This paper is about how best to understand the notion of ‘public wrongs’ in the longstanding idea that crimes are public wrongs. By contrasting criminal law with the civil laws of torts and contracts, it argues that ‘public wrongs’ should not be understood merely as wrongs that properly concern the public, but more specifically as those which the state, as the public, ought to punish. It then briefly considers the implications that this has on criminalization.

This paper critically appraises the arguments that have been offered for what can be called ‘the expressive function of punishment’. According to this view, what distinguishes punishment from other kinds of non-punitive hard treatment is that punishment conveys a censorial/reprobative message about what the punished has done, and that this expressive function should therefore be accepted as part of the nature and definition of punishment. Against this view, this papers argues that the standard account of punishment, according to which punishment (...) is a kind of hard treatment that is imposed on an alleged offender in response to her alleged wrongdoing, can already properly account for punishment and distinguish it from other kinds of hard treatment when it is properly clarified and understood. Thus there is no need to accept the expressive function of punishment in addition to the standard account when it comes to the nature and definition of punishment. (shrink)

Legal coercion seems morally problematic because it is susceptible to the Hegelian objection that it fails to respect individuals in a way that is ‘due to them as men’. But in what sense does legal coercion fail to do so? And what are the grounds for this requirement to respect? This paper is an attempt to answer these questions. It argues that legal coercion fails to respect individuals as reason-responsive agents; and individuals ought to be respected as such in virtue (...) of the fact that they are human beings. Thus it is in this sense that legal coercion fails to treat individuals with the kind of respect ‘due to them as men’. (shrink)

There are at least two ways to argue for the view that the outcome of one’s actions does not affect one’s blameworthiness. The first way appeals to the ‘Control Principle’ while the second way relies on what it means to be blameworthy. The focus of this paper is on a recent attempt at pursuing this second way that relies on an account of blameworthiness dubbed the ‘Engagement View’. This paper argues, however, that the Engagement View alone is insufficient to show (...) why the outcomes of one’s actions does not affect one’s blameworthiness. It argues that if blame is understood more robustly as involving reactive attitudes like resentment and indignation, then it turns out the Engagement View can also give us reasons for the contrary view. This paper ends by drawing out some general implications that this has on our understanding of blameworthiness. (shrink)

This thesis is the first step in a research project which aims to develop an accurate and robust theory of global justice. The thesis concerns the content of our duties of global justice, under strict compliance theory. It begins by discussing the basic framework of my theory of global justice, which consists in two aspects: duties of minimal wellbeing, which are universal, and duties of fairness and equality, which are associative and not universal. With that in place, it briefly discusses (...) the nature of duties of fairness and equality. I shall argue that they are associative, because they are derived from the form of cooperation at hand; and that there are three kinds of them in our contemporary world: states, local cooperation and trans-state cooperation. It is from their forms of cooperation that these duties are derived. After that, the thesis focuses exclusively on duties of minimal wellbeing. Against the usual account of these duties - the human-flourishing account - I argue for my human-life account. This account argues that the function of these duties is to secure a human life for individuals; and it begins with a Razian conception of wellbeing, which states that the wellbeing of an individual is fundamentally constituted by: (a) the satisfaction of his biological needs, and (b) his success in whole-heartedly pursuing socially defined and determined goals and activities which are in fact valuable. An account of what constitutes a human life is then derived from this conception of wellbeing – it is a life that consists in having a level of wellbeing that is higher than the satisfaction of biological needs, where this is constituted by the pursuit of goals and activities with a sense of what is worth doing; and this in turn consists in: (a) being able to forms ideas of what is worth doing, (b) being able to revise them in light of further reasons, and (c) being able to coordinate one's actions according to them. I then determine the specific objects of duties of minimal wellbeing (means for the satisfaction of biological needs, education, physical security, freedom of belief, association and expression, freedom of non-harmful conduct, and minimal resources), by determining what is involved in securing such a human life for individuals. (shrink)

Over the past two decades, Victor and Cullen's (Adm Sci Q 33:101-125, 1988) typology of ethical climates has been employed by many academics in research on issues of ethical climates. However, little is known about how managerial practices such as communication and empowerment influence ethical climates, especially from a functional perspective. The current study used a survey of employees from Taiwan's top 100 patent-owning companies to examine how communication and empowerment affect organizational ethical climates. The results confirm the relationship between (...) these two managerial practices and organizational ethical climates. We discuss our results and their implications for both future academic research and practice. (shrink)

