Illocutionary and Perlocutionary Acts in Chinese Judge's Attached Discourse After 2002, courts in China have increasingly been introducing certain judicial reforms, one of them being the improvement of trial language. In these courts, the judges append their comments to the case at the end of their verdicts in writing. The Chinese judge's attached discourses resemble the obiter dicta of judges in Western courts, but there are differences. Since the new element was introduced in some courts in 1998, some doubts have (...) been voiced in strong opposition to the new practice, giving rise to a heated academic debate on the issue. This paper investigates and analyses Chinese judge's attached discourse in terms of discourse analysis categories, such as their usage of illocutionary and perlocutionary acts. (shrink)

本书对构成现代西方哲学思潮的人本主义进行研究,以神话故事蕴涵的深刻意义为缘起论述西方人本主义思想的历史发展,并对中国传统文化人本主义思想进行探析等。.

It is still hard to ascertain when the landlord economy (in the exploitation form of a tenancy system) in China got started. At least, however, it was during the middle of the Warring States period, that is, the time of Mencius, that the earliest land issue in China was brought up. Raising the issue was a reflection of how the phenomenon of uneven distribution of wealth surfaced and developed in ancient times. The landlord economy based on the exploitation form of (...) a tenancy system came into existence in the wake of the widening of the uneven distribution of wealth in society. Therefore, we can presume that the landlord economy began to emerge during the middle of the Warring States period at the latest. It seems certain that the landlord economy was already an established fact toward the end of that period. For example, Han Fei noted in his representative writing "On Outstanding Schools": "When discussing the problem how to rule, most of the contemporary scholars propose: ‘Divide the land among the poor to provide resources for the have-nots.’" This shows the problem of uneven distribution of wealth, and the issue of land grew quite serious by that time. This was the first instance that the ruling class advanced the policy of "even distribution of land" in order to mitigate class contradiction. (In the time of Mencius, it seemed the system of "granting land" had not been totally abolished in the eastern states. Therefore Mencius proposed the land policy, aside from maintaining the system of "nine squares," of "restricting the people's property." From this phenomenon we can presume that the landlord economy had, it seemed, already begun to gain ground.) In consequence, out of the Confucians representing the reformists among the patriarchal nobilities emerged such intellectuals as Xun Zi who basically represented the interests of the landlord class. From that time onward, the Confucians gradually integrated themselves with the landlord class. Following the emergence and growth of the landlord economy, it became increasingly evident for China to move toward a unified country. There was the necessity for the small-sized centralized feudal states which arose during the early years of the Warring States period to merge toward the end of the period into a centralized feudal monarchy which stood for the landlords' interest. Han Fei's doctrine was precisely a set of ideas that fitted in with the situation toward the end of the Warring States period and served the autocratic feudal country. (shrink)

The desire-satisfaction theory of welfare says that what is basically good for a subject is the satisfaction of his desires. One challenge to this view is the existence of quirky desires, such as a desire to count blades of grass. It is hard to see why anyone would desire such things, and thus hard to believe that the satisfaction of such desires could be basically good for anyone. This suggests that only some desires are basically good when satisfied, and that (...) desire satisfactionists owe us an account of which desires these are, and why. In "Quirky Desires and Well-Being," Donald Bruckner proposes such an account: a desire is welfare-relevant (i.e., such that its satisfaction would be basically good for its subject) if and only if and because its subject could describe its object in a way that makes it comprehensible what about the object attracts him or appeals to him. We are inclined to view quirky desires as welfare-irrelevant because we assume that their objects cannot be described in such a way. But if there were a quirky desire whose object could be so described by the subject whose desire it is, then this desire would be relevant to that subject's welfare. I will argue that while Bruckner's view delivers plausible verdicts about the cases to which it is meant to apply, its account of what makes a desire welfare-relevant is unmotivated and implausible. Desire satisfactionists can retain what is plausible about his view while endorsing a better explanation of why welfare-relevant desires have that status if they accept the following account instead: a desire is welfare-relevant if and only if and because something about its object attracts, or appeals to, the subject who has the desire. (shrink)

