In both the literal and metaphorical senses, it seemed as if 1970s America was running out of gas.

CHAPTER ONE Paving a Way for a Treatise Identity Those who are not of the philosophical persuasion may find it surprising that the Self appears to be such ...

Seeks to provide a new direction for the advancement of political theory. This essay deals with the uneasy relationship between liberty and equality; the nature of democracy and the formation of political consensus; and the weakness of our understanding of class.

Yat-hung Leung debates Chenyang Li’s view of harmony and benevolence in Confucian teachings: Which is the more fundamental and important value, and ultimate ideal? In The Confucian Philosophy of Harmony, Li delineates a distinctively Confucian conception of “deep harmony” as the basic ideal of Chinese culture and especially Confucianism. Leung questions that depiction of things, arguing that benevolence does and should hold that place of honor. Leung focuses his arguments against two claims: firstly, that harmony should be (...) understood as the supreme value in Confucian thought, and secondly, that the ideal of harmony is of greater value to us today than that of benevolence. Leung points out that in the influential texts and traditions of Confucian philosophy, benevolence is of higher value than harmony. He disputes both the representative nature of the texts Li relies on as well as Li’s portrayals of some of those texts. We more properly understand Confucian harmony and benevolence in the inverse relation, with harmony as the product of benevolence, and thereby come to see that the substantive action-guiding content of benevolence in fact has the greater value to contemporary life. (shrink)

[Adapted from publisher-provided promotional materials by English Book Review Editor, Janny HC Leung]M. Catherine Gruber (2014) I’m Sorry for What I’ve Done: The Language of Courtroom Apologies. Oxford University Press, USA, ISBN: 978-0-19-932566-5This book examines 52 apologetic allocutions produced during federal sentencing hearings. The practice of inviting defendants to make a statement in their own behalf is a long-standing one and it is understood as offering defendants the opportunity to impress a judge or jury with their remorse, which could (...) be a factor in the sentence that is imposed. Defendants raised the topics of the offense, mitigation, future behaviour and the sentence in different ways and this book explores the pros and cons associated with the different strategies that they used. Based on corpus data, Gruber argues that the application of Austin’s (1962) performative–constative continuum reveals that offense-related utterances that fall closer to the constative end are.. (shrink)

Madhyamaka and Yogācāra are two Mahāyāna schools which have distinct systems. In the seventh century East Asia, the doctrinal distinction between the two schools was received as doctrinal contrast in the polemic circumstance of Emptiness-Existence controversy. In this context, Ji 基, the putative founder of East Asian Yogācāra school, has been normally considered by scholars to have advocated ‘Existence’ in opposition to ‘Emptiness’. It is problematic, however, to brand Ji’s Yogācāra position simply as anti-Madhyamaka. Although Ji evidently expresses evident criticism (...) on such a Madhyamaka exegete as Bhāvaviveka in some of his works, he also describes Bhāvaviveka in an amicable or even respective way in other works. By analyzing Ji’s extant works, this article argues that Ji’s scholastic attitude toward Madhyamaka changed from criticism to approval. (shrink)

