The article explores the comprehensibility of court forms by providing a quantitative overview and a qualitative analysis of such syntactic characteristics as length and structure of sentences and noun phrases. The analysis is viewed in the broader context of genre characteristics of court forms, their role within legal proceedings, and their function for eliciting narratives from court users. The findings show that while the elicitation strategies are not always coherently aligned with the guidance sections, the guidance itself condenses legal and (...) procedural information into overly complex and verbose syntactic constructions. Comprehensibility barriers are thus created through breaks in information flow, ambiguous syntactic constructions, missing information and misalignment between questions and guidance. Such comprehension challenges have a negative impact on the potential of court users to effectively engage with legal proceedings. (shrink)

As the twentieth century draws to a close and the rush to globalization gathers momentum, political and economic considerations are crowding out vital ethical questions about the shape of our future. Now, Hans Kung, one of the world's preeminent Christian theologians, explores these issues in a visionary and cautionary look at the coming global society. How can the new world order of the twenty first century avoid the horrors of the twentieth? Will nations form a real community or continue to (...) aggressively pursue their own interests? Will the Machiavellian approaches of the past prevail over idealism and a more humanitarian politics? What role can religion play in a world increasingly dominated by transnational corporations? Kung tackles these and many other questions with the insight and moral authority that comes from a lifetime's devotion to the search for justice and human dignity. Arguing against both an amoral realpolitik and an immoral resurgence of laissez faire economics, Kung defines a comprehensive ethicfounded on the bedrock of mutual respect and humane treatment of all beingsthat would encompass the ecological, legal, technological, and social patterns that are reshaping civilization. If we are going to have a global economy, a global technology, a global media, Kung argues, we must also have a global ethic to which all nations, and peoples of the most varied backgrounds and beliefs, can commit themselves. "The world," he says, "is not going to be held together by the Internet." For anyone concerned about the world we are creating, A Global Ethic for Global Politics and Economics offers equal measures of informed analysis, compassionate foresight, and wise counsel. (shrink)

This article presents Mencius' concept of human dignity in the Chinese Confucian moral tradition, focused on the context of long-term care. The double nature of Mencius' notion of human dignity as an intrinsic quality of human beings qua being human is analyzed and contrasted with the dominant Western account of human dignity as grounded in personhood. Drawing on the heuristic force of an interview with an elder person in Hong Kong, the insights of the Mencian theory of human dignity are (...) used to provide a moral foundation for long-term care for elder persons in a context of diminishing personhood and shrinking autonomy. (shrink)

This paper aims to provide a rendition of the care ethic in Confucian philosophy and to argue that social policy developments in Hong Kong society, including health care policy, have been significantly shaped and justified in terms of the ideal of care in the Confucian moral tradition. On the basis of this analysis, the paper raises a number of questions about a recent proposal for health care reform for Hong Kong put forth by the Harvard School of Public Health which (...) argues for adopting the principle of equity as the overriding value for the moral foundation of Hong Kong's health care system. The paper examines how the over-emphasis on equity in the Harvard Report proposals can lead to the erosion of care and ultimately the eclipse of the vision of care in Hong Kong's health care system. It argues that the pursuit of equity, which is itself a valuable principle, should not displace the importance of the value of care or undermine the ideal of care and that health care decisions must be firmly embedded in local cultures and moral traditions. (shrink)

LANGUAGE NOTE | Document text in English; abstract also in Chinese. Embedded in the narration of “Bioethics: Cross Cultural Explorations” is a trilogy of three nuanced and tightly interwoven accounts: (1) a descriptive account, (2) a reflective account, and (3) a futuristic account. Together, they offer invaluable insights into the complexity and challenges in conducting cross-cultural bioethics dialogues. These complexities are illustrated through Father Joseph Tham’s 12-year-long engagement with the project “Bioethics, Multiculturalism and Religion” in his capacity as Chair of (...) the UNESCO project in Bioethics and Human Rights. (Abstract taken from first paragraph of document) 本文評論了Tham的豐富論述，及其深刻解説後現代世界道德多元化和多元文化為跨文化生命倫理學對話帶來的複雜性和挑戰。本文亦回應了Tham提出應如何重塑跨文化接觸的本質、使命、目標和方法的關鍵問題，以協和 道德普遍性和多元性之間的緊張關係，並深化參與及對話，以促進有成效的跨文化接觸。. (shrink)

