This article endeavors to propose a legal matrix, the horizontal axis of which represents the structure of legal studies, which consists of doctrinal and non-doctrinal legal knowledge. Non-doctrinal knowledge provides empirical demonstration and legitimacy judgment, but only within the framework set by legal doctrine can it be transformed to legal/illegal judgment. The vertical axis of the matrix measures the extent of application of the legal studies. Differentiated from other disciplines, especially the natural science, the various branches of legal knowledge are (...) either weak or strong practical, other than ‘theoretical’ or ‘applied’. (shrink)

The present age is an age full of problems. To answer the question what’s law, we should focus on the study of the tension between facts and norms. The tension is reflected through two perspectives: 1) the asymmetry between facts and norms in epistemology; 2) the conflict between facts and norms in ethics. The first is universal while the second is uniquely Chinese. The existing views of law highlight epistemology, tending to give privileges to one of the two: facts or (...) norms, and making them irreconcilable. This paper would like to draw upon two essential elements of practice and use practice to address the ethical conflict between facts and norms, and use reflection to deal with the epistemological asymmetry between the two. This is what we call “a practical view of law” which reconciles facts with norms and takes “law is phronesis (prudentia)” as its core proposition. (shrink)

Practical philosophy of law is a theory about concrete existence of law which holds that due to the asymmetry between existing law and social facts and case facts, the existing law needs to be developed in a reflective manner through application and this is the inevitable process of mutation from law 1.0 to law 2.0. Practical philosophy of law is founded on the generative thinking of practical philosophy, and distinct from other philosophies of law hereof.

Most discussions of racial fetish center on the question of whether it is caused by negative racial stereotypes. In this paper I adopt a different strategy, one that begins with the experiences of those targeted by racial fetish rather than those who possess it; that is, I shift focus away from the origins of racial fetishes to their effects as a social phenomenon in a racially stratified world. I examine the case of preferences for Asian women, also known as ‘yellow (...) fever’, to argue against the claim that racial fetishes are unobjectionable if they are merely based on personal or aesthetic preference rather than racial stereotypes. I contend that even if this were so, yellow fever would still be morally objectionable because of the disproportionate psychological burdens it places on Asian and Asian-American women, along with the role it plays in a pernicious system of racial social meanings. (shrink)

This chapter distinguishes between two concepts of moral responsibility. We are responsible for our actions in the first sense only when those actions reflect our identities as moral agents, i.e. when they are attributable to us. We are responsible in the second sense when it is appropriate for others to enforce certain expectations and demands on those actions, i.e. to hold us accountable for them. This distinction allows for an account of moral responsibility for implicit bias, defended here, on which (...) people may lack attributability for actions caused by implicit bias but are still accountable for them. What this amounts to is leaving aside appraisal-based forms of moral criticism such as blame and punishment in favor of non-appraising forms of accountability. This account not only does more justice to our moral experience and agency, but will also lead to more effective practices for combating the harms of implicit bias. (shrink)

The virtual brand community has become an important marketing tool for companies. A successful brand community marketing strategy should attract a large number of consumers. Although past studies have revealed consumer motivations for participating in virtual brand communities, they fail to answer an important question: Why is it so easy for some virtual brand communities to attract users while others have such difficulty? In this study, product characteristics are hypothesized to be important factors that determine consumer motivation to participate in (...) brand communities. Product characteristics can directly affect how actively consumers participate in brand communities. The results of questionnaires show that product complexity, product symbolism, and product satisfaction have a positive influence on consumers’ willingness to participate in brand communities. Notably, the duration of product use has a regulating effect on the influence of product satisfaction and product symbolism. A long period of product use weakens the influence of product satisfaction on consumers’ willingness to participate in brand communities. On the contrary, a long period of product use strengthens the influence of product symbolism on consumers’ willingness to participate in brand communities. This study enriches the literature on brand community participation and has implications for companies that aim to utilize brand communities for marketing. (shrink)

Now that society is in a period of transition, the lack of norms for moral values is becoming an increasingly serious issue. People in commerce talk about commerce, and those "going out to sea" talk about the sea.

The green development level reflected in the green finance index and the evaluation of the degree of green development in smart cities have important practical effects on economic transformation. For promoting the transformation and upgrading of finance, we select 2013–2019 data and construct a distributed lag model to analyse the important role played by green finance and financial technology in the construction of smart cities. In the paper, we find green finance promotes the construction of smart cities, and only it (...) will not appear until nine months late. Financial technology has an opposite impact on the construction of smart cities, this is mainly because the research and marketization of financial technology are higher, and the cost is also higher. This influence will appear in the next 14 months. (shrink)

