This paper analyzes legal fact-argumentation in the framework of the argumentation-based litigation game by Xiong :16–19, 2012). Rather than as an ontological one, an ALG treats a legal fact as a fact-qua-claim whose acceptability depends on the reasons supporting it. In constructing their facts-qua-claims, parties to an ALG must interact to maintain a game-theoretic equilibrium. We compare the general interactional constraints that the civil and common law systems assign, and detail what the civil, administrative, and criminal codes of mainland (...) China require of the suitor, the respondent, and the trier to establish their respective S-, R- and T-facts. We also offer an improved version of the legal syllogism. (shrink)
This book, the first English translation of what many consider to be the most original work of Chinese philosophy produced in the twentieth century, draws from Buddhist and Confucian philosophy to develop a critical inquiry into the relation between the ontological and the phenomenal. This annotated edition examines Xiong Shili’s complex engagement with Buddhist thought and the legacy of Xiong’s thought in New Confucian philosophy. It will be an indispensable resource for students of Eastern philosophy and Chinese intellectual (...) history, as well as for philosophers who may not be familiar with the Chinese tradition. (shrink)
Egalitarianism, the view that equality matters, attracts a great deal of attention amongst contemporary political theorists. And yet it has turned out to be surprisingly difficult to provide a fully satisfactory egalitarian theory. The cutting-edge articles in Egalitarianism move the debate forward. They are written by some of the leading political philosophers in the field.
An analysis is presented of the problems that have existed for over 20 years in the moral education curriculum in primary schools of China. These include the separation of moral education from children's lives, the moralizing and memorization used as the basic methods of teaching and learning, and the overlaps between courses on society and ideological moral character. The paper then introduces the main innovations in the contemporary reform of the primary moral education curriculum, including lifelong moral education as its (...) theoretical foundation and making the development of children's morality relate to life, with ?real? everyday life events as source materials for textbooks. Embodied in the textbooks are some new ideas behind the revised educational objectives, such as putting oneself in another's position, ecological interdependence, ?win?win?, dialogue, sharing and diversity. As the curriculum is child centred so the textbooks use a dialogical pedagogy. In conclusion the paper considers ongoing and new challenges for moral education in primary schools to be faced by the curriculum reform. (shrink)
The Dutch Book Argument shows that an agent will lose surely in a gamble if his degrees of belief do not satisfy the laws of the probability. Yet a question arises here: What does the Dutch Book imply? This paper firstly argues that there exists a utility function following Ramsey’s axioms. And then, it explicates the properties of the utility function and degree of belief respectively. The properties show that coherence in partial beliefs for Subjective Bayesianism means that the degree (...) of belief, representing a belief ordering, satisfies the laws of probability, and that coherence in preferences means that the preferences are represented by expected utilities. A coherent belief ordering and a utility scale induce a coherent preference ordering; a coherent preference ordering induces a coherent belief ordering which can be uniquely represented by a degree-of-belief function. The preferences and beliefs are both incoherent or disordered if a Dutch Book is made. (shrink)
The text Jié tuō dào lùn, or Chinese translation of *Vimuttimagga mentions the Avīci Hell all of a sudden in the section on the cognitive process. The problematic phrase wújiān shēng Āpídìyù has been interpreted in different ways by several scholars. Japanese scholars tend to skip the phrase, or regard the term Āpídìyù as a typographic error. Given that we do not have an original text, however, the phrase needs to be understood as it is. In contrast, the English translation (...) interprets the term wújiān as a name of hell, and considers it as a synonym of Āpídìyù, namely the Avīci Hell. Even though the Chinese term wújiān itself is usually understood as the Avīci Hell, namely, Wújiāndìyù or Āpídìyù, of which the corresponding Pāli is Avīci-niraya, it is not the case here since a hell as such has nothing to do with the cognitive process. Assuming that the term Āpídìyù is not a typographic error, I propose to understand this problematic phrase as the simile in the sentence ‘seven mind-moments [immediately proceed just as one who has performed] the Five Sins is reborn into the Avīci Hell [as soon as he dies]’. The term wújiān meaning ‘no-gap’ in the cognitive process section conveys that there is not any intermission between the successive mind-moments. In Pāli perspectives, it implies that the successive mind-moments are in the proximity condition. The Jié tuō dào lùn was likely to use a metaphor in order to set a rule for governing the cognitive process rather than making a specific technical term. (shrink)