This paper is a tribute to H.T. Engelhardt Jr. for the intellectual resources he provided to challenge cosmopolitan liberalism as the foundation for an overarching global bioethics in the post-modern world. It is a also a tribute to the moral pluralism and cultural diversity which he argued so forcefully in all his works and which have inspired the flourishing of fierce bioethical debates across the world, including in the non-Western and Asian societies.

In the multi-faceted trajectory of post-Kantian thought, Schelling—both the person and his philosophy—has always been a controversial figure. Popular historical accounts focus on his precocious interventions as part of the ‘Jena set’, initially building on Fichte's philosophy of the ‘I’, but quickly coming to challenge his predecessor's philosophical dominance. In the crucial period of the late 1790s, Schelling's most notable intervention was to develop a philosophy of nature alongside the Kantian and Fichtean theories of transcendental subjectivity, which caught the attention (...) of Goethe and led to his appointment, at the age of twenty-three, as professor of philosophy at the University of Jena. But Schelling's life and philosophical work continued well beyond this well-documented period, culminating in a late system in which he developed key ideas surrounding freedom, existence, modality and the history of human consciousness that all revolved around a distinction between what he called negative and positive philosophy. This distinction, and his insistence on the need for the development of the latter mode of philosophy, came to challenge some of the core assumptions of the largely rationalist German idealist project and it remains, to this day, perhaps the most powerful alternative to the Hegelian system that rose to dominance already within Schelling's own lifetime, but also well beyond it. (shrink)

This article presents Mencius' concept of human dignity in the Chinese Confucian moral tradition, focused on the context of long-term care. The double nature of Mencius' notion of human dignity as an intrinsic quality of human beings qua being human is analyzed and contrasted with the dominant Western account of human dignity as grounded in personhood. Drawing on the heuristic force of an interview with an elder person in Hong Kong, the insights of the Mencian theory of human dignity are (...) used to provide a moral foundation for long-term care for elder persons in a context of diminishing personhood and shrinking autonomy. (shrink)

Discourse-based processes seek to arrive at socially acceptable decisions by adhering to a specific set of procedures. In this case study, we empirically test how successful the,Cooperative Discourse' was in identifying a socially acceptable site for a solid-waste landfill in Switzerland. Our results indicate that even individuals living in the community designated as the prospective site think highly of the,Cooperative Discourse', but they know close to nothing about this procedure. This ignorance is rational, because, under Swiss laws, the recommendations of (...) the discourse are not legally binding and siting projects can easily be thwarted by town hall meetings. In this case, the,Cooperative Discourse' may have reached a consensus proposal because this proposal is socially not very relevant. (shrink)

Pessimism over a democracy’s ability to produce good outcomes is as longstanding as democracy itself. On one hand, democratic theorists consider democracy to be the only legitimate form of government on the basis that it alone promotes or safeguards intrinsic values like freedom, equality, and justice. On the other, skepticism toward the ordinary citizen’s cognitive capacities remains a perennial concern. Qualms about the epistemic value of democracy have only been made more pertinent by a fundamental problem of deep epistemic disagreement (...) which underlies the post-truth phenomenon. I argue that the democratic theorists who have sought to defend democracy on epistemic grounds have thus far neglected such deep and intractable disagreements. Without addressing this oversight, the epistemic democrat will find that collective decision-making processes quickly become paralyzed and will not be able to yield the epistemic benefits they promise. Hence, the work for epistemic democrats is to recognize and take into account the ramifications of epistemic disagreements so as to make a stronger case for epistemic democracy. (shrink)

This article considers the idea of medicine’s internal morality as it is understood by its various proponents. Although the use of the phrase ‘internal morality’ in relation to medicine predates Ed...

