Literary narratives are well recognised for their power to foster engagement with complex social themes. Transmedia narratives, which present the same story in different media, can help advance both critical multimodal discourse studies and multiliteracies pedagogies. To harness this potential, we need to develop methods for systematically relating media affordances to discourse-semantic patterns and the broad social themes these patterns construct in narratives, and ensure these methods build on the knowledge learners bring to the classroom. This article introduces a social (...) semiotic method for analysing transmedia narratives and illustrates its ability to reflect the persuasive power of narrative and build on young children's critical multimodal awareness. This is achieved through a case study comprising data from three adaptations of the same award-winning narrative - animated film (Joyce, W. (Producer), Joyce, W., & Oldenburg, B. (Directors) (2011). The fantastic flying books of Mr Morris Lessmore [Motion Picture]. Moonbot Studios), interactive app (Moonbot Studios. (2011). The fantastic flying books of Mr Morris Lessmore (Version 1.4). [Mobile Application Software]), and traditional-format picture book (Joyce, W. (2012). The fantastic flying books of Mr Morris Lessmore. Illustrations by William Joyce and Joe Bluhm. Moonbot Books) - and mother-child interactions with the book and the app. (shrink)

Introduction -- The application of functional linguistics to film -- Cohesion in film -- Analysing action patterns in film -- Conclusion.

Name der Zeitschrift: Semiotica Jahrgang: 2016 Heft: 210 Seiten: 129-149.

I defend a new conception of the particular-universal distinction based on considerations about what David Lewis calls ‘amphibians’. I argue, first, that given the possibility of amphibians, two recently popular conceptions of the particular-universal distinction, namely the repeatability conception and the duplicability conception, are both objectionable since they are biased in one way or another. I then propose a more flexible conception that solves this problem by regarding amphibians as belonging to a sui generis sort of property distinct from what (...) I call ‘strong universals’ and ‘strong tropes’. Finally, I respond to some objections directed at this new account. (shrink)

Although capital punishment has been gradually disappearing from liberal democracies, philosophers remain divided as to its permissibility. The first part of this chapter considers arguments in favor of retention and abolition, with particular attention to recent contractualist arguments. I then consider the United States Supreme Court’s incrementalist approach, under the rubric of “evolving standards of decency.” On this view, the Constitution is limited to sweeping up stragglers; like Minerva’s owl, the Constitution announces a philosophy of punishment only in hindsight. The (...) final section draws on Feinberg’s suggestion that punishment reflects a society’s particular “symbols of infamy.” A society may come to rethink its symbols of infamy, such as capital punishment, but that is unlikely to be because philosophical argument has silenced all reasonable doubt. (shrink)

The rapidly increasing role of automation throughout the economy, culture and our personal lives has generated a large literature on the risks of algorithmic decision-making, particularly in high-stakes legal settings. Algorithmic tools are charged with bias, shrouded in secrecy, and frequently difficult to interpret. However, these criticisms have tended to focus on particular implementations, specific predictive techniques, and the idiosyncrasies of the American legal-regulatory regime. They do not address the more fundamental unease about the prospect that we might one day (...) replace judges with algorithms, no matter how fair, transparent, and intelligible they become. The aim of this paper is to propose an account of the source of that unease, and to evaluate its plausibility. I trace foundational unease with algorithmic decision-making in the law to the powerful intuition that there is a basic moral and legal difference between showing that something is true of many people just like you and showing that it is true of you. Human judgment attends to the exception; automation insists on blindly applying the rule. I show how this intuitive thought is connected to both epistemological arguments about the value of statistical evidence, as well as to court-centered conceptions of the rule of law. Unease with algorithmic decision-making in the law thus draws on an intuitive principle that underpins a disparate range of views in legal philosophy. This suggests the principle is deeply ingrained. Nonetheless, I argue that the powerful intuition is not as decisive as it may seem, and indeed runs into significant epistemological and normative challenges. At an epistemological level, I show how concerns about statistical evidence's ability to track the truth can be resolved by adopting a probabilistic, rather than modal, conception of truth-tracking. At a normative level, commitment to highly individualized decision-making co-exists with equally ingrained and competing principles, such as consistent application of law. This suggests that the “rule of law” may not identify a discrete set of institutional arrangements, as proponents of a court-centric conception would have it, but rather a more loosely defined set of values that could potentially be operationalized in multiple ways, including through some level of algorithmic adjudication. Although the prospect of replacing judges with algorithms is indeed unsettling, it does not necessarily entail unreasonable verdicts or an attack on the rule of law. (shrink)

