Although corruption is ubiquitous, attitudes toward it differ among countries. Until the 1997 OECD Convention, the U.S. had been one of the only two countries with an explicit extraterritorial anti-bribery law, the Foreign Corrupt Practices Act (FCPA) of 1977. The FCPA employs a two-pronged approach to control the supply side of corruption: (1) anti-bribery provisions; and (2) accounting (books and record and internal controls) provisions. I offer evidence, albeit indirect, to show that the FCPA had limited success. The OECD Convention (...) adopts the same two-pronged approach, but, since it is a multilateral treaty, is likely to be more successful provided that enforcement is vigorous enough. The signatory nations effectively form a cartel to reduce the cost of doing business. As with any cartel, however, each multinational corporation has an incentive to deviate. Thus, the mutual enforcement of the agreement is crucial for its success. However, the two-pronged approach is not sufficient, since internal control does not adequately monitor decisions made at the top level. I argue that the two lessons drawn from the U.S. experience are: (1) law enforcement must be credible; and (2) internal controls alone are not sufficient. Stronger and more effective corporate governance within an appropriate regulatory framework is needed to ensure that multinational corporations conduct their business in an ethical manner. (shrink)

In searching for an appropriate utility function in the expected utility framework, we formulate four properties that we want the utility function to satisfy. We conduct a search for such a function, and we identify Pareto utility as a function satisfying all four desired properties. Pareto utility is a flexible yet simple and parsimonious two-parameter family. It exhibits decreasing absolute risk aversion and increasing but bounded relative risk aversion. It is applicable irrespective of the probability distribution relevant to the prospect (...) to be evaluated. Pareto utility is therefore particularly suited for catastrophic risk analysis. A new and related class of generalized exponential (gexpo) utility functions is also studied. This class is particularly relevant in situations where absolute risk tolerance is thought to be concave rather than linear. (shrink)

We study how changes in unemployment risk affect firms’ productivity and whether firm-initiated policies can mitigate the moral hazard problem created by increases in unemployment insurance benefits that might decrease workers’ incentives to work hard. We focus on state-specific changes in UIB levels as a quasi-natural experiment. While a large body of research has examined UIBs, including their effect on unemployed workers, few studies investigate whether UIBs have any impact on a firm’s overall productivity. Using data on firm-level total factor (...) productivity and state-level UIBs, we find a negative association between productivity and UIBs. We also find that the negative association is weaker for firms with higher employee-welfare indices than for firms with lower indices, suggesting that the adverse effect of higher UIBs on productivity is mitigated by policies that benefit workers’ welfare. More specifically, we find that among policies that are under the umbrella of corporate social responsibility, a subset of employee-welfare policies are more effective in managing moral hazard problems than other policies. (shrink)

篤胤において死の問題は、死後の存在としての霊魂の問題となり、さらには霊魂の行き場所の問題となる。もし人が死後に霊魂となることが確実であり、霊魂の行き着く場所が特定されるのであれば、先に現在の私たちに即 して述べたような死の問題は、「解決」されるに違いない。篤胤はまさにそのことを『霊の真柱』において試み、「幽冥界」という観念を提示することになる。.

Since Japan adopted the concept of informed consent from the West, its inappropriate acquisition from patients in the Japanese clinical setting has continued, due in part to cultural aspects. Here, we discuss the current status of and contemporary issues surrounding informed consent in Japan, and how these are influenced by Japanese culture.

The functions and expression pattern of urea cycle enzymes have undergone considerable changes during the course of evolution. Sequence analyses shows that urea cycle enzymes from mammals are homologous to microbial enzymes of the arginine‐metabolic pathway. Recently, an unexpected relationship was found between argininosuccinate lyase (EC 4.3.2.1), the fourth enzyme of the cycle, and δ‐crystallin, a lens structural protein of birds and reptiles.

