How can tort law be justified? There are well-known difficulties with the three traditional theories of tort law dominating the literature (namely, economic theory, corrective justice theory, and civil recourse theory). Recently, some have turned to moral contractualism in search of tort law’s foundation. One of the most prominent attempts was made by Gregory Keating. Keating’s account, however, has been subjected to powerful objections. In a recent paper, John Oberdiek, through a sympathetic critique of Keating’s account, develops a new version (...) of contractualist tort theory that is alleged to be at once superior to the three traditional theories of tort law and immune to the objections to Keating’s account. The aim of my paper is to critically assess Oberdiek’s account; I will argue that, while Oberdiek’s account does improve upon Keating’s in some important respects, it is ultimately unsatisfactory. (shrink)

Andrew von Hirsch and Andrew Ashworth recently argued that there is generally a reason to punish a socially deprived offender less than his non-deprived counterpart (ie someone who is not socially deprived but is otherwise similar to the deprived offender in that he committed the same crime, caused the same harm, with the same degree of foresight, etc), because deprived offenders generally face stronger temptations to offend than their non-deprived counterparts. In reply, I will argue that we should draw a (...) distinction between (i) facing stronger temptations to offend when one offended and (ii) acting on stronger temptations in offending. The distinction is analogous to Antony Duff’s distinction between having a reason for an action and acting on/for that reason. After drawing the distinction, I will argue that while acting on stronger temptations in offending should be a mitigating factor, facing stronger temptations to offend per se should not be a mitigating factor. Moreover, I will argue that since it is not true that deprived offenders generally act on stronger temptations in offending, social deprivation cannot be defended as a general mitigating plea on the basis that deprived offenders generally act on stronger temptations in offending. (shrink)

Duff offered an argument for the conclusion that just or legitimate punishment of socially deprived offenders in our unjust society is impossible. One of the claims in his argument is that our courts have the standing to blame an offender only if our polity has the right to do so since our courts are acting as the representatives of, or to use the exact phrases by Duff, “in the name of”, or “on behalf of”, the whole polity. In this paper (...) I will challenge that claim. I will argue that the courts can be seen as acting, not on behalf of the whole polity, but only on behalf of a subset of its citizens, namely, the just citizens (i.e. the citizens who cannot be seen to have wronged the deprived offenders). (shrink)

By using multilevel mediation involving 322,589 posts made by 384 musicians over 104 weeks, we simultaneously analyze the short-term and long-term effects of charity-related signaling on sales, with social media engagement as the mediator. Specifically, we compare the effects of charity-related signals with those of two other types of signals: mission-related (i.e., promoting music and commercial products) and non-mission-related (i.e., other posts that do not relate to the other two categories). In the short term, the indirect effect of using charity (...) signaling on sales (through engagement) is positive, though smaller than the effects of mission-related and non-mission related signals. However, in the long term, the indirect effect of regularly using charity-related signaling on sales (through long-term engagement) is greater than for the effects involving the other types of signals. We derive from these findings three main implications for the business ethics literature. First, in the long term, the mutual economic benefits of charity signaling should encourage both entities (i.e., musicians and charities) to go beyond short-term, transactional philanthropy. Second, because it is profitable for musicians to partner with charities in the long-term, our research argues that charities have extensive bargaining power in such co-branding decisions. Third, our research highlights the importance of studying the longitudinal aspects of co-branding decisions involving non-profit organizations; the financial outlook of such decisions could greatly vary depending on the timeframe (i.e., short vs. long). (shrink)

Trust is a key component in delivering quality and respectful care within health care systems. However, a growing lack of confidence in health care, particularly among specific subgroups of the population in the United States, could further widen health disparities. In this essay, we explore one approach to building trust and reaching diverse communities to promote health: engaging community‐based organizations (CBOs) as trusted community messengers. We present case studies of partnerships in health promotion, community education, and outreach that showcase how (...) CBOs’ programs build and leverage trust in health care systems through their workforce, services, and engagement with the community. (shrink)

Since their introduction in the early 2000s, the use of social networking websites has exploded. Many businesses are seeing increased revenue due to their social commerce strategy. Despite the popularity of social commerce websites, some consumers are still hesitate to use them. This study aims to evaluate the factors that influence the adoption of social commerce. A sample of 721 Chinese We Chat users took part in the research. The findings reveal that social capital mediates the positive effect of social (...) commerce adoption and perceived ease of use on techno-stress and online impulse purchasing. Likewise, information overloading mediates the positive effect of social commerce adoption and PERU on techno-stress and online impulse purchasing. The findings have implications for both practice and research in understanding social commerce adoption in emerging economies. (shrink)

