對於person與self，「個人」與「自我」概念的釐清， 有助於東亞漢字文化圈內部的相互理解，並可作為東亞與西方對話的橋樑。 本書所收錄各篇論文大多涉及了「跨學科」與「跨文化」的研究，以「個人」（人格）與「自我」的概念作為串貫，當中包括中國思想、德國哲學、英國哲學、京都學派、當代新儒家哲學與臺灣日治時期哲學。在篇目安排上，以 〈非人類學觀點下的自我與個人〉作為全書在方法論上的引言，其後再列東亞傳統思想中具有主流意義的孔孟儒學、道家哲學與陽明心學，最後則列以東亞現代哲學。 本書所論及的中西思想家，主要有老子、孔子、孟子、莊子、王弼、王陽明、康德、海德格、謝勒、格林、西田幾多郎、田邊元、阿部次郎、和辻哲郎與洪耀勳等；主題方面，主要由人格、身心、語言與意識、場所、媒介、人間 與實存等議題組成。在個人與自我之概念的研討上，相當值得參考。.

The COVID-19 pandemic has significantly changed university students' life routines, such as prolonged stay at home and learning online without prior preparation. Identifying factors influencing student online learning has become a great concern of educators and researchers. The present study aimed to investigate whether family wellbeing would significantly predict university students' online learning effectiveness indicated by engagement and gains. The mediational role of individual wellbeing such as life satisfaction and sleep difficulties was also tested. This study collected data from 511 (...) undergraduate students via an online survey. Structural equation modeling analysis revealed positive effects of family support on students' learning engagement and gains through the mediational effects of life satisfaction and sleep difficulties. In contrast to our expectation, family conflict during the pandemic also positively predicted students' learning gains, which, however, was not mediated by individual wellbeing. The findings add value to the existing literature by delineating the inter-relationships between family wellbeing, individual wellbeing, and online learning effectiveness. The study also sheds light on the unique meaning of family conflict, which needs further clarification in future studies. (shrink)

At the intersection of law, feminism and philosophy, this book analyses the ways in which certain bodies and 'selves' continue to be treated as monstrous aberrations from the 'ideal' figure or norm. Employing contemporary feminist philosophy to rethink accepted legal ideas, the book is divided into three sections. The first focuses on the different relational ontologies of philosophers Adriana Cavarero and Christine Battersby - also considering their work via a third term: Spinoza. The second turns to diverse feminist engagements with (...) the social contract theorists. The third section employs insights from throughout the book to focus more explicitly on law - and, in particular privacy law and the so-called 'wrongful birth' cases. Bringing together more than twenty years of sustained reflection, this book offers an insightful account of how contemporary feminist philosophy can contribute to a richer understanding of law. It will be of enormous interest to scholars and students working in the areas of legal theory, feminist thought and philosophy. (shrink)

As of July 1, 2008, females aged 11-26 years seeking status as permanent residents in the United States must produce documentation that they have received the human papillomavirus vaccine before the U.S. Citizenship and Immigration Services will approve their status adjustment. Immigration rights activists and public health officials have objected to this new requirement on the grounds that it is unnecessary and imposes unreasonable barriers to lawful immigration due to its expense. The Supreme Court has generally upheld mandatory vaccination requirements (...) for citizens and non-citizens and has tolerated federal immigration regulations that would be unconstitutional if applied to citizens. However, the HPV vaccination requirement may be arbitrary, unnecessary, and discriminatory as applied to green card applicants who pose no greater threat to public health than citizens who are not subject to the same requirements. Furthermore, the requirement may also impose unreasonable restraints on aliens individual liberties as well as real barriers to immigration. (shrink)

This book uses contemporary feminist insights to examine aspects of the classic social contractarians' arguments, concentrating upon the work of Hobbes, Spinoza ...

