[Adapted from publisher-provided promotional materials by English Book Review Editor, Janny HC Leung]M. Catherine Gruber (2014) I’m Sorry for What I’ve Done: The Language of Courtroom Apologies. Oxford University Press, USA, ISBN: 978-0-19-932566-5This book examines 52 apologetic allocutions produced during federal sentencing hearings. The practice of inviting defendants to make a statement in their own behalf is a long-standing one and it is understood as offering defendants the opportunity to impress a judge or jury with their remorse, which could (...) be a factor in the sentence that is imposed. Defendants raised the topics of the offense, mitigation, future behaviour and the sentence in different ways and this book explores the pros and cons associated with the different strategies that they used. Based on corpus data, Gruber argues that the application of Austin’s (1962) performative–constative continuum reveals that offense-related utterances that fall closer to the constative end are .. (shrink)
[Adapted from publisher-provided promotional materials by English Book Review Editor, Janny HC Leung]Peter Goodrich Legal Emblems and the Art of Law: Obiter Depicta as the Vision of Governance. Cambridge University Press. ISBN: 9781107035997.The history of the legal emblem has not been written. A seemingly fortuitous invention of the humanist lawyer Andrea Alciato in 1531, the emblem book is an extraordinary pictorial turn in the early history of publishing and in the emergence of modern law. The preponderance of juridical and (...) normative themes, of images of rule and infraction, of obedience and error in the emblem books is critical to their purpose and interest. It is no accident that the history of this highly successful scholarly genre is dominated in authorship and content by lawyers. This book is the history of the emblem tradition as a juridical genre, along with the concept of, and training in obiter depicta, in things seen along the way to judgment. It argues that these .. (shrink)
In the past decades, researchers of Cantonese treated the frequently used sentence-final particles (hereafter SFPs) wo3 (?, mid level tone) and bo3 (?, mid level tone) as variant forms, the former being the result of sound change from the latter (Kwok 1984, Luke 1990, Li 1995, Fang 2003). However, Leung (2010) argues that wo3 in the late 20th century performs the functions of realization, reminder, hearsay and contrast while the main function of bo3 is only to show contrast, thus (...) they are not entirely interchangeable. To explore the development of the two particles from the historical prospective, this paper attempts to examine them in Hong Kong Cantonese diachronically based on the spoken data of old Cantonese movies of 1940s and 1970s. (shrink)
In the past decades, researchers of Cantonese treated the frequently used sentence-final particles wo3 and bo3 as variant forms, the former being the result of sound change from the latter. However, Leung argues that wo3 in the late 20th century performs the functions of realization, reminder, hearsay and contrast while the main function of bo3 is only to show contrast, thus they are not entirely interchangeable. To explore the development of the two particles from the historical prospective, this paper (...) attempts to examine them in Hong Kong Cantonese diachronically based on the spoken data of old Cantonese movies of 1940s and 1970s. (shrink)
In recent years, there has been increased awareness of unethical consumer practices in Asian countries. Asian consumers have gained a bad reputation for buying counterfeit products, such as computer software, fashion clothing and watches. In 1993, the estimated losses to US software companies due to Chinese counterfeiting stood at US $322 million (Kohut, 1994). The present study uses a consumer ethics scale developed by Muncy and Vitell (1992) to investigate consumers' ethical judgments from a Chinese perspective. The result shows that (...) consumers in different cultures utilize similar rules to assess the ethicality of a given situation. However, findings also show certain cultural elements that are unique in influencing Chinese consumers' ethical judgments. The results also indicate the need for the continued development of and investment in consumer education in Asia. (shrink)
This paper studies the relationship between organizational ethical climate and the forms of organizational citizenship behavior , including in-role and extra-role behaviors, and examines the mediating effect of employee loyalty. A sample of employees from a traditional Hong Kong-based company was used as a study group. The purpose of this study was to examine the causes and implications of how various ethical work climates affect employee performance. Based on a model proposed by Victor and Cullen, ethical climate is arranged from (...) lower levels to higher levels. The results suggest that lower levels of ethical climate , characterizing a weak relational contract between employee and employer, are associated with negative extra-role behavior. In contrast, higher levels of ethical climate , symbolic of a strong relational contract at work, are associated with positive extra-role behavior. Moreover, normative commitment mediated a positive relationship between caring and identification with the company, whereas attitudinal loyalty mediated the negative relationship between independence and altruism. Implications for future research and practice are discussed. (shrink)
Drawing on the general ethics and social psychology literature, this study presents a model to delineate the major factors likely to affect consumers' intentions to bring their own shopping bags when visiting a supermarket . The model is empirically validated using a survey of 250 Chinese consumers. Overall, the findings support the hypothesized direct influence of teleological evaluation and habit on BYOB intention, as well as that of deontological evaluation and teleological evaluation on ethical judgment about the BYOB practice. Teleological (...) evaluation exerts a much stronger influence on ethical judgment than does deontological evaluation. In addition, the findings reveal that consumers who perceive the BYOB practice to be more important are more inclined to rely on their ethical judgment to derive their BYOB intention. Academically, these findings provide some encouraging evidence for the application of general ethics theories to explain green consumption-related practices. Practically, the findings also suggest that a utilitarian approach may represent an effective means for the Chinese government to promote BYOB practice among consumers. (shrink)
