Xunzi is a Confucian scholar well known for his theory that no human nature is innately good. However, because it is in human nature to be greedy, it is possible to train the people through promise of reward and punishment. Xunzi has long been considered to have taught Han Feizi who has a similar notion of human nature and uses it as basis for his Legalist theories. In this paper, I compare the two philosophers based on their system of reward (...) and punishment in order to analyze the difference and the similarities between the two. Although the two philosophers share an understanding of human nature, and a system of reward and punishment based on such theories, whereas Xunzi has a belief in the possibility of edification through good influence, Han Feizi does not. Xunzi asserts that mercy is more efficient than punishment in case of petty thefts among the poor, and also that even the severest punishment cannot push a soldier to risk one’s life in battle. This goes directly against Han Feizi’s strong belief in the absoluteness of the rule of law, where no mercy is possible even for the poor, and a rigid system of punishment and reward is seen as sufficient to push the people toward risking their lives for their king. On the other hand, although Han Feizi is often criticized for his lack of regard for the people’s lives in pursuit of power for the absolute monarch, it may be seen that such unforgiving application of the law results in an orderly society which benefits the people in the long run. Therefore, it may be argued that both Xunzi and Han Feizi’s long term goal for the legal system is to bring order to society. A comparison between the two scholars proves that no one-dimensional analysis is valid, and renders it possible to understand their philosophies in a much more colorful light. (shrink)

After proposing an alternative definition of what “law” (jurisprudential concept) is, this article demonstrates the impossibility of identifying “the law” (what law-makers announce, relative to a particular jurisdiction) as something that is in a particular way. Rather, the law is a more or less abstract range of options. Drawing upon this conclusion, the article calls for a reassessment of how we view the role of law-makers. We need to remove the mystery that surrounds the law so as to provide for (...) greater transparency. This transparency can be gained by requiring law-makers to declare their inescapable biases where they influence their lawmaking. (shrink)

The progression of research and scholarly inquiry does not occur in isolation and is wholly dependent on accurate reporting of methods and results, and successful replication of prior work. Without mechanisms to correct the literature, much time and money is wasted on research based on a crumbling foundation. These guidelines serve to outline the respective responsibilities of researchers, institutions, agencies, and publishers or editors in maintaining the integrity of the research record. Delineating these complementary roles and proposing solutions for common (...) barriers provide a foundation for best practices. (shrink)

Federal legislation (the Employee Polygraph Protection Act) adopted in 1988 prohibits virtually all private sector employers from requiring or requesting preemployment polygraph examinations for prospective employees. Since then, written integrity testing designed to reliably distinguish those prospective employees who may steal from the company from those who are far less likely to do so has been something of a growth industry. Indeed, the American Psychological Association has recently noted that honesty tests have demonstrated useful levels of validity as an employee (...) selection measure. We provide an alternative perspective. We argue that, even under the most charitable of assumptions, the propensity of integrity tests to generate false positives (i.e., to identify prospective employees as potential thieves when, in fact, they are not) is unsuitably large. Thus, the integrity test as currently configured is largely without merit as a personnel selection device. (shrink)

This study investigated the proficiency of CPAs in recognizing and evaluating ethical and unethical situations. In addition, CPAs provided attitudes on ethics education. Respondents were asked to evaluate the ethical acceptability of CPA behavior as presented in six vignettes involving a variety of ethical dilemmas from questions of conflict of interest to questions of personal honor. The results tend to signify that CPAs can, to a degree, distinguish ethical and unethical behaviors. It appears that ethical behaviors and very specific unethical (...) behaviors were more easily identified by practitioners. This may reveal uncertainty and apprehension as to exactly what constitutes unethical behavior since, in many circumstances, this resolution is made on a case-specific basis rather that via a universal rule. In addition, it is interesting to note that CPAs tend to picture themselves as more ethically-oriented than their peers.With respect to ethics education, the CPAs indicated that instruction in ethical concepts and literacy was important and should definitely be embodied in the accounting curriculum as well as at all educational levels. However, the CPAs were remarkably uncertain and ambivalent as to the qualifications of university faculty to provide this instruction and guidance. (shrink)

If stem cell-based therapies are developed, we will likely confront a difficult problem of justice: for biological reasons alone, the new therapies might benefit only a limited range of patients. In fact, they might benefit primarily white Americans, thereby exacerbating long-standing differences in health and health care.