This paper demonstrates that recent changes in the mass media, especially TV programs, change democratic practice. I argue that this theory is applicable not only to the US, but also to Japan after the 1990s. This paper is organized as follows: the first section confirms that the increase in TV news after the 1980s is driven by an increase in or political news. The second section describes the changes in political practice – elections, policy processes, and party organization brought about (...) by this change in the mass media, using both quantitative and qualitative methods. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 37.4 (2003) 114-121 [Access article in PDF] Art as Part of Daily Life - A Cross-cultural Dialogue between Art and People If encounters with art and artists become part of daily life in a small rural community, and if aesthetic experiences are perceived by its local residents as part of their daily lives, what kinds of humanistic, cultural, and social change take place in (...) the community and in the people involved? By living together in a residential community, and by showing and sharing the process of art making, to what extent can aesthetic, cultural, and social issues and concerns expressed by artists be interpreted by local residents? These are the main issues addressed in this essay. 1 The artistic and aesthetic education provided in the community gradually opened up a dialogue not only between foreign artists as guests and Japanese spectators as hosts, but also between art and people, culture and culture, and people and people within the local community. Outline of the Project The Cultural Exchange House, situated in Yamaguchi prefecture, has accommodated about forty artists-in-residence from abroad for over ten years. The forty artists who have stayed there include painters, potters, sculptors, photographers, pianists, musicians, composers, poets, and writers. Artists are responsible for their travel and living expenses. The use of the house is provided without charge and the needs of the artists are met by volunteers. About half of the artists have been German and the rest from Britain, Belgium, United States, Holland, and Australia. Male and female artists have been nearly equally represented.Beginning with three, there are now sixteen volunteers who felt that the creation of a cultural environment, or more specifically the creation of access to the world of art was important for the community. They saw the need for the local community to provide children and adults with aesthetic experiences that could enrich their internal and external worlds. Increasing numbers of children were leaving the community to attend schools and get jobs, with little possibility of returning. The volunteers felt that one of their roles was to educate children and their parents so that they could encounter values different from their own, develop self-confidence, and take pride in the local community which had such cultural opportunities. They assumed that art could open people's minds to the world outside their existing cultural framework, and that it would be valuable to have artists from the outside world as their neighbors and friends. [End Page 114] Benefits of the Project There are already extensive formal grants available to foreign artists in cities such as Tokyo, Nagoya, and Osaka. However, the people who came to Yamaguchi said that they were especially attracted to life in a rural community; they hoped to experience the "real life" of the Japanese. Since the projectcould offer no grants for travel and other daily expenses, the communitydecided that they had little hope of attracting well-known artists. Instead, they invited younger lesser-known artists with potential, who did not mind the limited conditions and who welcomed a new cultural experience which might stimulate or broaden their approach to art. The contract stated that the artists should participate in cultural exchange programs, such as visiting schools and community centers to hold art workshops, and also, at the end of their stay, to share their experiences of the residency in the form of an exhibition or a concert. The degree to which this contract was kept varied. In general, the artists fulfilled the local people's expectations by holding workshops with children and adults, and did not mind having concerts in the town gymnasium or exhibitions at the community center. Foreign artists had an opportunity to reflect in a quiet environment and further their art. They were also stimulated by the encounter with the culture and people, and felt at home in the Cultural Exchange House.The house is relatively large with more than ten rooms; a dining room,kitchen, toilet, an outside bathroom, a separate studio space, and a... (shrink)

ニヒリズムの輻輳した歴史性を主題化するにあたり著者は、ハイデッガーの「存在歴史的思惟」を手がかりとしつつ、仏教の問題境域において「始源的なもの」がどのように追究されてきたかを論じる。そして“布施”の考 察を通して、仏教の伝統のなかに現代世界の閉塞状況を打破する新たな「自己」の成立が、いま明らかにされる。現代のニヒリズムを解明し、ニヒリズムを引き受けニヒリズムを生き抜く、宗教哲学的思索の書。.

「論理」と「合理性」は文化が作る。日・米・仏・イランの思考表現スタイルからその原理を読み解く。.