Despite the growing interest in female expatriates, few empirical studies have focussed on corporate career development activities available to women. Given the faltering corporate support for female business expatriates in general, one may presume that such organizational activities are less available to women than to men. To test this proposition, a large number of Western female and male business expatriates assigned to Hong Kong responded to a mail survey. Controlling for differences between the two gender groups, three significant gender differences (...) were found, all indicating a lower availability of these corporate activities to women than to men, partially supporting expectations. These corporate career development activities were fast track programs, individual career counseling and career planning workshops. Implications of these findings for globalizing firms as well as for their female employees are discussed in detail. (shrink)
The menu-dependent nature of regret-minimization creates subtleties when it is applied to dynamic decision problems. It is not clear whether forgone opportunities should be included in the menu. We explain commonly observed behavioral patterns as minimizing regret when forgone opportunities are present. If forgone opportunities are included, we can characterize when a form of dynamic consistency is guaranteed.
Health care organizations are constantly seeking ways to improve quality of care and one of the often-posed solutions to deliver ‘good care’ is reflexivity. Several authors stress that enhancing the organizations’ and caregivers’ reflexivity allows for more situated, and therefore better care. Within quality improvement initiatives, devices that guarantee quality are also seen as key to the delivery of good care. These devices do not solely aim at standardizing work practices, but are also of importance in facilitating reflexivity. In this (...) article, we study how quality improvement devices position the relationship between situated reflection and standardization of work processes. By exploring the work of Michel Callon, Michael Lynch, and Lucy Suchman on reflexivity in work practices, we study the development and introduction of the Care Living Plan. This device aimed to transform care organizations of older people from their orientation towards the system of care into organizations that take a client-centred approach. Our analysis of the construction of specific forms of reflexivity in quality devices indicates that the question of reflexivity does not need to be opposed to standardization and needs to be addressed not only at the level of where reflexivity is organizationally situated and who gets to do the reflecting, but also on the content of reflexivity, such as what are the issues that care workers can and cannot reflect upon. In this paper we point out the theoretical importance of a more detailed empirical study of the framing of reflexivity in care practices. (shrink)
"The New Yearbook for Phenomenology and Phenomenological Philosophy Volume VI" includes important contributions by both established and emerging scholars working in the phenomenological tradition, together with first-time English translations of texts and documents whose phenomenological relevance transcends their considerable historical significance.
This article explores the ethics of migrant marketers in Guangzhou. Data were collected from 357 migrant marketers who lived in Guangzhou. A model of Ethical Action has been developed to test the antecedents and outcomes of the ethical decision-making process. It measured moral intention using four ethical scenarios. The results show that the egoistic schema had a positive effect on their intention to act unethically, while the legislative schema exerted a negative effect. The results confirm that moral intention was a (...) strong predictor of an individual's subsequent actual behavior, and it fully mediated the influence of the legislative schema on actual behavior. This study adds to ethics literature by incorporating the construct of social identity and found a moderating effect between the legislative schema and moral intention. The relationships were stronger for individuals who were lower rather than higher in social identity. Analysis of these results lead to a discussion of the implications for marketing ethics in China. (shrink)
Patients who are subject to compulsory care constitute a substantial proportion of the work-load of mental health professionals, particularly psychiatric nurses. This article examines the traditional ‘beneficence-autonomy’ approach to ethics in compulsory psychiatric care and evaluates it against the reality of daily practice. Risk to the public has always been an important but often unacknowledged consideration. Inequalities exist among ethnic and socio-economic groups and there is a lack of agreement on what constitutes mental disorder. Two major changes in compulsory psychiatric (...) care - community orders and care for patients with untreatable severe personality disorders - further challenge the traditional ethical approach. There are also important human rights implications. The simple patient-health professional relationship no longer provides an adequate framework for mental health professionals on which to base their ethical decisions. The public and organizations may have different perspectives and their interests are becoming increasingly important. Mental health professionals, particularly psychiatric nurses, may face ethical dilemmas because of these different perspectives. (shrink)
Guanxi is perceived as a major determinant for successful business in China. This research paper investigates the importance of Guanxi from the Hong Kong Businessmen's viewpoint. It confirms previous findings in this area and adds on new dimensions. Therefore, practitioners and academics may further refine their knowledge in this subject.