In lieu of an abstract, here is a brief excerpt of the content:160 BOOK REVIEWS ary. The latter dispose toward {mediate) and help in the expression of (pertain to the use of) the grace of the Spirit. In professing the priority of the Spirit, The Reshaping of Catholicism could hardly be in greater agreement with the Summa theologiae. This theme in Dulles suggests how Aquinas can be linked to ecclesial renewal: Aquinas's thought on the New Law can assist the Church (...) in continually re-acquiring its own divinely given internal order. FR. THOMAS HUGHSON, S.J. Pontificial Biblical Institute,!erusalem; Marquette University, Milwaukee, Wisconsin Choice: The Essential Element in Human Action. By ALAN DoNAGAN. Studies in Philosophical Psychology, R. F. Holland, ed. London and New York: Routledge and Kegan Paul, 1987. Pp. x + 197. $29.95 (cloth). Readers of Donagan expecting a book in the style of The Theory of Morality will be surprised; Choice: The Essential Element in Human Action is far more compact and demanding. In setting out to support his thesis that the "propositional attitudes" (the term is taken from Russell) of beliefs and wishes explain choices which, in turn, explain human actions, the author considers a plethora of views and objections of both contemporary and traditional philosophers: Gilbert Ryle-whose Concept of Mind Donagan considers a classic of analytic Aristotelianism -Roderick Chisholm, Donald Davidson, Anthony Kenny, John Searle, Alvin Goldman, Elizabeth Anscombe, Bertrand Russell, Plato, Aristotle, Aquinas, Wittgenstein, Quine, and Frege. At times the reader may wish that fewer theorists were appealed to, or perhaps that his or her familiarity with the views referred to were more extensive, or at least that (although not in the case of Frege) they were explicated in more detail. Further explication, however, could obscure hopelessly the line of reasoning of the author. While he appears to wish to give credit every place it is due, he also wishes to clarify the genesis of significant objections to be met by a defensible action theory. Happily, Donagan himself provides an overview of his project, which he calls a " Plan for an Investigation of Human Action on Socratic Lines." This is proffered in chapter one after the author has discussed the " Socratic tradition in the theory of human action " and the question "Should the Socratic tmdition be jettisoned as folk psychology?" BOOK REVIEWS 161 As these sections provide the foundation for Donagan's thesis, they are briefly summarized here. Considering both Aristotle and the " mediaeval Aristotelian " Aquinas to be in the Socratic tradition, Donagan emphasizes Aristotle's role in distinguishing human from animal action. Possibilities for acting are represented in the human intellect in propositions, toward which one can take various attitudes. Those philosophers who hold that such propositional attitudes cannot explain human action are challenged. Donagan then takes on those cognitive scientists who reject as " stagnant " and rooted in folk beliefs the Socratic theory of action. He rather impressively presents the problems involved in admitting, as do the " scientific psychologists," the practicality of employing the notion of propositional attitudes in history and natural sciences (which seem to exist in a context of history), while at the same time actually :rejecting the existence of such attitudes and hence their theoretical validity. Indeed, Donagan brings home the point that it is simply incon· sistent to hold both that there are no beliefs and that the belief that there are beliefs underlies a stagnant research program. Having thus sustained his position :regarding propositional attitudes in general, Donagan summarizes, chapter by chapter, his "contem· po:rary Socratic " plan for examining the actions of rational animals. It will be helpful to sketch this program, filling in crucial portions. In chapter two the author contends that bodily or mental actions are events that are individuals insofar as they are " changes or persistences in states of continuing individual objects" (p. 38). Propositional attitudes are states, but their arising and persistence in being as energeiai are events that explain,actions. Building on Aristotle's teaching and that of his mediaeval successors, in chapter three Donagan argues that beliefs and wishes, or the cognitive and appetitive propositional at· titudes, explain choices which in turn explain actions. In chapter four Donagan elucidates Durnmett's :revision of the Fregeau semantical theory, which he opts... (shrink)

As of July 1, 2008, females aged 11-26 years seeking status as permanent residents in the United States must produce documentation that they have received the human papillomavirus vaccine before the U.S. Citizenship and Immigration Services will approve their status adjustment. Immigration rights activists and public health officials have objected to this new requirement on the grounds that it is unnecessary and imposes unreasonable barriers to lawful immigration due to its expense. The Supreme Court has generally upheld mandatory vaccination requirements (...) for citizens and non-citizens and has tolerated federal immigration regulations that would be unconstitutional if applied to citizens. However, the HPV vaccination requirement may be arbitrary, unnecessary, and discriminatory as applied to green card applicants who pose no greater threat to public health than citizens who are not subject to the same requirements. Furthermore, the requirement may also impose unreasonable restraints on aliens individual liberties as well as real barriers to immigration. (shrink)

