Tragedy Lite: or How to Spin a Classical Lesson Into PC Farce
by Jim Gourley
In the mid-seventies, when I was a student at a major university in the mid-south, I had a small second-floor flat not far from the home field of the university’s baseball team. Although it was the national sport, college baseball there didn’t draw much of a crowd. This was baseball in the wings, not the main stages and extended seasons of Florida and California. I have seen more bleacher seats in Greybull, Wyoming, larger gatherings for softball games at family picnics.
But the pack of fans the home team drew were a rabid brood, and as anyone familiar with baseball knows, the bites from those dogs can be sharp and vicious. As I passed the field one cool and cloudy afternoon, I was drawn closer by the cacophony of animal hoots. The bleachers behind the plate were full of student supporters who were on their feet, whipped into a froth. The entire pile of them was a very fraternity white. The home team was in the field, and the visitor at bat was a young, dark Hispanic man. The monkey howls and racial slurs that were thrown his way were at once both appalling and chillingly fascinating. I could imagine myself in his position turning to the ump, raising a hand to signal a brief time out, then stepping out of the box and around the edge of the cage into the frenzied zoo area, then racing into the stands and taking out as many as I could with my bat. But he didn’t, and play continued as he stroked a single over the shortstop’s head. Man on, which was the point. This guy knew it, the reason why he was there and the rest of us weren’t. This was the ball game, and the purpose was to win it.
The aspect of the game that we tend to overlook is that the very same words are carried onto the field by some of those who play the game at the highest level. Though there are sinister and low-browed reasons for some of this behavior, the primary purpose is discombobulation, a loss of focus that will add to reduced performance on the part of the opponent, thereby giving your team an edge. We don’t want to know that some of our dazzling heroes outrageously malign the good names of their opponents’ wives, mothers, and sisters, call into question their maternity and paternity, both intra- and inter- species, hurl the basest racial and ethnic slurs as easily as they order up a pizza, extra cheese / no anchovies. The best of them let it roll, wave it off as they would a buzzing gnat. This is why they have risen. When one with the ability to rise chooses (yes, chooses) not to, this is the stuff of tragedy.
There is so much being made of the Marco Materazzi slur and the Zinedine Zidane reaction to it that even world leadersespite Zizou’s mother calling for the castration of the self-admitted boor Materazzire weighing in for reasons of very political correctness: “Poor Zizou! We love you anyway. How could that Italian (notice I didn’t say ‘dago’) say such horrible things about your family? It’s okay. Really. We would all want to head butt anyone who said anything about our mother.” That some don’t is what makes them better.
The fact is that whatever was said doesn’t really matter. In the world of fierce competitionnd the 2006 World Cup gave those of us on the sidelines an intmate glimpse into the subterfuge and ferocity that is required to win at that levelhere are rules in place to protect the bodies of those who hurl themselves furiously at each other (apologies to James Wright). What’s whispered or grunted on the field as bodies tangle is, for the most part, confined to the private world of the tanglers. And despite the commercial frenzy of the media dogs, the lip-reading pundits and slo-mo techs aren’t able to put Humpty Dumpty back together either, as well they shouldn’t.
As Zidane, head bowed in what I understood to be shame and an overwhelming sense of acute defeatis loss of control and abandonment of teamalked past the Cup he would never get to hold, he was my tragic hero, the one who succumbed to anger and allowed his “common man” to blind him to his greater purpose, a purpose shared by a team and a nation, all of whom he had just dramatically let down. In a very real sense, he failed. And in a very real sense, we all know it. To stroke him to make him feel better is total farce. We should leave him alone and let him suffer. But instead, he and his anguish have become a commodity, and, I imagine, he’ll make millions on the talk show circuit. And the winner, Materazzi the Boob, will spend his days thumbing through a borrowed dictionary looking up “terrorist” in the reflected light of the World Cup.
We need our tragedies and tragic heroes. We need to see them ingloriously fall, to remind us that we are not the gods, that perfection, despite our monumental efforts to achieve it, is not within our reach, despite what we may momentarily believe. We are of the earth, the same stuff of rocks and trees and waste of all shades and odors. That sometimes we fly for a few brief moments above it all is an amazement, and something that we should see as nearly divine.
So let him be sacrificed. Let him be scorned. Let him steal quietly into the Parisian night, so that later we can move ourselves to possibly forgive him when we point him out at the Caf?Tragedie: There’s the blind man who slept with his mother beside the woman who murdered her children. Across the table is the guy who sacrificed his daughter to still the winds. And just to the right is the one who head-butted the Italian whatshisname when he lost control at the worst possible moment. And that vacuous, drooling kid in the corner with the nasty wax burns? Well, he tried to fly too close to the sun.
Mickey Spillane; Tough-Guy Writer Of Mike Hammer Detective Mysteries
Mickey Spillane; Tough-Guy Writer Of Mike Hammer Detective Mysteries
By Adam Bernstein
Mickey Spillane, 88, who died July 17 in Murrells Inlet, S.C., was one of the world’s most popular mystery writers. His specialty was tight-fisted, sadistic revenge stories, often featuring his alcoholic gumshoe Mike Hammer and a cast of evildoers who launder money or spout the Communist Party line.
His writing style was characterized by short words, lightning transitions, gruff sex and violent endings. It was once tallied that he offed 58 people in six novels.
Starting with “I, the Jury,” in 1947, Mr. Spillane sold hundreds of millions of books during his lifetime and garnered consistently scathing reviews. Even his father, a Brooklyn bartender, called them “crud.”
Mr. Spillane was a struggling comic book publisher when he wrote “I, the Jury.” He initially envisioned it as a comic book called “Mike Danger,” and when that did not go over, he took a week to reconfigure it as a novel.
Even the editor in chief of E.P. Dutton and Co., Mr. Spillane’s publisher, was skeptical of the book’s literary merit but conceded it would probably be a smash with postwar readers looking for ready action. He was right. The book, in which Hammer pursues a murderous narcotics ring led by a curvaceous female psychiatrist, went on to sell more than 1 million copies.
