This essay deals with conditions, challenges and perspectives concerning the legal system of the European Union after the Lisbon treaty has entered into force. It starts out by recalling constitutional principles such as primacy, direct effect and consistent interpretation of the European legal order on the one hand and the relationship of cooperation between the Court of Justice and national courts – notably pointing out the importance of the preliminary procedure (Article 267 TFEU) – on the other hand. In addition, (...) characteristics of the legal system of the European Union such as the integration of national legal systems are highlighted. It is accentuated that the legal community of the European Union depends on the acceptance by all 27 Member States. Furthermore, the normative quality of European law-making is discussed as well as the necessity for a sufficient democratic legitimation of European Law. As impressively illustrated by the financial crisis, the European Union is much better equipped with possibilities to effectively fulfil regulatory tasks than any Member State. The author shows developments with regard to European Union citizenship, non-discrimination, the Charter of Fundamental Rights - that is now equipped with binding character – and the vertical distribution of competences between the European Union and the Member States, including explanations relating to subsidiarity requirements and their judicial review. Moreover, challenges to the institutions of the European Union are discussed. (shrink)

The article deals with the concept of the court’s fault in the action for damages against a state suffered due to infringement of European Union law. The author searches for the right position of the criterion in the system of the conditions of state liability and discusses whether European Union law establishes a uniform standard of fault, or at least the guidance on the application of the criterion that would enable uniform national judicial practices concerning state liability for the infringements (...) attributable to the courts of last instance. The article also analyses national legal regulation and jurisprudence of several Member States such as France, Belgium and Italy, providing the definitions of different forms of fault and (or) examples of their practical implementation. (shrink)

The very idea of the draft European Union (EU) Constitutional Treaty was reexamined after the failed French and Dutch referendums and the Treaty of Lisbon (also known as the Reform Treaty) was drafted and entered into force on 1 December 2009 after it’s ratification by all 27 member states. The traditional notion of a Constitution as a national legal document establishing the social contract and a moral minimum for a particular socially unified group still prevails in legal and political thinking. (...) Indeed, the European Union has some constitutional elements, but absence of the so called ‘European demos’ prevents us from recognizing the founding treaties as a real ‘European constitution’ in the proper sense of the word. The author agrees with the decision to exclude the term ‘Constitution’ from the title and contents of the new Reform Treaty. The author also suggests that softer terms, like ‘European constitutional order’ and ‘European Constitutionalism’ might better reflect the scope of contemporary European integration than the term of ‘a Constitution for Europe’. A rethinking of the ‘constitutional core’ of the Lisbon Treaty was inspired following the so-called Lisbon judgments of Czech, Latvian and German constitutional courts. (shrink)

An inclusive vision of mathematics-- its beauty, its humanity, and its power to build virtues that help us all flourish. For mathematician Francis Su, a society without mathematical affection is like a city without museums. To miss out on mathematics is to live without experiencing some of humanity's most beautiful ideas. In this profound book, written for a diverse audience but especially for those disenchanted by their past experiences, an award-winning mathematician and educator weaves personal reflections, puzzles, and stories to (...) show how mathematics meets basic human desires and cultivates virtues essential for human flourishing. Readers will explore mathematical concepts-- and see how mathematical thinking can even fulfill such longings as for love, play, freedom, justice, and community. Some lessons come from those who have struggled, including philosopher Simone Weil, whose own mathematical contributions were overshadowed by her brother's, and Christopher Jackson, who discovered mathematics as an inmate in a federal prison. Christopher Jackson's letters to the author appear throughout the book and show how this intellectual pursuit can-- and must-- be open to all. (shrink)

Analytic philosophy has been developing in China for over a century, and philosophers shaped by the analytic tradition have grown into an important philosophical community in China. The views of contemporary analytic philosophers in China on central philosophical issues and their similarities and differences with analytic philosophers in English-speaking countries have not been systematically investigated. Bourget and Chalmers have conducted two large-scale online questionnaire surveys on analytic philosophers in English-speaking countries. Inspired by their studies, a survey on analytic philosophers in (...) China was performed. It is found that philosophers in China had no agreement on most issues. According to the comparative analysis with the results of Bourget and Chalmers’ second survey, there were significant differences in views as well as thinking styles between analytic philosophers in China and English-speaking countries. And these differences may be partially explained by cultural factors and academic environments. (shrink)