We conducted this study in order to understand the extent to which Taiwanese social studies teachers are prepared to grapple with controversial issues in their classrooms. To do so, we employed a curricular-instructional gatekeeping framework to make meaning of teacher decisions and the contexts in which they work. We conducted semi-structured interviews with 18 preservice teachers and five university professors of teacher education in Taiwan. The findings suggest that writ large, social studies education in Taiwan is largely social science education (...) and within this context, preservice teachers have variable conceptualizations of controversial issues which are shaped by a wide variety of external forces that ultimately serve to undermine enactment of discussion. (shrink)

An influential strain in the literature on state punishment analyzes the permissibility of punishment in exclusively deontological terms, whether in terms of an individual’s rights, the state’s obligation to vindicate the law, or both. I argue that we should reject a deontological theory of punishment because it cannot explain what is unjust about mass incarceration, although mass incarceration is widely considered—including by proponents of deontological theories—to be unjust. The failure of deontological theories suggests a minimum criterion of adequacy for a (...) theory of punishment: it must take aggregation sufficiently seriously that it returns plausible results when scaled up from individual cases to large public institutions. In this vein, I briefly sketch a prioritarian metric for evaluating the use of custodial sanctions as a means of creating and allocating social advantage. (shrink)

In this paper, I defend a deflationary account of proportionality, which suggests that proportionality does not explain anything valuable about a system of punishment. Proportionality, rather, is a conventional means for presenting judgments about whether punishment fits the crime. A system of punishment is proportionate to the degree that it coheres with widely shared norms about punishment. There are many reasons such coherence could be valuable, not all of which are retributive. Hence, while on a deflationary view it may be (...) important for a system of punishment to be proportionate, proportionality does not identify a uniquely important retributive value. I motivate the argument for a deflationary account of proportionality by canvassing some of the problems associated with both relative and absolute proportionality and examining how both legal theorists and courts have actually used the concept. I focus on the work of Doug Husak, and the jurisprudence of the Supreme Court of Canada. (shrink)

This paper offers a critical reconsideration of the traditional doctrine that responsibility for a crime requires a voluntary act. I defend three general propositions: first, that orthodox Anglo-American criminal theory fails to explain adequately why criminal responsibility requires an act. Second, when it comes to the just definition of crimes, the act requirement is at best a rough generalization rather than a substantive limiting principle. Third, that the intuition underlying the so-called “act requirement” is better explained by what I call (...) the “practical-agency condition,” according to which punishment in a specific instance is unjust unless the crime charged was caused or constituted by the agent's conduct qua practically rational agent. The practical-agency condition is defended as a reconstruction of what is worth retaining in Anglo-American criminal law's traditional notion of an “act requirement.”. (shrink)