"Presents the text of the 'Declaration' and a commentary on its evolution and significance.... The message of this book is very timely.

Discourse-based processes seek to arrive at socially acceptable decisions by adhering to a specific set of procedures. In this case study, we empirically test how successful the,Cooperative Discourse' was in identifying a socially acceptable site for a solid-waste landfill in Switzerland. Our results indicate that even individuals living in the community designated as the prospective site think highly of the,Cooperative Discourse', but they know close to nothing about this procedure. This ignorance is rational, because, under Swiss laws, the recommendations of (...) the discourse are not legally binding and siting projects can easily be thwarted by town hall meetings. In this case, the,Cooperative Discourse' may have reached a consensus proposal because this proposal is socially not very relevant. (shrink)

ResumeLa question du filtrage de ľinformation génétique dans la cellule est fondamentale. Comment la cellule sélectionne‐t‐elle, avant de les transformer en RNA puis en protéines, certaines parties bien déterminées de son information génétique? Il ne sera probablement pas possible de donner une explication cohérente du développement embryonnaire, de la différentiation cellulaire et du maintien de ľétat différencie tant que nous n'aurons pas repondu de manière satis‐faisante à cette question.Dans un premier chapitre, quelques notions de base concernant ľexpression génétique sont préséntées. (...) Le dogme de flux de ľinformation génétique dans la cellule, DNARNA protéine est valable à la fois pour les procaryotes et les eucaryotes malgré des différences significatives au niveau de la structure et de la régulation des gènes. Contrairement aux génes procaryotes, la plu‐part des gènes eucaryotes sont morcelés. Le DNA codant pour une protéine est interrompu par des régions non‐codantes dont les transcrits sont éliminés par excision pendant la maturation du RNA messager ultérieurement traduit en protéine. Une grande variété de mécanismes interviennent dans la régulation de ľactivité de ces gènes.Le pouvoir et les limites des méthodes modernes de ľanalyse structurale et fonctionnelle des génes sont discutés dans la deuxième partie de ľarticle. Ľhybridation moléculaire reposant sur la complémentarité des bases azotées des acides nucléiques joue un rôle déterminant dans ľétude de la complexity des génomes et de leur expression. Récemment, ľapplication de la technologie du DNA recombinant et des techniques annexes a permis ľisolement ainsi que la caractérisation de plusieurs génes eucaryotes. La question de ľexpression différentielle de ces génes est actuellement intensément étudiée dans plusieurs systèmes de transcription ayant chacun ses points forts et ses faiblesses.En guise de conclusion, quelques implications de ľessor prodigieux que connaît la génétique moléculaire sont discutées.SummaryThe question of selective expression of genetic information in the cell is fundamental. How does a cell choose particular parts of its genetic information prior to transforming them into RNA and then into proteins? It will probably not be possible to give a coherent explanation of embryonic development, of cell differentiation, and of the maintenance of the differentiated state as until we have answered this question satisfactorily.In the first chapter, several basic notions concerning genetic expression are presented. The central dogma of the flow of genetic information in the cell, DNARNA‐ protein is valid both for prokaryotes and eukaryotes despite significant differences at the level of gene structure and regulation. In contrast to prokaryotic genes, most eukaryotic genes are split. The DNA coding for a protein is interrupted by non‐coding regions whose transcripts are eliminated by excision during the maturation of the messenger RNA which will subsequently be translated into protein. A wide variety of mecanisms are implicated in the regulation of these genes.The scope and limits of modern methods for the structural and functional analyses of genes are discussed in the second part of the article. Molecular hybridization, which is based on the complementarity between the bases of the nucleic acids, plays a key role in the study of the complexity and expression of genes. Recently, the application of recombinant DNA technology and associated techniques has allowed the isolation as well as the characterization of several eukaryotic genes. The question of the differential expression of these genes is currently studied intensively in many transcription systems which all have their strengths and weaknesses.As a conclusion, several implications of the prodigious progress of molecular genetics are discussed.ZusammenfassungDie Frage nach der selektiven Expression der genetischen Information in der Zelle ist fundamental. Wie wählt eine Zelle bestimmte Teile ihrer genetischen Information, um diese dann in RNA und Proteine zu übersetzen? Wahrscheinlich wird es nicht möglich sein, eine vollständige Erklärung für die Embryonalentwicklung, für die Zeildifferenzierung und für di Aufrechterhaltung des differenzierten Zustandes zu geben, bevor wir eine befriedigende Antwort auf diese Frage gefunden haben.Im ersten Kapitel sind mehrere grundlegende Erkenntnisse über die Genexpression dargestellt. Das zentrale Dogma über den Fluss der genetischen Information in der Zelle, DNA RNA Protein, gilt sowohl für Prokaryonten als auch für Eukaryonten trotz bedeutender Unterschiede auf der Ebene der Genstruktur und Genregulation. Im Gegensatz zu den Genen von Prokaryonten sind die meisten Gene der Eukaryonten unterteilt. Die DNA, welche für ein Protein kodiert, ist durch nicht‐kodierende Regionen unterbrochen, welche wahrend des Reifungsprozesses der messenger RNA herausgeschnitten werden. Diese messenger RNA wird schliesslich in ein Protein iibersetzt. Sehr verschiedenartige Mechanismen sind an der Regulation dieser Gene beteiligt.Im zweiten Teil des Artikels werden Ziele und Grenzen moderner Methoden zur Analyse von Struktur und Funktion von Genen diskutiert. Molekulare Hybridisation, welche auf der Komplementarität zwischen den Basen der Nukleinsäuren beruht, spielt eine Schlüsselrolle in der Analyse der Komplexität und Expression der Gene. Die Anwendung der rekombinanten DNA Technologie sowie damit zusammenhängender Methoden hat kürzlich die Isolierung und Charak‐terisierung verschiedener eukaryontischer Gene erlaubt. Die Frage nach der differenziellen Expression dieser Gene wird gegenwärtig mit Hilfe verschiedener Transkriptionssysteme, welche alle ihre Stärken und Schwächen haben, intensiv studiert.Zusammenfassend werden verschiedene Implikationen des gewaltigen Fortschrittes der molekularen Genetik diskutiert. (shrink)

