This book explores the relevance of virtue theory to law from a variety of perspectives. The concept of virtue is central in both contemporary ethics and epistemology. In contrast, in law, there has not been a comparable trend toward explaining normativity on the model of virtue theory. In the last few years, however, there has been an increasing interest in virtue theory among legal scholars. 'Virtue jurisprudence' has emerged as a serious candidate for a theory of law and adjudication. Advocates (...) of virtue jurisprudence put primary emphasis on aretaic concepts rather than on duties or consequences. Aretaic concepts are, on this view, crucial for explaining law and adjudication. This book is a collection of essays examining the role of virtue in general jurisprudence as well as in specific areas of the law. Part I puts together a number of papers discussing various philosophical aspects of an approach to law and adjudication based on the virtues. Part II discusses the relationship between law, virtue and character development, with some of the essays selected analysing this relationship by combining both eastern perspectives on virtue and character with western approaches. Parts III and IV examine problems of substantive areas of law, more specifically, criminal law and evidence law, from within a virtue-based framework. Last, Part V discusses the relevance of empathy to our understanding of justice and legal morality. (shrink)

Philosophical Issues, Volume 31, Issue 1, Page 146-166, October 2021.

If the criminal trial is aimed simply at ascertaining the truth of a criminal charge, it is inherently problematic to prevent the prosecution from adducing relevant evidence on the ground of its unlawful provenance. This article challenges the starting premise by replacing the epistemic focus with a political perspective. It offers a normative justification for the exclusion of unlawfully obtained evidence that is rooted in a theory of the criminal trial as a process of holding the executive to the rule (...) of law. On this theory, it is the admission rather than exclusion of such evidence that is inherently problematic. The differences between this theory and others that are in currency will be noted, as will its implications and limitations. (shrink)

PurposeThis study aims to describe the adverse events following immunization of SARS-CoV-2 vaccination in cancer patients/survivors associated with their psychological distress.MethodsA cross-sectional study was conducted to assess AEFIs after the receipt of SARS-CoV-2 vaccines in cancer patients/survivors attending a university hospital in Malaysia. Psychological distress was measured using the Hospital Anxiety and Depression Scale before and after the first and second doses of COVID-19 vaccine.ResultsA total of 217 complete responses were received. Compared with before vaccination, both HADS Anxiety and HADS (...) Depression scores were significantly reduced after the first and second dose of the SARS-CoV-2 vaccine. Most of the participants had mild-or-moderate systemic and local AEFIs, with the most common being pain at the injection site, tiredness, and headache for both the first and second doses of the vaccine. Positive correlations between the total AEFI score and HADS-A and HADS-D scores were observed after the first dose of the SARS-CoV-2 vaccine. Similarly, positive associations were observed between the total AEFI score and HADS-A and HADS-D scores after the second dose of the SARS-CoV-2 vaccine.ConclusionMild-to-moderate AEFIs found in this study help address vaccine hesitancy in cancer patients/survivors. Receiving the SARS-CoV-2 vaccine had a positive effect on decreasing psychological distress in cancer patients/survivors. High severity of an AEFI was associated with higher anxiety and depressive symptoms. (shrink)

This collection brings together fourteen contributions by authors from around the globe. Each of the contributions engages with questions about how local and global bioethical issues are made to be comparable, in the hope of redressing basic needs and demands for justice. These works demonstrate the significant conceptual contributions that can be made through feminists' attention to debates in a range of interrelated fields, especially as they formulate appropriate responses to developments in medical technology, global economics, population shifts, and poverty.

Objectives: To study the attitudes of both medical and non-medical students towards the do-not-resuscitate decision in a university in Hong Kong, and the factors affecting their attitudes.Methods: A questionnaire-based survey conducted in the campus of a university in Hong Kong. Preferences and priorities of participants on cardiopulmonary resuscitation in various situations and case scenarios, experience of death and dying, prior knowledge of DNR and basic demographic data were evaluated.Results: A total of 766 students participated in the study. There were statistically (...) significant differences in their DNR decisions in various situations between medical and non-medical students, clinical and preclinical students, and between students who had previously experienced death and dying and those who had not. A prior knowledge of DNR significantly affected DNR decision, although 66.4% of non-medical students and 18.7% of medical students had never heard of DNR. 74% of participants from both medical and non-medical fields considered the patient’s own wish as the most important factor that the healthcare team should consider when making DNR decisions. Family wishes might not be decisive on the choice of DNR.Conclusions: Students in medical and non-medical fields held different views on DNR. A majority of participants considered the patient’s own wish as most important in DNR decisions. Family wishes were considered less important than the patient’s own wishes. (shrink)

Judging Virtuously: Developing an Empathic Capacity for Perceptual Sensitivity: A Review of Amalia Amaya and Ho Hock Lai , Law, Virtue and Justice.