In this article Jason Brennan’s arguments about the moral duties relating to our practice of voting are examined. These arguments provide an epistocratic approach of politics and present a conception of abstention at four levels: abstention as a personal choice, as a moral responsibility, as a duty legally enforceable and as an obligation decided by lot. The contrast with John Stuart Mill’s positions helps to highlight the postdemocratic ambivalences and the latent paternalism behind Brennan’s rejection of massive voting and (...) electoral democracy. A deliberative, Millian-inspired understanding of abstention also allows questioning the assumption in Brennan’s successive proposals that there is no significant loss in overlooking the political valence of qualified abstention. (shrink)
Xiong was the originator and founder of Modern Confucianism (xin ruxue ) as well as one of the first Chinese philosophers, who developed his own system of thought, which was based upon classical Confucian concepts and, at the same time, adjusted to the conditions of the New Era. His contribution to the development of modern Chinese philosophy can also be demonstrated in a much broader, general sense. Xiong Shili, namely, also represents one of the first theoretically qualified intellectuals (...) of his age, who didn’t advocate the conservative elitist nationalism, but at the same time opposed the prevailing trends of iconoclastic negation of tradition. Even later on, during the predomination of the so-called communist ideologies, Xiong rather consequently persisted in his—for that time completely unacceptable— standpoints.Thus Xiong Shili, remaining a real Confucian scholar at a time, when Confucianism was everything else but the prevailing state doctrine, doubtless represents a real traditional sage. For him, Confucianism was not solely the predominating system of thought, to which he should formally conform in order to achieve the realization of some privileges and private interests. He was a Confucian scholar by following his own inner conviction, or, with other words, he was a Confucian “inner sage.” Hereby,we encounter an extremely rare kind of Confucian scholars, namely of those, who did not remain limited to a paper-wrapped reproduction of idealistic principles of Confucian thought, but who also tried to perform them in their own life. Xiong’s personal moral was the ethics of a Confucian scholar, who can be a gentle, subtle thinker and a steadfast, consequent rebel at the same time. (shrink)
In various places we have defended the position that a new human organism, that is, an individual member of the human species, comes to be at fertilization, the union of the spermatozoon and the oocyte. This individual organism, during the ordinary course of embryological development, remains the same individual and does not undergo any further substantial change, unless monozygotic twinning, or some form of chimerism occurs. Recently, in this Journal Jason Morris has challenged our position, claiming that recent findings (...) in reproductive and stem cell biology have falsified our view. He objects to our claim that a discernible substantial change occurs at conception, giving rise to the existence of a new individual of the human species. In addition, he objects to our claim that the embryo is an individual, a unified whole that persists through various changes, and thus something other than a mere aggregate of cells. Morris raises a number of objections to these claims. However, we will show that his arguments overlook key data and confuse biological, metaphysical, and ethical questions. As a result, his attempts to rebut our arguments fail. (shrink)
In China, Xiong Shili 熊十力 is typically regarded as one of the most important Chinese philosophers of the twentieth century. The focus of this paper is Xiong’s monistic ontology and draws its findings principally from the 1932 literary edition of his New Treatise on Nothing but Consciousness. Xiong’s New Treatise is the first substantive attempt to respond to the modernist challenge of providing Chinese philosophy with ‘system,’ and he did this in the form of an ontology. The (...) New Treatise consists of an interpretive summary and discussion of key Yogācāra teachings that feature in Cheng weishi lun; a sustained critique of views Xiong attributes to the sixth-century Yogācāra master Dharmapāla; and a synthesis of Yogācāra thought with ideas derived from Madhyamaka Buddhism, various Sinitic traditions of Buddhism, the Book of Change, Laozi and Zhuangzi, and from Chinese Neo-Confucian thinkers associated with the Lu-Wang wing of Neo-Confucian philosophy, as well as Zhu Xi. Xiong was very much a syncretist. I seek to explain why Xiong insisted that reality cannot be sought independent of phenomena despite his also claiming that phenomena are not real. The first and major part of the paper introduces Xiong’s critique of Yogācāra accounts of consciousness. The second part introduces his understanding of the doctrine of emptiness. I also trace the connection between Xiong’s understanding and how the concept of emptiness was understood in Tathāgatagarbha school of Sinitic Buddhism. I do not address the Confucian elements in his thought—the Buddhist elements are complex enough. (shrink)