Medium- and high-spin states of Pr-134 were populated using the Cd-116(Na-23, 5n) reaction and studied with the GAMMASPHERE spectrometer. Several new bands have been found in this nucleus, one of them being linked to the previously observed chiral-candidate twin-band structure. The ground state of Pr-134 could be determined through establishing a level structure that connects the two previously known long-lived isomeric states. Unambiguous spin-parity assignments for the excited states could be performed based on the known 2(-) spin-parity of the ground (...) state combined with the present experimental data. Intrinsic single-particle configurations have been assigned to the newly observed bands on the basis of the measured B(M1)/B(E2) ratios, alignments, band-crossing frequencies, bandhead spins, the observed single-particle configurations in the neighboring nuclei, and taking into account the predictions of total Routhian surface and tilted-axis cranking calculations. (shrink)

A cross-sectional study to ascertain what the Singapore population would regard as material risk in the anaesthesia consent-taking process and identify demographic factors that predict patient preferences in medical decision-making to tailor a more patient-centered informed consent. A survey was performed involving patients 21 years old and above who attended the pre-operative evaluation clinic over a 1-month period in Singapore General Hospital. Questionnaires were administered to assess patients’ perception of material risks, by trained interviewers. Patients’ demographics were obtained. Mann–Whitney U (...) test and Kruskal-Wallis one-way analysis of variance was used. Statistical significance was taken at p < 0.05. Four hundred fourteen patients were eligible of which 26 refused to participate and 24 were excluded due to language barrier. 364 patients were recruited. A higher level of education, being employed and younger age group are factors identified in patients who wanted greater participation in medical decisions. Gender, marital status, type of surgery, and previous surgical history did not affect their level of participation. The complications most patients knew about were Nausea, Drowsiness and Surgical Wound Pain. Patients ranked Heart Attack, Death and Stroke as the most significant risks that they wanted to be informed about in greater detail. Most patients wanted to make a joint decision with the anaesthetist, instead of letting the doctor decide or deciding for themselves. Discussion with the anaesthetist is the preferred medium of communication compared to reading a pamphlet or watching a video. Age and educational level can influence medical decision-making. Despite the digital age, most patients still prefer a clinic consult instead of audio-visual multimedia for pre-operative anaesthetic counselling. The local population appears to place greater importance on rare but serious complications compared to common complications. This illustrates the need to contextualize information provided during informed consent to strengthen the doctor-patient relationship. (shrink)

High-spin states have been studied in Pr-135(59), populated through the Cd-116(Na-23,4n) reaction at 115 MeV, using the Gammasphere gamma-ray spectrometer. The negative-parity yrast band has been significantly extended to spin similar to 45 (h) over bar and excitation energy 21.5 MeV, showing evidence for several rotational alignments. The positive-parity yrast band of Ce-135(58), populated through the p4n channel of this reaction, was also populated to spin similar to 38 (h) over bar and excitation energy 18 MeV. Cranking calculations indicate that (...) these nuclei are soft with respect to the triaxiality parameter gamma and that several competing nuclear shapes occur at high spin. (shrink)

A recursive graph is a graph whose vertex and edge sets are recursive. A highly recursive graph is a recursive graph that also has the following property: one can recursively determine the neighbors of a vertex. Both of these have been studied in the literature. We consider an intermediary notion: Let A be a set. An A-recursive graph is a recursive graph that also has the following property: one can recursively-in-A determine the neighbors of a vertex. We show that, if (...) A is r.e. and not recursive, then there exists A-recursive graphs that are 2-colorable but not recursively k-colorable for any k. This is false for highly-recursive graphs but true for recursive graphs. Hence A-recursive graphs are closer in spirit to recursive graphs than to highly recursive graphs. (shrink)

The quantum mechanical description of the evolution of an unstable system defined initially as a state in a Hilbert space at a given time does not provide a semigroup (exponential) decay, law. The Wigner–Weisskopf survival amplitude, describing reversible quantum transitions, may be dominated by exponential type decay in pole approximation at times not too short or too long, but, in the two channel case, for example, the pole residues are not orthogonal, and the evolution does riot correspond to a semigroup (...) (experiments on the decay of the neutral K-meson system strongly support the semigroup evolution postulated, by Lee, Oehme and Yang, and Yang and Wu). The scattering theory of Lax and Phillips, originally developed for classical wave equations, has been recently extended to the description of the evolution of resonant states in the framework of quantum theory. The resulting evolution law of the unstable system is that of a semigroup, and the resonant state is a well-defined function in the Lax–Phillips Hilbert space. In this paper we apply this theory to a relativistically covariant quantum field theoretical form of the (soluble) Lee model. We construct the translation representations with the help of the wave operators, and show that the resulting Lax–Phillips S-matrix is an inner function (the Lax–Phillips theory is essentially a theory of translation invariant subspaces). In the special case that the S-matrix is a rational inner function, we obtain the resonant state explicitly and analyze its particle (V, N, θ) content. If there is an exponential bound, the general case differs only by a so-called trivial inner factor, which does not change the complex spectrum, but may affect the wave function of the resonant state. (shrink)

