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)

This paper reports on the long-term effectiveness of a non-formal co-curricular educational program based on a campus ecogarden at a Hong Kong university in developing pro-sustainability awareness, attitudes and behavior among undergraduate students. This service-based, nature-based experiential learning program, termed the Ecogarden Farmer and Biodiversity Surveyor, has been running at the university since 2015. The program is divided into two consecutive phases: a training phase comprising various learning activities and a successive internship phase consisting of the all-round practical tasks involved (...) in managing the garden. A retrospective evaluation of the program using phenomenographic approach and content analysis was adopted to reveal the diversity of students’ learning experience, as the indicators of the success of the program. Of 112 participants from 4 cohorts, 32 completed online questionnaires, and semi-structured interviews were successfully conducted with twelve participants, three from each of the four cohorts. The results indicated that the program’s outcomes could be categorized into five themes. Most outcomes fit into the theme ‘an increase in knowledge and skill level,’ followed by ‘rise in environmental awareness,’‘facilitation of personal growth,’ and ‘enhancement of career development.’ Many structural experiences revealed may suggest the success of the program. The longer the participants had participated in the program, the more in-depth and diversified reflection of the senior participants relating to personal development were mentioned. This study provides critical insights into the validity of retrospective program evaluation for assessing the long-term impact of EfS programs by introducing a cross-sectional study of different cohorts as a serial time-point sampling strategy. (shrink)

The coronavirus disease pandemic fundamentally disrupted humans’ social life and behavior. Public health measures may have inadvertently impacted how people care for each other. This study investigated prosocial behavior, its association well-being, and predictors of prosocial behavior during the first COVID-19 pandemic lockdown and sought to understand whether region-specific differences exist. Participants from eight regions clustering multiple countries around the world responded to a cross-sectional online-survey investigating the psychological consequences of the first upsurge of lockdowns in spring 2020. Prosocial behavior (...) was reported to occur frequently. Multiple regression analyses showed that prosocial behavior was associated with better well-being consistently across regions. With regard to predictors of prosocial behavior, high levels of perceived social support were most strongly associated with prosocial behavior, followed by high levels of perceived stress, positive affect and psychological flexibility. Sociodemographic and psychosocial predictors of prosocial behavior were similar across regions. (shrink)

Dialectical thinking refers to a constellation of beliefs that consist of expectation of change, tolerance of contradiction, and holism. The current research explored whether dialectical thinking would affect people’s anticipation of climate change, which has been propagated globally. Study 1 compared the responses between Chinese participants, representing people from cultures that promote dialectical thinking, and North American participants, representing people from cultures that promote linear thinking. The results showed that Chinese participants demonstrated a stronger non-linear pattern regarding the anticipation of (...) climate change as compared with American participants, in which Chinese participants were more likely to anticipate a stable trend but less likely to anticipate an increasing trend for global warming. Study 2 with a manipulation of dialectical and linear thinking was conducted and provided some generally supportive evidence for the causal relation between dialectical beliefs and the anticipation of climate change. Implications for cross-cultural environmental research and international climate change education programs were discussed. (shrink)

The perception of the relationship between humans and nature is important for promoting not only pro-environmental behaviors but also psychological well-being. The present research explored how people’s self-construal would moderate the relationship between the need to belong, the desire for social acceptance and connectedness and perceived nature relatedness. Two studies using community samples with diverse demographic characteristics in two different cultures obtained consistent findings. The results showed that independent self-construal, which emphasizes separateness from others in the social contexts, moderated the (...) relationship between the need to belong and nature relatedness. Specifically, the need to belong was negatively associated with nature relatedness among people with a stronger independent self-construal, while this pattern was not significant among those with a weaker independent self-construal. No evidence for the moderating role of interdependent self-construal was found in the two studies. These findings highlighted the importance of non-nature experience in understanding people’s perception of human–nature relationships. (shrink)