1 Evidence-based policy requires researchers to provide the answers to ecological questions that are of interest to policy makers. To find out what those questions are in the UK, representatives from 28 organizations involved in policy, together with scientists from 10 academic institutions, were asked to generate a list of questions from their organizations. 2 During a 2-day workshop the initial list of 1003 questions generated from consulting at least 654 policy makers and academics was used as a basis for (...) generating a short list of 100 questions of significant policy relevance. Short-listing was decided on the basis of the preferences of the representatives from the policy-led organizations. 3 The areas covered included most major issues of environmental concern in the UK, including agriculture, marine fisheries, climate change, ecosystem function and land management. 4 The most striking outcome was the preference for general questions rather than narrow ones. The reason is that policy is driven by broad issues rather than specific ones. In contrast, scientists are frequently best equipped to answer specific questions. This means that it may be necessary to extract the underpinning specific question before researchers can proceed. 5 Synthesis and applications. Greater communication between policy makers and scientists is required in order to ensure that applied ecologists are dealing with issues in a way that can feed into policy. It is particularly important that applied ecologists emphasize the generic value of their work wherever possible. (shrink)

Afbeeldingen zijn belangrijke objecten. Ze zijn een rijke bron van informatie, onmisbaar voor een effectieve communicatie. Afbeeldingen zijn ook bijzondere objecten. Ze bestaan uit verf- of inktvlekken maar we zien er dingen in: mensen, bomen, huizen enz. Dit is vreemd want we weten allemaal dat er op het doek geen bomen zijn en geen huizen, en toch zien we ze. We vinden dit zo vanzelfsprekend dat niemand zich echt afvraagt hoe het komt. En dit is juist wat afbeeldingen wezenlijk onderscheidt (...) van al de andere objecten. De hamvraag is dan ook hoe enkele verfvlekken of potloodlijnen onmiskenbaar een boom kunnen betekenen. Met De kunst van het afbeelden presenteert J.B. Vert een samenhangende en overzichtelijke theorie over afbeeldingen. Zijn benadering is niet zoals gebruikelijk alleen vanuit de kunst maar vooral vanuit de cognitieve psychologie. Afbeeldingen zijn er immers om te worden gezien en we zien afbeeldingen met dezelfde ogen als waarmee we de wereld zien. We herkennen een object in een schilderij op dezelfde manier als we het herkennen in de wereld. Het effect van een afbeelding wordt vooral bepaald door de wijze waarop ons waarnemingssysteem is gebouwd en opereert. De lezer krijgt een uniek, uitgebreid, hanteerbaar en helder gestructureerd begrippenapparaat om afbeeldingen te beschrijven en erover te communiceren. De focus van het boek ligt weliswaar op de vlakke afbeelding, de begrippen zijn echter voor een groot deel ook op ruimtelijke en op abstracte beelden van toepassing. Joan B. Vert is 32 jaar werkzaam geweest als docent tekenen, eerst aan de Pedagogische Academie St.-Jozef te Zeist en later aan de Hogeschool Domstad te Utrecht. Hij heeft deelgenomen aan diverse ontwikkelgroepen van de Stichting Leerplanontwikkeling. (shrink)

© 2015, Springer-Verlag Berlin Heidelberg.Genetic studies have identified single nucleotide polymorphisms associated with the risk of prostate cancer. It remains unclear whether such genetic variants are associated with disease aggressiveness. The NCI-SPORE Genetics Working Group retrospectively collected clinicopathologic information and genotype data for 36 SNPs which at the time had been validated to be associated with PC risk from 25,674 cases with PC. Cases were grouped according to race, Gleason score and aggressiveness. Statistical analyses were used to compare the frequency (...) of the SNPs between different disease cohorts. After adjusting for multiple testing, only PC-risk SNP rs2735839 was significantly and inversely associated with aggressive and high-grade disease in European men. Similar associations with aggressive and high-grade disease were documented in African-American subjects. The G allele of rs2735839 was associated with disease aggressiveness even at low PSA levels in both European and African-American men. Our results provide further support that a PC-risk SNP rs2735839 near the KLK3 gene on chromosome 19q13 may be associated with aggressive and high-grade PC. Future prospectively designed, case-case GWAS are needed to identify additional SNPs associated with PC aggressiveness. (shrink)

