Opposition to legalizing surrogacy often involves the argument that it commodifies or objectifies women and children. When surrogacy involves consenting parties claiming to benefit from the transaction, commodification- or objectification-based arguments seem unpersuasive. This article argues that new natural law theory offers an alternative case against legalizing surrogacy based on the violation of basic goods of human flourishing, a notion which unpacks afresh what is really at stake in the commodification/objectification arguments. Exploring the new natural law approach through John Finnis’s (...) theory, this article suggests that the new natural law case against surrogacy hinges on the link between childbirth and raising children, which turns out to be the major bone of contention in the surrogacy debate. The establishment of the link turns on answers to empirical questions as to what is in the best interests of the child, as well as on contested notions of motherhood, raising questions of a philosophical or normative nature. This article elucidates for policy makers and legislators the precise issues they must face squarely in order to determine whether to legalize or prohibit surrogacy arrangements. (shrink)

According to German legal philosopher Gustav Radbruch, laws that are substantively unjust to an intolerable degree should not be regarded as legally valid, even if they were promulgated according to stipulated procedure. Radbruch’s Formula (as his position has been termed) contradicts the central tenet of legal positivism, according to which the existence of laws does not necessarily depend on their merit.1 While some legal positivists suppose that legal invalidity based on the content of particular laws is a central tenet of (...) natural law theory,2 natural law theorists such as John Finnis opine that the lex injusta non est lex3 maxim has been no more than a subordinate theorem of classical natural law theory.4 In Finnis’s view, unjust laws give rise to legal obligation “in a legal sense.”5. (shrink)

This article examines the findings of an empirical study of law students from the Singapore Management University on their internship experiences at private law firms. As internships are frequently undertaken by law students, it is necessary for stakeholders to understand their impact on the values and ideals of law students in relation to the law and legal practice. This article seeks to increase the consciousness of law school educators, lawyers, and the professional bar about how law firm internships are contributing (...) to the making of future lawyers, so as to facilitate the reflection by these parties as to their roles in shaping future lawyers. (shrink)

1. Tan'gun sinhwa ŭi wŏnhyŏngjŏk segyegwan kwa p'ungnyu chŏngsin -- 2. Wŏnhyo ŭi hwajaeng sasang kwa muaehaeng ŭi silch'ŏn -- 3. Ŭisang ŭi 'Hwaŏm ilsŭng pŏpkyedo' e nat'anan Hwaŏm sasang -- 4. Chinul ŭi Tono chŏmsu wa Chŏnghye ssangsu sasang -- 5. Sambong Chŏng To-jŏn ŭi Pulgyo paech'ŏk ŭi naeyong kwa sŏngkyŏk -- 6. T'oegye Yi Hwang ŭi ch'ŏrhakchŏk ipchang kwa 'Kyŏng' sasang -- 7. Kobong Ki Tae-sŭng ŭi hangmun chŏngsin kwa ch'ŏrhak sasang -- 8. Ugye Sŏng Hon ŭi Tohakchŏk (...) sam kwa hangmun yŏnwŏn -- 9. Yulgok Yi I ŭi Taedong sahoeron kwa ch'ŏrhakchŏk chihyang -- 10. Sŏgye Pak Se-dang ŭi Sirhakchŏk sayu ŭi kich'o -- 11. Namdang Han Wŏn-jin ŭi yŏksa insik kwa Chosŏn chunghwajuŭi -- 12. Sŏngdam Song Hwan-gi ŭi 'T'aegŭk tosŏl' haesŏk ŭi kibon ipchang -- 13. Kanjŏng Yi Nŭng-hwa 'Chosŏn Togyosa' ŭi haksulsachŏk ŭiŭi wa han'gye -- 14. Manhae Han Yong-un i pon chuch'e ŭi munje wa minjok chagyŏl ŭi wŏnch'ik -- purok. T'algyŏnggye sidae ŭi Han'guk ch'ŏrhak ŭi inmunhakchŏk ŭiŭi wa chŏnmang: Yulgok ŭi ch'ŏrhak. (shrink)