This essay attempts to approach the dispute over the conceptualist or non-conceptualist interpretation of Husserl’s conception of intentional experience from a specific question: Is the intuitive act essentially a carrier of meaning? In the sixth Investigation, Husserl apparently tries to show that intuition is no carrier of meaning and therefore must be unified with a meaning-conferring act in order to be meaningful. But it seems to me that the brief arguments given by Husserl here are far from conclusive and that (...) there are passages in the Logical Investigations which suggest otherwise. I will try to demonstrate that the sense conferred by the interpretation in perception is not different from linguistic meaning, and therefore perception is actually a synthetic act of fulfillment and is always meaningful. The conceptualist reading is no less convincing and no less susceptible to objections than the non-conceptualist one. (shrink)
One less obvious impact of legal bilingualism in a postcolonial jurisdiction like Hong Kong is an increasing trend of unrepresented litigants. Since their lack of legal knowledge often places them at a disadvantage and poses numerous problems in court, the government has established the resource centre for unrepresented litigants to offer them information about legal procedure. This paper evaluates the usefulness of the Chinese official reference materials at the centre in equipping laymen for civil litigation. As a first point of (...) contact between unrepresented litigants and the law, these leaflets have a direct impact on the users’ understanding of litigation procedures and their courtroom performance. This paper argues that the leaflets suffer from two major problems: incomprehensibility of language and lack of structure. Problems involved in include inconsistency in terminology, problematic translation, and language complexity arising from the use of odd collocation, unusual words, difficult legal terminology and confusing parts of speech; whereas in , information is found to be scattered and disorganised. To improve readability, the paper suggests using plain language, and providing checklists of documents, and a legal glossary. Cross-jurisdiction practices will be examined to show how unrepresented litigants’ access to justice may be facilitated. (shrink)
The purpose of this paper is to propose a framework of ethics education that promotes the structured learning of ethics in the accounting discipline. The Ethics Education Framework is based on three key inter-related components that includes: Rest’s Four-Component Model of ethical decision-making and behaviour; the key cognitive and behavioural objectives of ethics education; and the discrete and pervasive approaches to delivering content. The EEF providesuniversity students and professional accountants a structure to learn to identify, analyse, and resolve ethical issues (...) to the point of action. The EEF is a four-stage learning continuum represented as a set of building blocks which introduces ethical concepts and then reinforces and develops new levels of understanding with progressive stages. This paper describes the EEF, and includes a discussion of how it compares with other ethics education models, and an analysis of the support through responses by professional organisations, as the initial International Education Practice Statement). The IFAC has now revised its International Education Standard in relation to ethics, with a commentary period till July 2011. (shrink)
In this paper we investigate nonnormal modal systems in the vicinity of the Lewis system S1. It might be claimed that Lewis's modal systems (S1, S2, S3, S4, and S5) are the starting point of modern modal logics. However, our interests in the Lewis systems and their relatives are not (merely) historical. They possess certain syntactical features and their frames certain structural properties that are of interest to us. Our starting point is not S1, but a weaker logic S1 (S1 (...) without the schema [T]). We extend it to S1D, which can be considered as a deontic counterpart of the alethic S1. Soundness and completeness of these systems are then demonstrated within a prenormal idiom. We conclude with some philosophical remarks on the interpretation of our deontic logic. (shrink)
This paper takes a bottom-up approach to empirically investigate how people construct the meaning of obscenity, and offers an experientialist, cognitive linguistic account to explain why the term appears to defy definition and makes a problematic legal concept. To study the contextual dependence of the term, we examined the extent to which various item characteristics (such as genre, context, and the race or celebrity status of the people portrayed) and individual variables (such as gender, religion, sexual orientation and previous personal (...) and cultural experiences) influence our perception of seemingly obscene materials. We report correlations that have not been previously shown. The data support the thesis that the meaning of obscenity emerges in a cognitive-affective response that arises during a dynamic process of interpretation, and thus allows for extralegal factors to influence judgment. The results challenge the assumption that obscenity is a symbolic representation of objectively existing reality and argue that community standard of obscenity is a legal fiction. (shrink)
To evaluate and extend climato-economic theory, the use of more micro units of analysis, such as cities and families, may open up new data sources. The consideration of environmental demands other than thermal climate may also broaden the range of useful data. Longitudinal designs can provide causal evidence, and so can experiments if the theory can be applied to individuals.