This essay draws on classical Confucian intellectual resources to argue that the person who emerges from a head transplant would be neither the person who provided the head, nor the person who provided the body, but a new, different person. We construct two types of argument to support this conclusion: one is based on the classical Confucian metaphysics of human life as qi activity; the other is grounded in the Confucian view of personal identity as being inseparable from one’s familial (...) relations. These Confucian ideas provide a reasonable alternative to the currently dominant view that one’s personal identity “follows” one’s head. Together, these arguments imply that head transplantation is ethically inappropriate. (shrink)

Das Problem des Seinsglaubens in der Phänomenologie Husserls läßt sich zweifelsohne zu deren zentralen Themen wie Wahmehmung, Phantasie und Zeitbewußtsein zählen und steht auch in engem Zusammenhang mit diesen. Das Buch Seinsglaube in der Phänomenologie Edmund Husserls versucht dieses Problem zu klaren und zu zeigen, wie weit Husserl bei der Lösung dieses Problems gekommen ist und welche Fragen dabei offen blieben, die weiterer Lösungen bedürfen. Zudem werden die Gründe für das Gelingen bzw. Mißlingen bei Husserls Bemühungen herausgearbeitet. Die Einleitung erörtert (...) die verschiedenen Bedeutungen des Begriffs 'Seinsglauben' und zeichnet den Ort des Seinsglaubens im phänomenologischen System Husserls vor. Der erste Teil des Buches stellt sich als Hauptaufgabe die Strukturanalyse des Seinsglaubens aus verschiedenen Aspekten. In den ersten vier Kapiteln wird Husserls Exposition der verschiedenen Richtungen des Seinsglaubens, der Modalitäten, Modifikationen sowie der Eigentlichkeit und der Uneigentlichkeit des Seinsglaubens stufenweise behandelt. Das V. Kapitel, das den zweiten Teil einleitet, bildet den Wendepunkt der Arbeit, da es sich einerseits weiter mit Husserls Darstellung des Seinsglaubens, und zwar hier der verschiedenen Glaubensweisen, beschäftigt, andererseits schon Bezug auf die verschiedenen Weisen der Ausschaltung des Seinsglaubens nimmt, welche im VI. VII. und VIII. Kapitel das Hauptthema bilden: die eidetische Reduktion, Neutralitätsmodifikation und die transzendentale Reduktion. Der Schwerpunkt der vorliegenden Arbeit liegt auf den in der Forschungsliteratur bisher wenig beachteten Husserlschen Analysen zur Neutralitätsmodifikation (Kapitel VII) im Zusammenhang mit dem Problem des Seinsglaubens in der Vergegenwärtigung. Da die transzendentale Reduktion, eine andere wichtige Methode der Ausschaltung des Seinsglaubens im Sinne der Neutralitätsmodifikation, in der phänomenologischen Literatur bereits gründlich behandelt ist, wird sie hier nur in dem Maß in Betracht gezogen, insofern sie sich von der Neutralitätsmodifikation deutlich abhebt. Eine rückblickende Zusammenfassung der ganzen Untersuchung beschließt die Arbeit. (shrink)

Using Hofstede's culture theory (1980, 2001 Culture's Consequences: Comparing Values, Behaviours, Institutions, and Organizations Across Nation. Sage, NewYork), the current study incorporates the moral development (e.g. Thorne, 2000; Thorne and Magnan, 2000; Thorne et al., 2003) and multidimensional ethics scale (e.g. Cohen et al., 1993; Cohen et al., 1996b; Cohen et al., 2001; Flory et al., 1992) approaches to compare the ethical reasoning and decisions of Canadian and Mainland Chinese final year undergraduate accounting students. The results indicate that Canadian accounting (...) students' formulation of an intention to act on a particular ethical dilemma (deliberative reasoning) as measured by the moral development approach (Thorne, 2000) was higher than Mainland Chinese accounting students. The current study proposes that the five factors identified by the multidimensional ethics scale (MES), as being relevant to ethical decision making can be placed into the three levels of ethical reasoning identified by Kohlberg's (1958, The Development of Modes of Moral Thinking and Choice in the Years Ten to Sixteen. University of Chicago, Doctoral dissertation) theory of cognitive moral development. Canadian accounting students used post-conventional MES factors (moral equity, contractualism, and utilitarianism) more frequently and made more ethical audit decisions than Chinese accounting students. (shrink)