Quantum gravity’s suggestion that spacetime may be emergent and so only exist contingently would force a radical reconception of extant analyses of laws of nature. Humeanism presupposes a spatiotemporal mosaic of particular matters of fact on which laws supervene; primitivism and dispositionalism conceive of the action of primitive laws or of dispositions as a process of ‘nomic production’ unfolding over time. We show how the Humean supervenience basis of non-modal facts and primitivist or dispositionalist accounts of nomic production can be (...) reconceived, avoiding a reliance on fundamental spacetime. However, it is unclear that naturalistic forms of Humeanism can maintain their commitment to there being no necessary connections among distinct entities. Furthermore, non-temporal conceptions of production render this central concept more elusive than before. In fact, the challenges run so deep that the survival of the investigated analyses into the era of quantum gravity is questionable. (shrink)

Over the last decade, cities, counties, and states across the United States have enacted higher minimum wages, paid sick leave and family leave, domestic worker protections, wage theft laws, “Ban the Box” removal of questions about conviction history from job applications, and fair scheduling laws. Nevertheless, vulnerable workers still do not trust government to come forward and report labor law violations. The article argues that while increasing the size of the labor inspectorate and engaging in strategic enforcement are necessary, they (...) are not sufficient. It argues that co-enforcement, in which government partners with organizations that have industry expertise and relationships with vulnerable workers, has the potential to manage the shifting and decentralized structures of twenty-first-century production, which were explicitly designed to evade twentieth-century laws and enforcement capabilities. The article aims to contribute to a broader understanding of the role of organizations in enforcement and the circumstances in which their effectiveness can be maximized. It sets forth a set of scope conditions and mechanisms and examines empirical cases of co-enforcement in Austin, Los Angeles, and San Francisco. The main findings are that co-enforcement is most enduring when government agencies and worker organizations recognize each other’s unique capacities, rather than attempt to substitute for one another ; the effort focuses on a specific industry; and the collaboration receives strong political support. Sustaining the impacts of co-enforcement is found to require greater formalization of the partnership and funding streams. (shrink)

This paper draws upon contemporary feminist philosophy in order to consider the changing meaning of privacy and its relationship to identity, both online and offline. For example, privacy is now viewed by European Court of Human Rights (ECtHR) as a right, which when breached can harm us by undermining our ability to maintain social relations. I briefly outline the meaning of privacy in common law and under the European Convention on Human Rights (ECHR) in order to show the relevance of (...) contemporary feminist thought, in particular the image of selfhood that stresses its relationality. I argue that the meaning of privacy is in the process of altering as a result of a number of contingent factors including both changes in technology, particularly computer mediated communication (CMC), and changes in the status of women. This latter point can be illustrated by the feminist critique of the traditional reluctance of the liberal state to interfere with violence and injustice within the “privacy” of the home. In asking the question: “how is the meaning of “privacy” changing?” I consider not only contemporary legal case law but also Thomas Nagel’s influential philosophical analysis of privacy. Nagel’s position is useful because of the detail with which he outlines what privacy used to mean, whilst bemoaning its passing. I agree with his view that its meaning is changing but am critical of his perspective. In particular, I challenge his claim regarding the traditional “neutrality of language” and consider it in the context of online identity. (shrink)

In this article, we analyzed the effect of various factors on moral judgment and ethical attitudes of working persons. It was found that the effect of various socio-demographic factors on ethical attitudes varied between the two different categories of ethical issues under study, issues which involve explicit violation of laws vis-à-vis issues which involved social concerns. Our results did not support the implication of Callahan’s hypothesis that males are more sensitive to rule-based ethical issues while women are to issues involving (...) social concerns; it was found that females have a lower acceptability of unethical behaviors related to both categories of issues in Hong Kong, whereas gender effect was not statistically significant in Mainland China. University education also had no significant effect on ethical attitudes. Religion played an important role in affecting ethical attitudes, however, its effect varied with different types of religions; Christianity was found to be most favorable to higher ethical standards, but people of traditional Chinese religion had a higher acceptability of unethical behaviors involving social concerns compared to people with no religion. Our finding also indicated that employees in state-owned enterprises, private employees, employees in foreign-investment firms, and employers in Mainland China all had a higher acceptability of unethical law-breaking behaviors compared to workers in collectives, throwing doubt on the validity of convergence theory in Mainland China. (shrink)

