本书研究了刑法调整的对象、社会需要对刑法的决定意义和刑法理论的历史发展进行了梳理。重点对科学主义影响刑法的途径、程度、方式等基本问题作了初步探索,对科学主义作为刑法研究方法的理由、意义、基本立场等内容 作了思考。.

Ben shu wei Xianggang Zhong wen da xue Ya Tai yan jiu suo yan jiu yuan Zheng Hailin bo shi suo zhu, ji jie qi fang xue dong xi fang shi nian suo zhuan xie wen zhi jing cui er cheng, nei rong fen wei si xiang, li shi ren wu, he wen hua ping lun san bu fen. Guan dian zheng que, ke guan gong zheng, fu yu chuang yi.

Sven-Ove Hansson and Erik Olsson studied in [7] the logical properties of an operation of contraction first proposed by Isaac Levi in [10]. They provided a completeness result for the simplest version of contraction that they call Levicontraction but left open the problem of characterizing axiomatically the more complex operation of value-based contraction or saturatable contraction. In this paper we propose an axiomatization for this operation and prove a completeness result for it. We argue that the resulting operation is better (...) behaved than various rival operations of contraction defined in recent years. (shrink)

Giulio Aleni’s Xingxue cushu 性學觕述 (A Brief Introduction to the Study of Human Nature, 1623–1646) was a product of an ambitious project by the Jesuits in China to introduce Aristotle's natural philosophy to Chinese literati. The book, originally from the Cursus Conimbricensis (1592-1606), shows a good example of the interactions between transmitter and receptor in the encounter of Western culture with Chinese culture. This paper explores Aleni's linguistic strategy for placing Western concepts of human nature in dialogue with traditional Chinese (...) thought. It argues that the work's favourable reception among Chinese scholars was due to Aleni's use of translation principles that anticipate transwriting. Namely, instead of direct translation Aleni adapted the text for his Chinese readers by rewriting partly, adding his own responses, borrowing Chinese classical terms and creatively interpreting these terms, quoting many Chinese classical allusions, and employing Chinesestyle arguments. These linguistic tools Aleni used facilitate the reader's understanding and acceptance of the Western philosophy of human nature. His linguistic success on communication between the two thoughts on human nature helps us redefine the concept of transwriting and find an in-between space for a rational philosophic and religious dialogue between China and the West. (shrink)

本书论述了中国各时代的音乐美学思想,包括:氏族社会时期的音乐审美意识、上古三代的音乐审美意识、汉代的音乐审美艺术等章节。.

本书深入细致地介绍了刑法总论的基本理论问题,特别是犯罪构成和刑事责任问题。每个专题在系统介绍中外学者的观点之后,都提出了自己的观点。.

People are typically poor at telling apart truthful and deceptive statements. Based on the Unconscious Thought Theory, it has been suggested that poor lie detection arises from the intrinsic limitations of conscious thinking and can be improved by facilitating the contribution of unconscious thought. In support of this hypothesis, Reinhard, Greifeneder, and Scharmach (2013) observed improved lie detection among participants engaging in unconscious thought. The present study aimed to replicate this unconscious thought advantage using a similar experimental procedure but with (...) an important improvement in a key control condition. Specifically, participants judged the truthfulness of 8 video recordings in three thinking modes: immediately after watching them or after a period of unconscious or conscious deliberation. Results from two experiments (combined N = 226) failed to reveal a significant difference in lie detection accuracy between the thinking modes, even after efforts were made to facilitate the occurrence of an unconscious thought advantage in Experiment 2. The results imply that the unconscious thought advantage in deception detection is not a robust phenomenon. (shrink)