Elsewhere I have argued that particular degrees of imagination and consciousness, a cog­nitive process that I call reflective imagination, distinguish humans from other species and make possible, and underlie, the artistic experience. I take the artistic experience to be the universal and characteristically human capacity to experience oneself or others in a story by means of music, dance, song, pantomime, drawing, pretend play, or spoken or written language. In this paper I reconstruct the developmental path of the reflective imagina­tion via (...) the artistic experience in five stages: infancy, childhood, adolescence, adulthood, and senescence, and its plausible evolutionary trajectory from Australopithecines to Homo sapiens. Drawing upon both evolutionary and developmental theory, I conclude that the reflective imagination via the artistic experience has fulfilled, and still fulfills, important functions by activating memory systems, regulating emotional expression, promoting mutuality, training attentional focus, developing motor control, enabling prediction, free­ing from actuality, sourcing identity, complexifying consciousness, and affording behav­ioral adaptation. (shrink)

Justice system reform is being implemented in Japan. The number of attorneys ( bengoshi ) has substantially increased and concerns have been raised about the impact on the profession's quality and ethics. The profession has called for a slowdown in the increase. Does the increase really adversely affect legal ethics in Japan? Should the pace of the reform be slowed down, from the perspective of maintaining legal ethics? This paper begins to answer these questions through empirical analysis of (1) whether (...) there is an increase in cases of ethical concerns; and (2) whether such an increase (if any) is caused by the increase in bengoshi . The paper then investigates whether there is an over-supply of bengoshi . It concludes with a discussion of the negative impact that a slowdown of the increase may have on access to justice and the bengoshi profession's (ethical) responsibilities. (shrink)