The ‘mind-made body’ is seen as a subtle body attained by a Buddhist adept during meditative practice. Previous research has elucidated this concept as having important doctrinal significance in the Buddhist cosmological system. The P?li canonical evidence shows that the manomaya-k?ya is not merely a spiritual byproduct of meditative training, but also a specific existential mode of being in the system of the three realms. Studies of the manomaya-k?ya to date, however, have focused mostly on early P?li materials, and thus (...) do not encompass theoretical development and soteriological significance of this notion in later tradition. As a beginning step to fill this gap, this article explores the meanings of the manomaya-k?ya represented in the?r?m?l?dev? S?tra and the two treatises of the Ratnagotravibh?ga??stra and the Foxing lun, which are doctrinally based on the?r?m?l?dev? S?tra in their discussion of the manomaya-k?ya. Through the observation of the manomaya-k?ya in these Mah?y?na texts, this article seeks to demonstrate how the concept is used in the broader cosmological and soteriological system of Mah?y?na tradition. For this purpose, I first review the meanings of the manomaya-k?ya in early Buddhist texts and then observe the cosmological and soteriological meaning of the notion by analyzing the theoretical connection between the three Mah?y?na texts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Legal CommentarySumy Menon, Senior Associate in ResearchThis case involves the balancing of a young person’s right to autonomy and the desire to protect her from harm. No Singapore court decision has determined whether the doctor owes a duty to the parents of the doctor’s 16-year-old patient, to warn them that their child is engaging in sexual activities, and who subsequently has had an abortion. Similarly, the issue of whether (...) the doctor has a duty to protect the minor in such circumstances has also not been tested in the Singapore courts. Nonetheless, it is very unlikely that either duty will be found in this case.The general rule is that doctors owe a duty of confidentiality to their patients. This duty extends to children, and although no Singapore court has ruled on the matter, the law in England is clear.1 It is enshrined in section 4.2.3.1 of the Ethical Code & Ethical Guidelines of the Singapore Medical Council. It is not absolute and a number of exceptions have been carved out. The confidentiality duty can be overridden by legislation, court order, the public interest, or other justifiable circumstances that the doctor believes warrants disclosure.The age of consent for non-commercial consensual sexual activities in Singapore is 16.2 Therefore, there is no statutory responsibility on Dr. C under the criminal law to report the patients’ sexual activities to the authorities or anyone else. There is no other legislation or court order that compels disclosure. It is highly unlikely that the public interest would be served by disclosure. The consequences of such disclosure to the public interest were aptly put in a recent English case, when J. Silber held that if a confidentiality duty was not imposed, it “would probably or might well deter young people [End Page 262] from seeking advice and treatment on contraception, sexually transmitted diseases and abortion, and this would have undesirable and troubled consequences”.3 The last exception offers the greatest latitude for doctors to disclose if they believe there are other justifiable circumstances that would shift the balance in favour of disclosure. There are strong reasons to maintain confidentiality in Miss M’s case and although an argument can be made for disclosure, that argument is relatively weak.Miss M’s parents are understandably worried about her but Dr. C should not breach the duty of confidentiality owed to the patient even though she is only 16 years old. It is irrelevant that Miss M’s parents are paying for their daughter’s treatment. The doctor-patient relationship is between Dr. C and Miss M, and her parents have never been involved in the consultations or treatment decision-making process. They have not insisted on attending the consultations with their daughter, nor did they appear to object to Miss M consenting to treatment. Prior to their complaint, they had not sought any update or information about their daughter’s condition from Dr. C. Miss M specifically asked Dr. C not to reveal the contents of their conversations to her parents at the first consultation and the doctor agreed after attempting to convince her that it would be preferable to include her parents in the consultations. Miss M was obviously concerned about confidentiality and sought clarification from Dr. C. It appears as though Dr. C determined that Miss M had the capacity to exclude her parents from the consultations, and later to make her own treatment decisions, as a mature minor, and their doctor-patient relationship proceeded on that basis.It may be in the public interest for Dr. C to disclose confidential information about Miss M, even if she refuses to consent to it, if the doctor believes it is necessary to protect her from serious harm. Any such decision must be made with the patient’s best interests in mind. Examples of such harm include situations where the patient is at risk of serious physical abuse or has voiced a desire to commit suicide. Engaging in sexual activity with an older boy is unlikely to result in such serious harm, although harm may result. In this case, that harm manifested itself in an unwanted pregnancy... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Legal CommentarySumy Menon, Senior Associate in ResearchThe principle of autonomy must be balanced against the need to protect the person from harm. The question is how to strike that balance and what tips it over to either side. In this case, the right for Mdm. W to make her own decision whether to undergo electroconvulsive therapy (ECT) must be balanced against the concern of the doctors and her relatives (...) regarding the possible consequences of not receiving the treatment. However, this question does not even arise if Mdm. W has capacity to make that decision. Mdm. W is the decision-maker for ECT treatment if she has capacity to make that decision.1The statutory regime that underpins decision-making for persons who may lack capacity is the Singapore Mental Capacity Act (SMCA).2 It is grounded in five Statutory Principles.3 The first three are the presumption the person has capacity, has the right to make an unwise decision, and the requirement that all practicable steps be taken to help the person make a decision. The fourth principle requires decisions made on behalf of the person lacking capacity to be taken in his or her best interests, and the final one states that the less restrictive option must be selected when making decisions for persons lacking capacity.The best practice is for the doctor to conduct a formal mental capacity assessment to determine whether Mdm. W can refuse consent for ECT. A formal assessment is appropriate in these circumstances because the decision is an important one concerning serious medical treatment.4 A trained specialist should conduct this assessment. The two-stage test for mental capacity is laid out in the SMCA.5 The first stage appears to be met because it requires the person to be suffering from an impairment or disturbance that affects the function of [End Page 227] the mind or brain, and Mdm. W has bipolar disorder. The second stage requires the bipolar disorder to render Mdm. W unable to make a decision at the time the decision needs to be made. The SMCA states that a person is unable to make a decision if he or she cannot understand the information, weigh up the information, remember the information or communicate the decision.6If the formal assessment concludes that Mdm. W lacks capacity to refuse ECT treatment, then the decision should be taken in her best interests.7 Mdm. W ’s relatives have no legal right to make decisions on her behalf unless she has appointed one or more of her relatives to be her healthcare proxy under a valid Lasting Power of Attorney (LPA).8 If she made such an LPA, then the appointed proxy is the final decision-maker unless the treatment is life-sustaining or the doctor reasonably believes the treatment is necessary to prevent a serious deterioration in Mdm. W’s health.9 It is arguable that a clear and present danger of suicide may be reasonably classified by the doctor as a serious deterioration in Mdm. W’s health, although this issue has not been tested in the Singapore courts, which would mean that the appointed proxy would have to yield to the doctor as the final decision-maker. If Mdm. W did not make such an LPA, then the decision must be taken in her best interests, and is likely to be taken jointly between the healthcare team and the relatives.The best interests test involves a holistic appraisal of factors,10 balancing the benefits and burdens of the proposed ECT. The relevant factors that should be considered here include whether, when or if Mdm. W is likely to regain capacity, her beliefs and values, her past and present wishes, and the views of her relatives.11 We do not have any information about the first two factors but we do know Mdm. W rejected ECT and her relatives think she should have ECT. Another relevant factor is that Mdm. W is unlikely to cooperate with the pre-treatment fasting requirements or agree to undergo general anaesthesia. Therefore, Mdm. W will need to be restrained for eight hours before each treatment. There will be a total of six... (shrink)