The bulletin board system (BBS) significantly changed the production and transmission of knowledge in China’s information technology (IT). Launched in 1991, Chinese FidoNet (CFido) provided a virtual space for hobbyists to explore technology-for-fun and aggregated many future Chinese digital entrepreneurs, enabling them to experiment with business models and pursue open-source software with Chinese characters. CFido’s short history (1991–1998) also encapsulates the fast-changing dynamic between knowledge and its social context. CFido participants first perceived the BBS as a utopian “pure land” where (...) grassroots intellectuals could develop software and digital technologies, free from outside interests and interventions. Yet the beginning of government control of cyberspace, the boom of the IT industry and e-commerce, and the transition from the dial-up BBS to the Internet led the CFidoers to diverging positions about amateurs and ultimately brought CFido to an end. (shrink)

Looking closely into how the differences among populations are debated at the ICH, this paper aims to provide a comprehensive account on what actually occurs when states with different cultural backgrounds encounter one another at the frontier of pharmaceutical regulation, where neither West nor East shall exist.

We consider Geanakoplos and Polemarchakis’s generalization of Aumman’s famous result on “agreeing to disagree", in the context of imprecise probability. The main purpose is to reveal a connection between the possibility of agreeing to disagree and the interesting and anomalous phenomenon known as dilation. We show that for two agents who share the same set of priors and update by conditioning on every prior, it is impossible to agree to disagree on the lower or upper probability of a hypothesis unless (...) a certain dilation occurs. With some common topological assumptions, the result entails that it is impossible to agree not to have the same set of posterior probabilities unless dilation is present. This result may be used to generate sufficient conditions for guaranteed full agreement in the generalized Aumman-setting for some important models of imprecise priors, and we illustrate the potential with an agreement result involving the density ratio classes. We also provide a formulation of our results in terms of “dilation-averse” agents who ignore information about the value of a dilating partition but otherwise update by full Bayesian conditioning. (shrink)

Gideon Rosen proposes a view called "modal fictionalism" which Rosen thinks has all the benefits of modal realism without its ontological costs. Whereas modal realists have a paraphrase r(0) of a modal claim "0", modal fictionalists claim that the correct translation of "0" is rather the result of prefixing "according to the hypothesis of a plurality of worlds" to r(0). Rosen takes the prefix to be primitive and defines other modal notions in terms of it. Bob Hale, however, thinks the (...) fictionalist's project suffers from a "simple" dilemma. The purpose of this paper is to show that Rosen is right in taking the prefix as primitive and Hale is wrong in thinking fictionalism as being threatened by the dilemma. (shrink)

In several articles, Putnam claims that the direct reference theory (DRT) he endorses has startling consequence for the theory of necessary truth and essentialism, for if DRT is correct, so he claims, it follows that things belonging to natural kinds have their deep structures necessarily. Inspired by Donnellan, Nathan Salmon tries to spell out what Putnam seems to have in mind when making the claim, and Salmon calls the result "the OK mechanism". Salmon shows, in the OK mechanism, it is (...) not DRT, but some other essentialism-entailing premise, that has the claimed startling consequence. In this paper, I argue that Salmon's OK is not the right interpretation of Putnam's intended mechanism. Instead, I present Putnam's intention as the OK* mechanism, and show that, in OK*, DRT does have the startling consequence for the theory of necessary truth and essentialism when supplemented only with other metaphysically innocent, purely empirically verifiable premises. (shrink)

Hindman’s theorem says that every finite coloring of the natural numbers has a monochromatic set of finite sums. A Ramsey algebra is a structure that satisfies an analogue of Hindman’s theorem. In this paper, we present the basic notions of Ramsey algebras by using terminology from mathematical logic. We also present some results regarding classification of Ramsey algebras.

This study investigates the role of religion in shaping the norms of citizenship from a cultural perspective for an East Asian country that exhibits fundamental differences in social contexts from Western advanced democracies. Using data drawn from the Taiwan Social Change Survey, we find that the Eastern religions of Buddhism, Taoism, and Folk Religions are important for explaining the formation of the concept of being a good citizen. This study further examines the relationships between citizenship norms and various conventional and (...) unconventional types of political participation. The empirical results herein suggest that duty-based citizenship and engaged citizenship have significant differences in their effects on political participation. (shrink)

Hindman’s theorem says that every finite coloring of the natural numbers has a monochromatic set of finite sums. Ramsey algebras are structures that satisfy an analogue of Hindman’s Theorem. This paper introduces Ramsey algebras and presents some elementary results. Furthermore, their connection to Ramsey spaces will be addressed.