No research thus far has attempted to examine ethical decision- making in corporate entrepreneurial organizations. Results of such study would provide management executives with insights on what action, if any, is essential for achieving business ethics and corporate entrepreneurship simultaneously. This paper argues, theoretically, that the work characteristics, organizational characteristics, and some individual characteristics in a corporate entrepreneurial organization are conducive to ethical decisions. These characteristics help mitigate the adverse impact of the turbulent environments on ethical decision- making behavior. Based (...) on these arguments, a tentative model of ethical decison-making in corporate entrepreneurial organization is constructed. (shrink)

Because of the importance of Confucian doctrines in shaping ethical business practices under Chinese leadership, revealing the roles of other Chinese ethical doctrines in modern Chinese leadership is informative. A thorough understanding of the ethical foundations of Chinese leadership is necessary for fruitful interaction with Chinese leaders, according to cultural fit theory. The present study illustrates the philosophical foundations of business management, based on dialogues with five eminent corporate executive officers (CEOs). It reveals that the CEOs practice a style of (...) Chinese leadership synthesizing Confucian, Daoist, Mohist, and Legalist doctrines. The Confucian doctrines advocate benevolence, harmony, learning, loyalty, righteousness, and humility. They are the most prevalent tenets that support paternalism and collectivism. The Daoist doctrines emphasize flexibility and reversion (e.g., the principle that the weak can defeat the strong). They bolster the leader’s forbearance. The Mohist doctrines underpin thrift and working with the masses whereas the Legalist doctrines inculcate self-control and innovativeness. Hence, contemporary Chinese leadership does not rely exclusively on Confucian ethics and this reflects evolution over 1000s of years. (shrink)

Because of the importance of Confucian doctrines in shaping ethical business practices under Chinese leadership, revealing the roles of other Chinese ethical doctrines in modern Chinese leadership is informative. A thorough understanding of the ethical foundations of Chinese leadership is necessary for fruitful interaction with Chinese leaders, according to cultural fit theory. The present study illustrates the philosophical foundations of business management, based on dialogues with five eminent corporate executive officers. It reveals that the CEOs practice a style of Chinese (...) leadership synthesizing Confucian, Daoist, Mohist, and Legalist doctrines. The Confucian doctrines advocate benevolence, harmony, learning, loyalty, righteousness, and humility. They are the most prevalent tenets that support paternalism and collectivism. The Daoist doctrines emphasize flexibility and reversion. They bolster the leader's forbearance. The Mohist doctrines underpin thrift and working with the masses whereas the Legalist doctrines inculcate self-control and innovativeness. Hence, contemporary Chinese leadership does not rely exclusively on Confucian ethics and this reflects evolution over 1000s of years. (shrink)

Pride expressions draw attention to one’s achievement, and therefore can enhance one’s status. However, such attention has been linked to negative interpersonal consequences (i.e. envy). Fortunately, people have been found to regulate their pride expressions accordingly. Specifically, pride expressions are lower when the domain of the achievement is of high relevance to observers. We set out to replicate this effect in a non-Western sample. Additionally, we extended the current finding by investigating the moderating role of self-monitoring, an individual’s ability and (...) willingness to adjust their behaviours under different social contexts to cultivate status. This allows us to explore the previously assumed underlying status motive in regulating pride expressions. Data from two preregistered studies (N1 = 913; N2 = 1081) replicated the effect that pride expressions are inhibited when the achievement domain is relevant. A significant main effect of self-monitoring was found, such that high self-monitors express more pride than low self-monitors, consistent with the conceptualisation of self-monitoring as rooted within a status-enhancement motive. The assumed interaction effect between domain relevance and self-monitoring was not significant. Our findings suggest that the effect of domain relevance on pride expression is robust and status driven. (shrink)

This book examines the relationship between law and scientific advancement, with a particular focus on the theory of evolution and medical innovation. Historically, the law has struggled to keep pace with modern medical advances. The authors demonstrate that the laws that govern human behaviour must evolve in response to such advances."--Provided by publisher.