The United States Supreme Court has repeatedly insisted that what distinguishes a criminal punishment from a civil penalty is the presence of a punitive legislative intent. Legislative intent has this role, in part, because court and commentators alike conceive of the criminal law as the body of law that administers punishment; and punishment, in turn, is conceived of in intention-sensitive terms. I argue that this understanding of the distinction between civil penalties and criminal punishments depends on a highly controversial proposition (...) in moral theory – namely, that an agent’s intentions bear directly on what it is permissible for that agent to do, a view most closely associated with the doctrine of double effect. Therefore, legal theorists who are skeptical of granting intention this kind of significance owe us an alternative account of the distinctiveness of the criminal law. I sketch the broad outlines of just such an alternative account – one that focuses on the objective impact of legislation on a class of protected interests, regardless of the state’s motivations in enacting the legislation. In other words, even if the concept of punishment is unavoidably intention-sensitive, it does not follow that the boundaries of the criminal law are likewise intention-sensitive, because the boundaries of the criminal law may be drawn without reference to the concept of punishment. I conclude by illustrating the application of this view to a pair of well-known cases, and noting some of its ramifications. (shrink)

Philip Pettit’s conception of freedom as nondomination is modally robust in that it requires not simply reducing the probability of uncontrolled interference by others but entirely eliminating that possibility. In this article, I consider whether freedom as nondomination provides an attractive analysis of official discretion, particularly in the context of the criminal law, an area of recurring interest for Pettit. I argue that not only does the modally robust character of freedom as nondomination have some rather unattractive implications in the (...) criminal law, but that it sits poorly with Pettit’s more general ambitions to provide a consequentialist framework for the evaluation of social institutions. Drawing on recent work by Niko Kolodny, I develop an ‘anti-deference’ interpretation of nondomination and contrast it to Pettit’s modally robust conception. (shrink)

Recent evidence from the social neuroscience of empathy suggests that there is core neural circuitry underlying empathy in humans, and important roles for top—down and bottom—up processes in the production and regulation of empathic experience. Less well understood is how cultural and genetic forces give rise to empathy and prosocial behavior within and across groups. Here I argue that culture-gene coevolutionary theory may play an important role in understanding how and when empathy is experienced, and that future research in cultural (...) neuroscience is needed to understand how cultural and genetic factors shape empathic neural response. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Response to Leonard Tan and Mengchen Lu, “‘I Wish to Be Wordless’: Philosophizing Through the Chinese Guqin.”Chiao-Wei Liu“I wish to be wordless” connects Chinese philosophical thinking to music education at large. Through discussions of values associated with the Chinese instrument guqin, Leonard Tan and Mengchen Lu exemplified “how music serves as ‘Truth tool’ in the Chinese philosophical tradition.” Specifically, the authors explored four ideas: “Search for Truth” (求真), (...) “Search for Harmony” (求和), “Search for Ethical Awakening” (求覺), and “Search for Sagehood” (求聖). These ideas embody insights from three major Chinese philosophical traditions: Confucianism, Daoism, and Buddhism. Time prevents me from exploring the complex issues related to the interpretation and translation of classical Chinese texts, but I will attempt to focus on some of the authors’ arguments and how they relate to the practice of music learning and teaching in the classroom.1Quoting Confucius in their article title, Tan and Lu called attention to the suspicion of language found in the conversation between Confucius and his disciple. Extending the argument, the authors referred to Daoist philosophers and argued that although language can transmit wisdom, words remain limited in their ability to capture “the grand unity of the whole” and thus can “detract us [End Page 199] away from Truth.” Tan and Lu suggested that music, unlike language, serves as a truth “tool” and allows one to arrive at the Dao (Truth). Truth is conceived as a way of understanding the world, “a universal order, a new world perspective....” I agree with the authors about the limitations of language in capturing the complexity of human experiences, yet I am perplexed at how Truth is interpreted throughout the article.For example, in their discussion of “Search for Truth,” Tan and Lu related the art of playing the guqin to the Buddhist notion of mingxin jianxing (明心見性), clearing the heart-mind, seeing the inner-self, and locating Truth within the guqin player. Truth here is framed as good moral qualities residing within one’s innermost self (xing 性). Based on Li Zhi’s argument, Tan and Lu stated that “since a guqin player is all about her heart-mind and one’s music is all about the musician, music is the heart-mind of the musician.” Assuming that the heart-mind of the guqin player and the music are one, Tan and Lu suggested that when music and the musician’s innermost self are in sync, the musician may be able to attain spiritual Enlightenment. The example of Chopin’s Nocturne Op. 9, no. 1 helps readers learn that Truth does not reside within the performer or the music, but is located in the space where the two are in sync: “An ‘authentic’ performance of Chopin is one that is not only ‘true’ to Chopin and the stylistic conventions of his times, but also ‘true’ to the performer’s innermost being.”While Tan and Lu’s argument places Truth in both music and the innermost self (xing) of the performers, herein lies an assumption that qualities aligned with the music are ethically good, whereas those that differ are not. The search for Truth is thus a task of refusing any potential influence by “unethical thoughts” in order to stay true to the music. Recognizing the existing norms guiding various music traditions, I wonder how ethical and unethical thoughts are understood in music classrooms. As a music teacher, if unethical thoughts are interpreted as materials and expressions that are different or irrelevant to the music work, how do music teachers make sense of students’ feelings—whether they are the longing for a sense of belonging in the school ensemble or the desire to excel in certain aspects of school life? Are these feelings or desires “unethical” because they are separate from the musical work? If all acts dedicated to the faithful representation of the music work are considered ethical, how about the different needs of different students?Furthermore, in describing “Search for Ethical Awakening,” Tan and Lu stated that music written for the guqin is often associated with moral stories. Learning about the stories associated with music would be mandatory for performers to be morally and spiritually attuned to the composer. While I agree with the authors... (shrink)