Le récit de l'interrogatoire de Jésus, combiné avec celui des négations de Pierre, offre au lecteur une certaine confusion: qui interroge Jésus? Hanne ou Caïphe? Ni une rectification dans l'ordre des versets, ni une recherche des différentes couches rédactionnelles ou des sources ne donnent une explication satisfaisante sur la présence des deux prêtres dans cette péricope. En revanche une analyse de type narratif montre que ce flou pourrait être intentionnel: le narrateur relativise l'importance des personnages socialement et religieusement haut placés (...) et met en évidence l'autorité de leur prisonnier. Ainsi l'interrogatoire de Jésus par le grand prêtre serait en réalité celui du grand prêtre par Jésus. Pendant ce temps, dans un même enclos, Pierre subit son interrogatoire. (shrink)

In this paper, I argue that self-awareness is intertwined with one's awareness of possibilities for action. I show this by critically examining Dan Zahavi's multidimensional account of the self. I argue that the distinction Zahavi makes among 'pre-reflective minimal', 'interpersonal', and 'normative' dimensions of selfhood needs to be refined in order to accommodate what I call 'pre-reflective self-understanding'. The latter is a normative dimension of selfhood manifest not in reflection and deliberation, but in the habits and style of a person’s (...) pre-reflective absorption in the world. After reviewing Zahavi's multidimensional account and revealing this gap in his explanatory taxonomy, I draw upon Heidegger, Merleau-Ponty, and Frankfurt in order to sketch an account of pre-reflective self-understanding. I end by raising an objection to Zahavi’s claim for the primitive and foundational status of pre-reflective self-awareness. To carve off self-awareness from the self’s practical immersion in a situation where things and possibilities already matter and draw one to act is to distort the phenomena. A more careful phenomenology of pre-reflective action shows that pre-reflective self-awareness and pre-reflective self-understanding are co-constitutive, both mutually for each other and jointly for everyday experience. (shrink)