The article sets out a primitive ontology of the natural world in terms of primitive stuff—that is, stuff that has as such no physical properties at all—but that is not a bare substratum either, being individuated by metrical relations. We focus on quantum physics and employ identity-based Bohmian mechanics to illustrate this view, but point out that it applies all over physics. Properties then enter into the picture exclusively through the role that they play for the dynamics of the primitive (...) stuff. We show that such properties can be local, as well as holistic, and discuss two metaphysical options to conceive them, namely, Humeanism and modal realism in the guise of dispositionalism. 1 Introduction2 Primitive Ontology: Primitive Stuff3 The Physics of Matter as Primitive Stuff4 The Humean Best System Analysis of the Dynamical Variables5 Modal Realism about the Dynamical Variables6 Conclusion. (shrink)

By focusing upon three figures: a trade unionist, who can no longer understand or reconcile himself with his past misogynist behaviour; Spinoza’s Spanish poet, who loses his memory and can no longer write poetry or even recognise his earlier work; and Spinoza’s lost friend, Burgh, who became a devout Catholic, I draw out Spinoza’s description of radical change in beliefs. I explore how, for Spinoza, radical changes that involve an increase in our powers of acting are conceived differently from those (...) changes that reduce our power. These transitions—which can be viewed as both personal and political—are not symmetrical because of the way in which they can be understood in relation to selfhood. To highlight the originality of Spinoza’s argument on personal change, I then compare it with that of his contemporary John Locke, who in Chapter 27 of the Essay Concerning Human Understanding famously theorises the maintenance of personal identity. I draw out one common aspect of the work of Étienne Balibar and of Janet Coleman to compare the ways in which Spinoza and Locke produce different answers to the same questions: how do we conceptualise our encounters with bodies and with ideas? How do these encounters affect our identity over time? In the final section, I switch from analysing personal (but also political) change to consider political change itself, by juxtaposing Warren Montag’s Spinozist analysis of the will, with Carole Pateman’s feminist critique of contract and consent. (shrink)

While the richness of Heideggerian philosophy is attractive as a healthcare research framework, its density means authors rarely utilise its fullest possibilities as an hermeneutic analytic structure. This article aims to clarify Heideggerian hermeneutic analysis by taking one discrete element of Heideggerian philosophy (Being-towards-death), and using it’s clearly defined structure to conduct a meta-synthesis of Heideggerian phenomenological studies on the experience of living with a potentially life-limiting illness. The findings richly illustrate Heidegger’s philosophy that there is either an inauthentic positioning (...) towards death, or an authentic positioning towards death with a proposition that (1) death is certain; (2) death is indefinite; (3) death is non-relational; and (4) death is not-to-be-outstripped. None of the 29 included studies on the experience of a confrontation with death fully utilised this framework, despite claiming a grounding in Heideggerian thought. This demonstrates the value in modelling how Heideggerian existential structures can be used proactively as analytical ‘hooks’ for data in research claiming a basis in this philosophy and/or method. By modelling the potential application of an important Heideggerian philosophical construct to published qualitative data, this meta-synthesis has revealed new domains and more nuanced understandings of the temporal structure of Being-towards-death. Such an approach helps to more fully unveil the existential concerns of people at the core of interpretative phenomenological enquiry and may provide a blueprint to map either primary or synthesised data to other key ontological existentials. (shrink)

This article aims to contribute to the question of how to conceptualise the relationship between theory and practice in feminist scholarship in law. It looks in detail at the implications of different issues raised in a recent debate between Anne Bottomley and Ngaire Naffine on the existence of a “legal feminist orthodoxy”. I critique the dominance of ethics over politics and join Bottomley in her attack upon “the ethics of respect for the other”, albeit from a different position. I then (...) look at the ways in which the problem of “essentialism” is being rethought from a feminist perspective. (shrink)

This book explores the impact of disintegrity on various aspects of governance, as the disregard of ecological conditions produce grave direct effects to human rights (to water or food) and, indirectly, also to human security in several ways. International legal regimes need to be reconsidered and perhaps re-interpreted, in order to correct these situations that affect the commons today. Some believe that our starting point should acknowledge the impact we already have on the natural world, and accept that we now (...) live in the "anthropocene". Others think that the present emphasis on sustainable development needs to be re-defined. Finally, many believe that reconnecting with moral principles both in professional life and in governance in general represents a necessary first step. (shrink)