Background Care homes have been disproportionately affected during the COVID-19 pandemic. Practical challenges of enacting infection control measures in care home settings have been widely reported, but little is known about the ethical concerns of care home staff during the implementation of such measures.. Objectives To understand the ethical challenges perceived by care home staff during the early months of the COVID-19 pandemic. Research design An exploratory qualitative study. Participants and research context A purposive sample of 15 care home staff (...) in different roles and ranks in Hong Kong was recruited to take part in semi-structured interviews between June and August 2020. Ethical considerations Ethical approval for this study was obtained. Participation was voluntary and anonymous. Participants had the right to withdraw from the study at any time without reprisal. Findings Three themes were identified: unclear legitimacy regarding infection control measures, limited autonomy in choices over infection control measures and inevitable harms to residents’ well-being. While the participants expected that they would have legitimated power to implement infection control measures, they were resistant when their right to self-determination of testing and vaccination was infringed. They also felt trapped between ethical duties to protect care home residents from infection risk and the anticipated detrimental effects of infection control measures. Conclusions The findings of this study reveal tensions among the ethical obligations of care home staff in response to a public health emergency. They highlight the importance of strengthening ethical sensitivity and ethical leadership in identifying and resolving the challenges of pandemic responses. (shrink)

This article examines the notorious mid-nineteenth-century American trial of Amelia Norman, who was acquitted - very much against the weight of the evidence - of attempting to kill the man who seduced her. In particular, we explore the role in the trial and its aftermath of the affective energies and cultural expectations set in motion by best-selling American sentimental novels like Hannah Foster's "The Coquette" and Susanna Rowson's "Charlotte Temple." In Norman's case, once newspapers, defense lawyers, and reformers such as (...) Lydia Maria Child recast the defendant as a sentimental heroine, the trial became about seduction, not attempted murder. The sentimental emplotment of Norman's life marshaled a powerful set of emotional responses and moral judgments on her behalf. For example, Norman claimed insanity. And since sentimental heroines are supposed to go mad when they are seduced and abandoned, the jury was prepared to interpret her symptoms according to her lawyers' very strategy for establishing her innocence. Ultimately, however, Norman embodied the plight of the sentimental heroine at the same time that she contested her fictional counterpart's fate. In this way, her trial spectacularized the disparity which the sentimental novel conjures up and displaces but never resolves. Going further, the common law theory of coverture, which severely limited the legal personhood of married women, has received a great deal of scholarly attention. Cases like Norman's remind us that unmarried women were also subject to draconian constraints on their legal personhood. The tort of seduction is a key example. Legal historians trace the development of the seduction tort from its common-law origins, when men's property interest in women's bodies formed the basis of the cause of action, to 1851, when Field Code authors (including Norman's lawyer, David Graham) persuaded several states to grant seduced women standing to bring their own cause of action. Consequently, courts were forced to reckon with the seduced woman as a moral agent capable of consenting to sex. As trials like Norman's demonstrate, sentimental novels helped lay the groundwork for this shift in the law by elucidating a subjectivity for the seduced woman. Yet the doctrinal implications of Norman's precedent-setting trial had a second, more ambiguous strain. Other women facing similar charges used the same legal strategy to gain acquittals in a substantial number of cases. Indeed, Norman's sentimental strategy proved so powerful that men on trial for killing their wives' seducers appropriated it to bring their own stories before juries and to reinforce male sexual norms through the so-called honor defense. In the end, then, Norman's trial fostered legal reform, but it also suggested - as Lydia Maria Child's fictionalization of the case in "Rosenglory" recognized - that only sustained and multifaceted efforts to change cultural as well as legal norms could improve the sexual status of women. In addition to its legal, literary, and historical insights that it provides, we also intend this article to contribute to debates on the nature of scholarship in law and literature. Scholars such as Wai Chee Dimock have argued for a focus on the historical and historically shifting relations between law and literature - a view we endorse. Where we differ from Dimock is in our diversion of attention away from abstract ideas of law laid out by treatise writers and philosophers in favor of law experienced and manipulated by individuals. So, too, we are interested less in representations of concepts such as justice in legal and literary texts than we are in the ways in which literature (broadly conceived) can create provisional and fragile opportunities for concrete instantiations of justice and even generate legal change (for good or ill). We would argue that to the extent legal change motivates rather than simply mirrors cultural change, it needs literature to be effective. This project, then, responds to Gregg Crane's call for attention to the complex and slippery historical interactions of law and literature that shape and are shaped by an ever changing cultural idiom of justice. The extended story of Amelia Norman, in short, not only constitutes a case study in the inescapable interaction between the overlapping and interdependent discourses of law and literature, but also reveals the literary and legal consequences of that interaction. (shrink)