The value-free ideal for science prohibits noncognitive values from influencing the practice of science. After all, a scientist should not reject an empirical theory on religious grounds. But while motivated by reasonable concerns, VFI overlooks legitimate roles for noncognitive values in science. Contra VFI, Hugh Lacey explains that noncognitive values can promote scientific aims by grounding new methodologies that may lead to novel theories and extend to new domains. Yet, Lacey agrees with one aspect of VFI: noncognitive values should not (...) serve as grounds in the empirical evaluation of theories. This has led some critics to misidentify his view merely as an updated version of VFI. I argue that views of the kind Lacey endorses, which I call Dialectical Empiricism, deserve further investigation. They capture what VFI gets right; but they also show that noncognitive values are essential to good science. Throughout the dissertation I explore variants of DE, demonstrating its potential and flexibility. Furthermore, I defend DE against its critics, especially those who mistake it for a version of VFI. In stark opposition to VFI, DE reveals how the illusion of value-freedom sometimes blinds us to promising alternatives to mainstream scientific approaches. I demonstrate this by applying the framework of DE to contemporary research in agricultural and nutritional science. These case studies show that noncognitive values really do influence scientific practices. And, most importantly, they demonstrate how embracing a value-laden view of science can open our eyes to promising alternative approaches that may have the potential to increase our knowledge of the world and of possibilities for human flourishing. (shrink)

The traditional soft set is a mapping from a parameter set to family of all crisp subsets of a universe. Molodtsov introduced the soft set as a generalized tool for modelling complex systems involving uncertain or not clearly defined objects. In this paper, the notion of neutrosophic soft set is reanalysed. The novel theory is a combination of neutrosophic set theory and soft set theory. The complement, “and”, “or”, intersection and union operations are defined on the neutrosophic soft sets. The (...) neutrosophic soft relations accompanied with their compositions are also defined. The basic properties of the neutrosophic soft sets, neutrosophic soft relations and neutrosophic soft compositions are also discussed. (shrink)

This essay examines the theological method employed by Newman in An Essay on the Development of Christian Doctrine by considering its objective content and subjective methodology. The objective content concerns the principles of authentic development of doctrine that culminated in his identification of Roman Catholicism as the true Apostolic Church. The subjective methodology consists of his heuristic application of the notes that guided him to the attainment of certitude. Newman’s Essay on Development thus resulted in his conviction in the overpowering (...) vision of truth in the Roman claim in which ecclesial faith is experienced as simultaneously wholly objective and wholly personal. (shrink)

This essay examines the theological method employed by Newman in An Essay on the Development of Christian Doctrine by considering its objective content and subjective methodology. The objective content concerns the principles of authentic development of doctrine that culminated in his identification of Roman Catholicism as the true Apostolic Church. The subjective methodology consists of his heuristic application of the notes that guided him to the attainment of certitude. Newman’s Essay on Development thus resulted in his conviction in the overpowering (...) vision of truth in the Roman claim in which ecclesial faith is experienced as simultaneously wholly objective and wholly personal. (shrink)

This article engages the conversation between Sarah Coakley, Daphne Hampson, and Aristotle Papanikolaou on the appropriateness of kenosis as a theological trope for women and deeply oppressed and vulnerable others. It affirms Coakley's and Papanikolaou's stance, which maintains that kenosis is a necessary or at least distinctively valuable category in Christian theology for understanding the transformation and redemption of all persons. The paper expands on Papanikolaou's analysis of the kenosis involved in the healing and recovery of personhood, arguing that the (...) “emptying of fear” reaches the fullness of self‐giving love in the scandalous act of forgiveness. (shrink)

In this paper, I will critically assess the expressive justification of punishment recently offered by Christopher Bennett in The Apology Ritual and a number of papers. I will first draw a distinction between three conceptions of expression: communicative, motivational, and symbolic. After briefly demonstrating the difficulties of using the first two conceptions of expression to ground punishment and showing that Bennett does not ultimately rely on those two conceptions, I argue that Bennett’s account does not succeed because he fails to (...) establish the following claims: punishment is the only symbolically adequate response to a wrongdoing; and punishment is permissible if it is the only symbolically adequate response to a wrongdoing. (shrink)

The benefit-fairness theory of punishment, which is one of the most prominent retributive justifications of punishment, appeals to some benefits received by an offender in explaining why it is fair to impose punitive burdens on him. However, many see the two traditional versions of the theory, found in the works by writers such as Herbert Morris, Jeffrie Murphy, and George Sher, as being susceptible to fatal objections. In a recent paper, “Fairness, Political Obligation, and Punishment,” Zachary Hoskins offers a new (...) version of the benefit-fairness theory of punishment. I will highlight his original contribution by showing how his version of the benefit-fairness theory of punishment is different from the traditional versions in such a way that the main objections applying to the traditional versions do not apply to his account. Nonetheless, despite its many virtues, I will argue that Hoskins’s theory fails because it would entail disproportionate punishment. (shrink)