In this paper we investigate nonnormal modal systems in the vicinity of the Lewis system S1. It might be claimed that Lewis's modal systems (S1, S2, S3, S4, and S5) are the starting point of modern modal logics. However, our interests in the Lewis systems and their relatives are not (merely) historical. They possess certain syntactical features and their frames certain structural properties that are of interest to us. Our starting point is not S1, but a weaker logic S1 (S1 (...) without the schema [T]). We extend it to S1D, which can be considered as a deontic counterpart of the alethic S1. Soundness and completeness of these systems are then demonstrated within a prenormal idiom. We conclude with some philosophical remarks on the interpretation of our deontic logic. (shrink)

Drawing on recent feminist discussions, this collection critically reassesses ideas about agency, exploring the relationship between agency and coercion in greater depth and across a range of disciplinary perspectives and ethical contexts.

This book addresses two central questions: What does it mean to shift the epistemic centre of human rights thinking and to decolonise global human rights? And, how to study the 'active' conceptual, empirical, epistemic and political life of rights in 'most of the world'? To address these questions, this book introduces and develops the framework of vernacular rights cultures. The study of vernacular rights cultures is an interdisciplinary, conceptual, epistemic, methodological and empirical project. It intervenes in the current impasse of (...) human rights debates to offer a framework through which the complexity and dynamism of rights-based mobilisations might be analytically captured, not simply as those which are mimetic, and engaged in the translation, enactment and localization of 'global human rights', but rather as those which have their specific languages of rights and entitlements grounded in specific political imaginaries, justificatory premises and subjectivities. Through a conceptual and ethnographic tracking of the Urdu/Arabic word haq across subaltern citizen mobilizations in India and Pakistan, the book analyses the deployment of rights in the vernacular in South Asia including the political, epistemic and ethical agency released by this rights politics. By focusing on the claims for rights/haq by marginalised and very poor women including dalit and indigenous women within grassroots mobilisations demanding rights to food, employment, public information/accountability and land rights in rural movements in India and Pakistan, the book documents the specific gendered political imaginaries that inform rights struggles in the subcontinent. (shrink)

