本书共收录了丘汉平在《法学杂志》和《东方杂志》等刊物公开发表的法学论文36篇,涉及领域有法理学、法史学、宪法学、民商法学、罗马法、华侨问题等。.

‘Individualized medicine’ is an emerging paradigm in clinical life science research. We conducted a socio-empirical interview study in a leading German clinical research group, aiming at implementing ‘individualized medicine’ of colorectal cancer. The goal was to investigate moral and social issues related to physician–patient interaction and clinical care, and to identify the points raised, supported and rejected by the physicians and researchers. Up to now there has been only limited insight into how experts dedicated to individualized medicine view its problems. (...) Interviews with researchers and clinicians were based on a prestructured questionnaire. The content analysis revealed a broad spectrum of opinions. Major findings were disappointments with the limits of the current therapy regimen and clinical practice; problematic impacts on physician–patient relationship; and an informed consent procedure which is mainly based on paternalistic assumptions. According to our analysis, major problems will be uncertainties related to the biomarker's sensitivity and specificity, and the identification of ‘non-responders’. However, the findings also indicate that experts expect evidence-based medicine to replace decisions based on gut feeling or hierarchical structures. (shrink)

Prior research indicates that managers’ dark personality traits increase their tendency to engage in disruptive and unethical organizational behaviors including accounting earnings management. Other research suggests that the prevalence of dark personalities in management may represent an accidental byproduct of selecting managers with accompanying desirable attributes that fit the stereotype of a “strong leader.” Our paper posits that organizations may hire some managers who have dark personality traits because their willingness to push ethical boundaries aligns with organizational objectives, particularly in (...) the accounting context where ethical considerations are especially important. Using several validation studies and experiments, we find that experienced executives and recruiting professionals favor hiring a candidate with dark personality traits into an accounting management position over an otherwise better-qualified candidate when the hiring organization faces pressure to manage earnings. Our results help to illuminate why individuals with dark personality traits may effectively compete for high-level accounting positions. (shrink)

Published in German during the last 15 years, the 13 essays in this volume provide readers with valuable knowledge of the much discussed theme of hermeneutics today. Gadamer was an early student of Martin Heidegger and has been a lifelong friend and interpreter. These essays are an outgrowth of Gadamer's Truth and Method. They can be understood, however, independently of it. Gadamer's standpoint is a blend of Hegel's and Heidegger's, with his own independent development in part. The book contains a (...) long and highly competent introduction by the editor, David E. Linge, who has translated most of the essays. - Choice, on back cover. (shrink)

Voluntary disclosures of sustainability information have recently received considerable attention by investors, regulators, and public companies in improving reliability and integrity of corporate reporting. We examine the association between the quantity and quality of sustainability disclosures and earnings quality in the context of corporate ethical value and culture. We posit that sustainability disclosures of environmental, social, and governance (ESG) performance reports are linked to earnings quality, because of the importance of both earnings quality and ESG sustainability disclosures to investors and (...) trustworthiness of corporate reporting. We collect our sample of 35,110 firm-year observations between 1999 and 2015. Using both difference-in-difference tests and OLS regression, we find that sustainability disclosure quantity is positively associated with innate earnings quality and negatively correlated with discretionary earnings quality in mitigating managerial earnings manipulation and unethical opportunistic reporting behavior. Further tests illustrate that sustainability disclosure quality can strengthen the positive relation between innate earnings quality and sustainability disclosure quantity and mitigate the negative relation between discretionary earnings quality and sustainability disclosure quantity. Finally, additional tests suggest that the relation between earnings quality and sustainability disclosure quantity is moderated by corporate structure and prior-year sustainability performance. Our results provide policy, practical, and research implications as ESG sustainability reporting is being integrated into corporate culture and business models. (shrink)

We examine the link between a firm’s environmental and social disclosures and measures of its risk including total, systematic, and idiosyncratic risk. While we do not find any link between a firm’s E and S disclosures and its systematic risk, we find a negative and significant association between these disclosures and a firm’s total and idiosyncratic risk. These are novel findings and are consistent with the predictions of the stakeholder theory and the resource-based view of the firm suggesting that firms (...) which make extensive and objective E and S disclosures promote corporate transparency that can help them build a positive reputation and trust with their stakeholders. This in turn can help mitigate the firms' idiosyncratic/operational risk. These findings are important for all corporate stakeholders including managers, employees, and suppliers who have a significant economic interest in the survival and success of the firm. (shrink)