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 37.4 (2003) 114-121 [Access article in PDF] Art as Part of Daily Life - A Cross-cultural Dialogue between Art and People If encounters with art and artists become part of daily life in a small rural community, and if aesthetic experiences are perceived by its local residents as part of their daily lives, what kinds of humanistic, cultural, and social change take place in (...) the community and in the people involved? By living together in a residential community, and by showing and sharing the process of art making, to what extent can aesthetic, cultural, and social issues and concerns expressed by artists be interpreted by local residents? These are the main issues addressed in this essay. 1 The artistic and aesthetic education provided in the community gradually opened up a dialogue not only between foreign artists as guests and Japanese spectators as hosts, but also between art and people, culture and culture, and people and people within the local community. Outline of the Project The Cultural Exchange House, situated in Yamaguchi prefecture, has accommodated about forty artists-in-residence from abroad for over ten years. The forty artists who have stayed there include painters, potters, sculptors, photographers, pianists, musicians, composers, poets, and writers. Artists are responsible for their travel and living expenses. The use of the house is provided without charge and the needs of the artists are met by volunteers. About half of the artists have been German and the rest from Britain, Belgium, United States, Holland, and Australia. Male and female artists have been nearly equally represented.Beginning with three, there are now sixteen volunteers who felt that the creation of a cultural environment, or more specifically the creation of access to the world of art was important for the community. They saw the need for the local community to provide children and adults with aesthetic experiences that could enrich their internal and external worlds. Increasing numbers of children were leaving the community to attend schools and get jobs, with little possibility of returning. The volunteers felt that one of their roles was to educate children and their parents so that they could encounter values different from their own, develop self-confidence, and take pride in the local community which had such cultural opportunities. They assumed that art could open people's minds to the world outside their existing cultural framework, and that it would be valuable to have artists from the outside world as their neighbors and friends. [End Page 114] Benefits of the Project There are already extensive formal grants available to foreign artists in cities such as Tokyo, Nagoya, and Osaka. However, the people who came to Yamaguchi said that they were especially attracted to life in a rural community; they hoped to experience the "real life" of the Japanese. Since the projectcould offer no grants for travel and other daily expenses, the communitydecided that they had little hope of attracting well-known artists. Instead, they invited younger lesser-known artists with potential, who did not mind the limited conditions and who welcomed a new cultural experience which might stimulate or broaden their approach to art. The contract stated that the artists should participate in cultural exchange programs, such as visiting schools and community centers to hold art workshops, and also, at the end of their stay, to share their experiences of the residency in the form of an exhibition or a concert. The degree to which this contract was kept varied. In general, the artists fulfilled the local people's expectations by holding workshops with children and adults, and did not mind having concerts in the town gymnasium or exhibitions at the community center. Foreign artists had an opportunity to reflect in a quiet environment and further their art. They were also stimulated by the encounter with the culture and people, and felt at home in the Cultural Exchange House.The house is relatively large with more than ten rooms; a dining room,kitchen, toilet, an outside bathroom, a separate studio space, and a... (shrink)

This paper discusses how to refine a given initial legal ontology using an existing MRD (Machine-Readable Dictionary). There are two hard issues in the refinement process. One is to find out those MRD concepts most related to given legal concepts. The other is to correct bugs in a given legal ontology, using the concepts extracted from an MRD. In order to resolve the issues, we present a method to find out the best MRD correspondences to given legal concepts, using two (...) match algorithms. Moreover, another method called a static analysis is given to refine a given legal ontology, based on the comparison between the initial legal ontology and the best MRD correspondences to given legal concepts. We have implemented a software environment to help a user refine a given legal ontology based on these methods. The empirical results have shown that the environment works well in the field of Contracts for the International Sale of Goods. (shrink)

日本伝統の精神文化を考察しつつ、現代におけるそのありようを模索する興味深い論考.

日本を代表する「思考の達人」“Meisterdenker”たちは如何にして、明治維新以降、輸入品ではない、日本固有の思考法・方法論を創りだしたのか?続々重版の大好評、入門講義シリーズ。日本に学問として の「哲学」を定着させるうえで決定的な役割を果たした西田幾多郎『善の研究』と日本的な「倫理学」の方法論を開拓したとされる和辻哲郎『人間の学としての倫理学』を熟読し、日本人の深層に在る思想を探る。.

「社会はより良くなる」という「進歩」の理想が失われ、右も左もいまや弱体化している―。200余年にわたるその過程を描き、地球規模の「正義」でなく、自らの現場から始める「ミニマルな正義」を推奨する、この時 代の正義論。.

プラトン以降の西欧哲学・思想史において、“すぐれた哲学・思想”と思われているものが、いかに擬似宗教化の危険性と隣り合わせにありそのことが哲学者・思想家によってどのように問題化され、論じられてきたのか。 本書では、現代思想に特に強い影響を与えたハイデガー、アーレント、デリダなどの論考をてがかりに、思想史の概観を試みる。新興宗教体験を持つ著者だからこそ、現代日本の思想業界に、“生き生きとしたラディカルな 思想”を中心とした「真の共同体」を求めるかのような、擬似宗教化の風潮が生じていることが分かるのである。.