Anglo-American criminal law traditionally demands a criminal purpose for an attempt conviction, even when the crime attempted requires only foresight or recklessness. Some legal philosophers have defended this rule by appeal to an alleged difference in the moral character or intentional structure of intended versus non-intended harms. I argue that there are reasons to be skeptical of any such differences; and that even if conceded, it is only on the basis of an unworkable view of criminal responsibility that such a (...) distinction would support a rule restricting attempts to criminal purpose. I defend instead the continuity thesis, according to which attempts are functionally continuous with endangerment offenses: both are legal efforts to regulate unreasonably dangerous conduct. The upshot of the continuity thesis is that there is little substantive difference between attempt and endangerment in principle, no matter how they are labeled in law. (shrink)

Freely falling point-like objects converge toward the center of the Earth. Hence the gravitational field of the Earth is inhomogeneous, and possesses a tidal component. The free fall of an extended quantum mechanical object such as a hydrogen atom prepared in a high principal-quantum-number state, i.e. a circular Rydberg atom, is predicted to fall more slowly than a classical point-like object, when both objects are dropped from the same height above the Earth’s surface. This indicates that, apart from transitions between (...) quantum states, the atom exhibits a kind of quantum mechanical incompressibility during free fall in inhomogeneous, tidal gravitational fields like those of the Earth.A superconducting ring-like system with a persistent current circulating around it behaves like the circular Rydberg atom during free fall. Like the electronic wavefunction of the freely falling atom, the Cooper-pair wavefunction is quantum mechanically incompressible. The ions in the lattice of the superconductor, however, are not incompressible, since they do not possess a globally coherent quantum phase. The resulting difference during free fall in the response of the nonlocalizable Cooper pairs of electrons and the localizable ions to inhomogeneous gravitational fields is predicted to lead to a charge separation effect, which in turn leads to a large Coulomb force that opposes the convergence caused by the tidal gravitational force on the superconducting system.A “Cavendish-like” experiment is proposed for observing the charge separation effect induced by inhomogeneous gravitational fields in a superconducting circuit. The charge separation effect is determined to be limited by a pair-breaking process that occurs when low frequency gravitational perturbations are present. (shrink)

We are of the opinion that there is also identity between erroneous thinking and existence. Our opinion is based on the following facts.

