This Essay examines debates surrounding Qu Tongzu's ‘Confucianization of law’ theory. Qu's theory claims that Chinese law underwent a process of ‘Confucianization’ starting in the Han dynasty (202 BC–220 AD) and ending and culminating in the Tang dynasty (618–907), where the Confucian concept of li and other Confucian moral teachings were introduced and incorporated into the written law. I argue that Qu's theory should be properly characterised as a theory of descriptive jurisprudence and also a form of the mirror thesis. (...) In light of this characterisation, this Essay then lays out the possible counterarguments that could be raised against Qu's theory and then situates existing scholarship in the debate in these categories. I then test Qu's theory using a case study about kinship concealment in traditional Chinese law The Essay then concludes by urging that the debate should include more jurisprudential approaches. (shrink)

Discusses Anglo-American capitalism, exemplified by the commercial and financial systems of Wall Street and the City of London and including the ethics of the stock market, the morality of takeovers, and the problem of business and the environment.

Humor and social dilemmas are two disparate areas that have been linked to emotions. However, they tend to have been studied apart from considerations of emotion and emotional expression. We provide an overview of how such areas might be illuminated by Vigil's socio-relational framework, and how capacity and trustworthiness are communicated in humor and social dilemmas.

A critical survey of the major philosophical arguments that have been used to justify the institutions and policies of contemporary welfare states considers the claims of rights theory, egalitarianism, and citizenship and communitarian doctrines. It finds that these arguments are both internally confused and inconsistent with conventional welfare policies. It is argued that the welfare state itself has serious ambiguities: it claims to cater for the needy, as part of its ?public good?; obligations, yet in practice it delivers a range (...) of private goods, e.g., health, housing, education and pensions, often irrespective of need. Yet classical liberal theories of state welfare, which favor simple cash payments, are flawed in theory and potentially costly in practice, while neocon?servative theories, by imposing ?values?; on welfare recipients, undermine liberal pluralism. The author concludes that welfare philosophy should be concerned with two neglected areas: the possibility that welfare be provided outside the familiar market and state categories, and the construction of constitutional rules to prevent the middle?class ?capture?; of existing welfare states. (shrink)

First published in 1987. Towards the end of the twentieth century there was a resurgence of thinking about politics, economics and society referred to variously as the 'New Right', the radical right, neo-conservatism, economic liberalism or libertarianism. Although the New Right is not a single coherent movement it represented a clear alternative to the prevailing social-democratic consensus and had had considerable influence on government policy in both America and Britain. This book presents an introductory survey of the New Right worldwide. (...) It examines the varieties of free-market and 'monetarist' economic thought and introduces the reader to the public-choice critique of public policy. In political philosophy the book analyses American and British conservative thought and compares conservatism with neo-liberalism. The author pays particular attention to the New Right's analysis of constitutionalism and its critique of the dominance of 'politics' over 'economics' during the high-point of the consensus period. The author assesses the success which the different schools of the New Right have had in influencing public opinion and in the formation of government policy. He does not argue for or against the New Right but presents a dispassionate survey from which the reader can draw his or her own conclusions. (shrink)

Journalists covering the 2007 shootings at Virginia Tech aggravated the trauma felt by victims' families and survivors, raising ethical questions about the role of media at major news events in an Internet-enabled era of continuous coverage. Some journalists breached professional norms by knocking on doors at 6 a.m., claiming a hidden camera was a breast pump and bullying reluctant interviewees. Even conscientious journalists, however, exacerbated the ordeal through their overabundance. By forcing survivors to endure repetitious interviews and making mourners feel (...) they were being stalked, journalists demonstrated they must embrace press pools to minimize harm in the future. (shrink)

The savanna theory of happiness proposes that, due to evolutionary constraints on the human brain, situations and circumstances that would have increased our ancestors’ happiness may still increase our happiness today, and those that would have decreased their happiness then may still decrease ours today. It further proposes that, because general intelligence evolved to solve evolutionarily novel problems, this tendency may be stronger among less intelligent individuals. Because humans are a diurnal species that cannot see in the dark, darkness always (...) represented danger to our ancestors and may still decrease our happiness today. Consistent with this prediction, the analysis of the National Longitudinal Study of Adolescent to Adult Health (Add Health) data shows that exposure to sunlight was associated with happiness but the association was significantly weaker among more intelligent individuals. (shrink)

The study of cultural evolution has taken on an increasingly interdisciplinary and diverse approach in explicating phenomena of cultural transmission and adoptions. Inspired by this computational movement, this study uses Bayesian networks analysis, combining both the frequentist and the Hamiltonian Markov chain Monte Carlo (MCMC) approach, to investigate the highly representative elements in the cultural evolution of a Vietnamese city’s architecture in the early 20th century. With a focus on the façade design of 68 old houses in Hanoi’s Old Quarter (...) (based on 78 data lines extracted from 248 photos), the study argues that it is plausible to look at the aesthetics, architecture, and designs of the house façade to find traces of cultural evolution in Vietnam, which went through more than six decades of French colonization and centuries of sociocultural influence from China. The in-depth technical analysis, though refuting the presumed model on the probabilistic dependency among the variables, yields several results, the most notable of which is the strong influence of Buddhism over the decorations of the house façade. Particularly, in the top 5 networks with the best Bayesian Information Criterion (BIC) scores and p<0.05, the variable for decorations (DC) always has a direct probabilistic dependency on the variable B for Buddhism. The paper then checks the robustness of these models using Hamiltonian MCMC method and find the posterior distributions of the models’ coefficients all satisfy the technical requirement. Finally, this study suggests integrating Bayesian statistics in the social sciences in general and for the study of cultural evolution and architectural transformation in particular. (shrink)

Volume 19, Issue 10, October 2019, Page 52-54.