Cảm xúc là yếu tố cơ bản thúc đẩy con người đưa ra quyết định và xử lý thông tin. Sợ hãi là một trong những cảm xúc phổ biến nhất ảnh hưởng đến hành vi của nhà đầu tư cá nhân trên thị trường chứng khoán. Mặc dù nhiều nghiên cứu đã được thực hiện để khám phá tác động của nỗi sợ hãi đối với hiệu quả đầu tư và hành vi giao dịch của nhà đầu tư cá (...) nhân, nhưng vẫn còn rất ít thông tin về các yếu tố ảnh hưởng đến nỗi sợ hãi của nhà đầu tư cá nhân trong thời kỳ thị trường sụt giảm (hoặc những giai đoạn cực kỳ biến động). Vì thế, nghiên cứu này được thực hiện để tìm hiểu liệu các nguồn thông tin ảnh hưởng đến quyết định đầu tư của nhà đầu tư có ảnh hưởng đến sự sợ hãi của họ khi khủng hoảng xảy ra hay không. Nghiên cứu đã sử dụng phương pháp phân tích Bayesian Mindsponge Framework (BMF) trên bộ dữ liệu từ 1526 nhà đầu tư Trung Quốc và Việt Nam. Kết quả nghiên cứu chỉ ra rằng các nhà đầu tư tiếp cận các loại thông tin khác nhau khi đưa ra quyết định đầu tư sẽ ảnh hưởng đến tần suất phản ứng sợ hãi khác nhau. Cụ thể, các nhà đầu tư tham khảo thông tin từ chuyên gia hoặc tự phân tích khi đưa ra quyết định đầu tư ít bị đóng băng (biểu hiện của tâm lý sợ hãi) hơn trong thời kỳ thị trường sụt giảm. Ngược lại, những người đưa ra quyết định đầu tư dựa trên thông tin từ người quen hay bạn bè và trực giác sẽ bị đóng băng thường xuyên hơn. Kết quả nghiên cứu này giúp gợi ý nhà đầu tư cá nhân nên trang bị cho mình các kiến thức về tài chính cũng như tham khảo các ý kiến chuyên gia trên thị trường, hoặc những nguồn thông tin đáng tin cậy, khi đưa ra quyết định đầu tư. Bên cạnh đó, cơ quan quản lý thị trường cần có hoạt động phổ cập kiến thức về thị trường chứng khoán, hạn chế ảnh hưởng của các kênh thông tin không chính thống, và khuyến khích nhà đầu tư ít kinh nghiệm mua chứng chỉ quỹ của các quỹ đầu tư. (shrink)

Nghiên cứu này được thực hiện để tìm hiểu liệu các nguồn thông tin ảnh hưởng đến quyết định đầu tư của nhà đầu tư có ảnh hưởng đến sự sợ hãi của họ khi khủng hoảng xảy ra hay không? Nghiên cứu đã sử dụng phương pháp phân tích Bayesian Mindsponge Framework (BMF) trên bộ dữ liệu từ 1,526 nhà đầu tư Trung Quốc và Việt Nam. Kết quả nghiên cứu chỉ ra rằng, các nhà đầu tư tiếp cận (...) các loại thông tin khác nhau khi đưa ra quyết định đầu tư sẽ ảnh hưởng đến tần suất phản ứng sợ hãi khác nhau. Cụ thể, các nhà đầu tư tham khảo thông tin từ chuyên gia hoặc tự phân tích khi đưa ra quyết định đầu tư ít bị đóng băng (biểu hiện của tâm lý sợ hãi) hơn trong thời kỳ thị trường sụt giảm. Ngược lại, những người đưa ra quyết định đầu tư dựa trên thông tin từ người quen hay bạn bè và trực giác sẽ bị đóng băng thường xuyên hơn. -/- [English Abstract] This study was conducted to explore whether the sources of information priority during decision-making contribute to their fear reactions during crises. The research utilized the Bayesian Mindsponge Framework (BMF) analytics on data collected from 1,526 investors in China and Vietnam. The study results indicated that investors prioritizing different types of information when making investment decisions would have different frequency of fear reactions. Specifically, investors who prioritized information from experts or conducted self-analysis when making investment decisions experienced less freezing (an expression of psychological fear) during market downturns. Conversely, those who based their investment decisions on information from acquaintances, friends, and intuition tended to experience freezing more frequently. (shrink)

