This article examines the social development of Hong Kong's cultural and national identity since its return from the UK to the People's Republic of China nearly six years ago, focusing on the extent to which Hong Kong students are now inculcated in traditional Chinese music and express their devotion to the PRC through singing the national anthem. Hong Kong music teachers experience conflicts concerning their roles as music teachers and as purveyors of values education. These observations raise fundamental questions concerning (...) the sociopolitical function of values education in the music classroom. (shrink)

BackgroundThe Life Extension Medical Decision law enacted on February 4, 2018 in South Korea was the first to consider the suspension of futile life-sustaining treatment, and its enactment caused a big controversy in Korean society. However, no study has evaluated whether the actual implementation of life-sustaining treatment has decreased after the enforcement of this law. This study aimed to compare the provision of patient consent before and after the enforcement of this law among cancer patients who visited a tertiary university (...) hospital's emergency room to understand the effects of this law on the clinical care of cancer patients.MethodsThis retrospective single cohort study included advanced cancer patients aged over 19 years who visited the emergency room of a tertiary university hospital. The two study periods were as follows: from February 2017 to January 2018 (before) and from May 2018 to April 2019 (after). The primary outcome was the length of hospital stay. The consent rates to perform cardiopulmonary resuscitation (CPR), intubation, continuous renal replacement therapy (CRRT), and intensive care unit (ICU) admission were the secondary outcomes.ResultsThe length of hospital stay decreased after the law was enforced from 4 to 2 days (p = 0.001). The rates of direct transfers to secondary hospitals and nursing hospitals increased from 8.2 to 21.2% (p = 0.001) and from 1.0 to 9.7%, respectively (p < 0.001). The consent rate for admission to the ICU decreased from 6.7 to 2.3% (p = 0.032). For CPR and CRRT, the consent rates decreased from 1.0 to 0.0% and from 13.9 to 8.8%, respectively, but the differences were not significant (p = 0.226 and p = 0.109, respectively).ConclusionAfter the enforcement of the Life Extension Medical Decision law, the length of stay in the tertiary university hospital decreased in patients who established their life-sustaining treatment plans in the emergency room. Moreover, the rate of consent for ICU admission decreased. (shrink)

Medical missionaries made a breakthrough in Korean history in healing and caring for many Hansen and tuberculosis patients. There was a missionary who had no less good influence than medical missionaries at this time. The person is missionary Sarah Barry, who inspired and developed one of the most influential student movements in South Korea. The aim of the present study is to examine life of Sarah Barry and her ministry, focusing upon her positive influences on Korean intellectuals. The relevance of (...) the study is conditioned by the fact that there is no professional academic research on her ministry except for one short paper, which discusses the importance of her role in formulating campus evangelism. In order to achieve the aim of the study, the method of analysis and synthesis of biographical and historical data was used. As a result of the study, Sarah Barry’s biography was researched and systematized. It gave ground to a conclusion that her role in South Korea’s gradual resurgence after the Civil War was seminal. (shrink)

This paper points to two little-discussed interrelated features—among sociologists—about the nature of the lifeworld (Lebenswelt): that the experience of transcendence is an essential component of human actions, and that lived experience (Erlebnis) is founded on the non-discursivity of the lifeworld, i.e., the pre-predicative background expectancies from which the discursive arises. I examine the intellectual route of Alfred Schutz who developed his mundane lifeworld theory from appropriating Edmund Husserl’s notions of appresentation and apperception. Harold Garfinkel later extended Schutz’s concept of lifeworld (...) to the empirical investigations of constitutive social orders. By way of conclusion, I warn against a strain of constructionism in sociology, which tends to ignore the two said features of lived experience and inaccurately conceives social realities as essentially the actor’s discursive accomplishments. (shrink)