It is proposed here that the Confucian li, norms of appropriate behavior, be understood as part of the dynamic process of moral self-cultivation. Within this framework li are multidimensional, as they have different functions at different stages in the cultivation process. This novel interpretation refocuses the issue regarding the flexibility of li, a topic that is still being debated by scholars. The significance of this proposal is not restricted to a new understanding of li. Key features of the various stages (...) of moral development in Confucian thought are also articulated. This account presents the picture of a Confucian paradigmatic person as critically self-aware and ethically sensitive. (shrink)

Social movements often impose nontrivial costs on others against their wills. Civil disobedience is no exception. How can social movements in general, and civil disobedience in particular, be justifiable despite this apparent wrong-making feature? We examine an intuitively plausible account—it is fair that everyone should bear the burdens of tackling injustice. We extend this fairness-based argument for civil disobedience to defend some acts of uncivil disobedience. Focusing on uncivil environmental activism—such as ecotage (sabotage with the aim of protecting the environment)—we (...) argue that some acts of uncivil disobedience can be morally superior to their civil counterparts, when and because such acts target people who are responsible for environmental threats. Indeed, insofar as some acts of uncivil disobedience can more accurately target responsible people, they can better satisfy the demands of fairness compared to their civil counterparts. In some circumstances, our argument may require activists to engage in uncivil disobedienceeven whencivil disobedience is available. (shrink)

In this book Professor Tjoa not only reconstructs Lewes’ theory of criticism and his social and political opinions but also evaluates his contributions to ...

Retrospect and prospect for contemporary Chinese thought -- Resolving the tension between tradition and modernity : reflections on the May Fourth cultural tide -- The May Fourth tide and modernity -- Radicalism in the cultural movement of the twentieth century -- Modern Chinese culture and the difficulties of Confucian learning -- Liang Shuming's early view of Oriental and Western culture -- The establishment and development of Feng Youlan's view of culture -- A reflection on the new school of principle and (...) thoughts on modernity -- Confucian thought and the world of modern East Asia -- Confucian ethics and China's modernisation -- East Asian tradition according to modernisation theory -- A sense of predicament and inter-dependency -- Liang Shuming and Max Weber on Chinese culture -- Values, authority, tradition and Chinese philosophy -- The difficulty of undertaking national studies research in the nineties : the problem of the national studies fever and research into traditional culture -- The value and status of traditional Chinese culture. (shrink)

The Zhuangzi is noted for its advocacy of many different perspectives—chickens, cicadas, fish and the like. There is much debate in the literature about the implications of Zhuangzi’s pluralist inclinations. I suggest that Zhuangzi highlights the limitations of individual, perspectivally-constrained, knowledge claims. He also spurns the ‘view from nowhere’ and is sceptical about the possibility of an ideal observer. For him, wisdom consists in understanding the epistemological inadequacies of each perspective. I propose that Zhuangzi’s philosophy offers significant insights to an (...) increasingly globalized world characterized by a plurality of ethical and value commitments. It does not assume there will necessarily be universal agreement or a standardized answer. Most importantly, it is a position that seeks to augment self-understanding and enrich the self in dialogue with and response to others. (shrink)

Demonstrating the limitations of the one-at-a-time approach, crowd initiatives reveal the surprisingly powerful role of analytic and design choices in shaping scientific results. At the same time, cross-cultural variability in effects is far below the levels initially expected. This highlights the value of “medium” science, leveraging diverse stimulus sets and extensive robustness checks to achieve integrative tests of competing theories.

A distinguishing characteristic of Confucianism is its emphasis on learning (xue), is a key element in moral self cultivation. This paper discusses why learning from the experiences of those in the past is important in Confucian learning.