Little is known and understood about ethics management or the development of formal, systematic, and goal-directed initiatives to improve ethics in the public relations workplace. This study found little ethics training and written guidelines in the public relations workplace. Organizational ethics initiatives are poorly communicated to practitioners and rely mostly on punitive restraints with little reward for ethical behavior. For many practitioners, ethics is not learned through workplace ethics initiatives but rather is mostly informed by external influences including personal values, (...) family upbringing, and professional work experiences. (shrink)

In adopting a deontological lens to assess message ethicality, this study identifies and explicates the ethical dimensions of fast food advertising through five principles of the TARES framework of persuasion ethics. In moral weight, fast food—with its high calories and low nutritional value—is negatively prejudiced. A deontological-ethical perspective, by focusing on the quality of the advertising message, shifts the focus from the product to a more measured deliberation about the moral responsibility of fast food advertisers to reposition them as moral (...) agents who are accountable for their messages. A content analysis of 380 television and print ads for fast food in Singapore shows that few ads met the TARES's expectations. Ads targeting children and teenagers are associated with lower message ethicality than ads targeting adults and the general audience, lending empirical support to the literature critical of fast food advertising's insidious approach of targeting the young. (shrink)

Those who see Confucianism as a premodern imperial ideology or a traditional religion have no problem characterizing its social ideal as inherently hierarchical, as this is fairly typical of such systems of thought. From this perspective, rather than valuing equality Confucianism takes for granted inequalities among people, and justifies social hierarchies and unequal distribution of power, resources, prestige, and other goods as part of its ethics and its ideal of good government by sagely kings, the justification sometimes involving metaphysical claims (...) about cosmic and religious hierar-chies.1 While some reject Confucianism for its supposed opposition to egalitarianism from perspectives that consider equality a.. (shrink)

In two recent papers, Mr Robert Young maintains that all attempts by philosophers to bolster the-violation-of-law concept of miracles are bound to fail and propounds what he claims to be a novel non-reductivist concept of miracles which avoids the conceptual difficulties of the violation-model. His view of miracles is of god being ‘an active agent-factor in the set of factors which actually was causally operative’ [p. 123] in an event dubbed a miracle. God is put in among ‘the plurality of (...) causes’ [p. 122, S p. 33] that could determine the event, but if he acts in a miracle, then ‘his presence…alters the outcome from what it would have been if, contrary to fact , he had not been present’ [p. 122]. Young claims that his concept ‘is neither a violation of … laws nor is it a coincidental occurrence religiously interpreted’ [p. 122, S p. 33], and so it avoids the difficulties, which he thinks are faced by the violation-model, of having an intelligible notion of an occurrence of the physically impossible, and also the reductivism inherent in taking mere coincidences as miracles. He also suggests a procedure of settling the epistemological issue regarding particular alleged miracles, an inquiry he thinks he has made possible by having first given a sense to miracles. [p. 126]. (shrink)

是東漢哲學家、思想家桓譚的主要論着，但早己亡佚。今存之輯本有《指海》內佚名氏輯本、清孫馮翼輯本、清嚴可均輯本、黃以周輯本，及近人朱謙之輯本，但均有不足。有鑒於此，吳則虞先生於1962年着有新輯本，收錄 二百餘條，以類相從，分為八卷，並添加附編，匯涵桓譚佚文、存疑、訂訛之文；記載桓譚事跡、著述、評論之文。 桓譚，后漢時人，官至給事中。博學多識，破讖緯迷妄，去虛妄偽飾，先於王充、張衡，具有唯物啟蒙學者之學識，是漢時哲學思想家。《新諭》是桓譚主要論着，但早已亡佚。據歷史記載，明有二卷本，清有孫之騌輯本，皆不 傳。另有《指海》內佚名氏輯本、清孫馮翼輯本、清嚴可均輯本、黃以周輯本及近人朱謙之輯本。從今日的學術、校勘、編排諸方面來看，諸本均有不足：或短椾零篇，漫無倫紀；或望文歸屬，強系篇名；或條目重復，內容雜陳 迭見；或引用刻本，多有遺漏；或雖沿用十七卷篇目之名稱，但其條目已不能再顯現原書各篇的思想內容。有鑒於此，吳則虞先生於一九六二年着有新輯本，收錄二百余條，以類相從，分為八卷，並添加附編，匯涵桓譚佚文、存 疑、訂訛之文；記載桓譚事跡、著述、評論之文；最后殿以輯校引用書目及版本之詳目，以便於讀者查閱與研究。此書成為目前桓譚《新論》集大成之著作。.