Mr. Spillane spun out six novels in the next five years, among them “My Gun Is Quick,” “The Big Kill,” “One Lonely Night” and “Kiss Me, Deadly.” Most concerned Hammer, his faithful sidekick, Velda, and the police homicide captain Pat Chambers, who acknowledges that Hammer’s style of vigilante justice is often better suited than the law to dispatching criminals.
In one typical passage from “The Big Kill,” Hammer narrates: “I snapped the side of the rod across his jaw and laid the flesh open to the bone. I pounded his teeth back into his mouth with the end of the barrel . . . and I took my own damn time about kicking him in the face. He smashed into the door and lay there bubbling. So I kicked him again and he stopped bubbling.”
Mystery specialist Anthony Boucher, writing in the New York Times, said that novel “may rank as the best Spillane — which is the faintest praise this department has ever bestowed.”
Mr. Spillane’s success rankled other critics, who sometimes became very personal in their reviews. Malcolm Cowley called Mr. Spillane “a homicidal paranoiac,” going on to note what he called his misogyny and vigilante tendencies.
Like Hammer, Mr. Spillane learned to keep emotion at a distance when discussing a lifetime of dreadful reviews. “I pay no attention to those jerks who think they’re critics,” he said. “I don’t give a hoot about readin’ reviews. What I want to read is the royalty checks.”
His books were translated into many languages, and he proved so popular as a writer that he was able to transfer his thick-necked, barrel-chested personality across many media. With the charisma of a redwood, he played Hammer in “The Girl Hunters,” a 1963 film adaptation of his novel.
In the 1970s and 1980s, he was a caricature of his tough-guy alter ego as a pitchman for Miller Lite beer, sporting a trench coat, a porkpie hat and a cantilevered blonde.
Frank Morrison Spillane was born March 9, 1918, in Brooklyn, N.Y. He described surviving a very tough neighborhood by inventing ghost storiesto scare others his age otherwise intent on beating him up. By his high school graduation in 1935, he sold his first story to a pulp magazine.
He briefly attended college in Kansas and considered studying for the law before a friend got him a writing and editing job at Funnies Inc., a comic book publisher in Manhattan. He churned out one a day when other authors needed a week.
After stateside service in the Army Air Forces during World War II — he was a cadet flight instructor — he and two friends began a comic book business. About that time, he and his first wife bought several acres of land in Newburgh, N.Y., and he wrote “I, the Jury” to afford the $1,000 property.
During the next several years, Mr. Spillane received large royalty payments from film companies to turn his rush of books into motion pictures. The best was Robert Aldrich’s 1955 version of “Kiss Me Deadly,” with Ralph Meeker as Hammer going after a nuclear secret.
He also scripted several television shows and films and played a detective in the 1954 suspense film “Ring of Fear,” set at a Clyde Beatty circus. He rewrote much of the film, too, refusing payment. In gratitude, the producer, John Wayne, surprised him one morning with a white Jaguar sportster wrapped in a red ribbon. The card read, “Thanks, Duke.”
After a long hiatus from novel writing in the 1950s — partly from his time-consuming conversion to the Jehovah’s Witnesses — he began a long run of books with characters other than Mike Hammer. He featured an antihero hoodlum in “The Deep” (1961) and “Me, Hood!” (1963), followed by books with protagonists named Tiger Mann, a former spy in the James Bond mold, and Mako Hooker, a former CIA agent who enjoys fishing.
He was fond of making wild claims about his literary stature. At one point early in his career, he was taunted at a dinner party by “some New York literary guy” who told him it was “disgraceful” that seven of the 10 best-selling books of all time bore Mr. Spillane’s name. He replied, “You’re lucky I’ve only written seven books.”
Done initially on a dare from his publisher, Mr. Spillane wrote a children’s book, “The Day the Sea Rolled Back” (1979), about two boys who find a shipwreck loaded with treasure. This won a Junior Literary Guild award.
He also wrote another children’s novel, “The Ship That Never Was,” and then wrote his first Mike Hammer mystery in 20 years with “The Killing Man” (1989). “Black Alley” followed in 1996. In the last, a rapidly aging Hammer comes out of a gunshot-induced coma, then tracks down a friend’s murderer and billions in mob loot. For the first time, he also confesses his love for Velda but, because of doctor’s orders, cannot consummate the relationship.
Late in life, he received a career achievement award from the Private Eye Writers of America and was named a grand master by the Mystery Writers of America.
In his private life, he neither smoked nor drank and was a house-to-house missionary for the Jehovah’s Witnesses. He expressed at times great disdain for what he saw as corrosive forces in American life, from antiwar protesters to the United Nations.
He was long settled in Murrells Inlet, having once judged a beauty contest there and subsequently fallen in love with the beachside community where he fished, crabbed and skin-dived and housed an impressive gun collection.
His marriages to Mary Ann Pearce and Sherri Malinou ended in divorce. His second wife, a model, posed nude for the dust jacket of his 1972 novel “The Erection Set.”
Srvivors include his third wife, Jane Rodgers Johnson, a former beauty queen 30 years his junior; and four children from the first marriage.
He also carried on a long epistolary flirtation with Ayn Rand, an admirer of his writing.
Art under control in North Korea
Art under control in North Korea
Jane Portal
What does a totalitarian regime expect from its artists? Jane Portal explores the role of art in North Korea.
Nations have always requisitioned and utilized art works. If anything, this process proliferated in the 20th century, when art was widely adopted for propaganda purposes and those who produced it were strictly controlled by totalitarian states. It was the Soviet Union that initially kept the tightest control on cultural output and defined the needs of the state.
