Recent legal developments challenge how valid the concept of mental capacity is in determining whether individuals with impairments can make decisions about their care and treatment. Kong defends a concept of mental capacity but argues that such assessments must consider how relationships and dialogue can enable or disable the decision-making abilities of these individuals. This is thoroughly investigated using an interdisciplinary approach that combines philosophy and legal analysis of the law in England and Wales, the European Court of Human (...) Rights, and the United Nations Convention on the Rights of Persons with Disabilities. By exploring key concepts underlying mental capacity, the investigation concludes that both primary relationships and capacity assessments themselves must display key competencies to ensure that autonomy skills are promoted and encouraged. This ultimately provides scope for justifiable interventions into disabling relationships and articulates the dialogical practices that help better situate, interpret, and understand the choices and actions of individuals with impairments. (shrink)

Bioethics is gradually becoming an important part of the drive to increase quality healthcare delivery in sub‐Saharan African countries. Yet many healthcare service‐users in Africa are familiar with incidences of questionable health policies and poor healthcare delivery, leading to severe consequences for patients. We argue that the overarching rights‐based ethical administrative framework recently employed by healthcare authorities contributes to the poor uptake and enforcement of current normative tools. Taking Ghana as a case study, we focus on the cultural ethical context (...) and we tease out the concepts of the good and the ethical among the Akan and Bulsa ethnic groups. We point out three tenets towards building a normative framework that can resonate with service‐users and practitioners: ontological communitarianism; empathic humanism; and virtuous character. Finally, we indicate how these core tenets can be dovetailed into building an effective normative framework and into the training of healthcare providers. (shrink)

This paper offers a critique of Christine Korsgaard’s interpretation of Kantian instrumental reason. Korsgaard understands Kantian hypothetical imperatives to share a common normative source with the categorical imperative – namely self-legislating, human rational agency. However, her reading of Kantian hypothetical imperatives is problematic for three reasons. Firstly, Korsgaard’s agent-centred approach renders incoherent Kant’s analytic-synthetic division. Secondly, by minimising the dualistic framework of Kant’s practical philosophy the dialectical character of practical rationality is lost: norms of instrumental reasoning therefore become confused with (...) those of moral reasoning. Thirdly, this in turn curtails the distinct critical authority of pure practical rationality over instrumental choice. The paper argues that we need to understand the normativity of instrumental rationality through the lens of Kant’s dualisms. An alternative interpretation is offered which highlights how the norms of hypothetical imperatives appeal to standards of theoretical cognition and practical efficiency rather than the self-legislative demands of pure practical reason. (shrink)

In recent human rights and legal instruments, individuals with impairments are increasingly recognised as agents who are worthy of respect for their inherent dignity and capacity to make autonomous decisions regarding treatment and care provisions. These legal developments could be understood using Stephen Darwall’s normative framework of the second person standpoint. However, this paper draws upon phenomena – both in legal developments and recent court cases – to illustrate theoretical difficulties with the contractualist underpinnings of Darwall’s account if applied to (...) questions of what is owed to individuals with disabilities. I argue that, under Darwall’s framework, whether the threshold for second-personal competence has been met will determine whether respect or rational care is owed to them. This fact distorts our understanding of what we owe to persons with mental impairments—in part because it limits respect to relations that are symmetrical and reciprocal. In light of these challenges the paper offers an account of hermeneutic competency, which can be applied to non-reciprocal and asymmetrical relationships. This alternative account will be of practical import to judicial determinations of best interests under the Mental Capacity Act 2005 in England and Wales. It will also be of broader theoretical interest to any legal system that deals with people with mental disabilities. (shrink)

Anne was sexually and physically abused as a child and adolescent. Since an adolescent, she has had episodes of engaging in self-injurious behavior, where she repetitively cuts her arms with a knife or scissors, sometimes so seriously that she has had to go to the emergency room. She is relatively high functioning as an individual, where her academic cleverness has enabled her to study for a philosophy degree at a top university. Owing to her history of deliberate self-injury, psychiatrists have (...) diagnosed her with borderline personality disorder. In moments of anger and emotional upset, like when her psychiatrist has seemed cold toward her or her session has stopped early, she reverts to cutting her arms.Borderline... (shrink)