The primary purpose here is to ascertain what Heidegger's comportment toward East-West dialogue is most plausibly like in the light of his philosophical concerns and orientations. Considering that one should not uncritically take at face value occasional remarks by Heidegger that seem to suggest that he is preparing an East-West dialogue, we will proceed from Heidegger's own path of thinking and bring to light fundamental presuppositions in his thought and the response he may accordingly give to the issue of East-West (...) dialogue. (shrink)

As social media becomes increasingly popular, human subjects researchers are able to use these platforms to locate, track, and communicate with study participants, thereby increasing participant retention and the generalizability and validity of research. The use of social media; however, raises novel ethical and regulatory issues that have received limited attention in the literature and federal regulations. We review research ethics and regulations and outline the implications for maintaining participant privacy, respecting participant autonomy, and promoting researcher transparency when using social (...) media to locate and track participants. We offer a rubric that can be used in future studies to determine ethical and regulation-consistent use of social media platforms and illustrate the rubric using our study team’s experience with Facebook. We also offer recommendations for both researchers and institutional review boards that emphasize the importance of well-described procedures for social media use as... (shrink)

In The Mysterious Relations to the East, Lin Ma takes a stance against a recent trend to see in Heidegger a thinker whose thought has been formed in an 'intercultural dialogue' with the Asian, Oriental tradition of thinking. In fact, Lin Ma demonstrates, words like 'Morning-Land', 'Orient', 'East' or 'Asia' can be shown to refer in each case to the beginning of philosophy in preSocratic, Greek thought. Thus to speak of the "mysterious relations [of philosophy] to the East" is not (...) to speak of a relation of European philosophy with other traditions of thinking, but rather concerns an investigation into the very roots of European philosophy itself. Despite Heidegger's concerns with the possibility of 'inter-cultural' dialogue, as evidenced, for example, in A Dialogue on Language Between a Japanese and an Inquirer, such a dialogue has to be questioned in its very possibility in order to avoid relapsing into the universalistic language of metaphysics. (shrink)

: The primary purpose here is to ascertain what Heidegger's comportment toward East-West dialogue is most plausibly like in the light of his philosophical concerns and orientations. Considering that one should not uncritically take at face value occasional remarks by Heidegger that seem to suggest that he is preparing an East-West dialogue, we will proceed from Heidegger's own path of thinking and bring to light fundamental presuppositions in his thought and the response he may accordingly give to the issue of (...) East-West dialogue. (shrink)

The development of genomic technologies has seemed almost magical. Excitement about it, both in medicine and among the public, stems from the belief that genomic techniques will illuminate the causes of health and disease, will lead to effective interventions for both rare and common genetic conditions, and will inform reproductive decision‐making. Novel diagnostic tools, however, are often deployed before targeted therapies are developed, tested, or available and before their psychosocial implications are explored. Newer technologies such as prenatal whole exome screening (...) are seen as offering “decisional autonomy” to expectant parents, although such technologies identify information about genetic sequencing that may not have clear meaning. The “therapeutic gap” between the ability to conduct genetic sequencing and the ability to fully understand what the test results mean, much less what treatments to offer, leaves families with complex and unclear information they cannot act upon with confidence during pregnancy. In this essay, we will consider the psychosocial and ethical implications of such assumptions—and of the uncertain information produced by these technologies—for individuals and families and for societal aspects such as medical service usage and demographic inequities. (shrink)

We argue that all general concepts are family resemblance concepts. These include concepts introduced by ostension, such as colour. Concepts of colour and of each of the specific colours are family resemblance concepts because similarities concerning an open-ended range of colour or of appearance features crop up and disappear. After discussing the notion of “same colour” and Wittgenstein's use of the phrase “our colours”, we suggest family resemblance concepts in one tradition can often be extended to family resemblance concepts in (...) another tradition, illustrated by Wittgenstein's use of the words Spiel and “game”. (shrink)