In a Web-based survey of 740 investigative journalists, competition and medium emerge as the 2 most salient predictors of journalists' tolerance of deception. Journalists who view competition as an important consideration in ethical decision making are more tolerant of deception. Television journalists have a higher tolerance of deception than print journalists. Overall, organizational factors such as medium and organization size are better predictors of deception tolerance than individual-level variables such as age, education, work experience, journalism as a college major, or (...) media ethics instruction. (shrink)

This study examines truthfulness through eight dimensions to explicate truth in health communication and explores the relationships between message truthfulness and message attributes and audience characteristics. A content analysis of 974 television antismoking ads from the Centers for Disease Control (CDC) reveals a high degree of truthfulness. Message truthfulness is related to thematic frames, emotion appeals, source, age, social role and smoking status, and positive framing of consequences. Ads targeted at teens/youth and smokers tend to have lower message truthfulness than (...) ads targeting older age groups and non-smokers. Ads with humor and fear appeals are found to be less truthful. (shrink)

Hermann Weyl succeeded in presenting a consistent overarching analysis that accounts for symmetry in material artifacts, natural phenomena, and physical theories. Weyl showed that group theory is the underlying mathematical structure for symmetry in all three domains. But in this study Weyl did not include appeals to symmetry arguments which, for example, Einstein expressed as “for reasons of symmetry”. An argument typically takes the form of a set of premises and rules of inference that lead to a conclusion. Symmetry may (...) enter an argument both in the premises and the rules of inference, and the resulting conclusion may also exhibit symmetrical properties. Taking our cue from Pierre Curie, we distinguish two categories of symmetry arguments, axiomatic and heuristic; they will be defined and then illustrated by historical cases. (shrink)

Theories of aggregated legislative intent posit that the legislative intent of parliament is what a significant enough proportion of legislators intended (e.g., legislative intent is p if a majority intend that p). After all, many think the same way about democracy (‘votes reveal the will of the people’) and about courts (‘a court decision is based on judicial voting’). The existing literature on aggregated legislative intent, however, tends to make two undefended assumptions: (i) Informed Assumption: all legislators have policy intentions; (...) and (ii) Group Intent Assumption: the existence of an aggregated intent entails the existence of a group intent. Despite these assumptions being subject to great scrutiny, they largely remain undefended. This paper defends the Group Intent Assumption and shows that aggregated theories can survive with a weaker version of the Informed Assumption. (shrink)

T. M. Scanlon’s contractualism is a meta-ethical theory that explains moral motivation and also provides a conception of how to carry out moral deliberation. It supports non-consequentialism – the theory that both consequences and deontological considerations are morally significant in moral deliberation. Regarding the issue of punishment, non-consequentialism allows us to take account of the need for deterrence as well as principles of fairness, justice, and even desert. Moreover, Scanlonian contractualism accounts for permissibility in terms of justifiability: An act is (...) permissible if and only if it can be justified to everyone affected by it. This contractualist thesis explains why it is always impermissible to frame an innocent person, why vicarious punishment is impermissible, and why there has to be a cap on sentences. Contractualism therefore allows us to take deterrence as a goal of punishment without the excess of utilitarianism. This paper further argue that the resulting view is superior to pure retributivism. Finally, it shows why legal excuses and mitigation can be justified in terms of the notion of negative desert. (For access to this paper: http://www.tandfonline.com/eprint/sJ2JBVXkztyFMGmxS7tS/full ) . (shrink)

The attempt to narrow the general discourse of the problem of error and to focus it on the specific problem of experimental error may be approached from different directions. One possibility is to establish a focusing process from the standpoint of history; such an approach requires a careful scrutiny of the history of science with a view to identifying the juncture when the problem of experimental error was properly understood and accounted for. In a study of this kind one would (...) have to examine the evolution of the method of experimentation and related topics so that clear criteria would underlie the analysis. (shrink)