Psychiatric genomics research with African populations comes with a range of practical challenges around translation of psychiatric genomics research concepts, procedures, and nosology. These challenges raise deep ethical issues particularly around legitimacy of informed consent, a core foundation of research ethics. Through a consideration of the constitutive function of language, the paper problematises like‐for‐like, designative translations which often involve the ‘indigenization’ of English terms or use of metaphors which misrepresent the risks and benefits of research. This paper argues that effective (...) translation of psychiatric genomics research terminology in African contexts demands substantive engagement with African conceptual schemas and values. In developing attenuated forms of translational thinking, researchers may recognise the deeper motivational reasons behind participation in research, highlighting the possibility that such reasons may depart from the original meaning implied within informed consent forms. These translational issues might be ameliorated with a critical re‐examination of how researchers develop and present protocols to institutional ethics review boards. (shrink)

It has become increasingly common to interpret Hume as a `sceptic' of practical reason. This means that Hume supposedly contests, not only the ability of reason to provide demonstrable truths, in the conventional rationalist sense, but also reason's ability to guide our practical action. Proponents of this reading include Jean Hampton, Elijah Millgram and Christine Korsgaard. If this `sceptical reading' of Hume is correct, he would lack the philosophical resources to justify his account of political justice. However, if examined further, (...) this sceptical reading begins with deep-seated Kantian presuppositions about the role and function of practical reason. The paper critiques these presuppositions, arguing that they must be set aside in order to appreciate more fully how Hume does indeed have a proper theory of practical reason. Specifically, Hume believes practical reason encompasses the discursive articulation and evaluation of human character traits and moral values within the social context. These articulatory and intersubjective dimensions of practical reasoning emphasized in the Humean account could provide further theoretical inspiration for communitarian critiques of contemporary liberalism. (shrink)

Under the Mental Capacity Act 2005 (MCA) in England and Wales, the liberal commitments to subjective freedom guide obligations towards persons who do not lack capacity. For the subject of proceedings who might lack capacity (P), it is less clear as to what obligations orient best interests decision-making on their behalf. The UK Supreme Court has emphasised the centrality of ‘P-centricity’ in best interests decision-making, where there is the legal obligation to consider P’s subjective views and wishes in a holistic (...) consideration of best interests. Unclarity nonetheless persists as to what is owed to P in the best interests standard, leading to the tendency to interpret obligations of P-centricity through the normative prism of subjective autonomy. This paper argues that such moves reduce the complex moral phenomenology of what a P-centric ethos entails. Instead, the phenomenological and ethical stance of moral considerability and recognition respect can best capture the enriched normative grounding for P-centric decision-making in mental capacity law. (shrink)

Psychiatric genomics research protocols are increasingly incorporating tools of deep phenotyping to observe and examine phenotypic abnormalities among individuals with neurodevelopmental disorders. In particular, photography and the use of two-dimensional and three-dimensional facial analysis is thought to shed further light on the phenotypic expression of the genes underlying neurodevelopmental disorders, as well as provide potential diagnostic tools for clinicians. In this paper, I argue that the research use of photography to aid facial phenotyping raises deeply fraught issues from an ethical (...) point of view. First, the process of objectification through photographic imagery and facial analysis could potentially worsen the stigmatisation of persons with neurodevelopmental disorders. Second, the use of photography for facial phenotyping has worrying parallels with the historical misuse of photography to advance positive and negative eugenics around race, ethnicity and intellectual disability. The paper recommends ethical caution in the use of photography and facial phenotyping in psychiatric genomics studies exploring neurodevelopmental disorders, outlining certain necessary safeguards, such as a critical awareness of the history of anthropometric photography use among scientists, as well as the exploration of photographic methodologies that could potentially empower individuals with disabilities. (shrink)

Informed consent procedures for participation in psychiatric genomics research among individuals with mental disorder and intellectual disability can often be unclear, particularly because the underlying ethos guiding consent tools reflects a core ethical tension between safeguarding and inclusion. This tension reflects important debates around the function of consent tools, as well as the contested legitimacy of decision-making capacity thresholds to screen potentially vulnerable participants. Drawing on human rights, person-centred psychiatry and supported decision-making, this paper problematises the use of consent procedures (...) as screening tools in psychiatric genomics studies, particularly as increasing normative emphasis has shifted towards the empowerment and participation of those with mental disorder and intellectual disabilities. We expound on core aspects of supported decision-making, such as relational autonomy and hermeneutic competence, to orient consent procedures towards a more educative, participatory framework that is better aligned with developments in disability studies. The paper concludes with an acknowledgement of the pragmatic and substantive challenges in adopting this framework in psychiatric genomics studies if this participatory ethos towards persons with mental disorder and intellectual disability is to be fully realised. (shrink)