Publication date: 30 November 2016 Source: Author: Wen Lee Ng, Manimangai Mani, Wan Roselezam Wan Yahya While the growing body of research on Tan Twan Eng’s The Gift of Rain focuses on the protagonist, Philip Hutton’s traumatic condition, his Chinese identity, and his ambiguous identity, this study devotes particular attention to the complexity of interactions between various cultures practised by Philip. This study aims to address this gap by applying the concept of transculturalism to analyse the processes of acquiring a (...) foreign culture and incorporating the foreign culture into traditional cultures experienced by Philip. In other words, this study employs the concept of transculturalism to examine multicultural depictions in the novel. Scholars, such as Khan, Tiwari, Sheoran and Tan C. S. who have examined multicultural depictions in various literary texts, have found that multicultural circumstances cause certain ethnic groups to lose their cultures and identities. Hence, the multicultural circumstances depicted are perceived as negative phenomena. However, this study has found that by examining the interactions between various cultures, rather than focusing on the end products such as portrayals of hybridity, the positive sides of multicultural depictions could be revealed. The transculturation process experienced by Philip shows that the new cultural practices he has created are made up of both his traditional cultures and the foreign culture he has acquired. This means that Philip does not totally lose his traditional cultures and identities. Therefore, this study concludes that multicultural depictions in The Gift of Rain could be read positively, provided that the interactions between various cultures, which resulted in the incorporation of a foreign culture into traditional cultures, are examined. (shrink)

Contemporary scholarship, such as Professor Li Xueqin's work on the formative stage of the "first classic," helps us better understand not only "the first of all Chinese classics," but also the philosophical and cultural continuum between the Shang and Zhou dynasties. By reexamining several perplexing issues, going from the authenticity of the Guicang to the interpretation of "King Wen of Zhou developed the Zhouyi," I argue that archaeological evidence is of critical importance in the study of the preclassics era.

Sven-Ove Hansson and Erik Olsson studied in Hansson and Olsson, 103–119 1995) the logical properties of an operation of contraction first proposed by Isaac Levi in Levi. They provided a completeness result for the simplest version of contraction that they call Levi-contraction but left open the problem of characterizing axiomatically the more complex operation of value-based contraction or saturatable contraction. In this paper we propose an axiomatization for this operation and prove a completeness result for it. We argue that the (...) resulting operation is better behaved than various rival operations of contraction defined in recent years. (shrink)

Dual innovation, which includes exploratory innovation and exploitative innovation, is crucial for firms to obtain a sustainable competitive advantage. The knowledge base of firms greatly influences or even determines the scope, direction, and path of their dual-innovation activities, which drive their innovation process and produce different innovation performances. This study uses data source patents obtained by 285 focal firms in the Chinese new-energy vehicle industry in the period 2015–2020. Five knowledge-base features are selected by analyzing the correlation and multicollinearity, and (...) four different firm clusters are found by using the k-means clustering algorithm. Based on the classification and regression tree algorithm, we mine the potential decision rules governing the dual-innovation performance of firms. The results show that the exploratory innovation performance of firms in different clusters is mainly affected by two different knowledge-base features. Knowledge-base scale is a key factor affecting the exploitative innovation performance of firms. Firms in different clusters can improve their dual-innovation performance by rationally tuning the combination of knowledge-base features. (shrink)

