This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
It is often taken for granted that the professional–patient relationship is one of trust, particularly given that these clinicians are “experts” in their clinical domain. Nonetheless, trusting grants discretionary powers to the trustee, making the truster vulnerable to the trustee (Rogers and Ballantyne 2008). In particular, some patient groups carry certain social vulnerabilities that can be exacerbated when they extend trust to health-care providers (HCPs). Informed by the feminist literature on epistemic hierarchy and oppression, this paper examines how calls to (...) trust may increase epistemic injustice and perpetuate the vulnerability and disablement of a particular group: people with impairments. This paper uses .. (shrink)
I first provide an interpretation of the doctrine of creatio ex nihilo based on the Fourth Lateran Council, according to which God creates from nothing if and only if God creates everything except God Himself. I then show that this doctrine entails the modal problem that it is both possible and not possible that there is nothing at all except God, or alternatively, that it is both necessary and not necessary that there is something else besides God. I proceed to (...) examine several proposals to solve the problem, and find them all inadequate. Therefore, I conclude that creatio ex nihilo violates modal logic and is necessarily false. (shrink)
A number of analytical philosophers have recently endorsed the view that the world itself is indeterminate in some respect. Intriguingly, ideas similar to the view are expressed by thinkers from Chinese Madhyamaka Buddhism, which may shed light on the current discussion of worldly indeterminacy. Using as a basis Chinese Madhyamaka thought, together with Jessica Wilson’s account of indeterminacy, I develop an ontological conception of indeterminacy, termed ontic indeterminacy, which centres on two complementary ideas—conclusive indeterminability and provisional determinability. I show that (...) OI is well-equipped to tackle several issues of worldly indeterminacy. My overarching aim is to present a viable and sustainable perspective on the subject of indeterminacy to enrich analytical philosophers’ insights into the intricate nature of reality. (shrink)
Since male CEOs dominate corporate leadership, the literature on top management decision making suffers from an implicit masculine bias. Although research indicates that males and females are biologically and psychologically different, the leadership characteristics of female CEOs are largely unexplored. Two of these characteristics, risk aversion and ethical sensitivity, are tied to key accounting issues, such as conservatism in financial reporting and steadfast opposition to fraud. In this study, we examine the relationship between CEO gender and accounting conservatism, and find (...) a positive association between the two. Consistent with conventional wisdom, this association appears to be stronger in firms with high rather than low litigation and takeover risks. This study contributes to the ethics literature by highlighting the benefits of gender diversity in upholding the integrity of financial reporting. (shrink)
In recent decades, the intertwining ideas of self-determination and well-being have received tremendous support in bioethics. Discussions regarding self-determination, or autonomy, often focus on two dimensions—the capacity of the patient and the freedom from external coercion. The practice of obtaining informed consent, for example, has become a standard procedure in therapeutic and research medicine. On the surface, it appears that patients now have more opportunities to exercise their self-determination than ever. Nonetheless, discussions of patient autonomy in the bioethics literature, which (...) focus on individual patients making particular decisions, neglect the social structure within which health-care decisions are made. Looking through the lens of disability and informed by the feminist conception of relational autonomy, this essay argues that the issue of autonomy is much more complex than the individualist model suggests. The social system and the ableist ideology impose various forms of pressure or oppressive power that can affect people’s ability to choose according to their value system. Even if such powers are not directly coercive, they influence potential parents’ decisions indirectly—they structure their alternatives in such a way that certain options are never considered as viable and other decisions must be made. This paper argues that, instead of only focusing on the individual act of decision-making, we need to pay attention to the social structure that frames people’s decision. (shrink)
Virtue epistemology maintains that epistemic normativity is a kind of performance normativity, according to which evaluating a belief is like evaluating a sport or musical performance. I examine this thesis through the objection that a belief cannot be evaluated as a performance because it is not a performance but a state. I argue that virtue epistemology can be defended on the grounds that we often evaluate a performance through evaluating the result of the performance. The upshot of my account is (...) that when a belief is evaluated under performance normativity, what we evaluate is not belief, but cognitive performance. My account of virtue epistemology offers a simple explanation of why knowledge is more valuable than true belief. (shrink)