In this article I explore the usefulness of Spinoza’s ethics for feminism by considering ways in which it allows feminists to rethink privacy. I draw upon some of Spinoza’s central ideas to address the following question: when should information be classed as private and when should it be communicated? This is a question that is considered by the common law courts. Attempts to find a moral underpinning for such a tortious action against invasions of privacy have tended to draw upon (...) Kant’s categorical imperative. In contrast, I want to consider how Spinoza provides an immanent ethics that reconfigures how privacy is understood. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THOMISTIC METAETIDCS AND A PRESENT CONTROVERSY XOOD STARTING point for understanding the recent controversy regarding the Grisez-Finnis interpretaition oi St. Thomas Aquinas's ethical theory is Finnis's claim that "by a 'Simple act of non-inferential understanding one grasps that the objeot of the [natural] inclination which one experiences is an instance of a general form of good, for oneself (and others like one)." 1 For here Finnis is denying an (...) inferential process by which one moves from a theoretical understanding (" understanding this nature from the outside, as it were" 2) of what inclinations humans,as humans have to the conclusion that the object oi the particular inclination in question is ·a human good. Instead, he is asserting that it is in a practical context that one understands an object of an inclination to be a human good, and thus generates, via the practical reason, ·a practical, prescriptive principle. An example of such a principle is " Knowledge is something good to have " which, for Finnis, is the same logically as " Knowledge is a good to be pursued " 3 which, in turn, is equivalent to "Knowledge ought to be pursued ",4 which is a prescriptive ("normative") rather than descriptive (factual) utterance.5 1Natural Law and Natural Rights (Oxford: Clarendon Press, 1980; hereafter NLNR), p. 34. Cf. Fundamentals of Ethics (Washington, D.C.: Georgetown University Press, 1983; hereafter FE), pp. 20-22. 2NLNR p. 34. s Ibid., p. 63. 4lbid., p. 42, note 56; "The Basic Principles of Natural Law: A Reply to Ralph Mclnerny," John Finnis and Germain Grisez, American Journal of Jurisprudence 26 (1981), pp. 21-31 (hereafter Reply to Mcinerny), pp. 23-24. See also Germain Grisez's well-known article "The First Principle of Practical Reason: A Commentary on the Summa theologiae, 1-2, Question 94, Article 2," Natural Law Forum 10 (1965), pp. 168-201 (hereafter FPPR), p. 194. 5 See, e.g., NLNR, pp. 44-45; Reply to Mcinerny, p. 23. Grisez and Finnis attempt to distinguish imperatives and prescriptions, which I argue against in 40 THOMISTIC METAETHICS AND A PRESENT CONTROVERSY 41 Finnis and Grisez, then, argue that practical principles, which encompass value-judgments about human goods, are arrived at through the practical reason and thus are prescriptive ("normative ") utterances, as opposed to descriptive or theoretical truths "of metaphysical anthropology ".6 Hence these principles cannot be derived from metaphysical claims.7 To argue for such,a derivation would he to hold that prescriptivity or normativity can emerge from pure descriptivity. Such a derivation, of course, would not account for the appearance of the prescriptive or action-guiding element. An alternative position, to be returned to below, is that value-judgments about human goods are descriptive in themselves. At the same time, owing to the natural inclination to do what we understand to be morally or humanly good, human beings could prescribe to themselves the pursuit of such human goods, once they are understood to be human goods. It should be noted that for Grisez and Finnis the basic practical principles are not moral but pre-moraL8 Still, Grisez and Finnis consider that they direct to ends completive of human nature. Hence, although these authors reserve the characterization of "' moraily right choices " to those that are not simply harmonious with one or another basic human good but rather to those that also do not run counter to any other human good,9 my paper "Is-Ought: Prescribing and a P1·esent Controversy," The Thomist 49, l (January, 1985), pp. 1-23 (hereafter Schultz), esp. pp. 10-Hl. s Reply to Mcinerny, pp. 23-24. 7 Ibid.; see note 13 below. In the paper mentioned in note 5 above I point out that Finnis seems to allow for the possibility of arriving at value-judgments through theoretical reasoning, since he says "I assert that judgments [about man's natural goods, about what man should be] are primarily (though perhaps not exclitsively) judgments of practical reason...." ("Natural Law and 'Is'-'Ought' Question: An Invitation to Professor Veatch," Catholic Lawyer 26, 4, 1981, p. 272, my emphasis. This article is subsequently referred to as Response to Veatch.) But he doesn't explain this, and in Reply to... (shrink)