In the early 1990s, the Commonwealth reformed its political structure to allow interference in domestic affairs of member states. This article examines whether such an institutional transformation has helped the organization to fulfil its purpose to work in the common interests of member countries and of their people. The article demonstrates that, while, as a consequence of post-Cold War globalization, concerns about the Commonwealth's political credibility and public perception have relaxed Commonwealth leaders' reluctance to accept legally binding norms of the (...) organization, strong resistance to Commonwealth interference in internal affairs exists among developing member states. It is argued that, because the new Commonwealth political structure lacks legitimacy and is contrary to the real interests of the majority of members, institutionalizing the Commonwealth has not contributed to the formation of a collective identity among Commonwealth members and to the resolution of the problem of inequality within and without the organization. (shrink)

This article examines whether bad upbringing affects just or deserved punishment. There are two possible rationales for this claim. First,...

This article has explored the impact of coronavirus disease 2019 -induced decline in consumer durables and mobility on nitrogen dioxide emission in Europe by providing empirical and graphical justifications based on consumer price index and gross domestic product deflator indexes. The empirical estimations show that carbon dioxide and NOx emission along with other greenhouse gases drastically decreased in the wake of COVID-19-induced lockdowns and decrease in the demand of consumer goods in Europe. This means that COVID-19 improved environment in the (...) European region. However, high cost makes COVID-19 an unstable solution to environmental woes where positive impact of COVID-19 on environment achieved in short run cannot be guaranteed in the long run. Besides environment, COVID-19 drastically curtailed economic activities and exposed them to the risk of economic crisis particularly in case of Europe. (shrink)

Religious conversion is a phenomenon that has frequently occurred in human history. As part of religious life, religious conversion reflects fluctuations and changes in social existence, especially changes in the economic, cultural, social, religious factors and one‟s own subjective religious convictions. Religious conversions are taking place in the ethnic communities in Southern Vietnam, but in a context that is space and time specific. So the process of evolution, the nature, dynamics and characteristics of the case of religious conversion here is (...) different and unique. Currently, the study of religious conversion in Vietnam in general and the South in particular, is modest. There have not been many studies regarding case specific religious conversion of people and no studies have done a full assessment of the nature and characteristics of religious conversion on social life in Southern Vietnam as well as forecasted the evolution and impact of the same. This article is intended to present and describe three cases of religious conversion in the south of Vietnam. These are the conversion to Protestantism of ethnic communities Khmer. (shrink)

We prove a definable analogue to Brouwer's Fixed Point Theorem for o-minimal structures of real closed field expansions: A continuous definable function mapping from the unit simplex into itself admits a fixed point, even though the underlying space is not necessarily topologically complete. Our proof is direct and elementary; it uses a triangulation technique for o-minimal functions, with an application of Sperner's Lemma.

We prove in recursive analysis an existence theorem for computable minimizers of convex computable continuous real-valued functions, and a computable separation theorem for convex sets in ℝm.

The main purpose of this study is to explore and map the intellectual structure of business ethics studies during 1997–2006 by analyzing 85,000 cited references of 3,059 articles from three business ethics related journals in SSCI and SCI databases. In this article, co-citation analysis and social network analysis techniques are used to research intellectual structure of the business ethics literature. We are able to identify the important publications and the influential scholars as well as the correlations among these publications by (...) analyzing citation and co-citation. Three factors emerged in this study are: (1) ethical/unethical decision making, (2) corporate governance and firm performance, and (3) ethical principles and code of conduct. (shrink)

This study contributes to existing research on polymedia by probing into what we call academic polymedia, investigating the constant availability of interpersonal, professional, and social media for constructing scholarly personas. Drawing on the technobiographical narratives of a group of Hong Kong bilingual academics, we analyze academics’ perceptions of their media choices as situated in their professional polymedia environments. In particular, we examine how choices between public and private media shape academic persona development, and the way polymedia engagement impacts the participants’ (...) language choice for academic purposes. This study sheds light on existing research on workplace discourse and identity in sociolinguistics by offering a polymedia dimension that draws on people’s media ideology in developing their professional identities. (shrink)

This article argues against the case for regarding bodies and parts of bodies to be property. It claims that doing so assumes an individualistic conception of the body. It fails to acknowledge that our bodies are made up of non-human material; are unbounded; constantly changing and deeply interconnected with other bodies. It also argues that holding that our bodies are property does not recognise the fact that we have different attitudes towards different parts of our removed bodies and the contexts (...) of their removal. The appropriate legal reform should, therefore, be to produce a statute which can provide a balance between the competing personal, social and interpersonal interests in different body parts. (shrink)