Realizing the benefits of translating psychiatric genomics research into mental health care is not straightforward. The translation process gives rise to ethical challenges that are distinctive from challenges posed within psychiatric genomics research itself, or that form part of the delivery of clinical psychiatric genetics services. This article outlines and considers three distinct ethical concerns posed by the process of translating genomic research into frontline psychiatric practice and policy making. First, the genetic essentialism that is commonly associated with the genomics (...) revolution in health care might inadvertently exacerbate stigma towards people with mental disorders. Secondly, the promises of genomic medicine advance a narrative of individual empowerment. This narrative could promote a fatalism towards patients' biology in ways that function in practice to undermine patients' agency and autonomy, or, alternatively, a heightened sense of subjective genetic responsibility could become embedded within mental health services that leads to psychosocial therapeutic approaches and the clinician-patient therapeutic alliance being undermined. Finally, adopting a genomics-focused approach to public mental health risks shifting attention away from the complex causal relationships between inequitable socio-economic, political, and cultural structures and negative mental health outcomes. The article concludes by outlining a number of potential pathways for future ethics research that emphasizes the importance of examining appropriate translation mechanisms, the complementarity between genetic and psychosocial models of mental disorder, the implications of genomic information for the clinician-patient relationship, and funding priorities and resource allocation decision making in mental health. (shrink)

Ben shu shi guan yu Jiangxi dao jiao yi qian ba bai nian fa zhan shi de tong shi xing zhu zuo,she ji zhong duo de zong pai, ren wu, shi jian, si xiang deng, ju you hen gao de xue shu jia zhi.

本书是有关秦思想史研究专著. 作者通过对儒家早期思想的研究, 从中提炼出"人道"的概念, 作为其理论体系的内核和本书的线索, 并分析了孔子--子思--孟子的思想脉络, 其研究具有一定的气氛性和学术价值.

本书根据《左传》的编年,并从司马迁的《孔子世家》中,寻找孔子的踪迹,又从历代学者的《论语》注本中,对孔子的语录进行了编年的研究,并将其纳入到孔子的生平传记中去,以求尽可能给读者还原一个真实的孔子.

本书系统梳理了中国传统忠伦理的起源,演变等脉络和轨迹,深入挖掘了其在不同历史时期的内涵及价值,从而汲取传统忠伦理的尽心尽力,忠心奉公等丰厚滋养,使忠的核心观念与社会主义核心价值观中的"爱国""敬业"" 诚信""友善"等有机衔接,融通, 建构现代忠诚观念,以更好地将忠于国家和人民的社会公德,忠于职守的职业道德,忠于家庭的家庭美德,忠于他人的个人品德等伦理原则付诸实践.

This article seeks, first, to show that much of the existing normative work on argument from expert opinion (AEO) is problematic for failing to be properly informed by empirical findings on expert performance. Second, it seeks to show how, with the analytic tool of Bayesian reasoning, the problem diagnosed can be remedied to circumvent some of the problems facing the scheme-based treatment of AEOs. To establish the first contention, we will illustrate how empirical studies on factors conditioning expert reliability can (...) be drawn upon to re-construct. Walton’s critical questions matching the scheme of AEOs. To establish the second contention, we will illustrate how Walton’s re-constructed set of critical questions can be formalized within a Bayesian network. Finally, we will highlight how the specific ways in which the Bayesian framework we propose is both continuous with and distinct from the models of source reliability put forward by theorists like Bovens and Hartmann (2003). (shrink)

『史記』『春秋左氏伝』『春秋公羊伝』など多くの史書をもちいて孔子の生涯と言葉を再構成した類例のない孔子伝。また、孔子の思想が日本やほかのアジアの国に与えた影響についても広く解説。.

This paper analyzes the impacts of index inclusions and exclusions on corporate sustainable firms by studying a sample of US stocks that are added to or deleted from the Dow Jones Sustainability World Index over the period 2002-2008. The impacts are measured in terms of stock return, risk and liquidity. We cannot find any strong evidence that announcement per se has any significant impact on stock return and risk. However, on the day of change, index inclusion (exclusion) stocks experience a (...) significant but temporary increase (decrease) in stock return. Liquidity deteriorates after the announcement day and bounces back significantly near the day of change. Systematic risk shows little change after announcements. But, idiosyncratic risk is higher after announcements. The overall results support Harris and Eitan's (The Journal of Finance 41(4), 815-829, 1986) price pressure hypothesis, which posits that event announcement does not carry information and any shift in demand (and hence the corresponding price change and liquidity change) is temporary. (shrink)

本书分为一般原理篇和具体体现篇两篇,介绍了定律与法律、物化与法律、语言与法律、规则的本质、概念的概念、法律机构与法律推理、论刑法的不合理性等内容。.