Cresp, Mary; Tranter, Janice Entanglements were part of Julian Edmund Tenison Woods' life from the time of his birth in London on 15 November 1832. His mother, Henrietta Tenison, daughter of a Church of Ireland rector, had several relatives in the Anglican clergy, including Thomas Tenison, Archbishop of Canterbury, and Edmund Tenison, Bishop of Ossory. Julian's father, James Dominic, was the son of a Cork businessman and studied law in Ireland. He was Catholic, but not practising during his working (...) years. James and Henrietta married in London, raising their family there. James joined 'The Times' as parliamentary reporter; their home was a centre for Irish writers, newspaper men and those in the medical and legal professions. His brother, Nicholas, following duty as surgeon with the East India Company Civil Service, joined the Woods household with his two daughters after his wife's death. Stories of India and his uncle's collections of 'curiosities of various kinds' fascinated Julian and 'served to form [his] taste for natural history'. (shrink)

The fact that half of the world is ruled under the banner of Marxism and that there were no easily comprehensible and thorough studies of Marxist theory of law makes it worth investigating in some detail whether there is a Marxian theory of law, and, if so, what a Marxian theory of law would be like. Although Marx's and Engels' writings broadly relevant to law amount to some two hundred pages, it is clear that in these writings neither Marx nor (...) Engels has put forward anything like a theory of law. If there is a Marxian theory of law to be discovered, it would have to be extracted, extrapolated and reconstructed from these writings. ;The reconstruction undertaken here has turned out to be fruitful. It seeks to demystify and explain the phenomenon of law. It is argued that one major function of law is to promote and stabilize the economic realm of society, and that law exists in order that the economic realm can be developed. And hence the various features of law as a whole are to be explained functionally by the needs and dynamics of the economic realm. ;The second, equally vital, role of law is its class character. It is argued that there is a ruling class in pre-socialist societies, and that the ruling class uses the law to maintain and further its own interest. How the law is used as a ruling-class instrument is examined in some detail. ;Further, it is explained how various legal ideas are delusive, and how the process of trial is prone to the pervasiveness of the dominant ideology. It is shown that many phenomena in law cannot be satisfactorily accounted for except via a Marxian perspective. Especially true is the absence of a starvation defence in criminal law. For if there is the provocation defence, an analogous reasoning makes the case for a starvation defence compelling. And while the absence of the starvation defence cannot be justified, it can be explained on a Marxian perspective. ;The focus of the dissertation is on the law in capitalist societies, especially in England, because Marx and Engels wrote mostly on the English society, and because the development of law reaches its highest point in capitalism. Another reason is that the author is most familiar with English law. (shrink)

This paper advocates learned in the religious context of liberation, the "theology," a concept can be reasonably applied to religious traditions other than Christianity. According to that "beyond the world community and how the phenomenon of contact" as a general theological issues, and Consciousness-only school of Buddhism, one of the major literature of the "photo Mahayana theory of" how to respond to this issue. In the "photo Mahayana theory" in this issue of "inaction of the Dharma Realm to save sentient (...) beings in the phenomenal world and promising" in the form of presentation. This stands for "photo Mahayana theory" to this problem, but through three Buddha body of theory. In short, the body of law to the Buddha Dharma and sentient beings as a contact intermediary. On the one hand, body of law as a Buddha in the phenomenal world to attend the results, which do not transcend the phenomenal world; other hand, the body of law were no wisdom to properly recognize the judicial system, and therefore associated with the Dharma Realm. Further, the body of law can not smell, good enough for practical enlightenment through the body of living beings must engage with the changes in the body, while the body of law and the relationship between the other two, is equivalent to no difference between the intellect and wisdom after that relationship. Finally, the "photo Mahayana theory" liberation school structure and Christianity's "Christology" of relief to make a simple comparison study architecture, and as a conclusion. This paper begins with arguing that within the larger context of soteriology, the notion of "theology" can be legitimately applied to other religious traditions than Christianity. Following this, I propose that the issue of how the realm of transcendence could relate to the realm of phenomenon can serve as an example of a general theological issue across religious boundaries. I then investigate how this issue is discussed in the Mahāyānasamgraha as a seminal text in the Buddhist Yogācāra tradition. In the Mahāyānasamgraha, the above issue is formulated as the question of how unconditioned Dharma-realm could save the sentient beings in the conditioned world. I argue that the asnwer provided in the Mahāyānasamgraha hinges on its theory of three bodies of the Buddha. In short, the Dharma-body bridges between the Dharma-realm and sentient beings. On the one hand, the Dharma-body is the result of a bodhisattva's enduring practice in the phenomenal world, and hence does not transcend over the phenomenal world; on the other hand, the Dharma-body correctly knows the Dharma- realm through the non-discriminating cognition , and hence relates to the Dharma-realm. Furthermore, since sentient beings cannot see the Dharma-body, they can be taught only by the Enjoyment-body and the Transformation-body of the Buddha. The relation between the Dharma-body and the other two bodies is identical to the relation between the non-discriminating cognition and the subsequently-acquired cognition . Finally, this paper ends with a brief comparison between the soteriological scheme in the Mahāyānasamgraha and the scheme reflected in the issue of Christology. (shrink)