Through statistical analysis of datasets describing single cell shape following systematic gene depletion, we have found that the morphological landscapes explored by cells are composed of a small number of attractor states. We propose that the topology of these landscapes is in large part determined by cell‐intrinsic factors, such as biophysical constraints on cytoskeletal organization, and reflects different stable signaling and/or transcriptional states. Cell‐extrinsic factors act to determine how cells explore these landscapes, and the topology of the landscapes themselves. Informational (...) stimuli primarily drive transitions between stable states by engaging signaling networks, while mechanical stimuli tune, or even radically alter, the topology of these landscapes. As environments fluctuate, the topology of morphological landscapes explored by cells dynamically adapts to these fluctuations. Finally we hypothesize how complex cellular and tissue morphologies can be generated from a limited number of simple cell shapes. (shrink)

Although previous research has examined the effectiveness of various levels of punitive reactions to misconduct, researchers have given leader leniency relatively inadequate attention. Prior studies consistently suggest the beneficial effects of reacting less punitively toward misconduct. The current research challenges this notion by delineating a mixed effect of leader leniency on subordinate psychological and behavioral reactions. Building on social exchange theory (i.e., reciprocity norm and rank equilibration norm) and motive attribution literature, the authors argue that when subordinates hold high levels (...) of instrumental motive attribution, leader leniency relates positively to subordinate psychological entitlement, which in turn leads to workplace deviance. In contrast, when subordinates develop high levels of value-expressive motive attribution, leader leniency is positively associated with their felt obligation toward leaders, which positively influences their subsequent organizational citizenship behavior. The results of a field study, a scenario experiment, and a recall experiment conducted to test these hypotheses confirm the double-edged effects of leader leniency. These findings have important implications for theory and practice. (shrink)

The best way to protect information is never to release it. Yet even the earliest definition of security recognizes availability as a necessary quality. In this work, we seek to quantify the value of information disclosure for web resource evaluation and discovery. Communal evaluation tools help users share ratings on websites, music, and other online resources. This approach assumes that experiences are self-similar, so that a site one person visits is likely to have been evaluated and thus visited by others. (...) Collaborative search tools aim for discovery as opposed to evaluation. Therefore, they assume participants in a collaborative network have large sets of non-overlapping sites so that an increase in network size corresponds to an increase in web coverage. We quantify the value of information sharing for these closely related but sometimes distinct functions. In this paper, we analyzed a dataset that includes eight weeks of browsing history of 1084 college students that live in the same dormitory. Our experiments showed that for discovery, more sharing monotonically improves results; for evaluation, however, there are decreasing marginal returns for each participant added to the network. The subject population was selected for its homogeneity in order to mimic a collaborative network. (shrink)

It is well known to Sartre scholars that Sartre claimed his ethical theory follows from his ontology in his early philosophy. However, this claim had not been examined as closely as it deserved. Some scholars accepted it, but none of them has given a plausible explanation of how ethics is supposed to follow from ontology. Others rejected it, without taking trouble to explore the possible connections between ontology and ethics. ;I think this claim should be taken seriously. For Sartre himself (...) took it seriously; he spent much time and energy developing ethical views that can be based on his ontology. Through a detailed study of two critically important notions in Sartre's early philosophy, "bad faith" and "pure reflection," I give a close and in-depth examination of this claim. On the basis of the examination, I conclude that Sartre's early ethical theory is a "failure." ;The first two chapters are preparatory. In the first chapter I clarify some of Sartre's basic terminologies in his early philosophy. In the second chapter I explicate Sartre's basic ontological project in Being and Nothingness. ;In the third chapter, I study the ontological characters of "pure reflection" that Sartre presented in Being and Nothingness, which prepares the ground for a study of the ethical characters of "pure reflection" in the fifth chapter. ;In the fourth chapter, I study the ethical implication of the ontological characters of bad faith. Through a detailed examination of the notion of "bad faith" in Being and Nothingness, I show that bad faith as Sartre presented it in Being and Nothingness has only trivial and non-salient ethical implication. ;In the fifth and last chapter, I study the ethical characters of pure reflection that Sartre presented in Notebooks for an Ethics, on the basis of which I show that the ethical characters of pure reflection do not exactly follow from its ontological characters. As a result of these studies, I conclude that in Sartre's early philosophy his ethics does not really follow from his ontology. (shrink)

Prominent memeticists like Daniel Dennett and Susan Blackmore have made claims far more radical than those included in Dawkins’ original proposal, which provoked increasingly heated debates and arguments over the theoretical significance as well as limits or flaws of the entire memetic enterprise. In this paper, I examine closely some of the critical points taken by Kate Distin in her penetrating engagement with those radical claims, which include such ideas as the thought that we are meme machines as much as (...) gene machines, the thesis that there is no conscious self inside those machines, and the claim that a complex interplay of replicators and environment is all there is to life (Blackmore 1999: 241). It is hoped that a viable thesis concerning a deep-seated normativity emerges from my discussion. (shrink)

本书收录的文集内容包括:加强军事理论研究不可或缓,继承和发展我军军队管理理论,把军事理论工作推进到一个新的局面等。.