This article discusses and compares the way the members of three communities of practice maintained a harmonious relationship with one another by managing rapport and performing relational work while threatening other members’ face in making requests through emails. The three communities of practice differed from one another in terms of the aim and nature of their joint enterprise, cultural composition and size. The ways rapport was managed were revealed by examining the employment of linguistic strategies of expressiveness-restraint, the choice of (...) rhetorical strategies, the blending of institutional, professional and personal discourses, and the inclusion of various rapport-building moves. The performing of relational work was approached by identifying those discursive elements whose absence would not have made the current situation any the worse for it. It is found that the three communities of practice demonstrated both similarities and differences in the way they managed rapport and performed relational work. (shrink)

On the basis of the Conservation of Resource theory and using the Job Demands-Resources model, this study examines the relationships among job demands and job resources of online teaching, perceived instructional efficacy of OT, mindfulness in teaching, and emotional exhaustion to understand the psychological stress experienced by teachers engaged in OT and how mindfulness has moderating effects on relieving anxiety and preventing burnout. A total of 476 teachers with OT experience completed online a self-report survey with items adapted from related (...) scales. The hypotheses were validated using structural equation modeling. Causal relationships were assessed using path analysis, and multi-group analysis was performed to examine the moderating effect of MiT. JD-OT has significant and negative impact on PIE-OT, JR-OT has significant and positive impact on PIE-OT, and PIE-OT has significant and negative impact on EE. Moreover, PIE-OT mediates the positive relationship of JD-OT with EE and the negative relationship of JR-OT with EE. The moderating role of MiT in the relationship of JD-OT and JR-OT with PIE-OT was also validated. In OT work environments, teachers have great need and desire for JR, which can have a positive impact on PIE. Mindfulness training contributes to improving OT efficacy and reducing EE. Enhancing teachers’ MiT enables them to deal with demands from work and their superiors and motivates them to respond with ease to the stressful external environment. (shrink)

The bone of contention that divides Alfred Schutz and Talcott Parsons in their 1940–1941 debate is that Schutz acknowledges an ontological break between the commonsense and scientific worlds whereas Parsons only considers it “a matter of refinement.” Schutz’s ontological distancing that disconnects the “world of consociates” where social reality is directly experienced in face-to-face contacts, and the “world of contemporaries” where the Other is experienced in terms of “types” has been crucial to social scientists. Implicated in the break is that (...) all intellectual attempts to understand experiences of Others must be based on the “models” constructed in the “world of contemporaries” (or “predecessors”); hence, epistemologically, to grasp the subjective point of view with a here-and-now understanding is an outright impossibility. Based on a Schutzian perspective, the author suggests that the sociologist must objectivize the Thou-orientations involved in his/her analysis in order that s/he can possibility grasp the subjective point of view in objective terms. (shrink)

This Essay examines debates surrounding Qu Tongzu's ‘Confucianization of law’ theory. Qu's theory claims that Chinese law underwent a process of ‘Confucianization’ starting in the Han dynasty (202 BC–220 AD) and ending and culminating in the Tang dynasty (618–907), where the Confucian concept of li and other Confucian moral teachings were introduced and incorporated into the written law. I argue that Qu's theory should be properly characterised as a theory of descriptive jurisprudence and also a form of the mirror thesis. (...) In light of this characterisation, this Essay then lays out the possible counterarguments that could be raised against Qu's theory and then situates existing scholarship in the debate in these categories. I then test Qu's theory using a case study about kinship concealment in traditional Chinese law The Essay then concludes by urging that the debate should include more jurisprudential approaches. (shrink)