Para o profissional da informação, é necessário compreender como seus objetos de estudo se interligam, pois esta interligação é parte essencial na construção diária do saber científico. Além disso, é também a base para que estes conhecimentos possam ser aplicados na prática profissional. A interdisciplinaridade é a essência dessa questão, pois permite a união de diversas áreas do saber para que se consiga entender os fatos ocorridos. A Teoria da Complexidade também vem de encontro a essa necessidade de inter-relação entre (...) os objetos, pois prega o estudo dos fenômenos respeitando suas complexidades. Portanto, este estudo visa promover a compreensão da Teoria da Complexidade inserida na prática profissional de bibliotecários e arquivistas, por meio da análise de artigos publicados no âmbito das revistas da área de ciência da informação, disponibilizados pela plataforma BRAPCI nos anos de 2012 a 2022. Pode-se observar que diversos parâmetros da Teoria da Complexidade estão inseridos naturalmente na rotina do profissional da informação, dependendo apenas que se compreenda a que eles se referem. (shrink)

A potencialidade na filosofia da educação antiga e medieval 1 Resumo: O texto aborda a potencialidade, na filosofia da educação antiga e medieval, como a capacidade de aperfeiçoamento da razão. A noção de paideia conduz essa reflexão, uma vez que perpassa o pensamento educacional desde a antiguidade clássica até a baixa Idade Média. Essa continuidade explicita a tradição da formação integral do homem que considerava os aspectos morais e políticos como uma totalidade indissociável. O encaminhamento teórico segue a concepção de (...) História Social de Braudel (1902-1985), já que o foco é a compreensão da herança teológica e filosófica, que exprime os fundamentos da educação. Para refletir sobre esse legado do conhecimento, três momentos foram estudados: a paideia grega na perspectiva aristotélica e platônica; a patrística, por meio do entendimento de Clemente de Alexandria (150-215 d.C.) e de Agostinho de Hipona (354-430 d.C.); e a escolástica, analisada nas concepções de Hugo de São Vítor (1096-1141) e Tomás de Aquino (1225-1274). Assim, nos autores apresentados, há a permanência da compreensão de que o aperfeiçoamento da razão significava a transformação em ato da potência essencial do homem: a razão. A principal finalidade da educação, portanto, era a formação da consciência de cada pessoa, pois entendia-se que esse era o principal meio para o êxito da vida em comum. Palavras-chave: Filosofia da Educação; Potencialidade; Paideia; Patrística; Escolástica. Potentiality in the philosophy of ancient and medieval education Abstract: The text addresses the potentiality, in the philosophy of ancient and medieval education, as the ability to improve reason. The notion of paideia guides this reflection since it pervades educational thought from classical antiquity to the low Middle Ages. This continuity explains the tradition of the integral formation of man which considered the moral and political aspects as an inseparable totality. The theoretical approach follows Braudel’s conception of Social History since the focus is on understanding the theological and philosophical heritage, which expresses the fundamentals of education. To reflect on this legacy of knowledge, three periods were studied: the Greek paideia in the Aristotelian and Platonic perspective; patristic, through the understanding of Clement of Alexandria and Augustine of Hippo; and scholasticism, analysed in the conceptions of Hugh of Saint Victor and Thomas Aquinas. Thus, there is a continuing understanding in the authors presented that the improvement of reason meant the actualization of man's essential potency: reason. The main purpose of education was the formation of the conscience of each person, as it was understood that this was the main means for the success of life in common. Key words: Philosophy of education; Potentiality; Paideia; Patristic; Scholastic. Potencialidad en la filosofía de la educación antigua y medieval Resumen: El texto aborda la potencialidad en la filosofía de la educación antigua y medieval, como capacidad para mejorar la razón. La noción de paideia orienta esta reflexión ya que impregna el pensamiento educativo desde la antigüedad hasta la baja Edad Media. Esta continuidad explica la tradición de la formación integral del hombre que consideraba los aspectos morales y políticos como una totalidad. El enfoque teórico sigue la concepción de Braudel de Historia Social, ya que el enfoque está en la comprensión de la herencia teológica y filosófica, que expresa los fundamentos de la educación. Por tanto, se estudiaron tres períodos: la paideia griega en la perspectiva aristotélica y platónica; la patrística, a través del entendimiento de Clemente de Alejandría y Agustín de Hipona; y escolasticismo, analizado en las concepciones de Hugo de San Víctor y Tomás de Aquino. Por lo tanto, existe un entendimiento continuo en los autores presentados de que la mejora de la razón significó la actualización de lo potencial del hombre: la razón. El propósito principal de la educación era la formación de la conciencia de cada persona, pues se entendía que este era el principal medio para el éxito de la vida comunitaria. Palabras-clave: Filosofía de la educación; Potencialidad; Paideia; Patrística; Escolástica. Data de registro: 22/04/2021 Data de aceite: 22/09/2021 1 Artigo desenvolvido com base na tese Hábito e subjetividade na educação: aproximações entre Aristóteles, Tomás de Aquino e a neurociência, defendida por Lais Boveto, orientada por Terezinha Oliveira. Pesquisa com bolsa doutorado CAPES. (shrink)