Grasping the link between some deep yet naturalized form of normativity and the emergence of human intentionality in the natural evolutionary process is a key to re-enchantment of nature.

Quantum cognition research applies abstract, mathematical principles of quantum theory to inquiries in cognitive science. It differs fundamentally from alternative speculations about quantum brain processes. This topic presents new developments within this research program. In the introduction to this topic, we try to answer three questions: Why apply quantum concepts to human cognition? How is quantum cognitive modeling different from traditional cognitive modeling? What cognitive processes have been modeled using a quantum account? In addition, a brief introduction to quantum probability (...) theory and a concrete example is provided to illustrate how a quantum cognitive model can be developed to explain paradoxical empirical findings in psychological literature. (shrink)

Question order effects are commonly observed in self-report measures of judgment and attitude. This article develops a quantum question order model (the QQ model) to account for four types of question order effects observed in literature. First, the postulates of the QQ model are presented. Second, an a priori, parameter-free, and precise prediction, called the QQ equality, is derived from these mathematical principles, and six empirical data sets are used to test the prediction. Third, a new index is derived from (...) the model to measure similarity between questions. Fourth, we show that in contrast to the QQ model, Bayesian and Markov models do not generally satisfy the QQ equality and thus cannot account for the reported empirical data that support this equality. Finally, we describe the conditions under which order effects are predicted to occur, and we review a broader range of findings that are encompassed by these very same quantum principles. We conclude that quantum probability theory, initially invented to explain order effects on measurements in physics, appears to be a powerful natural explanation for order effects of self-report measures in social and behavioral sciences, too. (shrink)

Young children judge that violations of ordinary, causal constraints are impossible. Yet children’s religious beliefs typically include the assumption that such violations can occur via divine agency in the form of miracles. We conducted two studies to examine this potential conflict. In Study 1, we invited 5- and 6-year-old Colombian children attending either a secular or a religious school to judge what is and is not possible. Children made their judgments either following a minimal prompt or following a reminder of (...) God’s extraordinary powers. Irrespective of their education, and whether or not they had been reminded of God’s extraordinary powers, children systematically judged violations of ordinary, causal constraints to be impossible. In Study 2, we asked if more extensive reminders of God’s special powers would prompt religious children to say that the impossible can happen. Five- and 6-year-old Colombian children attending either a secular or a religious school were presented with narratives in which the protagonist desired an ordinarily impossible outcome. In half the stories, the protagonist prayed to God for the desired outcome. Irrespective of education and of whether the protagonist prayed, children systematically concluded that the desired outcome would not occur and justified that conclusion by reference to ordinary causal constraints. Nevertheless, in a minority of their replies children did assert that violations of ordinary causality are possible. Overall, irrespective of their religious education, young children judge that events rarely deviate from their natural course; only occasionally do they acknowledge exceptions. (shrink)

Entrepreneurs' live streaming is an important tool for marketing, and it can increase consumer engagement, especially during the COVID-19 pandemic. Previous live streaming literature mainly focused on third-party live streaming, targeted at professional streamers and online celebrities. This study aims to discuss the factors underlying consumer engagement in the ELS. Using a mixed method of a quasi-experiment and an online survey, we analyzed the impact of the ELS on consumer engagement and the factors that drive consumer engagement in the ELS (...) in each of 231 samples. In the enterprises' live streaming, the ELS has a significantly higher influence on consumer engagement compared with the employees' live streaming. In the ELS, based on source credibility theory and signaling theory, this study concludes that factors of ELS's credibility consist of internal factors and external factors. The authors demonstrate that both internal and external factors positively affect trust in activities. Trust in activities positively affects consumer engagement and mediates the effects of reputation, expertise, interactivity, guarantee, and authenticity on consumer engagement. Moreover, reputation and expertise positively improve consumers' admiration toward the entrepreneur streamer and in turn, positively increase consumer engagement. Interactivity and expertise shorten the psychological distance. Psychological distance negatively affects consumer engagement and only helps increase the positive effect of interactivity on consumer engagement. These findings have theoretical and practical implications for live streaming e-commerce. (shrink)

We investigate a possible universal constraint on spatial meaning. It has been proposed that people attend preferentially to the endpoints of spatial motion events, and that languages may therefore make finer semantic distinctions at event endpoints than at event beginnings. We test this proposal. In Experiment 1, we show that people discriminate the endpoints of spatial motion events more readily than they do event beginnings—suggesting a non-linguistic attentional bias toward endpoints. In Experiment 2, speakers of Arabic, Chinese, and English each (...) described a set of spatial events displayed in video clips. Although the spatial systems of these languages differ, speakers of all three languages made finer semantic distinctions at event endpoints, compared to event beginnings. These findings are consistent with the proposal that event endpoints are privileged over event beginnings, in both language and perception. (shrink)

Ben shu bi jiao yan jiu liang shu ming he hu kuo de wen hua qu xiang, zheng zhi qu xiang, xue shu zhi qu, zhong xi wen hua guan, ke xue yu min zhu guan dui chuan tong wen hua de tai du he dui zhong guo wen hua chu lu de xuan ze deng wen ti.