Most neuroimaging research in stroke rehabilitation mainly focuses on the neural mechanisms underlying the natural history of post-stroke recovery. However, connectivity mapping from resting-state fMRI is well suited for different neurological conditions and provides a promising method to explore plastic changes for treatment-induced recovery from stroke. We examined the changes in resting-state functional connectivity (RS-FC) of the ipsilesional primary motor cortex (M1) in 10 post-acute stroke patients before and immediately after 4 weeks of robot-assisted bilateral arm therapy (RBAT). Motor performance, (...) functional use of the affected arm, and daily function improved in all participants. Reduced interhemispheric RS-FC between the ipsilesional and contralesional M1 (M1-M1) and the contralesional-lateralized connections were noted before treatment. In contrast, greater M1-M1 functional connectivity and disturbed resting-state networks were observed after RBAT relative to pre-treatment. Increased changes in M1-M1 RS-FC after RBAT were coupled with better motor and functional improvements. Mediation analysis showed the pre-to-post difference in M1-M1 RS-FC was a significant mediator for the relationship between motor and functional recovery. These results show neuroplastic changes and functional recoveries induced by RBAT in post-acute stroke survivors and suggest that interhemispheric functional connectivity in the motor cortex may be a neurobiological marker for recovery after stroke rehabilitation. (shrink)

This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.

Otfried Höffe is one of the foremost political philosophers in Europe today. In this major work, already a classic in continental Europe, he re-examines philosophical discourse on justice - from Classical Greece to the present day. Höffe confronts what he sees as the two major challenges to any theory of justice: the legal, positivist claim that there are no standards of justice external to legal systems; and the anarchist claim that justice demands the rejection and abolition of all legal and (...) state systems. Höffe sets out to continue the 'philosophical project of modernity', the legitimation of human rights, and their guarantee by the state, while at the same time rehabilitating the classical theory of political justice represented by Plato and Aristotle. He questions the success of the positivists in avoiding extra-legal normative claims, and casts doubt on the plausibility of their criticism of the Natural Law tradition. Most anarchists, he argues, rely on an uncritical assumption that social institutions other than states and legal orders do not coerce. In Höffe's view, some coercion is unavoidable, and the grounds for its justification must be examined. Principles of justice will be those principles which define fundamental rights, and which must be enforced if rights are to be respected. (shrink)

This book explores the relevance of virtue theory to law from a variety of perspectives. The concept of virtue is central in both contemporary ethics and epistemology. In contrast, in law, there has not been a comparable trend toward explaining normativity on the model of virtue theory. In the last few years, however, there has been an increasing interest in virtue theory among legal scholars. 'Virtue jurisprudence' has emerged as a serious candidate for a theory of law and adjudication. Advocates (...) of virtue jurisprudence put primary emphasis on aretaic concepts rather than on duties or consequences. Aretaic concepts are, on this view, crucial for explaining law and adjudication. This book is a collection of essays examining the role of virtue in general jurisprudence as well as in specific areas of the law. Part I puts together a number of papers discussing various philosophical aspects of an approach to law and adjudication based on the virtues. Part II discusses the relationship between law, virtue and character development, with some of the essays selected analysing this relationship by combining both eastern perspectives on virtue and character with western approaches. Parts III and IV examine problems of substantive areas of law, more specifically, criminal law and evidence law, from within a virtue-based framework. Last, Part V discusses the relevance of empathy to our understanding of justice and legal morality. (shrink)

If the criminal trial is aimed simply at ascertaining the truth of a criminal charge, it is inherently problematic to prevent the prosecution from adducing relevant evidence on the ground of its unlawful provenance. This article challenges the starting premise by replacing the epistemic focus with a political perspective. It offers a normative justification for the exclusion of unlawfully obtained evidence that is rooted in a theory of the criminal trial as a process of holding the executive to the rule (...) of law. On this theory, it is the admission rather than exclusion of such evidence that is inherently problematic. The differences between this theory and others that are in currency will be noted, as will its implications and limitations. (shrink)

Ho Chi Minh City is a city which has received and accumulated many cultures and religions from around the world, from Oriental culture to Western civilization, from West Asian and East Asian cultures to South Asian and Southeast Asian cultures. The cultures of some African and Latin American countries have also arrived recently. Most world religions, regional religions, national religions and even new religions are present in the city. The characteristic of religions and cultural identities of Ho Chi Minh City (...) is in the process of transformation, receipt and selection of the cultural and religion elements of those cultures. Based on the research results of a scientific research on the topic, “Cultural and religion life in Ho Chi Minh City in the era of international integration”, we would like to share some opinions about the characteristics of culture and religions in the process of cultural exchange, acculturation and accumulation of Ho Chi Minh City from traditional to modern stage. (shrink)