Modern Western medical individualism has had a significant impact on health care in China. This essay demonstrates the ways in which such Western-style individualism has been explicitly endorsed in China’s 2010 directive: The Basic Norms of the Documentation of the Medical Record. The Norms require that the patient himself, rather than a member of his family, sign each informed consent form. This change in clinical practice indicates a shift toward medical individualism in Chinese healthcare legislation. Such individualism, however, is incompatible (...) with the character of Chinese familism that is deeply rooted in the Chinese ethical tradition. It also contradicts family-based patterns of health care in China. Moreover, the requirement for individual informed consent is incompatible with numerous medical regulations promulgated in the past two decades. This essay argues that while Chinese medical legislation should learn from relevant Western ideas, it should not simply copy such practices by importing medical individualism into Chinese health care. Chinese healthcare policy is properly based on Chinese medical familist resources. (shrink)

This paper shows that the semantics of shenme ‘what’ in Chinese bare conditionals may exhibit a phenomenon of double quantification. I argue that such double quantification can be nicely accounted for if one adopts Carlson's (1977a, b) semantics of bare plurals and verb meanings as well as the following two assumptions: (i) shenme ‘what’ can be a proform of bare NPs and hence has the same kind of denotation as bare NPs, and (ii) Chinese bare NPs are names of kinds (...) of things. This analysis of Chinese bare conditionals lends support to Carlson's approach to bare plurals despite Wilkinson's (1991) criticisms. I also show that an extension of Heim's (1987) analysis of what as ‘something of kind x’ to Chinese shenme ‘what’ encounters problems when shenme ‘what’ is a shared constituent of a predicate which applies to kinds and another predicate which applies to objects. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Introduction to Benjamin I. Schwartz' "China and Contemporary Millenarianism—Something New under the Sun"Lin Yu-shengIn the spring of 1998, my colleague Mike Clover, a historian of the ancient West and an admirer of Benjamin I. Schwartz' The World of Thought in Ancient China, invited Professor Schwartz to participate, with Heiko Oberman, J. C. Heesterman, and Catherine Coquery-Vidrovitch, among others, in a conference he had been organizing on "Eurasia and Africa (...) during the Last Thousand Years." The essay that follows—the last piece of scholarly writing by Ben Schwartz, finished thirty-seven days before his passing—was read by me on his behalf at the conference, held on October 11 and 12, 1999, in Madison.From my telephone conversations with Ben in the summer of 1999, I learned that while he intended to work on a paper for the conference to be titled "The Idea of Unilinear Evolution and the Destinies of China," his attention was very much drawn to the fact of the onset in America of unbridled consumerism and materialism, whose characteristic of feeding on themselves with ever increasing intensity and widespread impact seemed to indicate to him the rise of a profoundly disturbing new phenomenon in this world. When I visited with Ben and Bunny (Mrs. Schwartz) in Cambridge on October 2 and 3, Ben was in the midst of writing an essay on what he would call the "new technological-economic millenarianism" or "materialistic apocalypticism." He said that he preferred to have me read this essay, which he would finish before the conference, rather than the one he originally intended to write. Since the conference was meant to take note of the significance of the passage of time from a world-historical perspective, the reflections by a thinker as deeply serious and searching as Ben Schwartz at the juncture of the end of the second millennium and the beginning of the third on the implications of an entirely new worldwide phenomenon as he perceived it—though having little direct bearing on China's past—would of course be most welcome at the conference.Ben's health deteriorated almost immediately after he had completed the essay on Friday, October 8, and he died on November 14, 1999. We now know from hindsight that Ben had probably felt that he might soon leave us, but he summoned enough energy not to let this happen before his completion of the essay, partly due to his sense of responsibility to deliver what he had promised and partly, and more importantly, because of the imperative he felt to issue, in the spirit of the old prophets, as his parting words, a grave warning to his fellow human beings.The essay is discursive, with many important points implied through nuance rather than formally argued. We can hardly expect more, given the physical condition of its author at the time of its writing. Although this does not, in my opinion, diminish its importance, it does demand close reading from its readers. The following is my brief attempt at this task, for whatever it may be worth. [End Page 189]To begin with, that Ben chooses to use religious language (which is related to "ultimate concerns")—words like "millenarianism" or "apocalypticism," which are ordinarily reserved for depicting the rare and drastic deliverance of humankind from "the vast burden of human suffering and despair"—as a means to explore metaphorically the nature and implications of the new consumerism and materialism is indicative of how serious he has perceived the onset of the phenomenon under consideration to be.To the extent that consumerism and materialism promise to their true believers "a totally new way of neutralizing the age-old causes of human suffering" (italics mine) through their "total attention on every aspect of human life from the techno-economic side," it is legitimate to speak of them as "materialistic apocalypticism," in that they transcend all tensions and agonies in life and elevate the true believers to a state of salvation. However, in its exclusive concern with "unalloyed, unreflective contentment" and pleasure in the self without any regard for the ethical consequences of techno-economic progress, it is a new materialism very different from... (shrink)