The aim of this study is to gain an understanding of why employees misuse information systems resources in the workplace. Rather than consider “intention,” as existing behavioral research commonly does, this study investigates actual behavior and employs IS resource misuse as the dependent variable. Data from a web-based survey are analyzed using the partial least squares approach. In light of the dual-process approach and the theory of planned behavior, the findings suggest that IS resource misuse may be both an intentional (...) type of behavior and an unreasoned action. Perceived behavioral control influences employees’ IS resource misuse actions via their desires or intentions, whereas attitude toward such misuse affects these actions via employees’ desires alone. Subjective norm is found not to affect employees’ IS resource misuse via either desires or intentions. In terms of its theoretical contribution, this study considers unethical behavior in information systems by incorporating a dual-process model and the theory of planned behavior. With regard to its managerial significance, the study’s results will help managers to better understand why employees commit IS resource misuse within organizations. (shrink)

Ecological innovation is an inevitable trend for firms to enhance competitiveness and sustainably operate in the context of green economy. The previous literature has rarely discussed the influence of ambidextrous learning on the eco-innovation performance of startups and ignored the moderating effect of top management’s environmental awareness from the perspective of microscopic psychology. We have conducted a questionnaire survey on 212 firms established within 4 years in the Pearl River Delta of China, using the structure mode and the PROCESS by (...) Hayes (2013) to analyze the influence of ambidextrous learning, such as exploratory learning and exploitative learning, by startups on eco-innovation performance and verify the moderating effect of top management’s environmental awareness. The results show that: exploratory learning and exploitative learning have a positive and significant influence on eco-innovation performance, indicating that the organizational learning of startups is conducive to improving eco-innovation performance; under the moderating effect of top management’s environmental awareness, the influence of exploratory learning and exploitative learning on eco-innovation performance may differ. The results also show that in the process of organizing ambidextrous learning, startups should help raise the environmental awareness of top management to improve the eco-innovation performance, thus providing guidance for startups to carry out eco-innovation activities and for local governments to make decisions on green economy. (shrink)

The main purpose of this study is to explore and map the intellectual structure of business ethics studies during 1997–2006 by analyzing 85,000 cited references of 3,059 articles from three business ethics related journals in SSCI and SCI databases. In this article, co-citation analysis and social network analysis techniques are used to research intellectual structure of the business ethics literature. We are able to identify the important publications and the influential scholars as well as the correlations among these publications by (...) analyzing citation and co-citation. Three factors emerged in this study are: (1) ethical/unethical decision making, (2) corporate governance and firm performance, and (3) ethical principles and code of conduct. (shrink)

Brain-computer interfaces (BCIs) are being investigated as an access pathway to communication for individuals with physical disabilities, as the technology obviates the need for voluntary motor control. However, to date, minimal research has investigated the use of BCIs for children. Traditional BCI communication paradigms may be suboptimal given that children with physical disabilities may face delays in cognitive development and acquisition of literacy skills. Instead, in this study we explored emotional state as an alternative access pathway to communication. We developed (...) a pediatric BCI to identify positive and negative emotional states from changes in hemodynamic activity of the prefrontal cortex (PFC). To train and test the BCI, 10 neurotypical children aged 8–14 underwent a series of emotion-induction trials over four experimental sessions (one offline, three online) while their brain activity was measured with functional near-infrared spectroscopy (fNIRS). Visual neurofeedback was used to assist participants in regulating their emotional states and modulating their hemodynamic activity in response to the affective stimuli. Child-specific linear discriminant classifiers were trained on cumulatively available data from previous sessions and adaptively updated throughout each session. Average online valence classification exceeded chance across participants by the last two online sessions (with 7 and 8 of the 10 participants performing better than chance, respectively, in Sessions 3 and 4). There was a small significant positive correlation with online BCI performance and age, suggesting older participants were more successful at regulating their emotional state and/or brain activity. Variability was seen across participants in regards to BCI performance, hemodynamic response, and discriminatory features and channels. Retrospective offline analyses yielded accuracies comparable to those reported in adult affective BCI studies using fNIRS. Affective fNIRS-BCIs appear to be feasible for school-aged children, but to further gauge the practical potential of this type of BCI, replication with more training sessions, larger sample sizes, and end-users with disabilities is necessary. (shrink)