The ‘mind-made body’ is seen as a subtle body attained by a Buddhist adept during meditative practice. Previous research has elucidated this concept as having important doctrinal significance in the Buddhist cosmological system. The P?li canonical evidence shows that the manomaya-k?ya is not merely a spiritual byproduct of meditative training, but also a specific existential mode of being in the system of the three realms. Studies of the manomaya-k?ya to date, however, have focused mostly on early P?li materials, and thus (...) do not encompass theoretical development and soteriological significance of this notion in later tradition. As a beginning step to fill this gap, this article explores the meanings of the manomaya-k?ya represented in the?r?m?l?dev? S?tra and the two treatises of the Ratnagotravibh?ga??stra and the Foxing lun, which are doctrinally based on the?r?m?l?dev? S?tra in their discussion of the manomaya-k?ya. Through the observation of the manomaya-k?ya in these Mah?y?na texts, this article seeks to demonstrate how the concept is used in the broader cosmological and soteriological system of Mah?y?na tradition. For this purpose, I first review the meanings of the manomaya-k?ya in early Buddhist texts and then observe the cosmological and soteriological meaning of the notion by analyzing the theoretical connection between the three Mah?y?na texts. (shrink)

A technical but lucid and relatively elementary discussion of the development of the physical concepts of space and time and the bearing of the parity hypothesis of Lee and Yang on the future course of this development.--L. K. B.

This paper develops and tests a new conceptual model incorporating the indirect impact of two ethical ideologies (idealism and relativism) on Chinese consumers’ ethical judgments under four ethically problematic consumption situations (active benefit, passive benefit, deceptive practice, and no/indirect harm) through two cultural values (integration and moral discipline). Data from a large-scale online consumer survey in five major Chinese cities (_N_ = 1046) support most hypotheses. The findings are consistent with the postulated global impact of ethical ideology on forming an (...) individual’s beliefs and values and highlight the importance of a thorough understanding of the significant determinants of consumer ethics to promote ethically responsible consumption behaviors. This study also uses an emic approach to conceptualize and measure Chinese cultural values by using cultural constructs and measures that are designed explicitly in the Chinese context. (shrink)

Using the corpus of JSTOR articles, we investigate the role of gender in collaboration patterns across the scholarly landscape by analyzing gender-based homophily--the tendency for researchers to co-author with individuals of the same gender. For a nuanced analysis of gender homophily, we develop methodology necessitated by the fact that the data comprises heterogeneous sub-disciplines and that not all authorships are exchangeable. In particular, we distinguish three components of gender homophily in collaborations: a structural component that is due to demographics and (...) non-gendered authorship norms of a scholarly community, a compositional component which is driven by varying gender representation across sub-disciplines, and a behavioral component which we define as the remainder of observed homophily after its structural and compositional components have been taken into account. Using minimal modeling assumptions, we measure and test for behavioral homophily. We find that significant behavioral homophily can be detected across the JSTOR corpus and show that this finding is robust to missing gender indicators in our data. In a secondary analysis, we show that the proportion of female representation in a field is positively associated with significant behavioral homophily. (shrink)

In 2011, the Department of Health and Human Services proposed changes to the regulations that govern human subjects protection in federally funded research. The proposed changes involve modifying inclusion standards for minimal-risk research and removing the necessity of review from certain categories of noninvasive research. All studies would instead be required to comply with privacy protections as initiated by the Health Information Portability and Accountability Act . We argue that relying on HIPAA to protect participants from participation-related risks in noninvasive (...) research is insufficient to protect the autonomy and psychological health of potential research participants. Instead, we suggest a streamlined review format for these categories of research. (shrink)