In Heidegger’s Black Notebooks some ideas about political embodiment can be found, which have come under suspicion to justify the Third Reich’s race law. In the following article, the analysis and discussion of Heidegger’s political embodiment will firstly be traced back to the traditional understanding of the human as a “rational animal”, and will then look at how the “racial being” is subsequently developed and eventually transformed into political absolute subjectivism. Moreover, Heidegger’s in-depth explanation and critique on Nietzsche’s metaphysics, which (...) he views as having transformed human experiences to a metaphysical representation and thus misunderstanding human nature, will also be clarified. Through Heidegger’s critic on biologism, a profound disclosure which potentially imply an attack of the racism at his time can be shown. Furthermore, Heidegger’s thinking of Being as a kind of emancipation of European political embodiment will also be analyzed. Lastly, although Heidegger and Confucianism have different ideas of lived-body, both schools basically show the same fundamental understanding of human nature. In regard to this, their understanding of political embodiment, their similarities and divergences, will be elucidated. (shrink)

In this paper, I shall make the following propositions: in order to conceptually capture and represent the acts of political protest in a state of exception, we will need to reorient and supplement our representational apparatuses and also our theoretical frameworks for thinking about the gendered modes of protest under emergency laws and political abandonment. Through an analysis of the ‘naked protest’ of the Meira Peibis in Manipur, a ‘state of exception’ in democratic India, I shall argue that a series (...) of supplementations to our current thinking on intersectionality, bare life and political subjectivation are required if we are to make sense of political acts of resistance, refusal and disavowal of the law of exception. (shrink)

日本思想史の真髄に迫る論考と座談。天皇制・丸山眞男・日本仏教・慈円の考察から日本文化に潜む外来と固有の対立・融合を読み解く。.

Obstetric ultrasound is the well-recognized prenatal test used to visualize and determine the condition of a pregnant woman and her fetus. Apart from the clinical application, some businesses have started promoting the use of fetal ultrasound machines for nonmedical reasons. Non-medical fetal ultrasound (also known as ‘keepsake’ ultrasound) is defined as using ultrasound to view, take a picture, or determine the sex of a fetus without a medical indication. Notwithstanding the guidelines and warnings regarding ultrasound safety issued by governments and (...) professional bodies, the absence of scientifically proven physical harm to fetuses from this procedure seems to provide these businesses with grounds for rapid expansion. However, this argument is too simplistic because current epidemiological evidence is not synchronous with advancing ultrasound technology. As non-medical fetal ultrasound has aroused very significant public attention, a thorough ethical analysis of this topic is essential. Using a multifaceted approach, we analyse the ethical perspective of non-medical fetal ultrasound in terms of the expectant mother, the fetus and health professionals. After applying four major theories of ethics and principles (the precautionary principle; theories of consequentialism and impartiality; duty-based theory; and rights-based theories), we conclude that obstetric ultrasound practice is ethically justifiable only if the indication for its use is based on medical evidence. Non-medical fetal ultrasound can be considered ethically unjustifiable. Nevertheless, the ethical analysis of this issue is time dependent owing to rapid advancements in ultrasound technology and the safety issue. The role of health professionals in ensuring that obstetric ultrasound is an ethically justifiable practice is also discussed. (shrink)

In this article, I raise a question and acknowledge a ‘feminist debt’. The ‘feminist debt’ is to the politics of location, and the question asks: what particular stipulations and enablements does a critical reflexive feminist politics of location put in place for knowledge production and for doing feminist theory? I suggest that there are at least three stipulations/enablements that a critical reflexive politics of location puts in place for knowledge production. Firstly, it demands/enables scholarly accounts to reveal their location within (...) the prevailing entanglements of power relations and to highlight the politics of struggle that underpin these. Secondly, it demands/enables conceptual work from different geographical spaces – and in particular, it facilitates the production of conceptual work in non-standard background contexts and conditions. And finally, a critical reflexive politics of location demands/enables a methodological response to capture the different conceptual and analytical and empirical knowledges produced in different locations. (shrink)