As more and more multi-national companies expand their operations globally, their responsibilities extend beyond not only the economic motive of profitability but also other social and environmental factors. The objective of this article is to examine the impact of national culture and geographic environment on firms’ corporate social performance (CSP). Empirical tests are based on a global CSP database of companies from 49 countries. Results show that the Hofstede’s cultural dimensions are significantly associated with CSP. In addition, European companies are (...) found to out-perform other regions and countries in CSP. (shrink)
This debate article explores how smart technologies may create a double-edged sword for patient safety and effective therapeutic relationships. Increasing utilization of health monitoring devices by patients will likely become an important aspect of self-care and preventive medicine. It may also help to enhance accurate symptom reports, diagnoses, and prompt referral to specialist care where appropriate. However, the development, marketing, and use of such technology raise significant ethical implications for therapeutic relationships and patient safety. Drawing on lessons learned from other (...) direct-to-consumer health products such as genetic testing, this article explores how smart technology can also pose regulatory challenges and encourage overutilization of healthcare services. In order for smart technology to promote safer care and effective therapeutic encounters, the technology and its utilization must be safe. This article argues for unified regulatory guidelines and better education for both healthcare providers and patients regarding the benefits and risks of these devices. (shrink)
The pipeline model framework proposed by Char et al. makes a timely contribution to the literature in allowing one to take a step back and consider machine learning healthcare app...
This paper examines the practice of informed consent in Hong Kong by drawing on structured interviews conducted with eleven physicians, three patients, and four family members primarily at a well-established public hospital in Hong Kong. The findings of this study show that the Hong Kong approach to medical decision-making lies somewhere between that of America on the one hand, and mainland China on the other. It is argued that the practice of medical decision-making in Hong Kong can be modeled by (...) a moderate familism that is directed towards achieving the best interests of the patient (1) as understood by the physician, (2) in consultation with the family, (3) under the prima facie presumption that consent is not required for disclosure of information to the family, (4) while aiming at an eventual albeit frequently partial and vague disclosure to the patient. (shrink)
The importance of personal connections and relationships, or guanxi when doing business with the Chinese is widely acknowledged amongst Western academics and business managers alike. However, aspects of guanxi-rehted behaviours in the workplace are often misunderstood by Westerners with some going so far as to equate guanxi with forms of corruption. This study extends earlier study of Tan and Snell: 2002, Journal of Business Ethics 41 (December), 361-384) in its investigation of the underlying modes of moral reasoning in ethical decisions (...) relating to aspects of guanxi, amongst Hong Kong managers. Managers' ethical judgements and underlying moral reasoning relating to a series of guanxi related behaviours were recorded. Content analysis yielded categories that correspond with categories of moral reasoning described in Kohlberg's (1969, Handbook of Socialization Theory and Research, Rand McNally, Chicago, pp. 347-480) model. As hypothesised, it was found that harsher ethical evaluations of guanxi-vehted behaviours were positively correlated with the stage of moral reasoning. The most common types of reasoning were those corresponding to Kohlberg's stages four and five which relate to moral reasoning based on law and order, and on reason rather than emotion. Stage 6, concerned with more universalistic approaches to moral reasoning, was utilised considerably less, consistent with popularly held beliefs of the relativistic nature of Chinese ethics. (shrink)
Many clinical ethicists have argued that ethics expertise is impossible. Their skeptical argument usually rests on the assumptions that to be an ethics expert is to know the correct moral conclusions, which can only be arrived at by having the correct ethical theories. In this paper, I argue that this skeptical argument is unsound. To wit, ordinary ethical deliberations do not require the appeal to ethical or meta-ethical theories. Instead, by agreeing to resolve moral differences by appealing to reasons, the (...) participants agree to the Default Principle—a substantive rule that tells us how to adjudicate an ethical disagreement. The Default Principle also entails a commitment to arguments by parity, and together these two methodological approaches allow us to make genuine moral progress without assuming any deep ethical principles. Ethical expertise, in one sense, is thus the ability and knowledge to deploy the Default Principle and arguments by parity. (shrink)