The term bhavaṅga is regarded as a unique technical term of Theravāda abhidhamma tradition, and the text Jié tuō dào lùn, i.e. the Chinese translation of *Vimuttimagga, mentions yŏufēnxīn the Chinese counterpart of bhavaṅga eleven times. These occurrences are found in the section of the text on the cognitive process. The text is, however, too abstruse to understand the term easily, and the existing translations of it are imperfect. Subsequently, the term in the Jié tuō dào lùn has been considered (...) and interpreted by former translations in the same way as it is in other Pāli abhidhamma texts. Indeed, the Jié tuō dào lùn has more than similar definitions for bhavaṅga. It is described as the inactive state of mind from which the active states of mind arise. On the other hand, there are also a number of small but significant differences in its description of bhavaṅga. It has no sub-states, and there are no technical terms for conditional relations with other states of mind. The similarities and differences found in the discussion of bhavaṅga shed light on some salient features of the Jié tuō dào lùn. (shrink)
Jason Lagapa’s Negative Theology and Utopian Thought in Contemporary American Poetry tackles a question that has been a difficult one to address for critics attempting to discuss contemporary experimental poetry in the line of “ Language writing.” This is a tradition that claims to be politically engaged but which nevertheless does not tend explicitly to exhort its readers to take concrete political actions. How can we thus judge this poetry’s political efficacy when there are no clear or obvious political (...) actions associated with it? Lagapa’s recourse to negative theology and utopian thought tells us that we should pay close attention to matters... (shrink)
‘Jason…chosen leader because his superior declines the honour, subordinate to his comrades, except once, in every trial of strength, skill, or courage, a great warrior only with the help of magical charms, jealous of honour but incapable of asserting it, passive in the face of crisis, timid and confused before trouble, tearful at insult, easily despondent, gracefully treacherous in his dealings with the love-sick Medea but cowering before her later threats and curses, coldly efficient in the time-serving murder of (...) an unsuspecting child , reluctant even in marriage.’ So Carspecken put the case against Jason's heroism. In the face of such an indictment, Lawall's plea in mitigation, ‘it must be admitted that [Jason] often reveals the qualities of a true gentleman’, seems somehow inadequate. Criticism since Carspecken has found various overlapping categories for Jason which both take account of the earlier negative judgements and preserve the centrality of his ‘personality’ and character in the poem: Jason is the quiet diplomat who works through consensus rather than force, his is a heroism of sex-appeal, he is an anti-hero, the embodiment of Sceptic ‘suspension of judgement’, or, alternatively, he is ‘one of us’, credible and lifelike. Carspecken himself tried a different tack: the poem is concerned not with individual heroism but with the heroism of the group. (shrink)
‘Jason…chosen leader because his superior declines the honour, subordinate to his comrades, except once, in every trial of strength, skill, or courage, a great warrior only with the help of magical charms, jealous of honour but incapable of asserting it, passive in the face of crisis, timid and confused before trouble, tearful at insult, easily despondent, gracefully treacherous in his dealings with the love-sick Medea but cowering before her later threats and curses, coldly efficient in the time-serving murder of (...) an unsuspecting child, reluctant even in marriage.’ So Carspecken put the case against Jason's heroism. In the face of such an indictment, Lawall's plea in mitigation, ‘it must be admitted that [Jason] often reveals the qualities of a true gentleman’, seems somehow inadequate. Criticism since Carspecken has found various overlapping categories for Jason which both take account of the earlier negative judgements and preserve the centrality of his ‘personality’ and character in the poem: Jason is the quiet diplomat who works through consensus rather than force, his is a heroism of sex-appeal, he is an anti-hero, the embodiment of Sceptic ‘suspension of judgement’, or, alternatively, he is ‘one of us’, credible and lifelike. Carspecken himself tried a different tack: the poem is concerned not with individual heroism but with the heroism of the group. (shrink)
In this paper, I discuss the role of care and competence, as well as their relationship to one another, in contemporary medical practice. I distinguish between two types of care. The first type, care1, represents a natural concern that motivates physicians to help or to act on the behalf of patients, i.e. to care about them. However, this care cannot guarantee the correct technical or right ethical action of physicians to meet the bodily and existential needs of patients, i.e. to (...) take care of them—care2. To that end, physicians must be competent in the practice of medicine both as evidence—based science (technical competence) and as patient—centered art (ethical competence). Only then, I argue, can physicians take care of (care2) patients’ bodily and existential needs in a compassionate and comprehensive manner. Importantly, although care1 precedes competence, competence—both technical and ethical—is required for genuine care2, which in turn reinforces an authentic care1. I utilize the play Wit, especially the character Jason Posner, and Francis Peabody’s exposition on caring for patients, to illustrate the role of care and competence in contemporary medical practice. (shrink)