What signals do firms in emerging economies send to stakeholders when they adopt corporate social responsibility practices? We argue that in emerging economies, firms that adopt CSR practices positively signal investors that their firms have superior capabilities for filling institutional voids. From an institution-based view, we hypothesize that the institutional environment moderates the signaling effect of CSR on a firm’s financial performance. Based on a sample of firms from ten Asian emerging economies, we find a positive relationship between CSR practices (...) and financial performance. This positive relationship is stronger in the less developed capital market than in the more developed one. The financial benefits of CSR practices are also more salient in the low information diffusion market than in the high one. We emphasize that signaling theory and the institution-based view can jointly contribute to the CSR literature. (shrink)

Hanno Su entwickelt den Rahmen einer erziehungswissenschaftlichen Bildungstheorie, der Bildung über den differenziellen Wissensbezug pädagogischer Kommunikation fasst. Dadurch wird die Frage ins Zentrum gerückt, wie eine ausdrücklich erziehungstheoretische Problematisierung von Bildung sich gegenüber der herkömmlichen bildungstheoretischen Problematisierung von Erziehung abhebt. Anlass dieses Aufrisses ist eine Verwunderung darüber, dass hinsichtlich der Verschränkung von Erziehung und Bildung auch in der Erziehungswissenschaft vorwiegend individual- bzw. subjekttheoretische Rahmungen der Bildungstheorie genutzt werden, anstatt sich etwa mit sozialtheoretischen Rahmungen der Erziehungstheorie als erziehungswissenschaftliche Bildungstheorie in Form (...) zu bringen. (shrink)

Guanxi as one of the key factors leading to business success in China (PRC) has ironically been synonymous with bribery. This raises some serious questions: should Western foreign firms do business in China? How should they do business with Chinese firms? This study investigated the relationship between guanxi orientation and cognitive moral development in an attempt to determine whether the level of guanxi orientation of Chinese business people affects their ethical reasoning. Based on a classification of Chinese enterprises (Nee, 1992), (...) it was found that Chinese enterprises rely on guanxi for business to different extents. However, their levels of cognitive moral development are not significantly different, suggesting that guanxi orientation has very little to do with ethical reasoning (as captured through an established measure of cognitive moral development). Furthermore, time in profession was found to positively affect guanxi orientation; however, age failed to predict guanxi orientation and education turned out to be a negative predictor of guanxi orientation. (shrink)

Driven by the cognitive-neoassociationistic model of aggression, this study examines how supervisors’ negative affect at work influences their interaction with subordinates, which further affects subordinate outcomes. Drawing upon research on power/resource interdependence and victim precipitation theory, we also test whether the positive relationship between supervisors’ negative affect and abusive supervision is moderated by leader–member exchange. Using one hundred and eighty supervisor–subordinate dyads from five hotels, we found that, supervisors’ negative affect at work was positively related to abusive supervision, LMX buffered (...) the positive association between supervisors’ negative affect and abusive supervision, and the indirect effects of supervisors’ negative affect on subordinate outcomes via abusive supervision was buffered by LMX, such that the indirect effects were only found in dyads with lower LMX, but not in dyads with higher LMX. Theoretical contributions and practical implications for managers and organizations were also discussed. (shrink)