Our paper explores how the affective energies and cultural expectations set in motion by best-selling American sentimental novels like Hannah Foster's The Coquette and Susanna Rowson's Charlotte Temple informed the notorious mid-nineteenth-century American trial of Amelia Norman, who attempted to kill the man who seduced her. Once newspapers, defense lawyers, and reformers such as Lydia Maria Child recast the defendant as a sentimental heroine, the trial became about seduction, and Norman was acquitted against the weight of the evidence. Sentimental novels (...) turn on the contrast between the passive victim status of the heroine and the active libidinal quest of the rake-villain. As Cathy Davidson points out, this fiction is "about silence, subservience, stasis (the accepted attributes of women as traditionally defined) in contradistinction to conflicting impulses toward independence, action, and self expression (the ideals of the new American nation)." The seduction plot diverts attention from this disparity by establishing an affective solidarity between heroine and reader and elevating the ruined woman to a tragic status. The sentimental emplotment of Norman's life marshaled a powerful set of emotional responses and moral judgements on her behalf. Norman claimed insanity. And since sentimental heroines are supposed to go mad when they are seduced and abandoned, the jury was prepared to interpret her symptoms according to her lawyers' very strategy for establishing her innocence. Ultimately, however, Norman embodied the plight of the sentimental heroine at the same time that she contested her fictional counterpart's fate. In this way, her trial spectacularized the disparity which the sentimental novel conjures up and displaces but never resolves. The common law theory of coverture, which severely limited the legal personhood of married women, has received a great deal of scholarly attention. Cases like Norman's remind us that unmarried women were also subject to draconian constraints on their legal personhood. The tort of seduction is a key example. Legal historians trace the development of the seduction tort from its common-law origins, when men's property interest in women's bodies formed the basis of the cause of action, to 1851, when Field Code authors (including Norman's lawyer David Graham) persuaded several states to grant seduced women standing to bring their own cause of action. Consequently, courts were forced to reckon with the seduced woman as a moral agent capable of consenting to sex. As trials like Norman's demonstrate, sentimental novels helped lay the groundwork for this shift in the law by elucidating a subjectivity for the seduced woman. Yet the doctrinal implications of Norman's precedent-setting trial had a second, more ambiguous strain. Norman's sentimental strategy proved so powerful that men on trial for killing their wive's seducers appropriated it to bring their own stories before juries and to reinforce male sexual norms. In the end, then, Norman's trial fostered legal reform, but it also suggested - as Child's fictionalization of the case in "Rosenglory" recognized - that only sustained and multifaceted efforts to change cultural as well as legal norms could improve the sexual status of women. Scholars such as Wai Chee Dimock have argued for a focus "on the historical and historically shifting relations between law and literature" - a view we endorse. Where we differ from Dimock is in our diversion of attention away from abstract ideas of law laid out by treatise writers and philosophers in favor of law experienced and manipulated by individuals. So, too, we are interested less in representations of concepts such as justice in legal and literary texts than we are in the ways in which literature (broadly conceived) can create provisional and fragile opportunities for concrete instantiations of justice and even generate legal change (for good or ill). Going further, we would argue that to the extent legal change motivates rather than simply mirrors cultural change, it needs literature to be effective. Thus, we see no need to characterize - and indeed reject the depiction of - law as "a limited arena" in which ideas of morality have little place. This project, then, responds to Gregg Crane's call for attention to "the complex and slippery historical interactions of law and literature that shape and are shaped by an ever changing cultural idiom of justice." The extended story of Amelia Norman not only constitutes a case study in the inescapable interaction between the overlapping and interdependent discourses of law and literature, but also reveals the literary and legal consequences of that interaction. (shrink)