In this study, we built and tested a theoretical model to determine how ethical leadership affects team creativity among teams composed of different characteristics. Following social learning theory and an antecedent–benefit–cost framework, we conducted analyses of multisource data from 50 team supervisors and 186 employees, which revealed an inverted U-shaped relationship between ethical leadership and team creativity. The teams exhibited more creativity when there was a moderate level of ethical leadership than when there were very low or very high levels. (...) Moreover, from an interactional perspective, we found that team faultlines significantly moderated the curvilinear relationship between ethical leadership and team creativity such that the inverted U-shaped relationship was more significant among teams with weak team faultlines. The theoretical and practical implications of these findings are discussed. (shrink)

This study focuses on mindfulness programs in the corporate world, which are receiving increasing attention from business practitioners and organizational scholars. The workplace mindfulness literature is rapidly evolving, but most studies are oriented toward demonstrating the positive impacts of mindfulness as a state of mind. This study adopts a critical perspective to evaluate workplace mindfulness practice as a developmental process, with a focus on its potential risks that have ethical implications and are currently neglected by both researchers and practitioners. We (...) draw from a Buddhist perspective that understands mindfulness training as an ethics-based, longitudinal, and holistic path. To this end, we develop a four-stage model to illustrate a potential developmental process for participants in workplace mindfulness programs. This model comprises four stages of preliminary concentration, deep concentration, self-transcendence, and reengagement, each of which has its own underlying characteristics and impacts on individual participants and organizations. (shrink)

Bd. 1. System des menschlichen Erkennens -- Bd. 2. Die stammesgeschichtliche Entwicklung des menschlichen Sprechens -- Bd. 3. Die Entwicklung der Operation "Messen" -- Bd. 4. Die Evolution der instrumentellen Wahrnehmung -- Bd. 5. Die Genesis des schlussfolgernden Denkens -- Bd. 6. Die evolutionären Stufen der Analyse (des Scheidens und Unterscheidens) -- Bd. 7. Das Werden des Vorstellens (Geistes) -- Bd. 8. Die Mechanisierung und Automation der erkennenden Akte und Operationen -- Bd. 9. Die Entstehung des beziehenden Denkens -- Bd. (...) 10. Der phylogenetische Weg der Zeichengebung (Entwicklung der Elemente der Verständigung) -- Bd. 11. Der Irrtum -- Bd. 12. Kritik der Erkenntnislehre des transzendentalen Idealismus Immanuel Kants. (shrink)

Using Bakhtin's notion of polyphony, this study explored the discussion of the end-of-life issues in the Course on Life and Death Education in one Chinese university. Ethnographic methods were adopted to investigate the collision between the classroom voices and the voices of the mainstream culture on end-of-life in the process of developing students' attitudes toward death. The findings revealed that “to understand death” involved challenging the voice of “strangeness and fear of death”; “honestly facing up to and accepting the feelings (...) of the fear, pain, and helplessness” was the response to “be brave”; and the goal “to die peacefully” resisted the notion of “extending life at any cost.” Through the collision between these voices, students developed their attitudes toward death in facing, understanding, accepting, and choosing how to die. The analysis further revealed that providing only one “answer” to death by the teacher is not sufficient or effective to foster students' attitudes toward death because the students are a diverse group holding different views on the end-of-life issues, which demonstrated the importance of creating dialogues in the life and death education. (shrink)

Customers are increasingly talking positively about brands that are socially responsible and authentic. However, little empirical research has related corporate social responsibility (CSR) to brand authenticity and brand authenticity to customers’ positive word-of-mouth. Moreover, although highly attractive alternative brands are increasingly appearing in the marketplace, there is a lack of research examining the role of alternative attractiveness in the relationship between CSR and brand authenticity. We address these shortcomings in the literature drawing on data from 1,101 customers of insurance services (...) brands and analyze them using structural equation modeling. The findings show that CSR is positively related to customers’ positive word-of-mouth, both directly and indirectly, through brand authenticity. Moreover, alternative attractiveness positively moderates the effect of CSR on brand authenticity. This implies that CSR can act as a differentiation mechanism to further enhance the focal brand’s authenticity, when an alternative brand is perceived as highly attractive. (shrink)

The need for sustainable corporate governance has gained the interests of researchers for a while now and it has been found as a very significant component of successful organizational operations. The current paper has examined the role of sustainable corporate governance in achieving sustainable economic space along with measuring the indirect impact of technological innovation and IT governance on the whole process. This paper has followed the quantitative-positivism approach to measure the hypotheses developed in the study. The population considered in (...) this study are the managers currently employed in the corporate sector in China. The data is analyzed using the Smart-PLS 3.3.3 software for checking the data for preliminary screening and the measurement of hypotheses. The findings of the study show that the three components of sustainable corporate governance, i.e., concern for employees, sustainable corporate governance awareness, and the environmental aspects have a significant as well as a positive effect on technological innovation and hence on the sustainable economic space. Similarly, the study has recorded a significant moderating effect of IT governance on the relationship of technological innovation and the sustainable economic space. Overall, it can be seen that corporate governance, innovative technology, and a sustainable digital economy share a reciprocal relationship. Where corporate governance helps as a supporting force to keep both innovation and sustainability in action. Whereas IT governance provides enhanced communication and delivery of public services, business, and advanced human capital. The study will be of high advantage for the corporate sector in China for devising and modifying their policies that consider the employee’s concerns for the governance mechanisms prevailing at priority in the organizations. Further, it will be interesting for the organizations to incorporate the IT governance mechanism in their technological innovations for achieving a sustainable economic space. (shrink)