Yang Hsien-chen and other comrades' theory of "combining two into one" consciously uses the bourgeois world view to oppose the proletarian world outlook. It is basically opposed to the philosophy of Marxism. "Marxist philosophy holds that the law of the unity of opposites is the fundamental law of the universe. This law is universally existent in the natural world, human society, and people's thinking." However, the theory of "two into one" declares that "there is nothing in the phenomena of the (...) natural world, or in human society, thought, etc. which is not a case of ‘two combining into one.’" The law of the unity of opposites holds that all things in the world are always dividing into two opposite sides which struggle with each other in a unity. The unity of opposites is conditional and relative, but the struggle of opposites is unconditional and absolute. The theory of "two into one" asserts that "anything is a combination of two into one." "The unity of contradiction only means that the two sides of the contradiction are inseparably connected." However, the law of the unity of opposites holds that "the result of the struggle between the two opposite sides of the contradiction is that there is nothing which cannot be transformed into its opposite under definite conditions" , and "in human society and the natural world, unities are always splitting into different parts." The theory of "two into one" simply regroups the contradictory relationships of things into "two opposite sides indivisibly linked together" , that is, things possess a so-called "inseparability." Since the theory of "two into one" in this way obliterates antagonistic contradictions and the absoluteness of antagonism, it also denies that the antagonism of contradiction must, under certain conditions, lead to the splitting of a unity and the transformation of opposites. (shrink)

This chapter contains sections titled: A Naturalistic Account of Human Rationality Geography of Thought: A Tale of Two Versions Nisbett on Logic and Contradiction How Radical are East‐West Differences in Thinking Style? Some Implications for the Education of Critical Thinking Acknowledgements Notes References.

Environmental displacement is a global phenomenon affecting millions of people. Due to climate change and the corresponding sea-level rise, it is estimated that about eight million of indigenous people of Pacific Islands will be forced to settle elsewhere by 2050. This is one of many examples confirming the need to ascertain the legal status of environmental refugee in international law. The term ‘environmental refugee’ is controversially discussed and internationally not recognised. First, this article discusses the reasons for reluctance of international (...) organisations to accept this term. Second, noting the cold reception of this term at the regional and state levels, a discussion on whether fears associated with this term are based on solid arguments becomes pertinent. Third, this article outlines the possibility of granting refugee status under international law, especially under human rights and environmental law. Fourth, academic discourses will be examined as they play a crucial role in the conceptual development of ‘environmental refugee’ and, to some academics, the existing refugee definition already encompasses ‘environmental refugees’. Taking into account the developments of the environmental and human rights regime, this article concludes that time is ripe for international law to provide refugee status to environmentally displaced people. (shrink)

Debates about effective responses to the COVID-19 pandemic have emphasized the paramount importance of digital tracing technology in suppressing the disease. So far, discussions about the ethics of this technology have focused on privacy concerns, efficacy, and uptake. However, important issues regarding power imbalances and vulnerability also warrant attention. As demonstrated in other forms of digital surveillance, vulnerable subpopulations pay a higher price for surveillance measures. There is reason to worry that some types of COVID-19 technology might lead to the (...) employment of disproportionate profiling, policing, and criminalization of marginalized groups. It is, thus, of crucial importance to interrogate vulnerability in COVID-19 apps and ensure that the development, implementation, and data use of this surveillance technology avoids exacerbating vulnerability and the risk of harm to surveilled subpopulations, while maintaining the benefits of data collection across the whole population. This paper outlines the major challenges and a set of values that should be taken into account when implementing disease surveillance technology in the pandemic response. (shrink)