"Few thinkers have stood as squarely at both the center and the periphery of an intellectual movement as has Shao Yung (1011-1077). Ethical model and eccentric, socialite and eremite, Shao Yung is perhaps not only the greatest enigma of early Neo-Confucianism, but also one of its undisputed giants. In this impressive life-and-thought study, Don J. Wyatt painstakingly sifts through all available evidence relating to Shao Yung and his scholarship to provide a portrait that fully exposes the moral center of the (...) man and his work. Drawing on the abundant store of letters and accounts by Shao's contemporaries and his own much-neglected poetry, Wyatt has assembled a study that intimately relates Shao's life to his thought. He challenges the assumptions of previous Western scholarship by persuasively arguing against the acceptance of works traditionally ascribed to Shao - specifically, the Kuan-wu wai-p'ien (Outer Chapters on Observing Things), the Yu-ch'iao wen-ta (Fisherman and Woodcutter Dialogue), and the cryptic quasi-autobiographical essay Wu-ming kung chuan (Biography of the Nameless Lord)." "Shao is presented as an independent thinker whose philosophical lexicon functioned according to a profound interdependence that was unique among the systems of his peers. His metaphysical concepts, which appear impervious to and beyond the scope of human influence - namely, his ching-shih (world ordering), kuan-wu (observing things), and I-Ching - derived hsien-t'ien (before Heaven) methodologies - are essentially the products of a morally reflective life. Wyatt's discoveries, therefore, refute the common assertion of Shao Yung's moral indifference. Moreover, by meticulously integrating the progress of this Neo-Confucian's thought into the course of his life, the author has produced one of the most textured and accessible works on a philosopher of the Sung era."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved. (shrink)

This study adopted a change detection task to investigate whether and how recognition intent affects the construction of orthographic representation in visual word recognition. Chinese readers and nonreaders detected color changes in radical components of Chinese characters. Explicit recognition demand was imposed in Experiment 2 by an additional recognition task. When the recognition was implicit, a bias favoring the radical location informative of character identity was found in Chinese readers , but not nonreaders . With explicit recognition demands, the effect (...) of radical location interacted with radical function and word frequency . An estimate of identification performance under implicit recognition was derived in Experiment 3. These findings reflect the joint influence of recognition intent and orthographic regularity in shaping readers’ orthographic representation. The implication for the role of visual attention in word recognition was also discussed. (shrink)

Self-defining memories are touchstones in individuals’ narrative identity. This is the first SDM study to compare college students from the mainland People’s Republic of China to American college students. It examined SDMs, Big Five personality traits, and memory function in 60 students from each country. Participants rated their memories for affect, recall frequency, and importance. Chinese students recalled their most positively rated memories more frequently and with greater importance, while American students did not show this pattern. American students who scored (...) higher in Openness were more likely to recall negative memories. Memory content coding revealed that Chinese students recalled significantly more guilt/shame events than American students. Further analysis indicated that these memories were particularly focused on academic performance and parental expectations. The discussion suggests that follow-up studies look at differing emotion regulation strategies in the two countries, as well as at how the two different educational systems are affecting late adolescent identity formation processes. (shrink)

This chapter contains sections titled: The Experiential Roots of Religion The ARE in the Twentieth Century The Decline of Traditional Foundationalism and Stock Objections to RE The ARE via the Principle of Critical Trust (PCT) RE and TE Conceptual Coherence of TE Intracoherence of TE The Structure of the CTA The Impartiality Argument for the PCT Objections to the ARE The ARE in the Twenty‐First Century References.

Scripture: early convictions -- Being taught: the Bible and the Reformed Scripture principle -- Dominus illuminatio mea: the school of the biblical witness -- Dominus et vivificantem: biblical witnesses as children of God.