Managers in ethnic businesses are confronted with ethical dilemmas when taking action based on ethnic ties; and often as a result, they increase the already vulnerable positions of these businesses and their stakeholders. Many of these dilemmas concern the capital that is generated through variations in the use of ethnic stakeholder social ties. The purpose of this paper is to suggest a stakeholder-based model of social capital formation, mediated by various forms of ethnic ties, to explore the duality of ethnicity: (...) it can aid and hinder an ethnic business. Drawing upon the social capital/economic development, stakeholder salience, ethnic businesses literatures, and on social identity theory, we develop a cyclical model of relationships among ethnic business stakeholder attributes and social capital, as mediated by three-way Simmelian bonding and bridging ties, which then, in turn, affects the ethnic stakeholder attributes. We argue that the development of bridging yet strong ties through this cyclical process is relevant for the improvement of the positions of ethnic businesses in terms of both economic success and social responsibility. Specifically, we suggest that, given the duality of ethnicity in business, managers can prioritize stakeholder relationships based upon how these stakeholder ties affect social capital. (shrink)

The equations of state for the ideal classical gas are generalized with two characteristic constants known as the state indices. A simple and complete representation is developed for the super-ideal gas, with explicit results which are general enough to cover a wide range of equilibrium systems and states. Evidence and justification are provided in terms of examples and results of statistical physics. The new model should prove useful for treating problems involving physical behavior and properties which might otherwise call for (...) specialized or advanced methods of statistical mechanics. (shrink)

Over the past two decades, Victor and Cullen’s (Adm Sci Q 33:101–125, 1988 ) typology of ethical climates has been employed by many academics in research on issues of ethical climates. However, little is known about how managerial practices such as communication and empowerment influence ethical climates, especially from a functional perspective. The current study used a survey of employees from Taiwan’s top 100 patent-owning companies to examine how communication and empowerment affect organizational ethical climates. The results confirm the relationship (...) between these two managerial practices and organizational ethical climates. We discuss our results and their implications for both future academic research and practice. (shrink)

From its inception, genomics has been a speculative endeavor, fixated on a far-off horizon that would deliver on the promise of targeted diagnostics and individualized therapeutics (Fortun 2008). M...

This study empirically examines how Chinese executives perceive the role of guanxi and ethics played in their business operations. By factor-analyzing 850 valid replies collected from a comprehensive survey, the present study identifies three distinct ethics-related attitudes and two distinct guanxi-related attitudes for Chinese executives. The cluster analysis of the composite scores of these five attitudinal factors further indicates the existence of three distinct groups of Chinese executives that vary in their ethics and guanxi orientations. The three groups are unethical (...) profit seeker (UPS), anti-governance, guanxi-cultivator (AGGC), and apathetic executive (AE). The three groups are also found to be significantly different in such demographic characteristics as age and the ownership structure of the serving organization. Specifically, the inter-group comparison suggests that younger Chinese executives, and those working for privately-owned firms and joint ventures are more inclined to engage in unethical activities for profits. These findings provide useful insights for international investors to formulate their human resource and negotiation strategies in China. (shrink)

Drawing on the general ethics and social psychology literature, this study presents a model to delineate the major factors likely to affect consumers’ intentions to bring their own shopping bags when visiting a supermarket (called “bring your own bags” or “BYOB” intention). The model is empirically validated using a survey of 250 Chinese consumers. Overall, the findings support the hypothesized direct influence of teleological evaluation and habit on BYOB intention, as well as that of deontological evaluation and teleological evaluation on (...) ethical judgment about the BYOB practice. Teleological evaluation exerts a much stronger influence on ethical judgment than does deontological evaluation. In addition, the findings reveal that consumers who perceive the BYOB practice to be more important are more inclined to rely on their ethical judgment to derive their BYOB intention. Academically, these findings provide some encouraging evidence for the application of general ethics theories to explain green consumption-related practices. Practically, the findings also suggest that a utilitarian approach (i.e., emphasizing the consequences of BYOB) may represent an effective means for the Chinese government to promote BYOB practice among consumers. (shrink)

This study is a theoretical work in the field of sociology of religion which aims to explain the origin of the act of sin and the fundamental motives of crime and deviation tendencies in this context, from Adam’s story in the Qur'an, the main source of Islam. Sin is regarded as a negative act in religious-cultural sense where one struggles for life and tries to protect itself. Though a direct correlation cannot be established with belief values, the sense of sin (...) can be effective in shaping our everyday life and controlling our behavior. Adam’s story is worthy of examination in this context as it carries the qualification of being a religious text that allows us to study the nature of sin. This is based on the Qur'anic text which we think is the simplest form of expression. Adam and Eve, Satan, Abel and Cain are the actors of this story and prototypes helping us to analyze the nature of sin. In this sense, sin acts in the form of various crimes and deviance behaviors as the result of man's eternity of property, power and status struggle in the person of these prototypes. Some theories which have been put forward about crimes and deviations can give a certain explanation on the subject. Also there is the possibility of giving more comprehensive factual explanations about the act of sin which contains a great deal of crime and deviant behavior, moving from the story of Adam. (shrink)