During the COVID-19 pandemic, business managers are facing many challenges from a severe challenge. Many organizations have changed their original management mode and organizational behavior to improve employees’ organizational citizenship behavior, thus reducing their sense of anxiety and incapability. Thereinto, job performance of the employees also affects the growth and development of the organization. To explore how to fragment employees’ positive psychology and job performance, this study discusses the influence on employees’ subjective wellbeing and job performance from relevant factors at (...) the organizational and individual levels. Also, to explore the influence of organizational support and occupation self-efficacy on job performance and the mediating role of subjective wellbeing during COVID-19, a total of 618 valid questionnaires were collected from all walks of life in 2020. Hypotheses were tested by structural equation modeling and Bootstrap technology. The results show that: Professional self-efficacy and subjective wellbeing have a significant positive impact on job performance; Subjective wellbeing plays a complete mediating role between organizational support and job performance, and subjective wellbeing plays a partial mediating role between professional self-efficacy and job performance; Compared with the sense of organizational support, the positive effect of self-efficacy on job performance is more significant. (shrink)

Classical Chinese philosophy, and Daoism in particular, has emphasized the importance of rhythm for performing actions well. Drawing on this insight, the paper argues that rhythm is an essential element of nourishing life. A focus on the relationship between rhythm, action, and life becomes necessary in societies that are experiencing a crisis of temporal relationships. Modern agents are pressured to adapt to accelerating speeds that are increasingly experienced as undermining the conditions necessary for human flourishing. A critical theory of temporal (...) relationships is committed to (1) revealing and explaining the increase of rhythmic pathologies and to (2) recovering “eurhythms” that enable exemplary action and human flourishing. (shrink)

Mystical religious experiences typically purport to engage with the transcendent and often claim to involve encounters with spiritual entities or a detachment from the material world. Daoism diverges from this paradigm. This paper examines Daoist mystical experiences of bodily transformations and explores their epistemological implications. Specifically, we defend the justificatory power of Daoist somatic experiences against the disanalogy objection. The disanalogy objection posits that mystical experiences, in contrast to sense perceptions, are not socially verifiable and thereby lack prima facie epistemic (...) value. We argue that some Daoist mystical bodily states, being essentially spatiotemporal, are exempt from this challenge. This leads to a broader understanding of mysticism and offers a partial resolution to the disanalogy objection. (shrink)

Hindman’s Theorem says that every finite coloring of the positive natural numbers has a monochromatic set of finite sums. Ramsey algebras, recently introduced, are structures that satisfy an analogue of Hindman’s Theorem. It is an open problem posed by Carlson whether every Ramsey algebra has an idempotent ultrafilter. This paper develops a general framework to study idempotent ultrafilters. Under certain countable setting, the main result roughly says that every nondegenerate Ramsey algebra has a nonprincipal idempotent ultrafilter in some nontrivial countable (...) field of sets. This amounts to a positive result that addresses Carlson’s question in some way. (shrink)

There is a perennial and universal concern about the "self." The question of "who I am" is a necessary step on the path of self-awakening. The Ancient Greek aphorism "know thyself" was inscribed in the forecourt of the Temple of Apollo at Delphi and has been widely praised. Within the philosophical scope of the "self," the problem of personal persistence or personal identity has attracted a great deal of attention and has been discussed extensively in the Western philosophical tradition. The (...) problem is as follows: how can we ensure that those "I"s that exist at different times, play different roles, present different appearances, and have different thoughts are the same person? For example, I am a scholar; I am a... (shrink)

Reflecting on the tension of which he was aware between the imperial West and the still-mysterious East, Victorian writer Rudyard Kipling penned the above phrase to express the incommensurable situation wherein the Westerner never understands the Asian, as the latter’s culture differs too greatly from his own. However, aware that East and West nevertheless cannot remain separated forever, the author ends the poem with an eventual encounter between the two.Over 100 years have passed since this poem was written, yet the (...) ambivalent encounter between East and West that it depicts still exists and is currently playing out within the field of pharmaceuticals. On one side of the divide are the many people in the industry who want to standardize global acceptance of drugs; on the other are the local authorities who want to maintain the overruling legal need not to compromise on health care at a national level. In this sense, the divergence and unity that Kipling captures is what this paper aims to discuss as it addresses how race is debated at the International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use. (shrink)