In this article we focus on the famous dialogue between Zhuangzi 莊子 and Huizi 惠子 concerning the question whether or not ren 人 (in particular the shengren 聖人) have qing 情. Most scholars have understood qing in this exchange as referring to “feelings” or “emotions.” We take issue with such readings. First, we demonstrate that, while Huizi probably understands qing as something like feelings or emotions, Zhuangzi’s view is that having qing is connected with making shifei 是非 judgments whereas having (...) no qing means that shifei has no grip on those ren, especially the shengren. What follows is that the expression wuqing 無情 should not be identified as a “doctrine of nonemotion.” Instead, wuqing implies that Zhuangzi advises us to lead a life of tranquility, calmness, and stillness. We show that these peaceful attitudes are associated with the idea of wuwei 無為 in the Zhuangzi. (shrink)

The Philosophical Forum, Volume 52, Issue 1, Page 65-78, Spring 2021.

AimTo investigate the status of positive mental characters and humanistic care ability among Chinese nursing students, and confirm the association between positive mental characters and humanistic care ability.MethodsA cross-sectional survey was conducted. Nine hundred eighty-one Chinese nursing students were recruited from hospitals and community healthcare services in Changsha, Hunan, China. Three different self-reported questionnaires were applied: The Demographic Characteristics Questionnaire, Humanistic care ability of Nursing Undergraduates Assessment Scale and Positive Mental Characters Scale for Chinese College Students. Pearson correlation analysis and (...) multiple liner regression analysis were performed to analyze the association between positive mental character and humanistic care ability for Chinese nursing students.ResultsThe mean scores of nursing students' humanistic care ability and positive mental character were 125.94 ± 21.19, 233.18 ± 38.59, respectively. The Pearson correlation results showed that positive mental character was significantly associated with humanistic care ability. Multiple liner regression analysis indicated that positive mental characters, four dimensions of courage, humanity, justice and transcendence in positive mental character, care from classmates were found to be independent predictors of humanistic care ability.ConclusionPositive mental characters are important considerations in the development, implementation and evaluation of humanistic care ability interventions. (shrink)

The Importance of Living is a wry, witty antidote to the dizzying pace of the modern world. Lin Yutang's prescription is the classic Chinese philosophy of life: Revere inaction as much as action, invoke humor to maintain a healthy attitude, and never forget that there will always be plenty of fools around who are willing-indeed, eager-to be busy, to make themselves useful, and to exercise power while you bask in the simple joy of existence.At a time when we're overwhelmed with (...) wake-up calls, here is a refreshing, playful reminder to savor life's simple pleasures. (shrink)