This paper explores the ethical and conceptual implications of the findings from an empirical study (reported elsewhere) of decision-making capacity in anorexia nervosa. In the study, ten female patients aged thirteen to twenty-one years with a diagnosis of anorexia nervosa, and eight sets of parents, took part in semistructured interviews. The purpose of the interviews was to identify aspects of thinking that might be relevant to the issue of competence to refuse treatment. All the patient-participants were also tested using the (...) MacArthur Competence Assessment Tool—Treatment test of competence. This is a formalized, structured, interviewer-administered test of competence, which is a widely accepted clinical tool for determining capacity. The young women also completed five brief, self-administered questionnaires to assess their levels of psychopathology. The issues identified from the interviews are described under two headings: difficulties with thought processing and changes in values. The results suggest that competence to refuse treatment may be compromised in people with anorexia nervosa in ways that are not captured by traditional legal approaches. (shrink)

The year 2009 marks the 400th anniversary of the publication of one of the most revolutionary scientific texts ever written. In this book, appropriately entitled, Astronomia nova, Johannes Kepler developed an astronomical theory which departs fundamentally from the systems of Ptolemy and Copernicus. One of the great innovations of this theory is its dependence on the science of optics. The declared goal of Kepler in his earlier publication, Paralipomena to Witelo whereby The Optical Part of Astronomy is Treated, was to (...) solve difficulties and expose illusions astronomers face when conducting astronomical observations with optical instruments. To avoid observational errors that had plagued the antiquated measuring techniques for calculating the apparent diameter and angular position of the luminaries, Kepler designed a novel device: the ecliptic instrument. In this paper we seek to shed light on the role optical instruments play in Kepler's scheme: they impose constraints on theory, but at the same time render astronomical knowledge secure. To get a comprehensive grasp of Kepler's astonishing achievements it is required to widen the approach to his writings and study Kepler not only as a mathematico-physical astronomer, but also as a designer of instruments and a practicing observer. (shrink)

McCarthy, Homan, and Rozier (2020) state that the Christian bioethical categories, namely sin, human dignity, and the common good, can shed light on bioethical issues, whereas secular bioethics may...