In this paper, we present a probabilistic-based method to predict malaria disease at an early stage. Malaria is a very dangerous disease that creates a lot of health problems. Therefore, there is a need for a system that helps us to recognize this disease at early stages through the visual symptoms and from the environmental data. In this paper, we proposed a Bayesian network model to predict the occurrences of malaria disease. The proposed BN model is built on different attributes (...) of the patient’s symptoms and environmental data which are divided into training and testing parts. Our proposed BN model when evaluated on the collected dataset found promising results with an accuracy of 81%. One the other hand, F1 score is also a good evaluation of these probabilistic models because there is a huge variation in class data. The complexity of these models is very high due to the increase of parent nodes in the given influence diagram, and the conditional probability table also becomes more complex. (shrink)

Chinese medicine has a history of at least 2,000 years. The first explicit literature on medical ethics did not appear until the seventh century when a physician named Sun Simiao wrote a famous treatise titled “On the Absolute Sincerity of Great Physicians” in his work The Important Prescriptions Worth a Thousand Pieces of Gold. In this treatise, later called The Chinese Hippocratic Oath, Sun Simiao required the physician to develop first a sense of compassion and piety, and then to make (...) a commitment to try to save every living creature, to treat every patient on equal grounds, and to avoid seeking wealth because of his expertise. (shrink)

PurposeTo examine the influence of family functioning on college students’ loneliness and the mediating effects of core self-evaluation and problematic mobile phone use.MethodsFamily Function Scale, Core Self-evaluation Scale, Problem Mobile Phone Use Scale, and Loneliness Scale were used to investigate 8,524 college students.Results Family functioning positively predicted core self-evaluation and negatively predicted loneliness ; Core self-evaluation negatively predicted problematic mobile phone use and loneliness ; Problematic mobile phone use significantly positively predicted loneliness ; Core self-evaluation and problematic mobile phone use (...) showed a significant chain-mediation effect between family functioning and loneliness.ConclusionThe results are helpful to comprehend the producing mechanism of loneliness and provide a theoretical basis for the intervention of loneliness. (shrink)

In this paper, we draw on insights from theories in the management and corporate governance literature to develop a theoretical model that makes explicit the links between a firm’s corporate social responsibility related board attributes, its board CSR strategy, and its environmental and social performance. We then test the model using structural equation modeling approach. We find that the greater the CSR orientation of the board, the more proactive and comprehensive the firm’s CSR strategy, and the higher its environmental and (...) social performance. Moreover, we find this link to be endogenous and self-reinforcing, with superior CSR performers tending to further strengthen their board CSR orientation. This result while positive is also suggestive of the widening of the gap between the leads and laggards in CSR. Therefore, the question arises as to how ‘leaders’ are using their superior CSR competencies seen by many scholars as a source of corporate competitive advantage. Stakeholders of corporations therefore need to be cognizant of this aspect of CSR when evaluating a firm’s CSR activities. Policy makers also need to be cognizant of these concerns when designing regulation in this field. (shrink)

This is a review of the literature in the philosophy of medicine published in China from 1930 to 1980. The topics dealt with include the relationship between medicine and philosophy, the basic concepts of medicine, etiology and causality, the bearing of psychology on physiology and pathology, epistemology in diagnostics, methodology of medical sciences, philosophical and methological problems in traditional Chinese medicine, philosophical problems in health policy, and medical ethics.

Uncertainty for policy makers is not new but the pressure to make decisions under conditions of uncertainty is perhaps greater than ever. The arrival of new scientific developments such as pharmacogenetics offers potentially great benefits . They have passionate supporters as well as doubters. The evidence is often extensive but unclear and policy makers may find themselves under pressure to make decisions before they feel that the evidence is compelling.The UK is particularly well placed to play a leading role in (...) the development of pharmacogenetics and is equally well placed to derive the benefits to both health and wealth that could flow from this. However, the uncertainties threaten to overwhelm the capacity of policy makers to act effectively. The uncertainties are both about the context within which the science and delivery of pharmacogentics is being developed and about the interests that could be served. This paper maps these uncertainties and concludes with some suggestions, drawing on deliberative democracy and futures thinking, as to how policy makers might manage the tensions and dilemmas they face by moving from an unstable, emergent policy arena to a more stable one. (shrink)