Postula el presente artículo que tras la invasión a Irak estamos en presencia de una carrera bélica de los Estados Unidos, con un trasfondo geopolítico. Señala que la actual administración estadounidense busca ejercer su dominación imperial desde el poder hegemónico, renunciando a la política y al multilateralismo, sabiéndose la única potencia emergente de la postguerra fría. Tras los atentados en Nueva York y Washington habría surgido un nuevo modelo de seguridad basado en una reconceptualización de enemigo, que combina las doctrinas (...) de la guerra total y la de guerras de baja intensidad contenidas en la Doctrina para la Seguridad Nacional. Con ello sostiene el autor que el mundo ha ingresado a una era marcada por la doctrina de la guerra perpetua cuyo autonominado gendarme global son los EUA. (shrink)

The death of Jesse Gelsinger in 1999 during a gene therapy trial raised many questions about the ethical review of medical research. Here, the author argues that the principle of justice is interpreted too narrowly and receives insufficient emphasis and that what we permit in terms of bodily invasion affects the value we place on individuals. Medical research is a societally supported activity. As such, the author contends that justice requires that invasive medical research demonstrates sufficiently compelling societal benefit. Many (...) consider this societal benefit to be self evident. However, medical research is a complex activity; it yields new treatments but also creates financial rewards and affects health resource allocation. As research evolves into a multibillion pound, multinational enterprise, justice requires a much broader analysis of societal benefit. Without such evaluation we risk undermining the value of bodily integrity and of research participants. (shrink)

1. Juan shou -- 2. Da zong hu zhi yi -- 3. Da zong hu zhi er -- 3. Linyi hu. Mengcun hu -- 4. Daogou hu -- 6. Tengyang hu zhi yi -- 7. Tengyang hu zhi er -- 8. Jiu Xian hu -- 9. Zhongji hu -- 10. Caizhuang hu. Daizhuang hu. Liyuan hu -- 11. Shizhuang hu. Sibei hu -- 12. Dianbei hu. Xiguo hu -- 13. Xianyuan hu. Quannan hu. Qiwang hu. Chengguo hu -- 14. Miaokong (...) hu. Wenxian hu. Yibei hu -- 15. Hongmen hu. Shi Cun hu. Luxian hu. Yiyang hu. Kong Cun hu. Wangtang hu. Xiaozhuang hu. Gongduan hu -- 16. Huadian hu -- 17. Gucheng hu. Gangshan hu -- 18. Lucheng hu zhi yi -- 19. Lucheng hu zhi er -- 20. Kongtun hu. Xicheng hu. Jiucheng hu -- 21. Lüguan hu zhi yi -- 22. Lüguan hu zhi er -- 23. Lüguan hu zhi san -- 24. Lüguan hu zhi si -- 25. Linqian hu. Fangxi hu. Linmen hu -- 26. Guanzhuang hu. Daxue hu -- 27. Guangwen hu -- 28. Xiaoxue hu. Taole hu. Beigong hu -- 29. Zhifang hu. Dongzhuang hu. Fangshang hu. Gaozhuang hu. Nangong hu -- 30. Xing Cun hu. Guliu hu. Wu Sun hu. Dong Cun hu. Mozhuang hu -- 31. Zhangqu hu. Xizou hu -- 32. Xilin hu. Linxi hu -- 33. Nanzong pai -- 34. Jiangxi Xinjian zhi. Sichuan Langzhong zhi. Zhejiang Wenling zhi. Zhejiang Qiantang zhi -- 35. Qingping Kongzhuang zhi. Guangdong Nanhai Dali zhi. Henan Taikang zhi --. (shrink)

This book is a rendition of selected parts of The Four Books, focusing on the nature and morality of man, the education process, and the perfect personality, ...

本书共分七编, 内容包括: 生平、思想、遗迹与纪念物、孔氏家族、历代尊崇、孔子研究、海外影响.

作为一个全新的时代课题,孔子与传播学扯在一起颇有些奇意。《论语》所记载的,是孔子从生活中演绎出来的为人处世的经验和他对弟子的教导。这部曾经被古人誉为治国之本的儒家经典为现代人构建和谐社会,建立良好的人 际关系,提供一份温馨的劝导。开办学校、讲学、授业解惑、删诗修史、整理文献典籍、周游列国传播自己的理想和学说,可以说孔子整个一生都在传播。生命即传播,传播即生命,这就是孔子的人生.