By organizing crowds of scientists to independently tackle the same research questions, we can collectively overcome the generalizability crisis. Strategies to draw inferences from a heterogeneous set of research approaches include aggregation, for instance, meta-analyzing the effect sizes obtained by different investigators, and parsing, attempting to identify theoretically meaningful moderators that explain the variability in results.

Folklore has a critical role as a cultural transmitter, all the while being a socially accepted medium for the expressions of culturally contradicting wishes and conducts. In this study of Vietnamese folktales, through the use of Bayesian multilevel modeling and the Markov chain Monte Carlo technique, we offer empirical evidence for how the interplay between religious teachings (Confucianism, Buddhism, and Taoism) and deviant behaviors (lying and violence) could affect a folktale’s outcome. The findings indicate that characters who lie and/or commit (...) violent acts tend to have bad endings, as intuition would dictate, but when they are associated with any of the above Three Teachings, the final endings may vary. Positive outcomes are seen in cases where characters associated with Confucianism lie and characters associated with Buddhism act violently. The results supplement the worldwide literature on discrepancies between folklore and real-life conduct, as well as on the contradictory human behaviors vis-à-vis religious teachings. Overall, the study highlights the complexity of human decision-making, especially beyond the folklore realm. (shrink)

Mal ŭi him -- Kŏjinmal ch'ammal kŭrigo ch'immuk.

Animal ethicists have recently debated the ethical questions raised by disenhancing animals to improve their welfare. Here, we focus on the particular case of breeding hens for commercial egg-laying systems to become blind, in order to benefit their welfare. Many people find breeding blind hens intuitively repellent, yet ‘welfare-only’ positions appear to be committed to endorsing this possibility if it produces welfare gains. We call this the ‘Blind Hens’ Challenge’. In this paper, we argue that there are both empirical and (...) theoretical reasons why even those adopting ‘welfare-only’ views should be concerned about breeding blind hens. But we also argue that alternative views, which (for example) claim that it is important to respect the telos or rights of an animal, do not offer a more convincing solution to questions raised by the possibility of disenhancing animals for their own benefit. (shrink)

This paper is a preliminary study of Bhāviveka’s Svātantrika-Mādhyamika justifications for taking non-existent things as the subject of an inference, based on his Dacheng Zhangzhen Lun. Bhāviveka’s treatment of inference is similar to that of Dignāga in that the subject is required to be existent. Bhāviveka also holds that, in a conventional sense, words refer to universals and to the existent entities that possess them, while the two are cognised together. However, in his inference for the unreality of unconditioned things, (...) he likens these things to a sky-flower that never arises and is unreal even conventionally. This paper first demonstrates how taking unconditioned things as the subject of an inference can be problematic for Bhāviveka. Then, it discusses Bhāviveka’s attempts to address the problems by subsuming the unconditioned things under the domain of conventional reality. The paper concludes that these attempts show his flexibility in terms of what is taken as conventionally real. (shrink)

In order to deepen the studies on the philosophy of practice, it is essential to explore the political significance of Marx's philosophy of practice. Marx's philosophy of practice is rooted in the problem of modernity and the separation between “individual subjectivity” and “societal community” in the modern context is the basic background of Marx's practical philosophy. It is the basic interest of Marx's philosophy of practice to find a way to end this separation via critique of civil society. Therefore, Marx's (...) philosophy of practice has a clear significance, which manifests in the following aspects: one is “liberation politics,” and the other, “the regulatory mode of the socio-political institution.”. (shrink)

“主体性”是哲学中一个十分重大的课题，在20世纪80年代至90年代，“主体性”观念在中国当代哲学的进程中产生了十分特殊的作用，对于推动思想解放、观念变革居功至伟。今天我们究竟应该怎样理解和评估“主体性 ”原则？马克思哲学的“主体性”思想在哲学史上所具有的重大意义究竟是什么？对我们今天重新阐释“主体性”思想有什么价值？本书正是试图围绕上述问题，在当代哲学的历史语境中对“主体性”观念进行专门研究和当代阐 释。.