In many ways, art for the state in Kim Il-song’s North Korea followed on from and copied that of Stalin’s Soviet Union and Mao’s China, notably the development of Socialist Realist art. Many features of the organisation of artists and the works of art produced are similar, and can be seen as standard features of art in totalitarian societies. In most circumstances, art for the state can be characterised as being essentially large-scale, dramatic and message-laden.
According to the official account, from the 1960s onwards, Socialist Realist art in North Korea took a new development and was independently guided by the philosophy of Juche. Juche was Kim Il-song’s most important political idea, which he used to promote himself as leader of the North Korean people. Juche is usually translated as “self-reliance”, although the academic Dae-sook Suh describes it in practise as “nothing more than xenophobic nationalism”.
Socialist Realism is now referred to in North Korea as Juche Realism. Juche art theorists in North Korea divide world art history into two kinds: “peoples’ art”, reflecting the needs of the masses, and “reactionary art”, reflecting the ideology of the exploiting class. Kim Il-song’s 1966 instruction, “Let’s develop our National form with Socialist content”, is still regarded as the absolute guiding principle of Juche art. This “call” for a new Juche Art was in fact a paraphrase of both Stalin and Mao. Stalin had defined Socialist Realism as “national in form, socialist in content”, while Mao called it “national in form, new democratic in content”.
The “national form” of painting naturally meant traditional Korean ink painting or Chosonhwa, but oil painting (an imported western technique) was also encouraged. Large public wall paintings, which would normally be expected to be carried out in oils, were therefore also produced in ink painting, encouraging ink painters to paint realistically. Still today, there are many more ink painters classed as Merit Artists or Peoples’ Artists than there are oil painters, as a matter of principle.
The subjects originally required by Juche art were limited to such themes as: portraying the General, the relationship of the military and the people, the construction of socialism, National Pride and such like. However, in the 1970s landscape was also approved, when Kim Jong-il instructed: “The idea of describing Nature in a socialist country is to promote patriotism, heighten the national pride and confidence of the public in living in a socialist country.” The result has been a huge increase in the production of oil paintings of natural scenes.
All artists in North Korea are registered as members of the Korean Artists Federation and receive monthly salaries, for which they are expected to produce a certain number of works. Some artists work “on the spot”, at factories or construction sites, whereas others go to an office. Both would be expected to work regular hours and have about two hours of study or discussion in theevenings with regular reports and evaluations. Abstract or conceptual art is forbidden and the subjects and themes of works of art are limited.
There is no question of arranging a solo exhibition but there is a National Art Exhibition every year and an Industrial Art exhibition every two years. There is no museum or gallery of contemporary art and no private galleries, but modern art is included in the displays of the National Gallery “because past tradition is a process by which the present can be understood”. However, most of the works on display are also the ones that appear in all the books on contemporary art there is no uncertainty as to which are the masterpieces.
In fact, there is no uncertainty at all expressed in North Korean contemporary art, no individual hopes or expressions, no mystery. As Kim Jong-il said: “A picture must be painted in such a way that the viewer can understand its meaning. If the people who see a picture cannot grasp its meaning, no matter what a talented artist may have painted it, they cannot say it is a good picture.”
Shelley's fantastic prank
Shelley’s fantastic prank
Times Online July 12, 2006
H. R. Woudhuysen
In 1809 the controversial naval officer Sir Home Popham invited Peter Finnerty, a radical Irish journalist and supporter of the United Irishmen, to join him on the British expedition to the Scheldt: its object was to attack Antwerp, then held by the French. Although Flushing fell, a large number of troops succumbed to a form of malaria on the island of Walcheren and the expedition ended in disaster with the deaths of around 4,000 men. Finnerty’s reports on these events in the Morning Chronicle led to his arrest and transportation back to England. In January 1810 he accused his “ancient enemy” Lord Castlereagh of trying to silence him and compounded the offence by repeating accusations against the politician about the abuse of United Irish prisoners in 1798. Finnerty was tried for libel in February 1811 and sentenced to eighteen months in Lincoln Gaol. It was not the first time he had gone to prison as a result of clashing with Castlereagh: he had previously spent two years in prison in Dublin for printing a seditious libel and had been made to stand in the pillory. This second libel case was reported in great detail and Finnerty’s plight attracted widespread support, prompting a debate during the summer in the House of Commons and a public subscription, initiated by Sir Francis Burdett, which reached £2,000 on his release. Among those who contributed to a fund to maintain the journalist while he was still in prison was Percy Bysshe Shelley, then an undergraduate at Oxford in his second term at University College. His name appears in a list of four subscribers, each pledging a guinea, printed in the Oxford University and City Herald on March 2, 1811. A week later the journal carried an advertisement for a Poetical Essay, “Just published, Price Two Shillings”; it was described as “On the Existing State of Things . . . for Assisting to Maintain in Prison Mr. Peter Finnerty, Imprisoned for a Libel” and was “by a Gentleman of the University of Oxford”. Similar advertisements for the book appeared in the national press, in The Morning Chronicle (on March 15 and 21) and in The Times (on April 10 and 11).
Shelley’s authorship of this poem was known to his contemporaries at Oxford and the existence of the pamphlet was recorded by the Oxford bibliographer and book collector Philip Bliss. Those who knew Shelley might have associated this publication with An Address to the Irish People (Dublin, 1812), the first work to appear with his full name on its title page (rather than a pseudonym or his initials), and in which he refers to Finnerty’s fate (“He was imprisoned for persisting in the truth”). The designation “by a Gentleman of the University of Oxford” gave little away in itself, but sharp-eyed readers may have noticed that this was also the formula used on the title page of the anonymous gothic novel, St Irvyne; or, The Rosicrucian: A Romance, which Shelley published in 1811 in London with the Pall Mall bookseller J. J. Stockdale. His third anonymous publication of the year was The Necessity of Atheism (Worthing: printed by C. & W. Phillips) in which he collaborated with his fellow undergraduate T. J. Hogg. It was that pamphlet which led to Shelley and Hogg being sent down from University College on March 25, “for contumaciously refusing to answer questions proposed to them and for also repeatedly declining to disavow a publication entitled ‘The Necessity of Atheism’”. It seems likely that the Poetical Essay, whose authorship was probably known to the authorities, contributed to the poet’s expulsion, the episode that his cousin Thomas Medwin rather mildly called “Shelley’s mishap at Oxford”.