The urgency of the research topic lies in the author's search for the elimination of environmental and other threats to the existence of mankind. The population of Homo Sapiens increases quantitatively, intensify the rate of degradation of the natural environment and accelerates the movement to the total Collapse. Scientists in the world create only "appeals" and “warnings” of danger, but even the UN decision and three environmental forums 1992, 2002 and 2012 do not indicate real means of salvation. The purpose (...) of the study is a critical analysis of the works of scientists of the world and their environmental projects and plans. The objectives of the study are to offer a real way of saving humanity through the replacement of industrial technologies with environmentally safe nootechnologies, the development and use of the noosciences. The methodology of the study is based on the authors' foundations of the basis of many new exact and humanitarian noosciences - noophilosophy, nooecology, noohistory, noosociology, noocognitiology, and others. We use the noointegral, systemic and noohistorical methods within the framework of a promising principle of global evolutionism with transdisciplinary approaches. The result of the study is unquestionable evidence that in the flow of nanotechnologies since 2000 ecologically safe appears, which we propose to call "wise" - neotechnologies. Their number is small and the number is growing slowly, but the trends of world science evidenced by the inevitability of the victory of nootechnologies and elimination of all industrial technologies. The main result of the study is the list of noosciences and nootechnologies, which are "terms from the future". They form the Nooglossary for which we received the copyright certificate - a legal document of our author's priority. The conclusion is that humanity will be saved not by the "third industrial revolution" by J. Rifkin and not by the "fourth" K. Schwab or “smart-activity”, but by the development of the nooosciences and the massive use of environmentally safe nootechnologies. Nooera has already begun, but humanity does not notice it yet. The first nootechnologies exist, but they are still too small. We have created the Nooglossary to accelerate the progression of noofuture. (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)

Introduction: Probationers, offenders with less serious and non-violent offences, and under statutory supervision, have low levels of self-esteem and physical health, and high level of family conflict, and poorer quality of family relationships. This study examined the effectiveness of the existing probation service and the additional use of a positive family holistic health intervention to enhance physical, psychological, and family well-being in probationers and relationships with probation officers.Methods: Probationers under the care of the Hong Kong Social Welfare Department were randomized (...) into a care-as-usual control group, a brief intervention group receiving two 1-h individual sessions [of a brief theory-based positive family holistic health intervention integrating Zero-time Exercise and positive psychology themes of “Praise and Gratitude” in the existing probation service], or a combined intervention group receiving BI and a 1-day group activity with family members. The outcomes were physical activity, fitness performance, self-esteem, happiness, anxiety and depression symptoms, life satisfaction, quality of life, family communication and well-being, and relationships with probation officers. Self-administered questionnaires and simple fitness tests were used at baseline, 1-month and 3-month follow-up. Linear mixed model analysis was used to compare difference in the changes of outcome variables among groups, adjusted of sex, age, and baseline values. Focus group interviews were conducted. Thematic content analysis was used.Results: 318 probationers were randomized into CAU, BI, or CI group. CAU showed enhanced physical activity, fitness performance and psychological health, and family communication with small effect sizes. BI and CI showed further improved physical activity, family communication and family well-being. Additionally, CI reported greater improvements in the relationships with probation officers than CAU with a small effect size. CI also reported greater increases in physical activity and family communication than BI with small to moderate effect sizes. Qualitative feedbacks corroborated the quantitative findings.Conclusion: Our trial provided the first evidence of the effectiveness of probation service and the additional use of an innovative, relatively low-cost, theory-based brief positive family holistic health intervention. This intervention may offer a new model for enhancing probation service.Trial Registration: The research protocol was registered at the National Institutes of Health. (shrink)

Previous research has found that funding disparities are driven by applications’ final impact scores and that only a portion of the black/white funding gap can be explained by bibliometrics and topic choice. Using National Institutes of Health R01 applications for council years 2014–2016, we examine assigned reviewers’ preliminary overall impact and criterion scores to evaluate whether racial disparities in impact scores can be explained by application and applicant characteristics. We hypothesize that differences in commensuration—the process of combining criterion scores into (...) overall impact scores—disadvantage black applicants. Using multilevel models and matching on key variables including career stage, gender, and area of science, we find little evidence for racial disparities emerging in the process of combining preliminary criterion scores into preliminary overall impact scores. Instead, preliminary criterion scores fully account for racial disparities—yet do not explain all of the variability—in preliminary overall impact scores. (shrink)