This paper documents that business ethics has positive impacts upon the development of intellectual capital. Knowledge has become the most important asset of modern businesses, and this study argues that business ethics is associated with the development of intangible knowledge resources—intellectual capital. Businesses with ethical values at the core reinforce ethical conducts and successfully build trust with their various stakeholders, leading to the formation of an ethical and trustworthy corporate culture and a positive corporate environment. Thus, in this reasoning, an (...) ethical approach to business can encourage open communication, problems solving, knowledge sharing and creativity among employees to increase organisational capital; enhance interactions and relationships with suppliers, customers and other stakeholders to increase social capital; attract and retain good talent to increase human capital. Questionnaire survey is adopted as the research method with businesses in the electronic and information technology industries in Taiwan as sample. The results suggest that business ethics is associated with increased intellectual capital. Thus, this study demonstrates that the development of intellectual capital is in line with strengthened ethics. It contributes to the literature through combining research on business ethics with intellectual capital theories and extends the extant intellectual capital literature. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 8, Page 1123-1139, October 2022. Major debates on democratic renewal suggest two ways of eliciting social change: either by strengthening vertical practices of representation or by expanding horizontal forms of participation. The article develops an argument for why there is a need to rethink democratic resistance beyond the vertical–horizontal divide. If contemporary forms of resistance encompass a strategic interplay between vertical and horizontal practices, then an alternative framework is required to capture this logic. (...) Filling this gap, the article introduces the concept of ‘horizontal experimentalism’. Such an idea comprehends an understanding of political means and ends as a continuum and as adjusting each other in an ongoing process of experimental inquiry. (shrink)

Pylyshyn's effort in establishing the cognitive impenetrability of early vision is welcome. However, his view about the role of attention in early vision seems to be oversimplified. The allocation of focal attention manifests its effect among multiple stages in the early vision system, it is not just confined to the input and the output levels.

Mathematics is an important foundation for the development of science education. In the past, when instructors taught mathematical concepts of geometry shapes, they usually used traditional textbooks and aids to conduct teaching activities, which resulted in students not being able to understand the principles completely. Nowadays, it has become a trend to integrate emerging technologies into mathematics courses and to use digital instructional aids. Emerging technologies can effectively enhance students’ sensory experience while strengthening their impressions and understandings of subject concepts. (...) In this paper, we apply virtual reality immersive technologies to develop a “virtual reality immersive learning mathematics geometry system,” which is used to teach mathematical geometry concepts. Teachers use the system to develop three basic mathematical geometry learning materials: “Triangular pyramid volume = 1/3 prism volume,” “Cone volume calculation,” and “Triangle center of gravity derivation.” In the experimental activity, the teacher uses virtual reality teaching aids to guide students to learn mathematical geometry concepts in a fun way so that they can achieve the effectiveness of immersive learning. This study explores the impact of using the virtual reality immersive learning mathematics geometry system on students’ technology acceptance, learning motivations, and learning performance. The experimental result showed that using the virtual reality immersive learning mathematics geometry system can improve the learning motivation and learning performance of students. The findings indicated that the experimental group had better learning outcomes after completing the learning tasks of three geometric units. The experimental group used the virtual reality immersive learning mathematics geometry system which can lead to better learning outcomes. According to the ARCS questionnaire, students in the experimental group were confident to understand new subjects. At the same time, the mode of completing the game can effectively give students a sense of accomplishment. The use of emerging technologies in the classroom can be an attractive learning mode for students. (shrink)

Enterprise philanthropy is practiced in a very unique and rudimentary form in China. Based on a unique random survey data on 3837 Chinese private enterprises conducted in 31 provinces of China in 2006, I find the significant positive relationship between enterprise philanthropy donation and enterprise profitability, and the result supports the political and institutional power view of enterprise philanthropy in the latest development of China. Simply put, Chinese private enterprises carried out philanthropy activities to better protect property rights and nurture (...) political connections, which in turn, leads to better enterprise profitability. The␣result is even stronger in institutions weaker provinces. (shrink)

Critical thinking has been widely regarded as an indispensable cognitive skill in the 21st century. However, its associations with the affective aspects of psychological functioning are not well understood. This study explored the interrelations between trait mindfulness, critical thinking, cognitive distortions, and psychological distress using a moderated mediation model. The sample comprised 287 senior secondary school students (57% male and 43% female) aged 14–19 from a local secondary school in Hong Kong. The results revealed that high critical thinking was significantly (...) associated with high levels of psychological distress when mindful awareness was low among adolescents. Trait mindfulness was found to moderate the indirect effects of critical thinking on psychological distress via cognitive distortions as the mediator. Specifically, in low trait mindfulness conditions, critical thinking was found to associate positively with cognitive distortions and psychological distress. Such associations were not observed in high trait mindfulness conditions. The findings reveal that though critical thinking has positive associations with cognitive functioning, its associations with affective well-being might be negative. The results also suggest that mindfulness might play an important role in preventing the possible psychological distress associated with critical thinking. Educational implications relating to the fostering of critical thinking and mindful awareness are discussed. (shrink)