The Poetical Essay was no doubt one of what another contemporary at University College, C. J. Ridley, described as “Shelley’s strange and fantastic pranks”. Although it was advertised as for sale by the London publisher B. Crosby & Co. (“and all other Booksellers”), it was actually printed by the Oxford firm of Munday and Slatter. Two months before it was published, on January 11, Shelley had written to Hogg saying: “I have a Poem, with Mr Lundi which I shall certainly publish. There is some of Eliza’s in it: I will write tomorrow I have something to add to it & if Lundi has any idea (when he speaks to you of publishing it wth my name[)] will you tell him to leave it alone till I come”. “Mr Lundi” must be John Munday and the letter might be taken to suggest that Shelley and his sister Elizabeth had been working on the poem together and that the “something to add to it” might relate to the imprisonment of Finnerty. The brother and sister had previously collaborated in the production of the poet’s first book, Original Poetry by Victor and Cazire (Worthing, 1810), which had to be withdrawn when the publisher, Stockdale, realized that one of the poems in the collection of lyrics and gothic narratives had been lifted entirely from a piece by M. G. Lewis.
Original Poetry sank from view and was forgotten about until 1859; an actual copy of the collection was only discovered in 1897, when it was reprinted in facsimile by Richard Garnett. The Poetical Essay, however, has completely eluded Shelley scholars for nearly two centuries. Its title page – whose contents, including the epigraph concerning the ravages of famine from Southey’s recently published The Curse of Kehama (1810), were reproduced in the press advertisements – made it clear that it had some direct link with the case of Peter Finnerty, but the nature of “the State of Things” (Stephen C. Behrendt has detected an allusion to Things as They Are, the proper title of William Godwin’s Caleb Williams) remained obscure. What Kenneth Neill Cameron described as “One of the unsolved mysteries of Shelley bibliography” can now be solved, for a copy of the pamphlet has been discovered and is in the possession of the booksellers Bernard Quaritch.
The pamphlet is a quarto, consisting of twenty pages with a final leaf of notes on the recto and errata on the verso; printed on paper with a watermark date of 1807, it is stitched and uncut, still very much in the same state as it was when it was issued. The poem is dedicated “TO HARRIET W–B–K”, that is Harriet Westbrook with whom Shelley eloped in August 1811: this constitutes the first printed reference to the poet’s wife. The dedication is followed by a “Preface”, a short essay touching on politics and religion, calling for “a total reform in the licentiousness, luxury, depravity, prejudice, which involve society”, not by warfare, which he vigorously denounces, but by “gradual, yet decided intellectual exertions”. The poem which follows consists of 172 lines of rhyming couplets.
It ranges over the devastations of war, the fearless voice of Sir Francis Burdett, the iniquities of Castlereagh, the tyranny of Napoleon and the oppressions of colonial India. Rather than remaining focused on Finnerty and Ireland, Shelley is concerned with England and the war:
Millions to fight compell’d, to fight or die
In mangled heaps on War’s red altar lie . . .
When legal murders swell the lists of pride;
When glory’s views the titled idiot guide.
It is the “cold advisers of yet colder kings” who have “the power to breathe / O’er all the world the infectious blast of death”.
Burdett is the hero of the poem and Castlereagh, with his “Vices as glaring as the noon-day sun”, its principal but unnamed target. As former President of the Board of Control and Colonial Secretary, Castlereagh stands for the iniquities of British rule in India (“The fainting Indian, on his native plains, / Writhes to superior power’s unnumbered pains”), while in Europe, Napoleon is like an “evil spirit brooding over gore”. Shelley’s concluding vision is of the virtuous reign which the overthrow of monarchy will bring:
Man must assert his native rights, must say
We take from Monarchs’ hand the granted sway;
Oppressive law no more shall power retain,
Peace, love, and concord, once shall rule again,
And heal the anguish of a suffering world;
Then, then shall things which now
confusedly hurled,
Seem Chaos, be resolved to order’s sway,
And error’s night be turned to virtue’s day –
While some of the language in the poem, for example the use of abstract terms, is reminiscent of Shelley’s other work, the regularity of the couplets is uncharacteristic. A possible explanation for this could be the fact that the poem was some sort of collaboration between Shelley and his sister Elizabeth. The fate of the pamphlet has been a mystery. The switch from local advertising in Oxford to its appearance in national newspapers coincided with Shelley’s move to London after being sent down from Oxford. It is known that although Munday refused to publish The Necessity of Atheism, Shelley put copies of it in the windows and on the counter of the bookseller’s High Street shop. They were spotted by a Fellow of New College there and all but one of the shop’s stock of them was burnt in its back kitchen. Munday and Slatter may have disposed of their copies of the Poetical Essay in the same way. In April, however, it was said to be available from Benjamin Crosby & Co of Ludgate Hill in London. These press advertisements and the Quaritch copy of the pamphlet suggest that previous theories that Shelley withdrew it, or that the Oxford printers refused to produce it until they were paid by the aristocratic but hard-up undergraduate, cannot be sustained.
Whatever the explanation for the disappearance of the pamphlet, some of the early history of this copy can be recovered. Immediately after being sent down, Shelley went to London. His arrival is recorded in a famous passage in Thomas Medwin’s Life of him:
I remember, as if it occurred yesterday, his knocking at my door in Garden Court, in the Temple, at four o’clock in the morning, the second day after his expulsion. I think I hear his cracked voice, with his well-known pipe, – “Medwin, let me in, I am expelled;” here followed a sort of loud half-hysteric laugh, and a repetition of the words – “I am expelled,” with the addition of, “for Atheism.”