Ribosomal RNA transcription was one of the first model systems for molecular characterization of a transcription regulatory mechanism and certainly one of the best studied in the widest range of organisms. In multicellular organisms, however, the issue of cell‐type‐specific regulation of rRNA transcription has not been well addressed. Here I propose that a systematic study of cell‐type‐specific regulation of rRNA transcription may reveal new regulatory mechanisms that have not been previously realized. Specifically, issues concerning the cell‐type‐specific requirement for rRNA production, (...) the universality of Pol I transcription complex and the division of rDNA into regulatory subdomains are discussed. BioEssays 28: 719–725, 2006. © 2006 Wiley Periodicals, Inc. (shrink)

We reconsider the consequences of the observed violations of Bell's inequalities. Two common responses to these violations are (i) the rejection of realism and the retention of locality and (ii) the rejection of locality and the retention of realism. Here we critique response (i). We argue that locality contains an implicit form of realism, since in a worldview that embraces locality, spacetime, with its usual, fixed topology, has properties independent of measurement. Hence we argue that response (i) is incomplete, in (...) that its rejection of realism is only partial. (shrink)

Scholars of critical algorithmic studies, including those from geography, anthropology, Science and Technology Studies and communication studies, have begun to consider how algorithmic devices and platforms facilitate democratic practices. In this article, I draw on a comparative ethnography of two alternative open-source algorithmic platforms – Decide Madrid and vTaiwan – to consider how they are dynamically constituted by differing algorithmic–human relationships. I compare how different algorithmic–human relationships empower citizens to influence political decision-making through proposing, commenting, and voting on the urban (...) issues that should receive political resources in Taipei and Madrid. I argue that algorithmic empowerment is an emerging process in which algorithmic–human relationships orient away from limitations and towards conditions of plurality, actionality, and power decentralisation. This argument frames algorithmic empowerment as bringing about empowering conditions that allow (underrepresented) individuals to shape policy-making and consider plural perspectives for political change and action, not as an outcome-driven, binary assessment (i.e. yes/no). This article contributes a novel, situated, and comparative conceptualisation of algorithmic empowerment that moves beyond technological determinism and universalism. (shrink)

This paper seeks to bypass assumptions that researchers in critical algorithmic studies and urban studies find it difficult to study algorithmic systems due to their black-boxed nature. In addition, it seeks to work against the assumption that advocating for transparency in algorithms is, therefore, the key for achieving an enhanced understanding of the role of algorithmic technologies on modern life. Drawing on applied assemblage thinking via the concept of the urban assemblage, I demonstrate how the notion of urban assemblage can (...) work as an alternative way to explore the distributed and potential dimensions of what has been termed as Urban AI phenomena. Rather than seeing Urban AI phenomena as black-boxed, unknown and opaque, the notion of urban assemblage locates such entities within the wider contests of the city: urban places, communities and politics, where human-algorithmic relationships gather and disperse. In addition, this approach focuses on the potentialities of Urban AI phenomena—how algorithmic systems can operate differently through different aspects of the city—which can be seen to manifest new forms of resistance, collective actions and democracy. I use a case study of an algorithmic system designed to facilitate digital democracy—vTaiwan—to exemplify how assemblage methodology foregrounds the role of cities as spaces and places for exploring the democratic possibilities of algorithmic systems. This paper concludes with discussion of how the assemblage methodology contributes to serve as a bridge between critical algorithm studies and recent studies of platform urbanism. (shrink)

This study investigates the cognitive-pragmatic motivations for the emergence of a genre of health communication called Patient Decision Aid. It elucidates genre as struggle, i.e. how the emerging genre exemplifies various struggles on three strata: the difficulties facing patients, doctors, and health providers at practice level; the changes anticipated to take place at discourse level; and the tensions in the pragmatics-cognition-society nexus. Particularly illustrated here are five struggles that characterize changes or breakthroughs that PDAs are anticipated to make. It suggests (...) that the five struggles roughly correspond to five principles for genre theory proposed by Berkenkotter and Huckin, with some modification of the latter. It also illustrates that genre intervenes in the complexity between social issues and social cognition and that PDAs as a new genre involve restructuring, reshaping and redesigning the key discourse facets. Based on examples of Chinese-language PDAs officially released in Taiwan and on information from health professionals, policy makers, and PDA developers, this study contributes empirical evidence toward a better understanding of an emerging genre. (shrink)