Hegel’s conception of a universal history of reason is usually interpreted as a Eurocentric project that is dismissive of the genuine contributions by other cultures. In contrast to this assumption, his views concerning Chinese philosophical traditions evolved significantly in his late Lectures on the Philosophy of Religion. Hegel increasingly acknowledges a unique contribution of Confucianism and especially Daoism. While Confucianism is depicted as a natural religion of magic in which the emperor governs as the supreme magician, Daoism revolts against the (...) emperor’s nepotism and turns to the Dao to elaborate a speculative philosophy of reason. The paper argues that the search for a rational form of mysticism is the basis for increasingly valuing the Chinese contributions to a conception of reason that incorporates mystical elements. (shrink)

African literature has played a major role in changing and shaping perceptions about African people and their way of life for the longest time. Unlike western cultures that are associated with advanced forms of writing, African literature is oral in nature, meaning it has to be recited and even performed. Although Africa has an old tribal culture, African philosophy is a new and strange idea among us. Although the problem of “universality” of African philosophy actually refers to the question of (...) whether Africa has heckling of philosophy in the Western sense, obviously, the philosophy bred by Africa’s native culture must be acknowledged. Therefore, the human–computer interaction-oriented method is proposed to appreciate African literature and African philosophy. To begin with, a physical object of tablet-aid is designed, and a depth camera is used to track the user’s hand and tablet-aid and then map them to the virtual scene, respectively. Then, a tactile redirection method is proposed to meet the user’s requirement of tactile consistency in head-mounted display virtual reality environment. Finally, electroencephalogram emotion recognition, based on multiscale convolution kernel convolutional neural networks, is proposed to appreciate the reflection of African philosophy in African literature. The experimental results show that the proposed method has a strong immersion and a good interactive experience in navigation, selection, and manipulation. The proposed HCI method is not only easy to use, but also improves the interaction efficiency and accuracy during appreciation. In addition, the simulation of EEG emotion recognition reveals that the accuracy of emotion classification in 33-channel is 90.63%, almost close to the accuracy of the whole channel, and the proposed algorithm outperforms three baselines with respect to classification accuracy. (shrink)

In recent years, knowledge hiding has gained much popularity in the knowledge management literature. Apart from that, antecedents and consequences of knowledge hiding are being scrutinized at present. There have been many studies on the triggering forces of knowledge hiding; however, the uncivil behaviors at the workplace have led the organizations and employees in trouble due to its possible associating factors, which is well explained by social influence theory. One such factor that this study has identified is knowledge hiding behavior (...) at the workplace. This is a quantitative cross-sectional study based on a survey. The population taken in this study is the middle and low-level managerial staff of the software houses located in China. The respondents were selected based on convenient random sampling, and a sample size of 287 is used in this study. The data collected were employed with the partial least square structural equation modeling using Smart-PLS 3. The findings of this study show that apart from evasive hiding, playing dumb and rationalized hiding plays a significant role in predicting workplace incivility. In addition, psychological contract breach has been taken as the mediating variable. The violation of psychological contracts among employees can indulge them in negative feelings that may convert to workplace incivility at any available opportunity of revenge which is well explained by social influence theory. Workplace incivility cannot be completely eradicated from the organizations; however, it can be controlled by making relevant policies. The civility among the employees can be attained by due managerial interventions and training of the employees considering the protection of victims and due punishment to the perpetrator. (shrink)

A deterrence theory of punishment holds that the institution of criminal punishment is morally justified because it serves to deter crime. Because the fear of external sanction is an important incentive in crime deterrence, the deterrence theory is often associated with the idea of severe, disproportionate punishment. An objection to this theory holds that hope of escape renders even the severest punishment inapt and irrelevant. -/- This article revisits the concept of deterrence and defend a more plausible deterrence theory of (...) punishment—the wide-scope deterrence theory. The wide-scope theory holds that we must make the best use of all the deterrence tools available, including both external and internal sanctions. Drawing on insights from the early Confucian tradition, the article develops a deep deterrence theory, which holds that the most important deterrence tool involves internal, not external, sanction. It describes how internal sanctions deter potential offenses and why relevant policies need not conflict with liberalism’s respect for neutrality. (shrink)