This paper is a theoretical and empirical investigation into whether persons in subordinate social contexts possess agency and if they do, how do we recognise and recover their agency given the oppressive conditions of their lives. It aims to achieve this through forging closer links between the philosophical arguments and the ethnographic evidence of women's agency. Through such an exercise, this paper hopes to bridge the existing gap between feminist theoretical interventions and feminist politics as well as to increase 'sociological (...) awareness' within feminist philosophical arguments. In order to think about women's agency in oppressive social contexts, the paper evaluates the suitability of existing theoretical frameworks for examining, describing and capturing the autonomy of persons and concludes that a new and a more complex thinking is required to facilitate thinking about human agency within oppressive transcultural contexts. The social context of subordination, the exhibition of agency within and oppressive context and the application of the new theoretical framework is illustrated in an extensive empirical study of the contact with modernity and its accompanying ideas of autonomy and individual rights of rural women belonging to two districts in Rajasthan, North western India. (shrink)

An ontology of information belies our common intuitions about reality today and animates and governs both explicit scholarly study in philosophy and the sciences as well as the ideologies that are growing out of them. Transhumanism is one such technoscientific ideology that holds to a very specific ontology of information which need not be the only one on offer. This article argues that the transhumanist ontology of information exhibits gnostic and docetic religious overtones in it and that it devalues physical (...) existence. At the same time, despite claiming a rejection of supernature, hypothetical transhumanist practices (such as mind‐uploading) posit the infosphere as a kind of supernatural realm that is often set in opposition to the natural world. This article presents a critique of transhumanist conceptions of information and offers an alternative ontology of information that more adequately accounts for the distinction between the natural and supernatural as well as the integrity of the physical world. (shrink)

Abstract Objective Intuitive inquiry meditation is a unique form of Buddhist Zen/Chan practice in which individuals actively and intuitively utilize the cognitive functions to cultivate doubt and explore the concept of the self. This event-related potential (ERP) study aimed to investigate the neural correlates by which long-term practice of intuitive inquiry meditation induces flexibility in self-schema processing, highlighting the role of doubt and belief processes in this exploration. Methods Twenty experienced and eighteen beginner meditators in intuitive inquiry meditation were recruited (...) for this ERP study. The interactions of doubt and belief processes with concepts of the self and Buddha were investigated. A 128-channel electroencephalography (EEG) system was used to collect EEG data. The ERP data were processed and analyzed using EEGLAB. Results The data showed a double dissociation between beginners and experienced meditators (monks) in the concepts of the self and Buddha: intuitive inquiry meditation reduced the brain activity of beginners when viewing Buddha image but not when viewing a picture of themselves. However, in experienced meditators, intuitive inquiry meditation reduced brain activity when they viewed images of themselves but not when they viewed Buddha image. Further event-related spectral perturbation (ERSP) analysis revealed that experienced meditators had a greater theta spectral power and higher intertrial coherence (ITC), indicating that they could more flexibly modulate ongoing cognitive processes than beginner meditators. Conclusion Intuitive inquiry meditation could help beginner meditators detach from the concept of Buddha but not from that of the self. However, in experienced meditators, the opposite was true. ERSP analysis showed that only experienced meditators exhibited significant alterations in brain activity dynamics during intuitive inquiry meditation, which might enable these practitioners to become spontaneously detached from the concept of the self. These findings revealed the neural mechanism by which long-term practice of intuitive inquiry meditation can influence the doubting process and its effect on self-schema processing. (shrink)

