of his work in general, here Koselleck expressly tackles some of the most fundamental questions in historical theory, including the following: How is history possible in the first place? How, exactly, are historical experiences conditioned by anthropology? How do individuals’ historical experiences turn into supra-human history or history as such? How can we combine the observations of history as both movement and repetition into a single coherent image? How should we understand the causal and temporal relations between historical events and their linguistic (re-)descriptions? How is historical time related to geographical or geopolitical space? And so forth. The volume thus further elaborates several elements that support Koselleck’s analyses in conceptual history and his political thinking, and it can be expected to be of interest to a wide audience in history, philosophy, political studies, cultural studies, and the social and human sciences more broadly. Sediments of Time is a representative selection – representative in the sense that it consists of texts from the 1980s and 1990s, published in Koselleck’s three late collections in German. With seven essays from Zeitschichten ,‘Temporal Layers,’ (2000), two from Begriffsgeschichten, ‘Histories of Concepts,’ (2006), and six from Vom Sinn und Unsinn der Geschichte, ‘On the Pankakoski, Timo. 2019. “Reinhart Koselleck, Sediments of Time: On Possible Histories, translated and edited by Sean Franzel and StefanLudwig Hoffman. Stanford University Press. 2019. xxxi + 301 pages. ISBN 9781503605978.” Redescriptions: Political Thought, Conceptual History and Feminist Theory 22(1): 83–87. DOI: https://doi.org/10.33134/rds.308 REDESCRIPTIONS
这个最新的译本提供了莱因哈特·科塞莱克最具散文性和思辨性的作品,但也许也是最鼓舞人心的形式。在这本引人入胜的书中,几乎每一页都有推断、类比和相似之处。从影响和侧面来看,内容范围从气候变化和冰盖融化到铁路和经历的时间加速,一直到战争纪念碑和墓地和乱葬坑的分层宁静。然而,这本书主要提供了大量科塞列克的历史学,或可能的历史理论。或者,为了利用雅各布·陶布斯(Jacob Taubes)对科塞列克的描述,即Niklas Olsen和其他人引用的“复数历史的拥护者”,我们应该把科塞列克描述为可能的历史的拥护者。虽然这种观点可以说是他的大部分作品的基本形式的基础,但科塞莱克在这里明确地解决了历史理论中一些最基本的问题,包括以下问题:历史最初是如何可能的?历史经验究竟如何受到人类学的制约?个人的历史经验是如何变成超人的历史或历史本身的?我们如何将对历史的观察作为运动和重复结合成一个连贯的图像?我们应该如何理解历史事件及其语言(重新)描述之间的因果关系和时间关系?历史时间与地理或地缘政治空间有何关系?等等。因此,该卷进一步阐述了支持科塞莱克在概念历史和他的政治思想的分析的几个要素,它可以预期是在历史,哲学,政治研究,文化研究,社会和人文科学更广泛的兴趣广泛的观众。《时间的沉淀》是一部具有代表性的选集——从某种意义上说,它包含了20世纪80年代和90年代的文本,出版于科塞列克晚期的三本德语文集中。其中七篇来自Zeitschichten,“时间层”(2000),两篇来自Begriffsgeschichten,“概念的历史”(2006),六篇来自Vom Sinn und Unsinn der Geschichte,“On the Pankakoski, Timo. 2019”。莱因哈特·科塞莱克,《时间的沉淀:论可能的历史》,肖恩·弗兰泽尔和斯特凡·路德维希·霍夫曼翻译并编辑。斯坦福大学出版社,2019。Xxxi + 301页。ISBN 9781503605978。”再述:政治思想、观念史与女性主义理论22(1):83-87。DOI: https://doi.org/10.33134/rds.308 REDESCRIPTIONS
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引用次数: 0
Bonnie Honig, Public Things. Democracy in Disrepair. Thinking Out Loud: The Sydney Lectures in Philosophy and Society. Fordham University Press, 2017. 154 pages. ISBN-13: 9780823276400 Bonnie Honig,公共事务。修复中的民主。大声思考:悉尼哲学与社会讲座。福特汉姆大学出版社,2017年。154页。ISBN-13:9780823276400
Q4 Arts and Humanities Pub Date : 2019-12-03 DOI: 10.33134/rds.307
P. Minkkinen