The notions of “expert” and “expertise” imply that some people have more credibility than others on certain matters. While expert authority is often taken for granted, there are questions as to whether expert power in some cases can be a form of epistemic oppression. Informed by bedside disagreements between family and clinicians as well as feminist discussions of epistemic oppression, this paper argues for a commitment to epistemic humility and the adoption of a two-way collaborative approach between clinicians and families (...) that can help to enhance professionals’ own understanding of their theoretical framework and also promote responsive patient care. (shrink)
While disability has emerged as a major theme in academic and political discourses, a perusal of many bioethics textbooks reveals that most editors and philosophers still do not consider disability to be central to developing either critical perspective or social conscience in addressing the core questions in bioethics. This essay explores how disability issues are typically portrayed in bioethics textbooks by looking at the examples of genetic testing and medically assisted death. It explains how incorporation of disability perspectives helps to (...) provide students with opportunities for a fuller understanding of many concepts that are central to moral and political philosophy, such as equality, justice, the good life, moral agency, and autonomy. (shrink)
The article first gives an exegesis of the famous passage in the "Republic", 505d11-506a2. Attention is drawn to the fact that the principle that every soul does everything for the Good can be translated in two ways: Every soul does everything for the sake of the Good, or goes to all lengths for the sake of the Good. Depending on the different translations, we have a different picture of the platonic Socrates in the Republic, an intellectualistic Socrates for whom irrational (...) desires do not exist, or a Socrates who also accepts irrational desires. The article favours the first one. Then it attempts to show that we can elucidate some dark points in the Socratic thesis that the Good is what every soul pursues and for which every soul does everything, with the help of Aquinas’s distinction between it actio hominis and actio humana. Finally, the article outlines three substantive answers to the question “What is the Good?” – the henological, the perfectionist and the structuralist. Instead of advancing a new answer, the article suggests an uncontroversial formal starting point for an answer to this question. (shrink)
In this issue of the Hastings Center Report, Joshua Rager and Peter Schwartz suggest using opioid treatment agreements as public health monitoring tools to inform patients about “the requirements entailed by undergoing opioid therapy,” rather than as contractual agreements to alter patients’ individual behavior or to benefit them directly. Because Rager and Schwartz's argument presents suspected OTA violations as a justification to stop providing opioids yet does not highlight the broader epistemic and systemic context within which clinicians prescribe these medications, (...) their proposal may perpetuate a climate of distrust and stigmatization without correcting systemic factors that may have placed patients and others at risk in the first place. Given the context of epistemic uncertainty regarding opioid safety and efficacy, insufficient training for opioid prescribers, and inadequate patient education, I propose replacing OTAs, which have a narrow focus on patient behaviors, with opioid treatment plans, which would promote mutual, collaborative, and shared decision-making on the most appropriate pain management program. An OTP can be ethically justified as a tool to prevent and treat iatrogenic addiction under a specific paradigm—one that adopts a default position of professional epistemic humility and holds all collaborative parties accountable in chronic pain management. (shrink)
A number of traditional philosophers and religious thinkers advocated an ineffability thesis to the effect that the ultimate reality cannot be expressed as it truly is by human concepts and words. However, if X is ineffable, the question arises as to how words can be used to gesture toward it. We can't even say that X is unsayable, because in doing so, we would have made it sayable. In this article, I examine the solution offered by the fifth-century Indian grammarian-philosopher (...) Bhartrhari and develop it into a linguistic strategy based on the imposition-cum-negation method. The purpose is to show how we can non-contradictorily say, or rather indicate, the unsayable. (shrink)