This study addresses Chinese discourse creativity in product discourse within Taiwan’s creative industries. Product discourse not merely introduces creative products but also does it creatively. Based on a corpus of 20 examples, this paper proposes the notion of creative force, a chain of acts contributing to discourse creativity, and argues that five types of acting work together in the design of creativity exemplified in such discourse. They are acts of telling or invoking a story, constructing identity and stance, making multiple (...) meanings, blending, and performing culture. This paper also investigates metapragmatic performance in relation to creative force, i.e., how creative discourse which performs creative force is made possible and acceptable in society. Three metapragmatic aspects are under scrutiny: shared knowledge, metalinguistic awareness, and indexicality. All in all, this study aims to further substantiate our understanding of creativity and discourse in pragmatic and metapragmatic terms. (shrink)

Violence has been linked to the co-occurrence of cognitive dysfunction and altered activations in several brain regions. Empirical evidence demonstrated the benefits of acute exercise on motor inhibition and error detection and their neuronal processing. However, whether such effects also hold for the population with violent behaviors remains unknown. This study examined the effects of acute aerobic exercise on inhibitory control and error monitoring among violent offenders. Fifteen male violent offenders were counterbalanced into experimental protocols, which comprised a 30-min moderately (...) aerobic exercise [60% heart rate reserve] and a 30-min reading control session. After each session, participants performed an emotional stop signal task while event-related potentials were recorded simultaneously. Results showed insignificant changes in ERPs components [i.e., N2, P3, error-related negativity, and error-positivity amplitudes] and the behavioral performance in go condition, stop accuracy, and post-error adjustments by exercise. However, the current study demonstrated that the acute exercise facilitated stop signal reaction time when compared to the control session regardless of emotional conditions. This is the first research to exhibit the improvements in inhibitory performance by acute exercise for violent offenders. Most importantly, this effect was independent of affective settings, expanding the existing knowledge of the influences of acute exercise on cognition. Our findings implicate the perspective of acute exercise for clinical and correctional practices. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Response to Chiao-Wei Liu, "Response to Leonard Tan and Mengchen Lu, 'I Wish to be Wordless': Philosophizing through the Chinese Guqin," Philosophy of Music Education Review 26, no. 2 (Fall, 2018): 199–202Leonard Tan and Mengchen LuChiao-Wei Liu's response to our paper raised important issues regarding the translation and interpretation of Chinese philosophical texts, our construals of Truth and ethical awakening, differences between the various Chinese philosophical traditions, and (...) the importance of recognizing students' selves as music educators work with them through diverse musical traditions. In this paper, we respond to each of these issues in turn.Liu rightly pointed out that the translation and interpretation of classical Chinese texts is complex. To support her argument, she cited a phrase from the [End Page 210] Zhuangzi that was quoted in our paper ("The fish trap exists because of the fish; once you've gotten the fish, you can forget the trap") and noted that it has often been used "to attribute to one's ungrateful attitude after receiving help from others."1 Taken on its own as a standalone, this reading appears plausible. Our interpretation, however, takes into account the quote in its original context:荃者所以在魚，得魚而忘荃；The fish trap exists because of the fish; once you've gotten the fish you can forget the trap.蹄者所以在兔，得兔而忘蹄；The rabbit snare exists because of the rabbit; once you've gotten the rabbit, you can forget the snare.言者所以在意，得意而忘言。Words exist because of meaning; once you've gotten the meaning, you can forget the words.吾安得忘言之人而與之言哉？Where can I find someone who has forgotten words so I can talk with the person?"2In each of the first three phrases, there are six characters followed by five. This pattern indicates that the first three phrases should be read as a whole rather than independently, which then lead to the final phrase–the playful climax which reveals that Zhuangzi's purpose here is to discuss language. The fish trap and rabbit snares are metaphors for words, while the fish and the rabbit are metaphors for meaning. Each of the first three phrases convey the same idea that if we get overly hung up on the means (that is, the fish trap, the rabbit snare, and words), we will never get to the Dao. Taken as a whole, the passage conveys the idea of words being mere means to the Dao, rather than the Dao itself, which supports the central theme of our paper: Philosophizing without words. Indeed, as Liu noted, the translation and interpretation of Chinese philosophical texts is a complex one, to which we add the importance of context.In our paper, we drew on the Buddhist notion of mingxin jianxing (明心見性) to explain how a guqin player quietly and meditatively clears her heart-mind before playing the instrument so that she can search for Truth within and discover her innermost self. Extending and adapting our ideas for contemporary music education, we proposed that music education is not just an outward journey to learn about composers, but also an inward one to learn about the self. Liu's construal