This book explores and elaborates three theories of public reason, drawn from Rawlsian political liberalism, natural law theory, and Confucianism. Drawing together academics from these separate approaches, the volume explores how the three theories critique each other, as well as how each one brings its theoretical arsenal to bear on the urgent contemporary debate of medical assistance in dying. The volume is structured in two parts: an exploration of the three traditions, followed by an in-depth overview of the conceptual and (...) historical background. In Part I, the three comprehensive opening chapters are supplemented by six dynamic chapters in dialogue with each other, each author responding to the other two traditions, and subsequently reflecting on the possible deficiencies of their own theories. The chapters in Part II cover a broad range of subjects, from an overview of the history of bioethics to the nature of autonomy and its status as a moral and political value. In its entirety, the volume provides a vibrant and exemplary collaborative resource to scholars interested in the role of public reason and its relevance in bioethical debate. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Decision-Making as a Broader ConceptJacinta O. A. Tan (bio), Anne Stewart (bio), and Tony Hope (bio)KeywordsCompetence, decision-making, capacity, anorexia nervosa, autonomy, values, identityWe thank Demian Whiting for the thoughtful critique of aspects of our paper (Tan et al. 2006a). A primary aim of our research was to provide empirical grounds on which to stimulate discussion about the nature of decision-making capacity (DMC). Whiting criticizes in particular the concept of (...) 'pathological values' that we suggested might be relevant in the assessment of DMC and in the related issue of deciding when a patient's refusal of beneficial treatment should be overridden.Whiting's central concern is with DMC. Whiting argues that the absence of pathological values should not be a criterion for DMC. We are unclear whether he is also arguing that pathological values do not provide a reason of any kind for overriding treatment refusal. At the end of the paper he writes: "we cannot justify compulsory treatment of patients who have pathological values... on the grounds that these patients lack DMC" (2009, XX). This seems to leave open the possibility that we may be able to justify compulsory treatment of patients who have pathological values on grounds other than that they lack DMC. As we wrote in our response to the discussants of our original paper, "The primary issue for us is whether the reasons for refusal to which we draw attention provide grounds for overriding refusal, and if they do how they can be characterized in such a way as to avoid the ever-present danger of simply overriding autonomy in a patient's best interests" (Tan et al. 2006b, 300).In deciding on whether to use compulsory treatment, there are other relevant factors that may need to be considered, such as the seriousness of the decision, which determines the threshold for competence. However, in this response we consider three issues. First, we argue that the current concept of DMC is by no means so clear cut or generally agreed upon as Whiting implies, and that some of the lack of clarity relates to pathological values. Second, that the concept of DMC is itself dependent on accounts of autonomy, and that it is plausible that pathological values can affect autonomy. Third, we directly consider the question of whether a coherent account of pathological values might be given based on a concept of authenticity.The Current Criteria for DMCWhiting argues that the current criteria for DMC are correct and that an additional criterion along the lines of absence of pathological values should not be added. This argument assumes that there is a clear and agreed understanding of the current criteria. We believe this is not the case for three reasons.(i) Whiting begins his account of DMC by saying that it is normally taken to include: "(1) [End Page 345] understanding (and appreciation)" (2009, 341). Already there is an area of dispute, and the use of parentheses reflects this. The concept of 'appreciation' was developed by Grisso and Applebaum (Grisso, Appelbaum, and Hill-Fotouhi 1997). It is not included in either English common law development, for example (ReC), nor in the criteria specified in the Mental Capacity Act 2005. More important, Grisso and Appelbaum in their comment on our original paper (2006) argue that our work advances thinking about 'appreciation' rather than requiring that we add new elements. The implication is that they believe that what we have called pathological values are relevant to the assessment of capacity and are already included in an account of capacity that incorporates the criterion of 'appreciation.' In our response, we argued that pathological values are not entirely captured within the account of appreciation that Grisso and Appelbaum had previously given. We do not want to revisit that issue here, but the point of relevance is that on one view (that of Grisso and Appelbaum) pathological values are already included in the current criteria for DMC as part of the concept of appreciation, whereas on Whiting's view they are not.(ii) Even if there were agreement over the wording and concepts relevant to DMC there is a further important issue: how are those concepts... (shrink)

This book examines the institutional development of Chinese sociology from the 1890s to the present. It plots the discipline’s twisting path in the Chinese context, from early Western influences; through the institutionalization of the discipline in the 1930s-40s; its problematic relationship with socialism and interruptions under Marxist orthodoxy and the Cultural Revolution; its revival during the 1980s-90s; to the twin trends of globalization and indigenization in current Chinese sociological scholarship. Chen argues that in spite of the state-building agenda and persistent (...) efforts to indigenize the discipline, the Western model remains pervasively influential, due in large part to the influence of American missionaries, foundations and scholars in the formation and transformation of the Chinese sociological tradition. The history of Chinese sociology is shown to be a contingent process in which globally circulated knowledge, above all the American sociological tradition, has been adapted to the changing contexts of China. This engaging work contributes an important country study to the history of sociology and will appeal to scholars of Chinese history and disciplinary historiography, in addition to social scientists. (shrink)