This paper takes as its starting point the phenomenon of young lawyers in ethical crisis. The teaching of ethics in the classroom and the ethos and environment of the law firm have created dissonance: knowing what it is right to do but being unable to do it. In examining this phenomenon, we develop the idea of commitment as a source of duty, loyalty, and courage that enables someone to accept and overcome reluctance to act ethically. Our conceptual framework combines two (...) models: Fineman’s radical view that vulnerability is universal, but ameliorated by the assets available to the individual, and Rest’s four component model that provides a taxonomy of precursors for ethical action and resilience. We consider how the structures and the relationships between law schools, regulators and law firms, acting in combination, support or degrade ethical resilience and development of a commitment to ethical action. We close by considering how changes to the structure planned by one regulator in England and Wales deplete the assets available to the young lawyer and thereby the profession. (shrink)

The practice of giving the wealthy perpetual control of their assets is re-emerging in an era of great wealth inequality, long after it had been banned in common law countries. The philosophical justification for such control rests on the claim that there are posthumous rights to wealth, and that such rights do not extend in problematic way to other goods, such as political suffrage. On the basis of such a claim, we give people freedom of testation, and deem them vulnerable (...) to posthumous harm. I present a short history of legally sanctioned posthumous control of property in common law, and I argue that its philosophical justification is untenable. No principled case for posthumous rights to wealth survives scrutiny, and the large and powerful institutions that enforce such rights are morally illegitimate. (shrink)

The high turnover of nurses has become a global problem. Several studies have proposed that nurses’ perceptions of the ethical climate of their organization are related to higher job satisfaction and organizational commitment and thus lead to higher organizational citizenship behaviors. This study uses hierarchical regression to understand which types of ethical climate, facets of job satisfaction, and the three components of organizational commitment influence different dimensions of organizational citizenship behaviors. Questionnaires were distributed to 450 nurses, and 352 usable questionnaires (...) were returned. The findings of the article suggest that hospitals can increase organizational citizenship behaviors by influencing an organization’s ethical climate, job satisfaction, and organizational commitment. Hospital administrators can foster within organizations, the climate types of caring, law and code and rules climate, satisfaction with coworkers, and affective commitment and normative commitment that increase organizational citizenship behavior, while preventing organizations from developing the type of instrumental climate and continuance commitment that decreases it. (shrink)

The study discusses the wooing of Agariste which was proclaimed at Olympia by Kleisthenes, the tyrant of Sicyon, inviting everybody who thought himself worthy to be his son-in-law. At the final banquet his favorite, Hippokleides, danced away his marriage by acting out a bizarre dance. However, his reaction was: „It does not matter to Hippocleides!“ (Hdt. 6,129,4). It will be proposed that Kleisthenes tried to dominate the competition and to establish an enduring hierarchy between himself and the suitors by taking (...) advantage of his position as Olympic champion, giver of the women, tyrant, and host. Thus, Hippokleides’ behavior could be understood as a self-confident rejection of Kleisthenes’ way of constituting individual status, a way which actually suspended the competition. (shrink)