Ethical theories in the Kantian tradition tend to centre heavily on rational agency, so it may appear challenging for such theories to account for the wrongness of bodily violence, especially the wrongness of bodily violence to animals who lack rationality. This article develops a Kantian explanation for the pro tanto wrongness of killing or injuring animals who have agency and lack rationality, based on a Kantian explanation for the pro tanto wrongness of killing or injuring people. Even though morality is (...) grounded in the will of rational agents or the value of rational agency, one does not have to be a rational agent to be morally considerable. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Remarks at Harvard University Memorial Service for Benjamin I. SchwartzYu-sheng LinAmong the eminent intellectual historians in the world after World War II, Ben Schwartz was one of the most subtle and profound. He was deeply rooted in—but not confined by—the humanist tradition of Montaigne and Pascal, and this provided him with insights into the wretchedness as well as the grandeur of the human condition and with a conscious Socratic (...) moral and intellectual drive toward self-examination as a prerequisite for any inquiry into human affairs. Indeed, the distinctivecharacter of Ben's scholarship lay in his integration of morality and intellect. These humanistic resources in combination with his outstanding intellectual endowment enabled Ben to reach great heights of scholarly endeavor.To mention just a few of his many enduring achievements: Ben's thesis, advanced as early as 1951 and based on a study of the inner history of the rise of the Chinese Communist movement from a comparative perspective, developed the idea that the trajectory of Marxism eastward to Russia and China was, in fact, "a steady process of decomposition." This powerful argument has stood the test of time, whereas both the notion, on the Right, of a monolithic world communism and the idea, on the Left, of the Chinese Communist movement as the embodiment of the intellectual and moral legitimacy of Marxism fell by the wayside.His In Search of Wealth and Power: Yen Fu and the West, which offers a double mirror, with modern China illuminated by the modern West and vice versa, is a trailblazing work in intercultural intellectual history. Furthermore, The World of Thought in Ancient China, Ben's prizewinning magnum opus, which treats the whole range of ancient Chinese thought from a world-historical perspective, has achieved a methodological, no less than a historiographical, breakthrough. Ben's discussion of the need to "descend from the level of total cultural orientations to the level of shared problématiques" advances boldly beyond Max Weber's ideal-typical analysis in comparative world history. Historiographically, Ben's study of the general orientations in ancient China and their dialectical relations with the problématiques manifested in different schools of thought is the most incisive and comprehensive treatment of ancient Chinese thought to date.These great achievements derived from his ability to combine deep insights into historical realities with a humane simplicity in holding onto what is central in life. Such a simplicity was manifest in his spontaneous humility, a quality that furnished him with the moral and intellectual resources by which to develop empathetic understanding of the various strands of thought in China as well as in the West. Ben's analyses of human problems from a world-historical perspective, while characteristically erudite, subtle, complex, and at times extraordinarily brilliant, were singularly free from any trace of the influence of intellectual fashions and from any sort of [End Page 187] posturing or self-exhibition. He always struggled at the center of life and history, making the best effort to enter into the depth of human reality, drawing out its significanceas fully as he could. These great attainments were, I submit, a natural outgrowth of the strength of his moral and intellectual character, which led him to be truly open-minded and thus acutely perceptive. It was because he was so seriously interested in the study of humanity that he so seriously studied the Chinese. His universalist concerns fused with his humanist humility and thus empowered him to lift the field of Chinese studies out of its various forms of parochialism.The Confucian philosopher Xun Zi once said that the genuine scholar "explains with a humane compassion, listens with a studious attitude, and engages in disputation with an impartial mind." I know no one other than Ben Schwartz to have attained this ideal. His absolute joy in intellectual give-and-take and his delight, with his eyes gently sparkling, in reaching an understanding of a complex issue were infectious. It was indeed my good fortune and great privilege to be able to sit at the feet of Professor Schwartz. He embodied most eloquently the very essence of humanistic scholarship; his spirit is and shall always be a... (shrink)

This book analyses and defends the deflationist claim that there is nothing deep about our notion of truth. According to this view, truth is a 'light' and innocent concept, devoid of any essence which could be revealed by scientific inquiry. Cezary Cieśliński considers this claim in light of recent formal results on axiomatic truth theories, which are crucial for understanding and evaluating the philosophical thesis of the innocence of truth. Providing an up-to-date discussion and original perspectives on this central and (...) controversial issue, his book will be important for those with a background in logic who are interested in formal truth theories and in current philosophical debates about the deflationary conception of truth. (shrink)

A treatise on living a rich life from a Chinese point of view advocates a pursuit of self enjoyment through humor, joy, creativity, conversation, reading, nature appreciation, balanced inaction, and other non-material activities.

The utterance model is a popular basis for theories of interpretation in the contemporary analytic philosophy of literature. This model suggests that interpretation should be constrained by a work's identity‐relevant factors in its context of production because a work, like an utterance, acquires its identity and content in part from its relations with that context. From a descriptive point of view, I argue that the implied author account of interpretation best describes critical practice following the current positions based on the (...) utterance model. That is, people who interpret in accordance with these positions end up interpreting an implied author. (shrink)