I argue that the personhood of a fetus is analogous to the the heap. If this is correct, then the moral status or intrinsic value of a fetus would be supervenient upon the fetus's biological development. Yet to compare its claim vis-a-vis its mother's, we need to consider not only their moral status, but also the type of claim they each have. Thus we have to give weight to the two factors or variables of the mother's moral status and her (...) claim to some lesser good . And then we have to consider the fetus's lesser moral status and its claim to some greater good, namely, life. I argue that we do not know how to compare these two-variable claims. This also explains why the central cases of abortion have been so difficult to resolve. I suggest that the problem of animal rights has a similar structure. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Of Diversities and Comparisons...Sor-hoon TanEncyclopedia of Chinese Philosophy. Edited by Antonio S. Cua. New York and London: Routledge, 2003. Pp. 1,020.Encyclopedias can be useful in teaching philosophy when students need some reading that sets out the basics on a key topic in a few pages without their getting lost in too many complex details or being misled by oversimplifications. They can also be edifying for the philosophy teacher and (...) scholar—providing reliable, up-to-date information on topics that lie in their field but that are not part of their working knowledge. For these reasons, those working in Chinese philosophy will welcome the publication of the Encyclopedia of Chinese Philosophy. The 187 entries cover a variety of subject areas such as "Moral Philosophy" and "Philosophy of language"; Confucianism in different periods and countries, Daoism, Mohism, Legalism, the school of names, Buddhism, and Marxism in China; philosophical trends in post-Mao China, Taiwan, and overseas; key concepts such as dao (the way), fa (law, standards), liyi fenshu (principle and manifestations), and quanli (rights); texts such as the Huainanzi and the Wenzi; and thinkers from Laozi and Confucius to Hu Shih and Mou Zongsan.Instead of more numerous short entries, this encyclopedia has opted for fewer entries of greater length—the Preface tells us that entries on important thinkers and philosophical topics typically range from five thousand to nine thousand words in length, and a quick check reveals that even the shortest entry is at least two pages long (more than one thousand words). This format allows authors to explore the philosophical issues at some depth, and expound even complex arguments in detail. The connections between different concepts, thinkers, texts, philosophical theories, and development that stretch across different periods and territories can be delineated more clearly in a single entry. There is a danger of duplication with this format, as some texts and concepts may be covered in several articles; for example, most of "Confucianism: Constructs of Classical Thought" is on what the author identifies as six key texts of Classical Confucianism: the Analects, Mencius, Xunzi, Yizhuan, Zhongyong (Doctrine of the mean), and Daxue (Great Learning). The sections on Mencius and Xunzi (pp. 66-67) merely introduce a small part of what is discussed in much greater depth and detail in the entries on these two thinkers (pp. 440-448 and 821-829). The Zhongyong and Daxue also have their own entries, and "Confucianism: Confucius" (p. 61) contains an entire section on the Analects.As it turns out, the duplication is less than expected. Pei-jung Fu, author of "Confucianism: Constructs of Classical Thought," implicitly questions Xunzi's Confucian pedigree, beginning his discussion with "Xunzi professed to be an advocate of Confucianism" (p. 67). Such doubt is clearly not shared by A. S. Cua, who authored [End Page 111] the entry on "Xunzi," introducing the thinker as "an important exponent of classical Confucianism" (p. 821). Cua also does not share Fu's view that "the real issue between Mencius and Xunzi lies in their concepts of heaven (tian)" (p. 67). Fu and the author of the entry on the Zhongyong translate key terms in the texts differently: Fu discusses "five ethical codes" and "three comprehensive virtues" (p. 68) while Yanming An calls them "five universal paths" and "three universal virtues" (p. 890). Such differences can be either thought provoking or confusing (especially when unaccompanied by Chinese characters or even pinyin), depending on the reader. The sections on the Analects in "Confucianism: Confucius" and "Confucianism: Constructs of Classical Thought" have hardly anything in common; the first examines it as an account of how Confucius lives as an exemplar remembered by his students, while the latter discusses its content, focusing on ren and li, as well as on Confucius' religious concerns. While concepts such as ren and li are frequently discussed, the different ways in which authors employ them and the different characteristics, contexts, and philosophical stakes they pay attention to enrich one's understanding of the many dimensions of these concepts even as similarities in diverse entries reinforce certain aspects and perspectives.One comes across disagreements to various degrees on common or related topics among different entries. While... (shrink)

Ethics is frequently concerned with how to resolve clashes between competing claims from claimants of different kinds. The idea of moral status is crucial to understanding how (1) competing claims...

It is a truism that there are erroneous convictions in criminal trials. Recent legal findings show that 3.3% to 5%of all convictions in capital rape-murder cases in the U.S. in the 1980s were erroneous convictions. Given this fact, what normative conclusions can be drawn? First, the article argues that a moderately revised version of Scanlon’ s contractualism offers an attractive moral vision that is different from utilitarianism or other consequentialist theories, or from purely deontological theories. It then brings this version (...) of Scanlonian contractualism to bear on the question of whether the death penalty, life imprisonment, long sentences, or shorter sentences can be justified, given that there is a non-negligible rate of erroneous conviction. Contractualism holds that a permissible act must be justifiable to everyone affected by it. Yet, given the non-negligible rate of erroneous conviction, it is unjustifiable to mete out the death penalty, because such a punishment is not justifiable to innocent murder convicts. It is further argued that life imprisonment will probably not be justified (unless lowering the sentence to a long sentence will drastically increase the murder rate). However, whether this line of argument could be further extended would depend on the impact of lowering sentences on communal security. (shrink)