An increasing number of regulations propose the notion of ‘AI audits’ as an enforcement mechanism for achieving transparency and accountability for artificial intelligence (AI) systems. Despite some converging norms around various forms of AI auditing, auditing for the purpose of compliance and assurance currently have little to no agreed upon practices, procedures, taxonomies, and standards. We propose the ‘criterion audit’ as an operationalizable compliance and assurance external audit framework. We model elements of this approach after financial auditing practices, and argue (...) that AI audits should similarly provide assurance to their stakeholders about AI organizations’ ability to govern their algorithms in ways that mitigate harms and uphold human values. We discuss the necessary conditions for the criterion audit, and provide a procedural blueprint for performing an audit engagement in practice. We illustrate how this framework can be adapted to current regulations by deriving the criteria on which ‘bias audits’ for hiring algorithms can be performed, as required by the recently effective New York City Local Law 144 of 2021. We conclude by offering critical discussion on the benefits, inherent limitations, and implementation challenges of applying practices of the more mature financial auditing industry to AI auditing where robust guardrails against quality assurance issues are only starting to emerge. Our discussion as informed by experiences in performing these audits in practice highlights the critical role that an audit ecosystem plays in ensuring the effectiveness of such methodology. (shrink)

Because Arthur ‘Weegee’ Fellig’s crime scene photographs have become the standard for visually representing crime scenes in popular culture, this paper examines the extra-legal lives of two of his images, both of which were produced at the site of a gangster’s death in 1936. To decode the crime scene photograph is to interrogate the ways in which we make sense of crime through seeing and narrating. To that end, this paper charts how these two crime images were contextualized first in (...) a tabloid narrative that invited viewer identification with the law enforcer, and later in Weegee’s own autobiographical narrative as a hardboiled photographer. In contrast to these human ways of seeing and narrating, the images are then examined through computer vision. By moving across these different ways of human and nonhuman seeing, we are arrested anew by the crime scene photograph as different narrators make clear, often for different audiences, who and what it is that we are looking at. Our visual point of focus, in turn, tells us how we engage with crime images at the mediated intersection of law and popular culture; it reveals how viewers identify with the law as a result of an image’s visual structure, as well as through representational exchanges that blur the edges between fact and fiction. (shrink)

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)

This article defends as correct and as faithful to Aquinas’s thought the tenets of “descriptivism” (sometimes called “naturalism”) in the context of criticisms that Patrick Lee has made in “Is Thomas’s Natural Law Theory Naturalist?” (American Catholic Philosophical Quarterly 71:4 [1997]: 567–87). “Revisiting Aquinas” argues that evaluative utterances are descriptive; so even if human goods were immediately known by practical reason (a position nonetheless rejected), their understanding would be a descriptive one, which moral objectivity requires. The arising of the prescriptivity (...) of precepts in relation to practical reason is then treated. The descriptivism articulated in this paper supports Lee’s emphasis on the primacy of love and choice; it further stresses that submission to an understood order of objective goods is essential to willing well. (shrink)

This volume contains essays on an array of topics originally presented orally by a master teacher and scholar. With characteristic rhetorical elegance, Msgr. Synan, late professor at the Pontifical Institute in Toronto, delivered these papers in a variety of settings on issues relating to his specialty of mediaeval Christian philosophy and to his interest in Jewish-Christian dialogue, on the theology of sanctity and of death, and on morally significant historical events. Medieval figures represented here include Aquinas, Augustine, Abelard, and Godfrey (...) of St. Victor; some topics treated are war and peace, philosophical innovations, ecclesiology, evil, goliardic verse, law and abortion, Church councils and Jews in the Middle Ages, and convictions uniting Jews and Christians. This book also contains representative sermons–including a Month’s Mind for Etienne Gilson, an introduction detailing Synan’s background and professional contributions, an updated bibliography of his published works, and an extensive index. Especially appealing to those who knew Synan are three posthumous tributes and thirteen photographs from throughout his life. The selections in this volume are scholarly but non-technical, intended for anyone moved to seek elucidation of the topics discussed. (shrink)

Structures of employment in low-wage industries, a diminished wage and hour inspectorate, and an unworkable immigration regime have combined to create an environment where violations of basic workplace laws are everyday occurrences. This article identifies four “logics” of detection and enforcement, arguing that there is a mismatch between the enforcement strategies of most federal and state labor inspectorates and the industries in which noncompliance continues to be a problem. In response, the authors propose augmenting labor inspectorates by giving public interest (...) groups like unions and worker centers a formal, ongoing role in enforcement in low-wage sectors. In three case studies, the authors present evidence of an emergent system—one that harkens back to a logic proposed by the drafters of the Fair Labor Standards Act but never implemented—of empowering those closest to the action to work in partnership with government. (shrink)