Sally Haslanger has recently argued that philosophical focus on implicit bias is overly individualist, since social inequalities are best explained in terms of social structures rather than the actions and attitudes of individuals. I argue that questions of individual responsibility and implicit bias, properly understood, do constitute an important part of addressing structural injustice, and I propose an alternative conception of social structure according to which implicit biases are themselves best understood as a special type of structure.

Memory exhibits episodic superposition, an analog of the quantum superposition of physical states: Before a cue for a presented or unpresented item is administered on a memory test, the item has the simultaneous potential to occupy all members of a mutually exclusive set of episodic states, though it occupies only one of those states after the cue is administered. This phenomenon can be modeled with a nonadditive probability model called overdistribution (OD), which implements fuzzy-trace theory's distinction between verbatim and gist (...) representations. We show that it can also be modeled based on quantum probability theory. A quantum episodic memory (QEM) model is developed, which is derived from quantum probability theory but also implements the process conceptions of global matching memory models. OD and QEM have different strengths, and the current challenge is to identify contrasting empirical predictions that can be used to pit them against each other. (shrink)

How can one knowingly choose against one's best judgment? This is both a traditional philosophical puzzle and a realistic problem in our everyday life. This dissertation is an exposition and examination of a recent work, by George Ainslie, with regard to its innovative explanation as well as rational solution of such a problem. With the help of the new Ainsliean model, I have also sought to offer some analysis of a number of issues that I believe are important to the (...) understanding of the nature of practical rationality. ;The central question for Ainslie's approach to the dynamic problem of preference change is how to justify the "bundling" idea underlying his solution of the problem by adopting a "personal rule." The bundling idea is a belief in the relation between a series of similar choices as each predicting the direction of all the later choices. Being able to think in terms of this bundling idea is a powerful means of abstaining from defection, though it requires considerable cognitive effort. I try to defend the plausibility of such a personal-rule approach. But Ainslie's own account falls short of showing the ultimate necessity of the bundling idea, viz., why the collapse of the whole sequence of choices would necessarily follow from one defection. My argument hinges on demonstrating that neither a causal consideration about the links between similar choices, nor a prudential consideration about the possible risk involved in certain actions is sufficient for understanding the necessity: we need a normative perspective instead. ;This leads to my analysis of the conditions under which a normative solution can be justified. The analysis also delineates the type of dynamic choice situations Ainslie's approach may adequately fit, or have the greatest advantage. Some underlying hypothesis about the status and role of cognition in desire and higher-level motivation is carefully discussed; and the cognitive, deliberative, and affective aspects of the adoption of a rule is explored. During my discussions, I also compare Ainslie's approach with other theories in the domain of practical reasoning, such as that of Donald Davidson's, Jon Elster's, Michael Bratman's, Edward McClennen's, and David Gauthier's, in terms of their explanatory power, or their scope of application, limits, and complementarity. ;Ainslie's motivational model of mind has apparent as well as potential implications for a group of interesting philosophical issues. They include the nature of willpower, the nature of practical rationality as well as moral rules, personal identity, autonomy, and the existentialist theme on self-creation. My conclusion is that the clarification of the metaphysical underpinnings of the Ainsliean model can help to shed some light on these issues. (shrink)

Although it is an increasingly popular assumption that leader mindfulness may positively affect leader behaviors and, in turn, employee outcomes, to date, little empirical evidence supports this view. Against this backdrop, the present research seeks to develop and test a serial mediation model of leader mindfulness. Specifically, we propose that leader mindfulness enhances employee performance and that this relationship is explained by increased leader procedural justice enactment and, subsequently, reduced employees’ emotional exhaustion. We conducted three studies to test this model. (...) Study 1 involved employees from a wide range of organizations in the USA. Study 2 used a sample of leaders and employees from China and measured our model variables at three different points in time. Both studies provide consistent support for our hypotheses. Finally, Study 3 involved a laboratory experiment in which 62 senior executives were assigned to either a mindfulness induction or to a control condition. Again, results revealed a significant and positive link between leader mindfulness and leader procedural justice enactment. In sum, these findings expand our understanding of mindfulness to the domain of leadership, a key area of organizational research. Moreover, they complement prior studies by showing that mindfulness dynamics go beyond intrapersonal effects but also influence the attitudes and behaviors of others. We discuss our findings in light of their contributions to the mindfulness, ethics, and leadership literatures and point out implications for practice. (shrink)