This article responds to Gavan Duffy's critique of AnalogiesatWar in his recent essay on the agent-structure debate in the JJPS (2001, 2: 161giving structure its duestructure” with process, perceptual, and personality variables; (3) misinterprets my assumptions while neglecting the findings of recent works that corroborate the findings of AnalogiesatWar; and (4) fails to demonstrate one of his key suggestions, i.e. the importance of showing how agents and structures are mutually constitutive. The article concludes by discussing some pointers raised by the (...) exchange for furthering the agent-structure debate. (shrink)

Max Schelers Auseinandersetzung mit Nietzsches Kritik an der christlichen bzw. christlich inspirierten Moral ist Gegenstand dieser Untersuchung. Darin lasst sich Schelers phanomenologisches Verstandnis der Liebe erschliessen, das einerseits Nietzsches Kritik apologetisch zwingend beantwortet und andererseits das Gedankengut Nietzsches aufgreift. Schelers Anlehnung an Nietzsche zeigt sich deutlich in seinem Kampf gegen den modernen Altruismus, gegen den Scheler mit ausserster Scharfe das christliche Verstandnis der Liebe abgrenzt. Daruber hinaus entwickelt der Autor in seinem Buch Schelers Verstandnis der Liebe weiter in Hinsicht auf (...) die christliche Soteriologie, die dadurch erheblich bereichert werden kann.". (shrink)

I argue that it is a main theme of Davidson's theory of interpretation that interpretive charity implies the impossibility of massive disagreement. There is clear textual support for that. I then argue that from the first-person point of view of a full-blooded interpreter, the theme must be accepted; and that is precisely why Davidson accepts it. If massive disagreement between speaker and interpreter seems to us easy to imagine, it is only because the imagination involved is third-personal and not full-blooded.

Advancement of modern agricultural biotechnology has brought various potential benefits to humankind, but at the same time ethical concerns regarding some applications such as genetically modified foods have been raised among the public. Several questions are being posed; should they utilize such applications to improve quality of their life, or should they refrain in order to save themselves from any associated risk? What are the ethical principles that can be applied to assess these applications? By using GMF as a case (...) study, this paper discusses possible answers to these questions from Islamic perspective. Such answers are based on the understanding of the Islamic concept of maslahah and mafsadah as well as the Islamic principles of priority. There is no specific GMF that has been declared as unlawful by Muslim scholars thus far. Nevertheless, they generally state that any GMF that contains unlawful substance is prohibited in Islam. Such statement can be understood since Islam puts highest priority to preserve shari’ah which prescribes the lawful and unlawful things in human life. Priorities have also been given to preserve human health and environment therefore any GMF that may inflict harm on both entities is also considered as unlawful. (shrink)

This book deals with the thorny issue of human rights in different cultures and religions, especially in the light of bioethical issues. In this book, experts from Christianity, Judaism, Islam, Buddhism, Daoism, Hinduism and Confucianism discuss the tension between their religious traditions and the claim of universality of human rights. The East-West contrast is particularly evident with regards to human rights. Some writers find the human rights language too individualistic and it is foreign to major religions where the self does (...) not exist in isolation, but is normally immersed in a web of relations and duties towards family, friends, religion community, and society. Is the human rights discourse a predominantly Western liberal ideal, which in bioethics is translated to mean autonomy and free choice? In today's democratic societies, laws have been drafted to protect individuals and communities against slavery, discrimination, torture or genocide. Yet, it appears unclear at what moment universal rights supersede respect for cultural diversity and pluralism. This collection of articles demonstrates a rich spectrum of positions among different religions, as they confront the ever more pressing issues of bioethics and human rights in the modern world. This book is intended for those interested in the contemporary debates on religious ethics, human rights, bioethics, cultural diversity and multiculturalism. (shrink)