of our work as claiming that "Truth does not reside within the [End Page 211] performer or the music, but is located in the space where the two are in sync" and also that "qualities aligned with the music are ethically good, whereas those that differ are not"3 extend our writing in ways we did not intend. Quite on the contrary, we agree with Liu that different students have different needs, hence our proposition for students to search inwards and discover themselves.In like vein, we agree with Liu that "when music learning becomes a means of assimilating toward one prescribed/predetermined standard, regardless of students' lived realities or how they make sense of the world, teaching then ceases to be moral."4 As noted in our paper, we are not in favor of a standards-based approach to music education that is rigid; similarly, we do not advocate the prescription of moral standards. The moral stories associated with the guqin tradition are heuristic; they aim to inspire ethical awakening, not to impose moral standards, and are therefore neither mechanistic nor to be... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Confucian Liberalism: Mou Zongsan and Hegelian Liberalism by Roy TsengMilan Matthiesen (bio)Confucian Liberalism: Mou Zongsan and Hegelian Liberalism. By Roy Tseng. Albany: SUNY Press, 2023. Pp. 405. Hardcover $95.00, isbn 978-1-4384-9111-0.With Confucian Liberalism, Roy Tseng sets a new landmark in the contemporary discourse on Confucian political theory. His intricate account of the political philosophy of Mou Zongsan 牟宗三 (1909–1995) and other New Confucian philosophers, in conjunction (...) with his study of T.H. Green's (1836–1882) and other British idealists' liberalism, offer a fresh and novel approach to Confucianism and liberalism alike. Throughout the eight chapters of his book, Tseng develops the concept of "Confucian liberalism." This concept stays faithful to civil liberties, but grounds democracy on an ethics of self-realization and a perfectionist ideal of the state, "where the government helps the people to 'attain accomplishment according to the individual's nature' (jiu geti er shuncheng 就個體而順成)" (p. 125). On the one hand, this framework attempts to circumvent the overbearing tendencies of traditional Confucianism, whose moral imperatives had prohibited the development of an independent sphere of politics. On the other hand, it reintroduces the Confucian concept of humaneness (ren 仁) as an answer to the lack of common meaning in modern societies. On the one hand, Tseng therefore dissociates himself from anti-Confucian liberals such as Yin Haiguang 殷海光 (1919–1969) or Zhang Foquan 張佛泉 (1907–1994), who had proclaimed the incompatibility of Confucianism and liberal values. On the other hand, he also differentiates himself from what he calls "antiliberal Confucians." Especially recently, the latter have attracted much attention by proposing a political vision opposed to the perceived foreign and "Western" concept of liberalism. Under labels such as "political Confucianism" (Jiang Qing 蔣慶), "socialist Confucianism" (Chen Lai 陳來), "politics of benevolence" (Kang Xiaoguang 康曉光), "Confucian meritocracy" (Bai Tongdong 白彤東), or "Confucian political perfectionism" (Joseph Chan 陳祖為), they have had a profound impact on the discourse of Confucian political theory. Turning toward the [End Page 1] political works of Mou Zongsan and the British idealists, Tseng neither advocates for the inherent elitism and anti-Western sentiments of antiliberal Confucianism, nor does he fully subscribe to the radically iconoclast ideals of the anti-Confucian liberals who had denied all value of tradition and saw Confucianism as a mere obstacle toward a modernized China. Another aspect of Tseng's study that stands out from the current field of research on Mou Zongsan is his reading of Mou's conceptual framework through the lens of Hegel. While many prominent researchers, e.g. Li Minghui 李明輝, point toward Mou's reliance on Kantian ideas and concepts, Tseng convincingly argues that Mou's appropriation of the idealist framework, as well as many concepts utilized by Mou, are fundamentally Hegelian, therefore warranting a shift in perspective. Confucian Liberalism is subdivided into three parts and eight chapters. Part I, titled "Confucian Ethics," introduces the reader to Mou Zongsan's moral philosophy by providing a comparative analysis of Mou, Kant, Hegel, and the British idealists, primarily represented by T.H. Green and F.H. Bradley (1846–1924). In part II, "Civil Liberalism," Tseng then moves on to elaborate on the New Confucian view of politics. Here, he pays close attention to Mou's revaluation of Confucian politics through the Hegelian framework, the notion of "civility," and the concept of "humane government." Turning again to Mou and Green, the final part, "Perfectionist Liberalism," presents the political vision of a democratic state underpinned by a strong belief that the primary task of the state is to provide an environment for the individual citizens that allows them to fully realize their moral capabilities. The third part further argues that the values upheld by New Confucianism not only do not contradict the liberal values of human dignity, tolerance, and equal respect, but are in fact able to lay a moral foundation for modern democracies that is able to overcome the weaknesses of mainstream liberalism, manifested in atomism, nihilism, and egoism. Chapter 1 introduces the reader to the core principles and concepts of Mou Zongsan's moral metaphysics. Following Mou's own approach, Tseng applies a comparative method in this introductory chapter, meticulously delineating the varying philosophical influences that shaped Mou's... (shrink)