Decision-making regarding healthcare expenditure hinges heavily on an individual's health status and the certainty about the future. This study uses data on propensity of general health exam (GHE) spending to show that despite the debate on the necessity of GHE, its objective is clear—to obtain more information and certainty about one’s health so as to minimise future risks. Most studies on this topic, however, focus only on factors associated with GHE uptake and overlook the shifts in behaviours and attitudes regarding (...) different levels of cost. To fill the gap, this study analyses a dataset of 2068 subjects collected from Hanoi (Vietnam) and its vicinities using the baseline-category logit method. We evaluate the sensitivity of Vietnamese healthcare consumers against two groups of factors (demographic and socioeconomic-cognitive) regarding payment for periodic GHE, which is not covered by insurance. Our study shows that uninsured, married and employed individuals are less sensitive to cost than their counterparts because they value the information in reducing future health uncertainty. The empirical results challenge the objections to periodic health screening by highlighting its utility. The relevance of behavioural economics is further highlighted through a look at the bounded rationality of healthcare consumers and private insurance companies in using and providing the service, respectively. (shrink)
With Carl Gegenbaur and Ernst Haeckel, inspiredby Darwin and the cell theory, comparativeanatomy and embryology became established andflourished in Jena. This tradition wascontinued and developed further with new ideasand methods devised by some of Haeckelsstudents. This first period of innovative workin evolutionary morphology was followed byperiods of crisis and even a disintegration ofthe discipline in the early twentieth century.This stagnation was caused by a lack ofinterest among morphologists in Mendeliangenetics, and uncertainty about the mechanismsof evolution. Idealistic morphology was stillinfluental in (...) Germany, which prevented a fullappreciation of the importance of Darwinstheory of natural selection for comparativemorphology. Evolutionary morphology andembryology failed to contribute significantlyto the modern synthesis of evolutionarybiology, thereby probably delaying theintegration of developmental biology intomodern evolutionary biology. However, Haeckelsstudent Oscar Hertwig, as well as Victor Franzand Alexej N. Sewertzoff from a youngergeneration, all tried to forge their ownsynthetic approaches in which (inspired byHaeckels work) embryology played an importantrole. Important for all three researchers wereattempts to refine, and sometimes redefine, thebiogenetic law, and to find new scientificexplanations for it (and for the manyexceptions to it). Their research was latermore or less forgotten, and had littleinfluence on the architects of the modernsynthesis. As the relationship betweenevolutionary and developmental biology is nowagain rising in importance in the form ofEvo-Devo, we would like to draw attention tohow this earlier research tradition grappledwith similar questions to those now on theagenda, albeit from sometimes quite differentperspectives. (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)
This debate article explores how smart technologies may create a double-edged sword for patient safety and effective therapeutic relationships. Increasing utilization of health monitoring devices by patients w...
A number of contemporary philosophers think that the unqualified statement “X is unspeakable” faces the danger of self-referential absurdity: if this statement is true, it must simultaneously be false, given that X is speakable by the predicate word “unspeakable.” This predicament is in this chapter formulated as an argument that I term the “ineffability paradox.” After examining the Buddhist semantic theory of apoha (exclusion) and an apoha solution to the issue, I resort to a few Chinese Buddhist and Hindu philosophical (...) materials to rationally reconstruct a strategy for resolving the paradox. By introducing the mode of expression termed “indication,” together with the relevant notions of superimposition and of gesturing beyond the horizon, I show that expressing the ineffable does not necessarily involve irresoluble contradiction. It is also suggested that philosophers may need to acknowledge the relevance of the notion of ineffability for contemporary philosophizing. (shrink)
If the criminal trial is aimed simply at ascertaining the truth of a criminal charge, it is inherently problematic to prevent the prosecution from adducing relevant evidence on the ground of its unlawful provenance. This article challenges the starting premise by replacing the epistemic focus with a political perspective. It offers a normative justification for the exclusion of unlawfully obtained evidence that is rooted in a theory of the criminal trial as a process of holding the executive to the rule (...) of law. On this theory, it is the admission rather than exclusion of such evidence that is inherently problematic. The differences between this theory and others that are in currency will be noted, as will its implications and limitations. (shrink)