This essay considers Benjamin Rush's concern with the political organization of sympathy in post-Revolutionary America and how this concern shaped his response to the threat of post-Revolutionary “mobocracy.” Like many of his contemporaries, Rush worried about the contagious volatility of large public assemblies engendered by the Revolution. For Rush, regular gatherings of the people out of doors threatened to corrupt visions both of an orderly and emancipatory public sphere and of the virtuous and independent citizens required by republican government. Rush (...) feared that the unregulated communication of passion between bodies gathered in public might unleash what Michael Meranze has called an “anarchy of reciprocal imitations.” It was in eighteenth-century theories of sympathy that this idea of contagious mimesis was most rigorously developed and most widely disseminated. Rush's medico-political understanding of sympathy, acquired during his years as a medical student in Edinburgh, provides an important framework for understanding his post-Revolutionary reform efforts, particularly those focused on the spatial choreography of the American citizenry. (shrink)
Jason A. Frank, Constituent Moments: Enacting the People in Postrevolutionary America, Duke University Press, ISBN - 9780822346630Vicki Hsueh, Hybrid Constitutions: Challenging Legacies of Law, Privilege and Culture in Colonial America, Duke University Press, ISBN - 9780822346180.
Jason Stanley argues in his new book that propaganda is more prevalent within liberal democracies - and is of far greater concern - than is typically assumed. Indeed, Stanley suggests that the very idea that propaganda only proliferates within authoritarian regimes, which have ministries set aside for its production, is a central tenet of the propaganda of the West. Stanley's aim in this book is to outline the distinctive features of propaganda within a liberal democracy. On his account, the (...) 'flawed ideology' of vested and powerful interest groups undermines the genuinely valuable ideals at the heart of the democratic project; this is what he refers to as 'demagogic propaganda'. Although I am highly sceptical of the argumentative strategies Stanley employs, the book raises significant issues about the extent to which public debates in countries like the United States and Australia involve distorted conceptions of what democratic principles properly entail. Criticisms of the undemocratic and illiberal nature of political processes within liberal democracies are of course common on the left. Two key features set Stanley's work apart from much of that literature. First, he regards democratic principles as genuinely valuable and does not dismiss them as 'mere reactionary claptrap', as many in the New Left did forty years ago. Second, and more significantly, his intellectual background is highly unusual. Stanley is an analytic philosopher whose training was primarily in epistemology and formal semantics rather than in social theory or political philosophy. This is uncommon, since most analytic philosophers who are focused on epistemology and similar issues avoid political questions, a reticence of which Stanley does not approve. Indeed, the book is driven, as he says, by a profound sense of regret that analytic philosophy has surrendered many of its central questions to sociology and social theory. (shrink)
Clower, Jason: The Unlikely Buddhologist, Tiantai Buddhism in M ou Zongsan’s New Confucianism Content Type Journal Article Pages 1-4 DOI 10.1007/s11712-011-9261-y Authors Sébastien Billioud, Univ Paris Diderot, Sorbonne Paris Cité. UFR LCAO/East Asian Studies Department, Case 7009, 16 rue Marguerite Duras, 75205 Paris Cedex 13 Paris, France Journal Dao Online ISSN 1569-7274 Print ISSN 1540-3009.
This paper presents two notes relating to Jason’s prayer to Apollo before the launch of the Argo in Apollonius’ Argonautica. In both cases, I examine what may be termed the “subtextual” facets of the passage: textual data that are significant—productive of meaningful interpretation—and yet hardly apparent on a surface-level reading of the poem. The first note concerns the changing total number of crewmembers aboard the Argo, an evolving figure which Apollonius encourages the reader to track as the narrative progresses. (...) The second proposes a new acrostic that “completes” the ΑΚΤΙΑ acrostic that Selina Stewart recently discovered in Jason’s prayer. In each case, I draw different conclusions from these subliminal data, which have ramifications for questions of gender and inclusivity in Jason’s crew and the role of the gods in the poem. Both readings, however, are a testament to the careful design and unity of purpose that runs through the epic. (shrink)