Shelley was, as ever, in financial trouble and after a time in London he spent some of May and June 1811 with his father at Field Place, trying to mend their difficult relationship. When he eloped with Harriet Westbrook he sought money and legal advice from Medwin’s father, a solicitor who lived near to the Shelley home at Horsham in Sussex. It seems likely that it was around this time that he gave the sole surviving copy of the Poetical Essay to Thomas Medwin’s younger brother Pilfold (The unusual first name was a family one: Shelley’s mother was Elizabeth Pilfold), who was then about seventeen years old. He signed this copy at the top right of the title page. The signature can be compared with that on documents relating to Shelley in the Horsham Museum.
It is not unusual for manuscripts which are thought to have been lost to reappear by their very nature they can be hard to read, hard to identify and may easily be passed over but it is extremely rare for printed books of any period to be rediscovered after an absence of 200 years. The Quaritch copy of the Poetical Essay is all the more remarkable for its unexpected emergence and for the insights a full study of it will give into Shelleys development as a poet and political thinker.
THE STORM OF STYLE
THE STORM OF STYLE
by ALE
异议学者输官司质疑政治因素影响
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【2006年7月19日狱委讯】海涛/北京第二中级法院知识产权审判庭星期二上午对开审一个月的王天成状告周叶中抄袭案做出判决,判处原告王天成败诉,驳回所有诉讼请求。王天成说,这种判决完全是政治因素在起作用,完全超出了法律的范围。 前北京大学法学院讲师王天成指控武汉大学教授周叶中和其博士研究生戴激涛合作、由人民出版社05年出版的《共和主义之宪政解读》一书有30多处抄袭、剽窃了王天成1999年发表的《论共和国》和《再论共和国》两篇论文。 星期二上午宣判之前,王天成和他请的两位律师滕彪和浦志强都相信,他们一定胜诉,因为所有的事实都是明明白白地摆在那里。法官的宣判让他们感到十分意外。 浦志强说:“我们输在哪里?我不知道。找不到角度。这个案子无论如何是不应该输的。” 王天成说:“这个判决是荒唐的。我们提供了非常充足的证据。像这个案子,案情非常简单,即使是个盲人,摸一下也可以摸出来,知道谁对谁错。法院的判决是说原告方证据不足,而剽窃案是不需要多少证据的,白纸黑字是可以对照的。” 王天成的律师之一滕彪早些时候曾表示,如果纯粹从法律角度来看,原告方肯定胜诉,但一些其他因素在起作用。王天成认为,这些其他因素,就是政治因素。 目前从事商业工作的王天成是一位异议人士。他毕业于北京大学法律系并留校任教。1992年因胡石根中国自由民主党组党案被判处5年徒刑。 被告周叶中是中国法学会宪法学研究会副会长,曾到中南海给政治局成员讲宪法课。王天成认为,这个案子的核心就是政府支持的教授和异议人士打官司只能赢不能输。他说:“我感觉,官方觉得这是一个自由化知识分子和官方知识分子之间的征战。他们把这种事情、一个民事案子看成是政治案件。他们觉得,这个事情背后还有些政治背景和阴谋,他们是从这个方面去看的。他们完全忘记了,我有民事诉讼权。” 王天成说,他出狱后,当局从来没有放松对他的监控,每到所谓“敏感”日期都会“光顾”。他说,政治问题不应该和法律问题混为一谈。 王天成说,他有许多事实可以说明,此案被揭露出来后有媒体介入被官方禁止,有的还受到处份。北大法学院知名教授贺卫方加入了声援王天成的行列,但是贺卫方提出的证明根本没有为法庭所采用。 王天成说,这个案子,在法院他们是输了,但在知识分子之间他们实际上是赢了,因为这个案情太简单不过,“公道自在人心”。他认为,他的律师尽到了责任,但“政治上的因素”律师是无法左右的,既然是政治判决而不是司法判决,那么上诉也就没有必要了。
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“民主与自由网”第四十八次被当局关闭
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【2006年7月19日狱委讯】李建军/异见网站“民主与自由网”由周日开始第四十八次被当局强行关闭,网主指责当局违反中国宪法,侵犯中国公民的言论自由及权利。而一直支持中共政权的中国国民党革命委员会在福建的网站周一凌晨被黑客攻击,并被贴上批评政府的内容。 民主与自由网在本周日中午再度被封锁,直至周一黄昏为止,网站仍然显示网站未缴费因此被封锁,未能恢复正常服务。这次是民主与自由网自二零零一年启用以来,第四十八次被封闭。 网主吴伟周一接受本台粤语组记者访问时指,中国电信向他们透露,中宣部是以言论内容敏感为理由,要求中国电信封锁民主与自由网。吴伟认为,由于平均个半月被封一次,加上中国国内愿意接受按月缴费客户的服务供应商不多,要重开都需要一段时间。 他指中国当局一次又一次封网,是违反宪法的行为,侵犯了宪法保障中国公民的言论自由和权利。他说:我觉得这种是一种不正常的表现,因为言论自由是基本人权,是宪法赋予的权利,网上言论自由是言论自由的一部分,不应该剥夺这个权利。 本台记者曾向负责民主与自由网备案工作的广东省通讯管理局查询,但未得到任何回应。 民主与自由网,又名观点网,在二零零一年成立,曾于北京、成都和广州等地正式备案注册,但亦多次被信息产业部,以政治理由取缔备案而关闭。 另外,中国八大民主党派之一,中国国民党革命委员会的网站,周一凌晨被黑客攻击,被换上批评政府的内容。在周一早上,批评政府的内容才被当局去,回复正常。 本台记者曾经向中国国民党革命委员会,以及管理网站的公司查询,但两者都未有回应记者的查询。 而网络维权人士,《六四天网》的网主黄琦,接受本台访问时强调,不论中共政权如何镇压人民也好,反对者也不能以黑客行为破坏。如果任何人都自以为真理在手,可以不按法律办事,很容易令社会陷入无序状态,甚至发展成恐怖主义思想。黄琦说:也许攻击这些网站的朋友都可以说,我们是代表正义的,我们掌握了真理,代表正义一方,但是我就觉得如果这个社会,大家都不按规则办事,不按照人类通行的规则做事,那社会就会在无序的状况,本拉登也是他代表了正义。 中国国民党革命委员会,是中共建政前由中国国民党分裂出来的团体,是中国现时八大民主党派之一,这些民主党派都支持中共政权的统治。
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独立中文笔会会员罢免副会长余杰、副秘书长王怡的联署公开信
两个月以来,余杰、王怡暗中运作,将维权人士郭飞雄先生排斥出美国总统布什与中国人权人士的会见之外,事后隐瞒事实真相,拒不认错的丑行,在海内外引起强烈的反响,遭到广泛的批评和谴责。余杰和王怡是以中国维权人士这
废话一筐:穷人怎么才能买得起房?