Sweeping denials of the story's capacity to accurately reflect the past are ever catalyzing equally misleading global affirmations. The impositionalists, such as theorist Hayden White, view historical narratives as imposing a falsifying narrative structure on the past, and conclude that narratives cannot be true. Plot-reifiers, such as Alasdair MacIntyre, David Carr, and Frederick Olafson, posit that the past is already narratively structured; historical plots are reified in order for there to be something in the world to which narrative structures can (...) correspond in being true. The antireferentialists such as JeanFrançois Lyotard and Roland Barthes deny that narrative histories even claim truth. Escaping this trilemma of theoretical interpretation involves accepting the idea that construction of a history does not entail its falsification. Historical narrative need to be allowed to function both figurally, in the sense of generating new discursive figures, and at the same time literally, in the sense of asking to be understood literally. Narratives need to be understood on their own terms, and not treated as an approximation to some foreign ideal. (shrink)

We discuss five kinds of representations of rationales and provide a formal account of how they can alter disputation. The formal model of disputation is derived from recent work in argument. The five kinds of rationales are compilation rationales, which can be represented without assuming domain-knowledge (such as utilities) beyond that normally required for argument. The principal thesis is that such rationales can be analyzed in a framework of argument not too different from what AI already has. The result is (...) a formal understanding of rationales, a partial taxonomy, and a foundation for computer programs that represent and reason with rationales.The five kinds of rationales are as follows: (c)ompression and (s)pecialization, which yield rules, and (d)isputation, which yields a decision. These are modeled as potentially changing the focus of the dispute. Then there are (f)it, a rationale for rules, and (r)esolution, a rationale for decisions. These cannot be modeled as simply; they force disputation to a meta-level, at least temporarily. (shrink)

As a generation of ‘digital natives,’ secondary students who were born from 2002 to 2010 have various approaches to acquiring digital knowledge. Digital literacy and resilience are crucial for them to navigate the digital world as much as the real world; however, these remain under-researched subjects, especially in developing countries. In Vietnam, the education system has put considerable effort into teaching students these skills to promote quality education as part of the United Nations-defined Sustainable Development Goal 4 (SDG4). This issue (...) has proven especially salient amid the COVID−19 pandemic lockdowns, which had obliged most schools to switch to online forms of teaching. This study, which utilizes a dataset of 1061 Vietnamese students taken from the United Nations Educational, Scientific, and Cultural Organization (UNESCO)’s “Digital Kids Asia Pacific (DKAP)” project, employs Bayesian statistics to explore the relationship between the students’ background and their digital abilities. Results show that economic status and parents’ level of education are positively correlated with digital literacy. Students from urban schools have only a slightly higher level of digital literacy than their rural counterparts, suggesting that school location may not be a defining explanatory element in the variation of digital literacy and resilience among Vietnamese students. Students’ digital literacy and, especially resilience, also have associations with their gender. Moreover, as students are digitally literate, they are more likely to be digitally resilient. Following SDG4, i.e., Quality Education, it is advisable for schools, and especially parents, to seriously invest in creating a safe, educational environment to enhance digital literacy among students. (shrink)

Resolution-oriented dialogue has a normative structure that is largely subject to theoretical explication. This paper develops a simple model that sheds light on how moves in a reason-giving game alter the distribution of discursive commitments and entitlements. By clarifying the practice of deontic scorekeeping, we can enhance our collective capacity to resolve conflicts dialogically.

Dr Robert Chambers has recently argued that a loan on Quistclose terms does not actually create a trust, but rather the borrower receives the entire beneficial ownership of the funds subject only to a contractual right (enforceable by an injunction) on the part of the lender to prevent the loan being employed other than for the specified purpose. Chambers' approach, or at least something broadly similar, has received some obiter support from Potter LJ in Twinsectra Ltd v. Yardley. This article (...) maintains that Chambers' analysis leaves unresolved a number of significant issues. It does not explain Potter LJ's emphasis on the requirement to segregate the Quistclose funds from the borrower's general assets. Similarly, it seems not applicable outside the typical Quistclose scenario; for instance, where the funds are wrongfully transferred to a third party before the failure of the specified purpose, where the Quistclose arrangement arises outside a contractual setting, and where the dispute involves a third party holding a (pre‐existing) charge. Accordingly, it is suggested that it would be quite premature to conclude that more orthodox explanations of the Quistclose trust should now be jettisoned. (shrink)

While interest in doing business continues to rise steadily, information concerning the evolving social ethics of Chinese managers is sparse. This study reports the findings obtained from intensive interviews with thirty-nine Chinese advertising executives. In general, there appears to be developing a cautious optimism about the role of advertising in the Chinese economy. Findings are compared with earlier studies of American and Hong Kong managers and it is suggested that further research and observation is needed to track the development of (...) business ethics in this largest of the world's developing nations. (shrink)