The first poems about the Prophet Muḥammad appeared while he was alive. These first examples, which are panegyrics (madīḥ, i‛tiẕār, fakhr and ris̱ā), largely reflect the characteristics of the pre-Islamic qaṣīda poetry. Due to the developments in the following centuries, the number of poems about the Prophet increased. And thus, a separate literary genre was formed under the name al-madīḥ al-nabawī. Especially the fact that sufi leaning poets contributed to the literary richness in this field. Another factor is the beginning (...) of the tradition of writing mawlid poems in memory of the birth of the Prophet Muḥammad. The thirteenth century was an important period for poems praising the Prophet Muḥammad. Two important poets emerged in this century. One of them is Egyptian poet al-Būṣīrī and the other is Baghdad's famous poet, Yaḥyā al-Ṣarṣarī. Even after his death, Ṣarṣarî’s works with high literary value were read and memorized in the circles of science, literature and Sufism. Due to his competence in the field, al-Ṣarṣarī was known as the poet of the Prophet and Ḥassān b. Thābit of his time. However, it is understood that his poems, which lost their importance in literary circles over time, were not studied as much as they deserved in the modern period. In this article, his life and works are introduced and basic language and stylistic features of his poems are examined. Also, the image of the Prophet in his poems was determined within the framework of the political conditions of the period.Summary: In the field of madīh nabawī, which first appeared in the ‘Asr al-Sa’āda and has continued to the present day, especially two names stand out in the 7th/13th century, when famous poets such as Macduddīn al-Vitrī (d. 662/1264), Ibn al-Muraḥḥal (d. 699/1300) and Ṣafiyyuddīn al-Ḥillī (d. 749/1348) were also raised. One of them is the Egyptian poet al-Būṣīrī (d. 695/1296), who left his mark on the field of madīh nabawī with his many poems, especially Qaṣīda Burda, and the other is the Iraqi poet Yahya al-Ṣarṣarī (d. 656/1258), who was named Shā‘iru Rasūlillāh (The poet of the Prophet) and Ḥassānu Vaḳtihī (Ḥassān of that period) because of the quality of his poems in this field.al-Ṣarṣarī, was born in the village of al-Ṣarṣar, near Baghdad, spent most of his life in the shadow of Baghdad’s political instability and the social collapse that developed in parallel. He was killed in 656/1258 by the Mongolian forces that invaded Baghdad. al-Ṣarṣarī was extremely knowledgeable in fiqh, hadith, language, and ‘ilm al-qirāa. Our poet adopted the views of the Hanbalī law school. In addition, he turned to Sufism and became a murīd (disciple) of Ali ibn Idrīs al-Ya‘kūbī, a student of Abdalqadīr al-Gīlanī who was accepted as the founder of Qādiriyya. He was closely attached to the Sunnah of the Prophet and was fond of reading the Quran. He was chaste and patient and was content with what he had himself. All his works are poetic and they all concern the madīh nabawī or fiqh.Since his poems, almost all of which are about the praise of the Prophet, have a high literary value, they were read, memorized and narrated for a long time in the circles of science, literature and Sufism. In terms of its structure, his poems are based on the traditional forms of Arab qasīda. In the introductory sections of his poems, he often expresses his longing for Madina. The main subject in poems is usually the Prophet and his superior features. In the last part, he usually says salāt for the Prophet and seeks help from him. It can be said that he used simple language in his poems. The vocabulary reflects the characteristics of the urban life in which he lived. The source of inspiration for his poems are the Qur’an and especially the hadith of the Prophet. He uses the potential of literary arts as much as possible while conveying his feelings. But he does not allow the correct information to be lost due to these arts on a serious subject such as depicting the Prophet. We can see a lot of badī‘ (creative) art in some of his poems. But we can immediately understand that these arts do not spoil the beauty of his expression. The poet provides rhythm and harmony in his poetry with the meter and rhyme in accordance with the classical Arabic qasida rules. In addition, he strengthens the musicality in poetry with puns (jinās) and repetition.The influence of the instability of the region where al-Ṣarṣarī lived on his poems is obvious. According to him, the main reason for the terrible situation that Muslims were in was that they were away from the way of the Prophet. He thought that it would be possible to go back to the old peaceful days by following the way of the Prophet. Perhaps as a result of this opinion, he allocated his qasīda to the narration of the Prophet and his Companions. In his poems, he describes the Prophet with his names, superior qualities, physical and moral characteristics. He says that the sentences describing the Prophet are the ornament of poems and believes that praising him is a mean of salvation in the next world. He also hoped that the poems he said in order to achieve spiritual ascension would protect himself against the troubled events of the period.In his poems, especially on the occasion of mawlīd, al-Ṣarṣarī mentions the Prophet’s physical characteristics and likens his smiling face to a bright full moon, his brows to the letter nûn, his teeth to pearls. He describes the Prophet as a man with black eyes, broad shoulders, born with kohl-lined eyes, and who emanates a beautiful scent as a requirement of his creation. The poet, who also touches on the Prophet’s powerful address, states that his speech is more effective than Luqman’s wise words by virtue of his jawami‘ al-kalim (comprehensive speech) and faṣl al-khiṭab (clear speech), and that his soft address, which states nothing other than the truth, is a blessing from Allah. He additionally describes the Prophet’s plain words, easy to understand by all, as more valuable than jewels. al-Ṣarṣarī, who praises the Prophet in terms of morality with basic human virtues such as bashfulness, justice, modesty, and courage, emphasizes that he is, a paragon of patience, perseverance, kindness, and compassion through analogies such as, “his clothes are peace and perseverance”, his “cover is kindness and forgiveness”. In his world of imagery, the Prophet’s benevolence is so abundant like the rain that the clouds cannot compete with him. Also, he does not shame anybody for what he gives. He bestows the most valuable possessions like gold and camels. Even the respectable personalities of the tribe benefit from his grace. He is so generous that he is giving even when the clouds are stingy about giving rain during times of drought. He welcomes with a smile those who approach him with requests. The donations he makes privately are entirely satisfying.The image of prophethood in al-Ṣarṣarī’s poems, is centralized around the thought of nūr Muhammadī (prophetic light) and the miracles of the Prophet. He reminds that the Prophet never gave up despite the calamities he encountered and that he was supported with extraordinary events in various stages of his life since he was born, and reflects the understanding that the prophet is spiritually supporting the community with his nūr, and in the case the community follow his sunnah, overcoming the Mongolian attacks, which seems like a miracle, is possible. The mention of Qattāl (warrior), Māḥī (eliminator of disbelief), Ẓāhir, Ẓāfir, Manṣūr and Muẓaffar (victorious) among the Prophet’s names, especially those that evoke the superiority he gained in his fight against the disbelievers, giving greater prominence to his courage and valor among his virtues are also related to the political and social conditions of the period. The couplets about the Companions of the Prophet following the couplets that describe the Prophet’s valor, the emphasis of their aid to the Prophet, and the particular mention of their fighter spirit may be considered in the same context. Perhaps, in this way, the poet aims to boost the courage of the Muslims who are exposed to Mongolian attacks with respect to protecting their spiritual and holy values against the enemy. (shrink)