“不要让所有的老百姓都买房子”,“我是一个商人,我不应该考虑穷人。如果考虑穷人,我作为一个企业的管理者就是错误的。因为投资者是让我拿这个钱去赚钱,而不是去救济穷人”。 自从房地产大鳄任志强作出这样的公然宣称后,中国舆论一片哗然。官员、学者、专家、网民都跳出来发表了不少意见,意见都以批判任志强的言论为主,但都是从道德、道义上批判,就是说,都是形而上的、空洞的意识形态上的批判。显然,靠这样的方式来批任是不能解决任何问题的,也是毫无说服力的。
任志强只是谈了一个经济现象,如果你不同意他的判断,大可对他描叙的现象做经济分析,完全不必上升到意识形态的高度,更不要谈什么道德良心了,这些虚无的概念对你自己都不适用。就象你开了一个香烟铺子,我来买包40元的中华烟,但我却只有20元钱,你自然是不卖给我了。如果我这时堵在铺子骂你缺德、没有良心、不为我这个穷人作想。你大概只能把我当作疯子了。道理就是这样简单,任志强只是说出了符合市场经济一般规律的真话而已,我不知道为什么就搞得整个舆论都疯了。
舆论为真话疯狂还真是中国特色。因此,中国社会就有了另外一个特色,就是官员、学者、专家的假话得以横行无忌。所以,有网友说:大陆的愚民太多。我是基本赞成的。站在商人的角度,我完全同意和理解任志强的讲话,因为他符合经济规律。站在国民的角度我也完全同意和支持任志强的讲话,因为他讲的是真话。因此,我曾经专门写帖子《何必对真话感到惊奇》,以支持任志强。
回过头来说那些官员和学者,他们在批判了任志强后,也并没有提出任何具体的穷人买房方案,只是和大家一起YY了一阵而已,说不定到借此事骗了不少稿费,又可以多买一根钢筋,两块砖头了。而真穷人的房子还是不会有。
说到怎么才能买房?其实很简单,就是先看看房价,再数数自己兜里的钱有多少,就能做出准确判断了,文人那些花枝招展的文章完全帮不上忙,官员那些义正词严的政治秀也丝毫没有作用。你还是要看自己的口袋才能做出判断。数清自己口袋里的钱应该不难吧?如果数不清,我等会儿会帮你数一下。
有人说:我自己口袋里的钱是涨不了啦,但房价应该可以降一降啊。OK!这是头脑灵活而还没有买房的网友,不能求诸己,还可求诸外嘛。我之所以判断这位网友还没有买房,是因为如果他已经买房,他就会希望房价涨,因为他的资产才能升值啊。请大家注意:这里我只讨论经济问题,不讨论任何人、包括那位网友的道德良心问题。
房价能降多少?我不知道。这需要对房价做一些分析后才能做出判断。那么房价是怎样构成的呢?
我查了一些专业网站后,找到了商品住宅销售价格的构成要素:
“商品住宅销售价格=开发成本+利润+税金+商品住宅差价
1) 开发成本=土地使用权费+住宅建造成本+住宅建造期间费用
2) 住宅建造成本=前期工程费+建筑安装工程费、设备费+附属工程费+开发间接费+其他与项目开发直接费用
3) 住宅建造期间费用=管理费用+财务费用+销售费用”
上面的解释看起来是复杂了一点,如果大家相信我,我可以把他合并简化一下:
商品住宅销售价格=土地使用权费+住宅建造成本+各项费用+利润+税金+商品住宅差价
简单解释一下上面公式的各项含义:
商品住宅销售价格:这应该不用多解释,就是我们通常所说的房价,不包括契税和半房产证的各项相关费用。
土地使用权费:这比较复杂,但可近似理解为土地的价格,就是一亩地多少钱。
住宅建造成本:就是建房子的钱,例如:打地基、砌墙、楼板,主要由钢筋、水泥和砖及其所消耗的人工组成。
各项费用:很多。比如监理费,管理费、设计费、银行借款的利息,促销小姐的工资、广告,官员剪彩等各项花费。
利润:这个不用解释了吧。一般估计:利润不应该低于房价的10%;如果能卖出去,老板当然是希望利润越高越好。
税金:这是国家的了,种类繁多,计有:企业所得税、营业税、房产税、城建税、教育费附加、契税、印花税、少数城市对房地产建筑要求征收土地增值税。但这还不是多的,多的是国家各衙门的收费,有专门研究表明:
“仅从房地产开发企业的收费项目上看,有的地方各种收费(如城市基础设施配套费、商业网点费等)多达50多项。从收费比例上看,各项收费占销售收入的35%左右,相当于经营成本及费用的70%.收费过多,造成了多方面的消极影响:一是导致房地产的高成本和高价格,严重扭曲了房地产商品的真实价值,直接加重了消费者的负担;二是使房地产开发者和消费者都对政府行为的规范性和稳定性产生怀疑,从而影响房地产开发规模和房地产市场繁荣;三是抑制了真正意义上税收的培育和成长,“费大于税”的状况使得国家税收政策难以发挥其作为经济杠杆的调节作用;四是收费权力属于基层部门,较为分散,且缺少约束,容易形成一种竞争收费的态势,直接扭曲了收费的性质,变成了部门创收,更容易孳生腐败。”(引自: 《山东财政学院学报》2004年第2期 徐健文“关于完善我国房地产税制的思考”)
商品住宅差价:这个比较好解释,就是房子所在地理位置、楼层、朝向等因素会影响房价。
公式基本解释完了,我尝试代入数据,粗略测算一下房子的价格:
首先,说土地使用权费,这肯定是各地不一样,如果以大城市的郊区来看。45万元一亩应该不算贵,也不算太便宜。这样,我们可以计算出每平方米土地的价格。
考虑到一般要求绿化率30%,则实际用于建造房子的土地价格为:
450000/(1X666X70%)=965元/平方米
其次,说说住宅建造成本,住宅建造成本的构成很复杂,如果要详细计算,那我们得列出一个详细的建筑工程报价表,估计大家也无法看。好在北京和广州,有一般的经验数据,就是每平方米多层建筑的造价在1000元左右。
各项费用:这完全没有办法精确估计,大致在房价的10%吧,应该算低的了。
利润:也无法准确估计,但北京官方是建议按20%的利润预收房地产商的所得税的。因此,按房价的20%计算房地产商的利润是有官方依据的。
税金:这是最含糊的了。如果只谈狭义的房地产开发的税,主要是房价5.5%的营业税,房产说约1%/年。其他税就难计算了,总算10%吧。如果是广义的税到好办,可就按我国税收占GDP的比重,约为房价的25%。另外,官方的收费就只好按前面文献的研究超过,房价的30%了。考虑到我们只讨论发达地区的房价。而认为发达地区官府的廉洁程度高一些,把收费的比例降到25%。这样,我们理解狭义的税费为35%,广义的税费为50%。
商品住宅差价:题目是讨论穷人的买房,这一项价格因素,我们就免考虑了吧。希望穷人不认为我是在搞歧视。
现在,我们假设是在一亩地上建一栋8层的多层建筑(没有电梯),来计算一下房价M:
M=土地使用权费+住宅建造成本+各项费用+利润+税金=965/8+1000+M*10%+M*20%+M*35%
解方程得:M=(965/8+1000)/(1-10%-20%-35%)=3200元/平方米
这到比较符合广州郊区的房价水平。看来假设没有怎么错。就不知道是否符合北京郊区的房价水平了。哈哈!
做一些简单分析:
1. 假设开发商的费用不是控制在10%而是20%,则代入上面的方程,我们很容易求得,房价会升到4480/平方米。
2. 同理,如果开发商主动把利润降到10%,则房价会降到2500/平方米;如果开发商吃多了,完全不要利润,则房价会降到2040元/平方米。
3. 假如其他都按原方程条件,国家不征收狭义的税费(房地产开发环节),则房价会降到1600元/平方米
4. 假如其他都按原方程条件,而土地不要钱,则房价会降为2860/平方米。
5. 假如其他都按原方程条件,而土地费用和狭义税费都没有,则房价降到1430/平方米
6. 如果国家不收任何税费,即在5的基础上,连广义税费都不收(全环节的税都免),则房价降到1072/平方米
房子的单价已经有些眉目了,来看看一套房子的总价,官府已经有规定要早70平方米到90平方米的房子。按70平方米计算:
正常房价是:70X3200=22.4万/套
我不知道穷人是否觉得贵,反正我也没有觉得便宜。20%的首期,你需要准备约5万元才行,不要给我说4.48万就够了,你到银行按揭试一下就知道我说的没有错。
5万元是穷人几年的工资?广州据说有4、5百万所谓的农民工哦,平均工资1000元怎么样?两口子存一半的钱,也得4年才能凑齐,这期间还必须绝育。不然还要借钱养小孩,就不必说存钱了。还要老天保佑,不要生病。然后还得面对30年的每月1000左右的月供,看来得55岁后在生小孩了。希望到时能生得出来,而家中的父母就完全不能管了。
因此,穷人到底能不能买房子呢?要多少收入的才是穷人呢?据说:按国际贫困标准,一天一美圆的绝对贫困线,中国有一亿人在此以下。他们最高的月收入才只有240元人民币,又怎么存首期,怎么还月供呢?房价就算降到100元一平方米,他们能买起吗?