Offers a renovated form of Confucian liberalism that forges a reconciliation between the two extremes of anti-Confucian liberalism and anti-liberal Confucianism.

While many philosophers of law spend their careers exploring the warrens of a single neighbourhood within the sprawling cities of the philosophy of law, Larry Alexander has rambled widely, exploring obscure alleyways and dense downtowns, making significant and influential contributions along the way. The volume under review, a Festschrift in his honour, draws from a correspondingly wide range of areas of scholarship, from the philosophy of criminal law and punishment to constitutional law, from analytic jurisprudence to moral philosophy. Thus, given (...) the breadth and depth of Alexander’s influence, this volume provides a partial snapshot of some of the major preoccupations of American legal theory over the last few decades. In light of the breadth of topics considered, as well as its substantial length—the book includes twenty‐two papers, an introduction by Heidi Hurd, the editor, and a substantial reply by Alexander—my discussion is selective and evocative, rather than comprehensive and detailed. All the more so, as many of the papers are important contributions in their own right that merit close scrutiny. (shrink)

Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander, by HeidiHurd, ed. Cambridge: Cambridge University Press, 2019. Pp. xxvi + 488.

The traditional distinction between retributive and distributive justice misconstrues the place of the criminal law in modern regulatory states. In the context of the regulatory state, the criminal law is a coercive rule-enforcing institution – regardless of whether it also serves the ends of retributive justice. As a rule-enforcing institution, the criminal law is deeply implicated in stabilizing the institutions and legal rules by means of which a state creates and allocates social advantage. As a coercive institution, the criminal law (...) requires justification as an instance of legitimate state authority. The operation of criminal justice institutions should therefore not be evaluated by reference to a distinct set of criteria, but should be evaluated by the same criteria that apply to coercive public institutions generally. (shrink)