Proportionality is a German, and thus continental European, concept in public law that is applied by both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The principle specifies that measures adopted by executive authorities should not exceed the limits of what is appropriate and necessary in order to achieve legitimate objectives in the interest of the public. Using a functional comparative approach, this book evaluates the extent to which proportionality has been (...) integrated into the English and Hong Kong judicial systems by comparing case law in these courts with that of the CJEU and the ECtHR. The text also reviews the development of proportionality and presents a topical understanding of why its adoption and application have encountered difficulties, particularly regarding socio-economic rights, in some jurisdictions, such as the United Kingdom and Hong Kong. Written by a scholar with experience from both within the Hong Kong judicial system and from international research, this book is the first all-encompassing reference for legal practitioners worldwide." -- Provided by publisher. (shrink)

Following the outbreak of what would become the COVID-19 pandemic, social distancing measures were quickly introduced across East Asia—including drastic shelter-in-place orders in some cities—drawing on experience with the outbreak of severe acute respiratory syndrome almost two decades ago. “Smart City” technologies and other digital tools were quickly deployed for infection control purposes, ranging from conventional thermal scanning cameras to digital tracing in the surveillance of at-risk individuals. Chatbots endowed with artificial intelligence have also been deployed to shift part of (...) healthcare provision away from hospitals and to support a number of programmes for self-management of chronic disease in the community. With the closure of schools and adults working from home, digital technologies have also sustained many aspects of both professional and social life at a pace and scale not considered to be practicable before the outbreak. This paper considers how these new experiences with digital technologies in public health surveillance are spurring digitalization in East Asian societies beyond the conventional public health context. It also considers some of the concerns and challenges that are likely to arise with rapid digitalization, particularly in healthcare. (shrink)

This chapter discusses some legal implications of Hong Kong’s three types of organ donation incentive and presents further thoughts about their ethical and policy implications. It aims to transform the useful findings presented in previous chapters into legal solutions and policy innovations in practice. We argue that the Hong Kong law is able to incorporate mixed incentive measures and further suggest detailed legal rules regarding organ incentives for the government to consider. In terms of ethical and policy implications in a (...) wider context, we suggest a paradigm shift in incentive structure and the adoption of mixed incentive measures for the promotion of organ donation and procurement. However, we agree that the exact choice or combination of organ incentive measures ultimately depends on how each country or jurisdiction will assess their practical effectiveness, political legitimacy, and ethical justification. (shrink)

GMOS and Political Stance: Global GMO Regulation, Certification, Labeling, and Consumer Preferences provides a foundational-to-current challenges resource for those involved in developing and applying regulations to these important resources. Beginning with basics of GMOs, the book first familiarizes the reader with the history, economic status, associated risks, global politics, and socio-economics of GMOs. From exploring the necessity of GMO regulations with the existing GMO technology as well as new gene editing technologies to discussion by GMO regulations experts from different continents (...) and countries, readers will find the information necessary to understand the laws, rules, regulations and policies at domestic and international scale. A last chapter delivers an update and future look on gene-edited food and feed and discusses the possibilities on the future risk assessment, legislation and regulation of gene-edited products. GMOS and Political Stance provides a unique and applicable synchronization of all regulatory information on GMOs to facilitate effective and efficient regulatory development and adherence." -- Amazon. (shrink)

This paper conducts a comparative analysis of data governance mechanisms concerning the secondary use of health data in Taiwan and the European Union (EU). Both regions have adopted distinctive approaches and regulations for utilizing health data beyond primary care, encompassing areas such as medical research and healthcare system enhancement. Through an examination of these models, this study seeks to elucidate the strategies, frameworks, and legal structures employed by Taiwan and the EU to strike a delicate balance between the imperative of (...) data-driven healthcare innovation and the safeguarding of individual privacy rights. This paper examines and compares several key aspects of the secondary use of health data in Taiwan and the EU. These aspects include data governance frameworks, legal and regulatory frameworks, data access and sharing mechanisms, and privacy and security considerations. This comparative exploration offers invaluable insights into the evolving global landscape of health data governance. It provides a deeper understanding of the strategies implemented by these regions to harness the potential of health data while upholding the ethical and legal considerations surrounding its secondary use. The findings aim to inform best practices for responsible and effective health data utilization, particularly in the context of medical AI applications. (shrink)