This article examines the Kantian thesis of the a priori nature of our knowledge of space. Because it makes the representation of objects possible as external to us and all others, and consequently, as distinct and individualized, space (whatever its structure may be) claims the status as necessary condition and as apriori possibility of all knowledge. However, in the light of various physical, psychological and philosophical considerations, it seems that the particular structure allocated by Kant to space (i.e. uniqueness, infinity, (...) continuity, homogeneity, isotropy, Euclidean character and three-dimensional character) is neither necessary nor a priori but is rather contingent and dependent on experience. For this reason a pragmatist relativization of the transcendental approach appears to be necessary: the structure of space which makes knowledge possible is not apriori in an absolute sense, but rather, it is determined within the context of a certain practice, which is characterized by a certain mode of interaction with the environment and reveals particular empirical constraints to which this spatial structure must fit. (shrink)

This work examines how people interpret the sentential connective “or”, which can be viewed either inclusively (A or B or both) or exclusively (A or B but not both). Following up on prior work concerning quantifiers (Noveck, 2001; Noveck & Posada, 2003; Bott & Noveck, 2004) which shows that the common pragmatic interpretation of “some,” some but not all, is conveyed as part of an effortful step, we investigate how extra effort applied to disjunctive statements leads to a pragmatic interpretation (...) of “or”, or but not both. Experiment 1 compelled participants to wait for three seconds before answering, hence giving them the opportunity to process the utterance more deeply. Experiments 2 and 3 emphasized “or”, either by visual means (“OR”) or by prosodic means (contrastive stress) as another way to encourage participants to apply more effort. Following a relevance-theoretic line of argument, we hypothesized that conditions encouraging more processing effort would give rise to more pragmatic inferences and hence to more exclusive interpretations of the disjunction. This prediction was confirmed in the three experiments. (shrink)

Cet article examine la relation entre deux thèses de Hegel : une thèse pragmatiste et une thèse idéaliste. La thèse pragmatiste est que l'usage des concepts en détermine le contenu, ou autrement dit, que les concepts n'ont pas d'autre contenu que celui qui leur est conféré par l'usage. La thèse idéaliste est que la structure et l'unité du concept sont identiques à la structure et à l'unité du Soi. La thèse principale de cet article est que la thèse idéaliste est (...) pour Hegel une manière de rendre la thèse pragmatiste acceptable, dans le contexte de son usage du modèle de la reconnaissance réciproque pour articuler une conception de l'autonomie qu'on peut faire remonter à Rousseau et Kant. Des moments réciproques d'indépendance et de dépendance sont reliés selon le modèle sous-jacent de la synthèse de la substance sociale et des Sois conscients-de-soi par la reconnaissance mutuelle, et interagissent dans trois dimensions : sociale, inférentielle et historique.The paper discusses the relationship between one pragmatist thesis and one idealist thesis in Hegel's thought. The pragmatist thesis is that the use of concepts determines their content, that is, that concepts can have no content apart from that conferred on them by their use. The idealist thesis is that the structure and unity of the concept is the same as the structure and unity of the self. The main claim of the paper is that the idealist thesis is Hegel's way of making the pragmatist thesis workable, in the context of his use of the model of reciprocal recognition to articulate a conception of autonomy that is recognizably a descendent of Rousseau's and Kant's. Reciprocal moments of independence and dependence , related as in the underlying model of the synthesis of social substance and self-conscious selves by mutual recognition, interact along three dimensions: social, inferential, and historical. (shrink)