In response to recent scholarship on the need for universal professional values, a call that has intensified in the post-9/11 world, this article reports how journalists in Asia and the Middle East conceptualize universal professional values and the possible impact of a universal ethics code. In general, the journalists interviewed for this study were suspicious of a Western-imposed set of values or a code. However, they agreed on a core set of values, ones that de-emphasized truth telling in relation to (...) respect and the need to maintain a community. They also emphasized that different political systems make the implementation of a universal code problematic. However, there was great agreement on the need for such discussion within the profession and on the commonalities such discussion reveals. (shrink)

The year 2009 marks the 400th anniversary of the publication of one of the most revolutionary scientific texts ever written. In this book, appropriately entitled, Astronomia nova, Johannes Kepler developed an astronomical theory which departs fundamentally from the systems of Ptolemy and Copernicus. One of the great innovations of this theory is its dependence on the science of optics. The declared goal of Kepler in his earlier publication, Paralipomena to Witelo whereby The Optical Part of Astronomy is Treated , was (...) to solve difficulties and expose illusions astronomers face when conducting astronomical observations with optical instruments. To avoid observational errors that had plagued the antiquated measuring techniques for calculating the apparent diameter and angular position of the luminaries, Kepler designed a novel device: the ecliptic instrument. In this paper we seek to shed light on the role optical instruments play in Kepler's scheme: they impose constraints on theory, but at the same time render astronomical knowledge secure. To get a comprehensive grasp of Kepler's astonishing achievements it is required to widen the approach to his writings and study Kepler not only as a mathematico-physical astronomer, but also as a designer of instruments and a practicing observer. (shrink)

I offer some reasons for the theory that, compared with human beings, non-human animals have some but lesser intrinsic value. On the basis of this theory, I first argue that we do not know how to compare an animal's claim to be free from a more serious type of harm, and a human's claim to be free from some lesser type of harm. For we need to take account of these parties' intrinsic value, and their competing types of claim. Yet, (...) there exists no known way for making such comparison, when a human's intrinsic value is higher than that of an animal, whereas the type of claim an animal has is morally weightier than the type of claim a human has. Second, I explain why utilitarianism is unhelpful in making such comparison. Third, in the case where some animals can be sacrificed for saving a larger number of humans, it is crucial to ask whether animals have the right to life, and I argue that this question is more perplexing than we might think. My conclusion is that the various difficulties mentioned above have a deeper source than we have so far acknowledged, and that this reflects that the moral reality is less tidy and more complex than many theories portray. (shrink)

What is social entrepreneurship? In, particular, what’s so social about it? Understanding what social entrepreneurship is enables researchers to study the phenomenon and policy-makers to design measures to encourage it. However, such an understanding is lacking partly because there is no universally accepted definition of entrepreneurship as yet. In this paper, we suggest a definition of social entrepreneurship that intuitively accords with what is generally accepted as entrepreneurship and that captures the way in which entrepreneurship may be altruistic. Based on (...) this we provide a taxonomy of social entrepreneurship and identify a number of real cases from Asia illustrating the different forms it could take. (shrink)

As climate change continues to be a pressing issue affecting businesses, firms are taking proactive measures by integrating carbon considerations into their overall strategic planning for environmental sustainability. Nonetheless, the question of whether it pays to be green remains inconclusively answered. Based on an analysis of the 200 largest public listed firms by market capitalisation in Malaysia, the findings indicated that most of the firms are still reactive in managing their carbon activities; however, corporate carbon strategy does, indeed, lead to (...) better financial performance. The findings reaffirmed that going green pays off, particularly for firms with higher levels of foreign ownership. Interestingly, an inverse relationship was observed among firms with higher levels of government shareholdings. Additionally, the firms have been categorised into six different groups based on their scope and level of corporate carbon strategies, ranging from “wait-and-see” to “all-round explorer” classifications. Taken together, these findings enrich corporate carbon and sustainability literature and offer insights into theoretical and policy implications, along with suggestions for future research. (shrink)