This article attempts to construct a theory of the common law hearsay rule. The hope is to expose the values which it embodies. The theory will explain the role of the rule in the inferential process and will try to justify its operation. The rule is commonly analysed in terms of 'reliability'. But it will be argued in this article that the hearsay rule is more correctly seen as being based on two related conceptions of fairness. The rule seeks to (...) avoid, first, the unfairness to the opponent of assuming that the absent declarant would have come up to proof if she had testified, and, secondly, the unfairness of prejudicing the opponent by the production of evidence without giving her the opportunity to erase that prejudice. The implications of the theory will be explored. The article will discuss what the law on hearsay evidence ought to be on the present theory. (shrink)

This essay evaluates the recent restatement in O’Brien v Chief Constable of South Wales Police of the law on similar facts in civil proceedings. The two-stage approach propounded in O’Brien contains a number of conceptual problems. Apparent simplicity was achieved by avoiding fundamental issues underlying this area. Prior to the Criminal Justice Act 2003, judges recognized that the common law similar facts rule had a role to play in both civil and criminal trials; but they gave the rule a wider (...) exclusionary scope in criminal than in civil cases. Adoption of a moral perspective helps to explain this state of affairs. The rule, so it will be argued, protects the legitimacy of trial deliberation by forbidding reliance on an assumption that disrespects the moral autonomy of the person whose conduct is being judged. This moral objection can arise in civil cases; but it arises more frequently and usually with greater force in criminal proceedings. Hence, while there is a need to reserve some judicial power to disallow proof of similar incidents in the civil context, there is usually less reason for the exercise of that power in civil cases than at criminal trials. (shrink)

A deferred prosecution agreement, or DPA, allows a corporation, instead of proceeding to trial on a criminal charge, to settle matters with the state by acknowledging the facts on which any charge would be based, pay a reduced fine, and agree to change the way they conduct business. Critics of DPAs have suggested that, because the defendant corporation must pay a fine and submit to structural reform without having been found guilty at trial, DPAs violate the Presumption of Innocence. This (...) paper argues that they do not. The paper appeals to the role of civic trust in a liberal political community. The obligations a corporation assumes in a DPA can be framed as a reasonable retributive response to a breach by that corporation of the community’s laws, and an appropriate reassurance by that corporation to the community that such breaches will not reoccur. This framing is sufficient to deny that DPAs violate the Presumption of Innocence. (shrink)

The notion of suffering carries with it aspects which are private and individual on the one hand and social and lingual on the other. I would pay attention to the latter part of the suffering notion, where the notion of suffering is recognized to be primitive by almost all the theories of human values. This primitive character allows a commensurable basis on the basis of which most plural theories share something in common to talk objectively to each other. In this (...) paper I would like to offer three arguments in order to advance a thesis that one’s suffering is redemptive of others First, the conservation law of mass says that matter of a closed system can neither be created nor destroyed, although it may be differently rearranged. This may be applied to the experience of suffering, to allow the conservation law of suffering: my unjust self-interest costs pains in others to the level of the same amount but if I voluntarily suffer a sacrifice others will have their pains lightened to the analogous level. Second, notion of yin-yang helps to support the redemptive thesis of suffering. The notion says that all things in the reality consist of two complementary opposite capacities that interact within a greater whole, as part of a dynamic system. Then, my acceptance of suffering and the decrease of other’s pain are two complementary capacities of one reality. Third, any person is responsible for his own act, so is a society as a whole. Then, as an individual restores his damaged person, when he commits a crime, by being suffered or punished, a society restores itself to its own proper state, when any member of the society is wronged, by suffering communally in one way or other. (shrink)