I visited Oodi, Helsinki’s new central library, shortly after it was opened to the public in December 2018. The building has been praised for both its architectural innovativeness and for the way in which it redefines the whole notion of a public library. The ‘Ode’ is a threestory construction made of wood, steel and glass that cost 98 million euros to build, furnish and equip. It hosts computer workstations, meeting rooms, recording studios, a cinema, a kitchen, a gaming room, 3D-printers, CDs and, yes, some books too. Walking around, I could see how the library’s various services corresponded with the interests of different visitors, including those who were there just to while away the time in the spacious interiors. Among this last group of visitors was a small gathering of Romani people who were there to seek shelter from the biting cold outside. Bonnie Honig’s Public Things is about the ability of projects like Oodi to bring together a multitude of actors with different needs and desires, but without reducing them into one. For those familiar with Honig’s work, this short book resembles her previous major publications in at least three ways. First, and quite obviously, the book deals with democracy and politics. But rather than pursue further the expressly agonistic themes of politics that have been central in her work from Political Theory and the Displacement of Politics (1993) to Antigone, Interrupted (2013), here Honig is more concerned about the prerequisites of democracy in contemporary times. More specifically, the book is about the objects and spaces that make democracy possible, but that are under constant threat in what we can, perhaps, shorthand as neoliberalism. Think of, say, a public library. Not necessarily as a building, a service or a collection, but rather as something marking the ‘publicness’ of spaces and fora that democracy requires. Second, as in most of her books, Honig delivers her own arguments mainly by engaging with a number of other authors and texts. These include familiar names such as Hannah Arendt, but some more unexpected conspirators as well. Honig has always managed to weave her more unexpected characters into the mix with delightful ease, and in Minkkinen, Panu. 2019. “Bonnie Honig, Public Things. Democracy in Disrepair. Thinking Out Loud: The Sydney Lectures in Philosophy and Society. Fordham University Press, 2017. 154 pages. ISBN-13: 9780823276400.” Redescriptions: Political Thought, Conceptual History and Feminist Theory 22(1): 68–70. DOI: https://doi.org/10.33134/rds.307 REDESCRIPTIONS
2018年12月,赫尔辛基新的中央图书馆Oodi向公众开放后不久,我参观了它。该建筑因其建筑创新性和重新定义公共图书馆整体概念的方式而受到赞誉。“奥德”是一座由木材、钢材和玻璃制成的三层建筑,建造、装修和设备耗资9800万欧元。它拥有计算机工作站、会议室、录音室、电影院、厨房、游戏室、3D打印机、CD,当然还有一些书。四处走动,我可以看到图书馆的各种服务如何与不同游客的兴趣相一致,包括那些在宽敞的室内消磨时间的游客。最后一批游客中有一小群罗姆人,他们在那里躲避外面的严寒。Bonnie Honig的《公共事物》讲述了像Oodi这样的项目将具有不同需求和欲望的众多演员聚集在一起的能力,但不会将他们减少为一个。对于熟悉霍尼格作品的人来说,这本短篇书至少在三个方面与她之前的主要出版物相似。首先,很明显,这本书涉及民主和政治。但是,霍尼格并没有进一步追求她从《政治理论与政治的位移》(1993)到《Antigone,Interrupted》(2013)作品中的核心政治主题,而是更关心当代民主的先决条件。更具体地说,这本书讲述的是使民主成为可能的对象和空间,但这些对象和空间不断受到威胁,我们可以简称之为新自由主义。比如说,想想公共图书馆。不一定是作为一座建筑、一项服务或一个收藏品,而是作为民主所需的空间和论坛的“公共性”标志。其次,与她的大多数书一样,霍尼格主要通过与其他一些作者和文本接触来发表自己的论点。其中包括一些熟悉的名字,比如汉娜·阿伦特,但也有一些更出人意料的阴谋家。霍尼格总是设法以令人愉快的轻松方式将她更意想不到的角色融入其中,在帕努的明基宁。2019年,“Bonnie Honig,《公共事物:修复中的民主》,《大声思考:悉尼哲学与社会讲座》,福特汉姆大学出版社,2017年。154页。ISBN-13:9780823276400,“重新描述:政治思想、概念史和女权主义理论22(1):68–70。DOI:https://doi.org/10.33134/rds.307重新说明