The purpose of this paper is to propose a framework of ethics education that promotes the structured learning of ethics in the accounting discipline. The Ethics Education Framework is based on three key inter-related components that includes: Rest’s Four-Component Model of ethical decision-making and behaviour; the key cognitive and behavioural objectives of ethics education; and the discrete and pervasive approaches to delivering content. The EEF providesuniversity students and professional accountants a structure to learn to identify, analyse, and resolve ethical issues (...) to the point of action. The EEF is a four-stage learning continuum represented as a set of building blocks which introduces ethical concepts and then reinforces and develops new levels of understanding with progressive stages. This paper describes the EEF, and includes a discussion of how it compares with other ethics education models, and an analysis of the support through responses by professional organisations, as the initial International Education Practice Statement). The IFAC has now revised its International Education Standard in relation to ethics, with a commentary period till July 2011. (shrink)

In this paper we investigate nonnormal modal systems in the vicinity of the Lewis system S1. It might be claimed that Lewis's modal systems are the starting point of modern modal logics. However, our interests in the Lewis systems and their relatives are not historical. They possess certain syntactical features and their frames certain structural properties that are of interest to us. Our starting point is not S1, but a weaker logic S1$^0$. We extend it to S1$^0$D, which can be (...) considered as a deontic counterpart of the alethic S1. Soundness and completeness of these systems are then demonstrated within a prenormal idiom. We conclude with some philosophical remarks on the interpretation of our deontic logic. (shrink)

In recent years, there has been increased awareness of unethical consumer practices in Asian countries. Asian consumers have gained a bad reputation for buying counterfeit products, such as computer software, fashion clothing and watches. In 1993, the estimated losses to US software companies due to Chinese counterfeiting stood at US $322 million (Kohut, 1994). The present study uses a consumer ethics scale developed by Muncy and Vitell (1992) to investigate consumers' ethical judgments from a Chinese perspective. The result shows that (...) consumers in different cultures utilize similar rules to assess the ethicality of a given situation. However, findings also show certain cultural elements that are unique in influencing Chinese consumers' ethical judgments. The results also indicate the need for the continued development of and investment in consumer education in Asia. (shrink)

We consider a setting where a decision maker’s uncertainty is represented by a set of probability measures, rather than a single measure. Measure-by-measure updating of such a set of measures upon acquiring new information is well known to suffer from problems. To deal with these problems, we propose using weighted sets of probabilities: a representation where each measure is associated with a weight, which denotes its significance. We describe a natural approach to updating in such a situation and a natural (...) approach to determining the weights. We then show how this representation can be used in decision making, by modifying a standard approach to decision making—minimizing expected regret—to obtain minimax weighted expected regret. We provide an axiomatization that characterizes preferences induced by MWER both in the static and dynamic case. (shrink)

The purpose of this paper is to propose a framework of ethics education that promotes the structured learning of ethics in the accounting discipline. The Ethics Education Framework (EEF) is based on three key inter-related components that includes: Rest’s (1986) Four-Component Model of ethical decision-making and behaviour; the key cognitive and behavioural objectives of ethics education; and the discrete and pervasive approaches to delivering content. The EEF providesuniversity students and professional accountants a structure to learn to identify, analyse, and resolve (...) ethical issues to the point of action. The EEF is a four-stage learning continuum represented as a set of building blocks which introduces ethical concepts and then reinforces and develops new levels of understanding with progressive stages. This paper describes the EEF, and includes a discussion of how it compares with other ethics education models, and an analysis of the support through responses by professional organisations (based on an Exposure Draft issued by the International Federation of Accountants (IFAC), as the initial International Education Practice Statement). The IFAC has now revised its International Education Standard (IES 4) in relation to ethics, with a commentary period till July 2011. (shrink)

Summary As part of the events marking Nero’s assumption of the toga virilis in 51 CE, he along with Britannicus led the circus procession (pompa circensis) in advance of games in the Circus Maximus. The aim of this paper is to reconstruct this pompa circensis, both in its processional elements and route through the city. The presence of potential successors along with images of the deified and honored dead of the imperial family shows how this ceremony evolved and expanded in (...) the Principate to become a dynastic ceremony. The route of the newly modified pompa circensis, marked by monuments built by or dedicated to members of the imperial family, also had become increasingly dynastic. An essential element of the pompa circensis was the participation of the senate and equestrian order as well as the urban plebs, an act of performed consensus fully realized when the procession ended in the Circus Maximus. This circus procession, as reconstructed here, has further implications for the larger question of the imperial succession under Claudius. (shrink)