This paper considers the debate between economists and philosophers about the role of values in economic analysis by examining the recent debate between Hilary Putnam and Sir Partha Dasgupta. It argues that although there has been a failure to communicate there is much more agreement than it seems. If Dasgupta's work is seen as part of the methodological tradition expounded by John Stuart Mill and John Neville Keynes, economists and philosophers will have a better basis for understanding each other. Unlike (...) the logical-positivist tradition, which treats facts and values as two mutually exclusive concepts, the Mill- Keynes tradition recognizes that facts and values are intertwined. Unlike the Smithian tradition, which blends the study of facts and normative rules, it divides economics into a science that studies "what is" and an art which considers "what ought to be done". (shrink)

Artemov and Protopopescu introduced a Brouwer-Heyting-Kolmogorov interpretation of knowledge operator to define the intuitionistic epistemic logic IEL, where the axiom A⊃KA\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$A\supset KA$$\end{document} is accepted but the axiom KA⊃A\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$KA\supset A$$\end{document} is refused. This paper studies the notion of distributed knowledge on an expansion of the multi agent variant of IEL. We provide a BHK interpretation of distributed knowledge operator to define the intuitionistic epistemic (...) logic with distributed knowledge DIEL. We construct Hilbert system and cut-free sequent calculus for DIEL\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\mathbf {DIEL}$$\end{document} and show that they are sound and complete for the intended Kripke semantics. (shrink)

Kwŏnil chʻŏn. Kibon wŏlli pʻyŏn -- kwŏni chi. Chŭksa ihwa pʻyŏn -- kwŏnsam in. Pulcha haengdŭng pʻyŏn.

We prove that the strong Martin conjecture is false. The counterexample is the first-order theory of infinite atomic Boolean algebras. We show that for this class of Boolean algebras, the classification of their (ω + ω)-elementary theories can be reduced to the classification of the elementary theories of their quotient algebras modulo the Frechet ideals.

We consider random processes more general than those considered by Erdös and Rényi for generating the countable random graph. It is proved that, in the category sense, almost all random processes we consider generate the countable random graph with probability 1. Under a weak boundedness assumption we give a criterion for the random processes which generate the countable random graph almost surely. We also consider further questions asked by Jackson regarding the outcome graphs when the process fails to produce the (...) countable random graph. (shrink)

Le problème de l’identité personnelle est une préoccupation essentielle des philosophes modernes depuis que la conscience est mise en scène philosophiquement. Cependant parmi eux il n’y en a pas beaucoup qui considèrent la mémoire comme le fondement de l’identité humaine, bien qu’aujourd’hui, et grâce aux neurosciences, on sache pourtant qu’elle joue un rôle capital. D’une manière générale, les empiristes s’y intéressent davantage que les rationnalistes. Ceux‐ci ayant comme idéal normatif les systèmes mathématiques ne pensent pas qu’elle puisse contribuer à élargir (...) nos connaissances du monde. C’est ce qui explique que le système des idées claires et distinctes chez Descartes, s’établit directement par la conscience présente. De son côté, l’empiriste sceptique Hume, bien qu’il ait souligné l’importance de la mémoire dans notre personnalité, n’a pas pu mettre en pleine lumière sa nature et son fonctionnement. L’esprit considéré comme l’ensemble des perceptions et des idées est loin de constituer l’identité de l’homme normal. On voit dans les théoriesbergsoniennes de la durée et de la mémoire une toute autre perspective qui fonde l’identité personnelle sur l’équilibre mental de la conscience présente et de l’inconscient, c’est‐à‐dire du moi superficiel et du moi profond. (shrink)