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引用次数: 0
Parliamentary “Theatre”, Dignity and the Public Side of Parliaments 议会“剧院”,尊严和议会的公共面
Q4 Arts and Humanities Pub Date : 2019-01-01 DOI: 10.33134/rds.313
H. te Velde
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引用次数: 1
Conceptual History in the Post-Koselleckian Era 后科塞勒克时代的概念史
Q4 Arts and Humanities Pub Date : 2018-09-01 DOI: 10.7227/R.21.2.6
N. Olsen
The newly launched book series on European Conceptual History, published by Berghahn Books, is the latest initiative in the ongoing attempt to renew conceptual history as an academic field. “This series”, so the web page states, “focuses on the notable values and terminology that have developed throughout European history, exploring key concepts such as parliamentarianism, democracy, civilization, and liberalism to illuminate a vocabulary that has helped to shape the modern world.” Three volumes have appeared to date: Parliament and Parliamentarism, European Regions and Boundaries, and Basic and Applied Research. A volume on Democracy in Modern Europe is forthcoming. Conceptual History in the European Space is meant as the lead volume to this series. It is edited by three well-known scholars in the field – Willibald Steinmetz, Michael Freeden and Javier Fernández Sebastián – and contains ten chapters (plus an introduction and a conclusion) authored by specialist conceptual historians. The aim of the volume is to represent some of the most important theoretical, methodological and thematic contributions to the field in what the introductory chapter, authored by Steinmetz and Freeden, labels the “post-Koselleckian era” (which seems to be the period from around 2000 onwards). The essays are not divided into thematic sections, but address a range of different issues, including temporal, spatial, rhetorical, ideological and linguistic dimensions of conceptual history. Some of the included texts are derived from research projects and publications that have already become classic contributions to conceptual history. Jörn Leonhard’s discussions of the possibilities and pitfalls of the comparative dimension of conceptual history draw on his famous study of the meanings and transfers of the concepts of “liberal” and “liberalisms” into various European languages in the eighteenth century. Helge Jordheim’s elaboration of Koselleck’s theories of historical times as encapsulated in the catchword “synchronicity of the non-synchronous” into a more detailed framework to ana-
Berghahn Books新近推出的欧洲概念史系列丛书是将概念史作为一个学术领域进行更新的最新举措。该网页指出,“该系列”“关注欧洲历史上发展起来的显著价值观和术语,探索议会主义、民主、文明和自由主义等关键概念,以阐明有助于塑造现代世界的词汇。”,欧洲区域和边界,以及基础和应用研究。一本关于现代欧洲民主的书即将出版。《欧洲空间的概念史》是本系列的第一卷。该书由该领域的三位知名学者Willibald Steinmetz、Michael Freeden和Javier Fernández Sebastián编辑,共有十章(外加引言和结论),由专业概念历史学家撰写。本卷的目的是代表该领域一些最重要的理论、方法和主题贡献,由Steinmetz和Freeden撰写的引言一章称之为“后科塞勒克时代”(似乎是从2000年左右开始的时期)。这些文章没有分为主题部分,而是涉及一系列不同的问题,包括概念史的时间、空间、修辞、意识形态和语言维度。一些收录的文本来源于研究项目和出版物,这些项目和出版物已经成为概念史的经典贡献。Jörn Leonhard对概念史比较维度的可能性和陷阱的讨论借鉴了他对18世纪“自由主义”和“自由主义者”概念在各种欧洲语言中的含义和转移的著名研究。赫尔格·乔德海姆对科塞莱克的历史时代理论的阐述,概括在流行语“非同步的同步性”中,成为一个更详细的分析框架-
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引用次数: 0
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