In this study, we analyzed the relationship between confirmation bias, which causes people to preferentially view information that supports their opinions and beliefs, and web search behavior. In an online user study, we controlled confirmation bias by presenting prior information to participants that manipulated their impressions of health search topics and analyzed their behavioral logs during web search tasks. We found that web search users with poor health literacy and negative prior beliefs about the health search topic did not spend (...) time examining the list of web search results, and these users demonstrated bias in webpage selection. In contrast, web search users with high health literacy and negative prior beliefs about the search topic spent more time examining the list of web search results. In addition, these users attempted to browse webpages that present different opinions. No significant difference in web search behavior was observed between users with positive prior beliefs about the search topic and those with neutral belief. (shrink)

Abstract:Many scientists argue that the world is becoming increasingly dominated by human activity, much to the detriment of the natural world. In what scholars have dubbed the Anthropocene, the current geological epoch during which time human activity has been the dominating force over climate and the environment, many questions of environmental ethics have arisen. Who does the earth belong to? What is the relationship between humans and the environment? What is the moral standing of non-human life? Locke and Rousseau provide (...) varying answers to these questions, which are central to discussions of environmental ethics. In many ways, Locke and Rousseau's answers are opposed to each other, suggesting a differing world view when it comes to environmental ethics. Locke's understanding of environmental ethics seems to dominate, and perhaps even cause, the onset of the Anthropocene, but Rousseau's response, and a potential turn toward his understanding of environmental ethics marks an ideological shift in the way that humans understand their relationship with the world around them. This paper argues that the writings of Locke and Rousseau correspond to different stages of the Anthropocene with significant effects on both environmental ethics and environmental governance and policy. (shrink)

Background Destination therapy is the permanent implantation of a left ventricular assist device in patients with end-stage, severe heart failure who are ineligible for heart transplantation. DT improves both the quality of life and prognosis of patients with end-stage heart failure. However, there are also downsides to DT such as life-threatening complications and the potential for the patient to live beyond their desired length of life following such major complications. Because of deeply ingrained cultural and religious beliefs regarding death and (...) the sanctity of life, Japanese society may not be ready to make changes needed to enable patients to have LVADs deactivated under certain circumstances to avoid needless suffering. Main text Western ethical views that permit LVAD deactivation based mainly on respect for autonomy and dignity have not been accepted thus far in Japan and are unlikely to be accepted, given the current Japanese culture and traditional values. Some healthcare professionals might regard patients as ineligible for DT unless they have prepared advance directives. If this were to happen, the right to prepare an advance directive would instead become an obligation to do so. Furthermore, patient selection for DT poses another ethical issue. Given the predominant sanctity of life principle and lack of cost-consciousness regarding medical expenses, medically appropriate exclusion criteria would be ignored and DT could be applied to various patients, including very old patients, the demented, or even patients in persistent vegetative states, through on-site judgment. Conclusion There is an urgent need for Japan to establish and enact a basic act for patient rights. The act should include: respect for a patient’s right to self-determination; the right to refuse unwanted treatment; the right to prepare legally binding advance directives; the right to decline to prepare such directives; and access to nationally insured healthcare. It should enable those concerned with patient care involving DT to seek ethical advice from ethics committees. Furthermore, it should state that healthcare professionals involved in the discontinuation of life support in a proper manner are immune to any legal action and that they have the right to conscientiously object to LVAD deactivation. (shrink)

This paper focuses on how human complex imitation and its developmental processes are related to the abilities for action representation, acquisition of symbols, and language. After overviewing the characteristics of imitation in chimpanzees and humans, I propose a model of imitation emphasizing how these two species differ in the ways they process visual-motor information. These differences may in turn contribute to core interspecies differences in higher-order cognitive functions, not only for bodily imitation but for action understanding through complex referential information (...) from faces, sharing symbols, and language. This ‘developmental-comparative’ approach reveals the development of species-specific intelligences, and shows what is shared and not shared between humans and other primates. In doing so, we can obtain a more complete understanding of the emergence of the ‘language-ready brain’ in relation to its biological and evolutionary foundations. (shrink)

This paper engages with a specific problem concerning the relationship between descriptive and normative claims. Namely, if we understand that descriptive claims frequently contain normative assertions, and vice versa, how then do we interpret the traditionally rigid distinction that is made between the two, as ’Hume’s law’ or Moore’s ’naturalistic fallacy’ argument offered. In particular, Kripke’s interpretation of Wittgenstein’s ’rule-following paradox’ is specially focused upon in order to re-consider the rigid distinction. As such, the paper argues that if descriptive and (...) normative claims are not mutually exclusive, then we need a new framework with which to understand this relationship. In this regard, the paper borrows from concerns with vagueness, particularly using a degree-theoretic approach in terms of subjective probability, in an attempt to graphically figure out these differences. Consequently, the paper tentatively proposes the hyperbola model in which degrees of normativity and degrees of descriptivity could be expressed and measured. It is hoped, as a result, that this tentative proposal will contribute to deepening the debate on vagueness in general. (shrink)