因此,穷人要住得起房子,只指望房价降还远远不够,还需要考虑更多:
1. 想法增加自己的收入,使自己变成不穷的人。
2. 国家把地还给人民,自己盖干打垒,茅草棚(事实上,贫困地区农民就是这样做的)。
3. 政府精简机构,降低行政成本。为穷人提供居屋和公屋(香港就有现成经验)
4. 租便宜的破房子住
5. 睡天桥下面
6. 政府大楼夜晚免费开放,为穷人提供住宿。
7. 开放社会慈善团体,让有良心道德的人为穷人提供住宿,免得他们总是在网上空喊。
通过以上分析,我们能明显得出下列结论:
1.房价受多方面因素制约。降房价不只是房地产商的责任,更是政府的责任,政府在税收、行政收费、资金供应和土地供应量及价格这四个方面垄断,对房价的操控远高过地产商。因此,政府对房价负有更大的责任。
2.专家学者都没有说真话,他们所谓的为“穷人”呼吁是假的,那些人并不是真正的穷人。只是想在城市买房子而没有买成的“准中产”。
3.真正的穷人就是房价降了也买不起房,因此政府和社会有责任解决他们的住房问题,由于中国没有民间慈善机构,这个任务就只好由政府独立承担了。
4.房价还是交由市场调控才对,要点是,政府不能垄断资金供应和土地供应,消除行政收费,减少税收。
5.经济问题可以通过算帐发现真相并寻求解决路径,而不必靠空喊道德口号来煽情。
贺卫方:大学之道:内地与香港
北大的校友薛涌先生最近提出,随着香港地区的大学进入内地招生,一些优秀的生源将逐渐分流,这样的竞争将会成为迫使北大清华沦为二流大学的一个因素。他的说法引发了媒体和网络的热烈争论。我觉得,无论如何,对于北大清华以及内地高校来说,薛先生的告诫是很值得重视的。不过,作为一个在北大任教的学者,我认为虽然存在着使内地大学“相形见绌”的可能,但香港的大学如果能够在一个更加合理的框架内与内地高校竞争,也完全可能成为提升而不是降低内地大学层次的因素。
实际上,从招生引起的这样的讨论应当拓展到更广泛的领域,让我们反思一下,内地大学在学术、教育以及管理制度等诸多层面上究竟存在着怎样的问题,如何改进我们的体制,以便使内地高校在这种竞争格局中不仅不沉沦,而且更上层次。这里不妨举出几个我作为教师感到最严重的问题,作点简要的讨论。
大学的官僚化问题。与香港以及台湾和国外许多大学相比,内地大学最严重的问题便是管理体制上的高度官僚化。这体现在大学领导层的官员性质,整个管理过程中的行政色彩,以及学者在决策中的边缘化。大学校长分为副部级和正厅级不过是这种官僚化的一个表征,整个大学中有官职者人数众多(某大学流行的说法:“校长一走廊,处长一礼堂,科长一操场”),公文成山,会议似海,官员们在决策以及资源分配上近水楼台,凡此种种,都使得大学更像是官场。官僚制使得大学之间无法展开个性上的竞争,官僚的特点只能是想方设法确保任期内不“出事”,任满后有一个更高的去处。我们观察一些西方国家,校长的教育哲学的差异便足以给大学的品格以不同的塑造,诸如洪堡对柏林大学的自由主义教育和学术观的奠定;艾略特在长达四十年的时间的校长任期里将其教育理念逐渐推行,最终使哈佛由一个地方性学院变成一个现代化的全国性的名校;年仅三十岁的哈钦斯在他的芝加哥大学校长任内(1929-1950)大刀阔斧地推进所谓“哈钦斯计划”,使得芝加哥大学成为二十世纪美国高等教育史上的一个奇迹(当然也充满争议,参看何炳棣:《读史阅世六十年》,页329-330)……反观我们的校长们,有多少人具有如此教育哲学?当然,我们知道,即便个别人有点雄心,恐怕也很难实施,因为按照我们的《高等教育法》,大学实行“党委领导下的校长负责制”!
开放程度。开放程度低下也许是制约内地大学在国际教育竞争中出类拔萃的最大瓶颈。香港的大学通常是在世界范围内选任教授以及管理者,同时在知识的向度上,也多以西方为取向目标。大体上,大学的语言以英文为主流,这无疑便利了国际间知识与思想的交流和信息的传递。同时,由于处在一个个人自由得到法律严格保障的社会里,大学可以很便利地获得世界各地的各种资讯。例如,那里不会有哪个网站被屏蔽,书店里销售着来自各国的学术和其他书籍,在通常情况下也不会因为某个课题被归类为“敏感问题”而不允许召开学术研讨会。我们这里的情况就很不同。说来难以置信,在北大这样的以“建设世界一流大学”相号召的学校里,教授们上网还受到校园网关的严格限制,上域外网站既费用不菲,又处处受阻(当然,屏蔽网站的不是大学)。前一段时间,我很想对于美国主流媒体对于中国法治改革的报道(例如,《纽约时报》刚刚获普利策奖的系列报道)作些分析,都是,市面上既买不到这类报纸,上网查,每一个相关网站都打不开,可谓一筹莫展。在这种环境下,大学能够成为一流,那才是咄咄怪事。
学术自由。学术自由指的是教师和学生在免于法律、机构规章以及公众压力不合理干预或限制的情况下从事教授、学习以及探索知识和进行研究的自由。在教师这方面,学术自由包括可以探讨任何引起他们求知兴趣的课题;可向他们的同事、学生以及公众发表他们的成果;可以出版他们搜集的资料和研究的结论而不受限制和审查;可用他们认为合适的方式进行教学。内地与香港之间在大学学术自由空间方面的差异也许可以通过发生在2000年香港大学的锺庭耀事件清楚地显示出来。
私立大学。与西方国家的情况不同,东方国家的一流大学通常多为国立或公立大学,但是像日本、韩国以及台湾、香港都有很具活力与个性的私立或教会大学,例如早稻田、延世、东吴等,它们可以发展独具特色的教育模式,可以在一个平等的平台上与国立及公立大学展开竞争。这种教育的竞争格局本身就促使国立大学不敢松懈,积极进取,否则便会受到来自民意机关、舆论以及纳税人的巨大压力。其实,在1952年之前,我们也有相当好的私立或教会大学。在法律教育界著名的“南东吴,北朝阳”,东吴大学是教会学校,她的法学院在三四十年代乃是整个东亚最好的法学院;朝阳学院是私立大学,在法律教育上也是成就卓著。另外,还有著名的私立南开大学、教会办的燕京大学等等。但是,1952年院系调整的结果,私立全改国立,教会大学一律停办,大学都成为国家所有,至今仍然没有一所真正的正规私立大学。在这样的环境里,大学之间又如何开展竞争?没有了竞争,想办一流大学最多也只能是知其不可而为之了。
教育内容。一位朋友有一个学习很好的孩子,去年考取了港大。他跟我解释为什么为孩子选择港大——“尽管本科学制只有三年,但是,老贺,那里教和学的内容可全是干货啊!”我无言以对。
2006-7-17