The difficult phrase ὅ ποτε ὄν ἐστι (hereafter ‘OPO’), which occurs in key passages in Aristotle’s discussions of blood and of time, has long vexed interpreters of Aristotle. This paper proposes a new interpretation of OPO, which resolves some textual and interpretative problems about Aristotle’s theories of blood and of time. My interpretation will also shed light on more general issues in Aristotle’s metaphysics. In the passages I will discuss, Aristotle takes both blood and time to be examples of his (...) peculiar ‘coupled entities’. He then uses OPO to provide explanations which differ from what we might call his ‘standard’ metaphysical explanations. On the ‘standard’ approach, Aristotle explains derivative entities—non-substances—by describing their relationship to substances. By contrast to this standard form of explanation, when Aristotle uses OPO he explains blood and time by describing their relationship to non-substances. This paper thus identifies a new species of metaphysical dependence in Aristotle. In addition, it provides detailed examination of evidence concerning whether Aristotle himself used coupled entities in his own physical and metaphysical theories. (shrink)
For Sengzhao (374−414 CE), a leading Sanlun philosopher of Chinese Buddhism, things in the world are ontologically indeterminate in that they are devoid of any determinate form or nature. In his view, we should understand and use words provisionally, so that they are not taken to connote the determinacy of their referents. To echo the notion of ontic indeterminacy and indicate the provisionality of language, his main work, the Zhaolun, abounds in paradoxical expressions. In this essay, I offer a philosophical (...) analysis and rational reconstruction of Sengzhao’s linguistic thought, with a view to exploring the rationale for and purpose of his use of paradoxical language. (shrink)
This study examined the relationship between CEO ethical leadership and corporate social responsibility by focusing on the mediating role of organizational ethical culture and the moderating role of managerial discretion. Based on a sample of 242 domestic Chinese firms, we found that CEO ethical leadership positively influences corporate social responsibility via organizational ethical culture. In addition, moderated path analysis indicated that CEO founder status strengthens while firm size weakens the direct effect of CEO ethical leadership on organizational ethical culture and (...) its indirect effect on corporate social responsibility. Theoretical and managerial implications of these results are discussed. (shrink)
Folklore has a critical role as a cultural transmitter, all the while being a socially accepted medium for the expressions of culturally contradicting wishes and conducts. In this study of Vietnamese folktales, through the use of Bayesian multilevel modeling and the Markov chain Monte Carlo technique, we offer empirical evidence for how the interplay between religious teachings (Confucianism, Buddhism, and Taoism) and deviant behaviors (lying and violence) could affect a folktale’s outcome. The findings indicate that characters who lie and/or commit (...) violent acts tend to have bad endings, as intuition would dictate, but when they are associated with any of the above Three Teachings, the final endings may vary. Positive outcomes are seen in cases where characters associated with Confucianism lie and characters associated with Buddhism act violently. The results supplement the worldwide literature on discrepancies between folklore and real-life conduct, as well as on the contradictory human behaviors vis-à-vis religious teachings. Overall, the study highlights the complexity of human decision-making, especially beyond the folklore realm. (shrink)
The bone of contention that divides Alfred Schutz and Talcott Parsons in their 1940–1941 debate is that Schutz acknowledges an ontological break between the commonsense and scientific worlds whereas Parsons only considers it “a matter of refinement.” Schutz’s ontological distancing that disconnects the “world of consociates” where social reality is directly experienced in face-to-face contacts, and the “world of contemporaries” where the Other is experienced in terms of “types” has been crucial to social scientists. Implicated in the break is that (...) all intellectual attempts to understand experiences of Others must be based on the “models” constructed in the “world of contemporaries” (or “predecessors”); hence, epistemologically, to grasp the subjective point of view with a here-and-now understanding is an outright impossibility. Based on a Schutzian perspective, the author suggests that the sociologist must objectivize the Thou-orientations involved in his/her analysis in order that s/he can possibility grasp the subjective point of view in objective terms. (shrink)
This essay attempts to provide a systematic reconstruction of Nāgārjuna's philosophical thought by understanding it as a critique of the attachment to linguistic expressions and their referents. We first present an outline of Nāgārjuna's philosophy, centering on such notions as 'dependent origination', 'emptiness' and 'self-nature'. Then we discuss Nāgārjuna's dismissal of a metaphysical use of language, particularly his contention that language can function well without assuming the reality of its referents. We also consider his statement that he has no assertion (...) and explain his provisional use of language. Towards the end of the essay, we direct our attention to a paradoxical formula in a Buddhist sutra that should help in evaluating the contemporary significance of Nāgārjuna's linguistic critique. (shrink)