The paper presents an exploratory attempt to analyse self‐reported leniency toward software piracy systematically, using an approach based on empirical factors, rather than ethical factors. The empirical factors studied were: social acceptance of software piracy; the cost of original software; urgency of the subject's need for software; availability of original software; knowledge of computer software copyright law; gender; monthly household income; and education level. It provides new insights to software companies and government officials who are developing programmes to promote the (...) concept of anti‐piracy among software consumers. This is also the first exploratory research to study the interaction effects among factors influencing the reported leniency towards software piracy, at the individual level. (shrink)

The paper presents an exploratory attempt to analyse self‐reported leniency toward software piracy systematically, using an approach based on empirical factors, rather than ethical factors. The empirical factors studied were: (i) social acceptance of software piracy; (ii) the cost of original software; (iii) urgency of the subject's need for software; (iv) availability of original software; (v) knowledge of computer software copyright law; (vi) gender; (vii) monthly household income; and (viii) education level. It provides new insights to software companies and government (...) officials who are developing programmes to promote the concept of anti‐piracy among software consumers. This is also the first exploratory research to study the interaction effects among factors influencing the reported leniency towards software piracy, at the individual level. (shrink)

Phenomenological studies of human experience are a vital component of caring professions such as counseling and nursing, and qualitative research has had increasing acceptance in American psychology. At the same time, the debate continues over whether phenomenology is legitimate science, and whether qualitative approaches carry any empirical validity. Ashworth and Chung’s Phenomenology and Psychological Science places phenomenology firmly in the context of psychological tradition. And to dispel the basic misconceptions surrounding this field, the editors and their seven collaborators trace the (...) evolution of phenomenological philosophy (including the work of Sartre and Heidegger) and its parallel impact on psychological science, revealing key points of compatibility: -The phenomenological roots of mainstream psychology -Controversies within phenomenology on the nature of consciousness -Existentialist currents in contemporary psychology -The value of qualitative methods in science-based practice -Applications of phenomenology in case conceptualization and therapy -Possibilities for qualitative-based research. The unique presentation of its subject makes this volume a source of considerable interest for readers involved in theoretical and historical psychology. It will also prove to be important reading for the professional or advanced student concerned with the search for meaning that unites philosophy and psychology. (shrink)

In recent analytic philosophy of religion, one hotly debated topic is the veridicality of religious experience. In this paper, I briefly trace how the argument from religious experience comes into prominence in the twentieth century. This is due to the able defense of this argument by Richard Swinburne, William Alston, and Jerome Gellman among others. I explain the argument's intuitive force and why the stock objections to religious experience are not entirely convincing. I expound Swinburne's approach and his application of (...) the Principle of Credulity to religious experience. Then I critically examine four major objections to Swinburne. I conclude that the argument from religious experiences is not likely to be conclusive but it should not be dismissed either. (shrink)

Due to the economic globalization which is characterized with business scandals, scholars and practitioners are increasingly engaged with the implementation of codes of ethics as a regulatory mechanism for stimulating ethical behaviours within an organization. The aim of this study is to examine various organizational practices regarding the effective implementation of codes of ethics within construction contracting companies. Views on ethics management in construction organizations together with the recommendations for improvement were gleaned through 19 semi-structured interviews, involving construction practitioners from (...) various construction companies in Hong Kong. The findings suggested some practices for effective implementation of codes of ethics in order to diffuse ethical behaviours in an organizational setting which include; introduction of effective reward schemes, arrangement of ethics training for employees, and leadership responsiveness to reported wrongdoings. Since most of the construction companies in Hong Kong have codes of ethics, emphasis is made on the practical implementation of codes within the organizations. Hence, implications were drawn from the recommended measures to guide construction companies and policy makers. (shrink)

It is usually believed that a picture of Quantum Mechanics in terms of true probabilities cannot be given due to the uncertainty relations. Here we discuss a tomographic approach to quantum states that leads to a probability representation of quantum states. This can be regarded as a classical-like formulation of quantum mechanics which avoids the counterintuitive concepts of wave function and density operator. The relevant concepts of quantum mechanics are then reconsidered and the epistemological implications of such approach discussed.