When multiple individuals interact in a conversation or as part of a large crowd, emergent structures and dynamics arise that are behavioral properties of the interacting group rather than of any individual member of that group. Recent work using traditional signal processing techniques and machine learning has demonstrated that global acoustic data recorded from a crowd at a basketball game can be used to classify emergent crowd behavior in terms of the crowd's purported emotional state. We propose that the description (...) of crowd behavior from such global acoustic data could benefit from nonlinear analysis methods derived from dynamical systems theory. Such methods have been used in recent research applying nonlinear methods to audio data extracted from music and group musical interactions. In this work, we used nonlinear analyses to extract features that are relevant to the behavioral interactions that underlie acoustic signals produced by a crowd attending a sporting event. We propose that recurrence dynamics measured from these audio signals via recurrence quantification analysis (RQA) reflect information about the behavioral dynamics of the crowd itself. We analyze these dynamics from acoustic signals recorded from crowds attending basketball games, and that were manually labeled according to the crowds' emotional state across six categories: angry noise, applause, cheer, distraction noise, positive chant, and negative chant. We show that RQA measures are useful to differentiate the emergent acoustic behavioral dynamics between these categories, and can provide insight into the recurrence patterns that underlie crowd interactions. (shrink)

Our question “How many chickens does it take to make an egg?” was inspired by the successful replacement of egg-based mayonnaise with plant-based mayonnaise in general dining at the University of California, Santa Barbara, in order to increase animal welfare. Our indicator of improved animal welfare due to decreased egg consumption was the reduction in number of chickens in the stressful and unhealthy conditions of the US egg industry. To measure this we calculated the ratio of chickens to eggs and (...) found it takes 6.3 chickens to make 1000 eggs. This equals 158 eggs per chicken, less than half the amount of eggs per laying hen because of mortality from hatching to entering the laying flock, including the disposal of male chicks. In addition, greenhouse gas emissions, irrigation water, reactive nitrogen, and land use would be reduced 43–98% from that of eggs. While the impact of plant-based mayonnaise was relatively small, we also estimated the substitution of eggs with tofu, which had a much greater impact: substituting 50% of eggs with tofu in first-year student breakfasts on all UC campuses would reduce the number of chickens in the egg industry by 9245. If this substitution was made by the US population, the welfare and environmental benefits would be 29 thousand times greater. Reducing egg consumption would greatly improve chicken welfare even if welfare certified eggs are replaced, since the requirements of the most commonly used chicken welfare certification programs do relatively little to reduce chicken suffering. (shrink)

Academic dishonesty is an insidious problem that besets most tertiary institutions, where considerable resources are expended to prevent and manage students' dishonest actions within academia. Using a mixed retrospective and prospective design this research investigated Gottfredson and Hirschi's self-control theory as a possible explanation for academic dishonesty in 264 university students. The relationship between academic dishonesty and general criminality was also examined. A significant but small to moderate relationship between academic dishonesty and general criminality was present, including correlations with general (...) dishonesty, violent crime and drug offending subcategories. These findings suggested that a general criminological theory may be of use in explaining academic dishonesty, but the overall ability of self-control variables to explain academic dishonesty was not strong. Controlled logistic regressions indicated that a significant positive association with academic dishonesty was only present for one of 6 self-control subscales (self-centeredness), and even this association was only present in the prospective study component. A strong relationship between past and future academic dishonesty was present. Implications of the study for institutions are discussed. (shrink)

Following Hartry Field in distinguishing disquotational truth from a conception that grounds truth conditions in a community's usage, it is argued that the notions are materially inequivalent (since the latter allows truth-value gaps) and that both are needed. In addition to allowing blanket endorsements ("Everything the Pope says is true"), disquotational truth facilitates mathematical discovery, as when we establish the Gödel sentence by noting that the theorems are all disquotationally true and the disquotational truths are consistent. We require a more (...) substantial notion, however, if we intend to use truth values and truth conditions in explaining communication by language. (shrink)