Section One - Principles and concepts of healthcare law and ethics -- Section Two - Complaints, disciplinary proceedings and indemnity insurance -- Section Three - Confidentiality, disclosure and apologies -- Section Four - Alternative dispute resolution and relationship with colleagues -- Section Five - Liabilities beyond healthcare practices.

Children traditionally learn to read Chinese characters by rote, and thus stretching children’s memory span could possibly improve their reading in Chinese. Nevertheless, 85% of Chinese characters are semantic-phonetic compounds that contain probabilistic information about meaning and pronunciation. Hence, enhancing children’s metalinguistic skills might also facilitate reading in Chinese. In the present study we tested whether training children’s metalinguistic skills or training their working-memory capacity in eight weeks would produce reading gains, and whether these gains would be similar in Chinese (...) and English. We recruited 35 second graders in Hong Kong and randomly assigned them to a metalinguistic training group (N = 13), a working-memory training group (10), or a waitlist control group (12). In the metalinguistic training, children were taught to analyze novel Chinese characters into phonetic and semantic radicals and novel English words into onsets and rimes. In the working-memory training, children were trained to recall increasingly long strings of Cantonese or English syllables in correct or reverse order. All children were tested on phonological skills, verbal working memory, and word reading fluency in Chinese and in English before and after training. Analyses of the pre- and post-test data revealed that only the metalinguistic training group, but not the other two groups, showed significant improvement on phonological skills in Chinese and English. Working-memory span in Chinese and English increased from the pre- to post-test in the working-memory training group relative to other two groups. Despite these domain-specific training effects, the two training groups improved similarly in word reading fluency in Chinese and English compared to the control group. Our findings suggest that increased metalinguistic skills and a larger working-memory span appear equally beneficial to reading fluency, and that these effects are similar in Chinese and English. (shrink)

I argue that it is a main theme of Davidson's theory of interpretation that interpretive charity implies the impossibility of massive disagreement. There is clear textual support for that. I then argue that from the first-person point of view of a full-blooded interpreter, the theme must be accepted; and that is precisely why Davidson accepts it. If massive disagreement between speaker and interpreter seems to us easy to imagine, it is only because the imagination involved is third-personal and not full-blooded.

With the increasing degrees A.I.s and machines are applied across different social contexts, the need for implementing ethics in A.I.s is pressing. In this paper, we argue for a pluralist hybrid model for the implementation of moral A.I.s. We first survey current approaches to moral A.I.s and their inherent limitations. Then we propose the pluralist hybrid approach and show how these limitations of moral A.I.s can be partly alleviated by the pluralist hybrid approach. The core ethical decision-making capacity of an (...) A.I. based on the pluralist hybrid approach consists of two systems. The first is a deterministic algorithm system that incorporates different moral rules for making explicit moral decisions. The second is a machine learning system that calculates the value of the variables required by the application of moral principles. The pluralist hybrid system is better than the existing proposals as (i) it better addresses the moral disagreement problem of the top-down approach by including different moral principles, while (ii) it reduces the opacity of ethical decision-making compared with a bottom-up system by implementing explicit moral principles for moral decision making. (shrink)

The development of commercial revenue streams allows traditional nonprofit organizations to increase financial certainty in response to the reduction of traditional funding sources and increased competition. In order to capture commercial revenue-generating opportunities, traditional nonprofit organizations need to deliberately transform themselves into social enterprises. Through the theoretical lens of institutional entrepreneurship, we explore the institutional work that supports this transformation by analyzing field interviews with 64 institutional entrepreneurs from UK-based social enterprises. We find that the route to incorporate commercial processes (...) and convert traditional nonprofit organizations into social enterprises requires six distinct kinds of institutional work at three different domains; these are—“engaging commercial revenue strategies”, “creating a professionalized organizational form”, and “legitimating a socio-commercial business model”. In elaborating on social entrepreneurship research and practice, we offer a comprehensive framework delineating the key practices contributing to the transformation from traditional nonprofit organizations to social enterprises. This extends our understanding of the ex-ante strategy of incorporating commercial processes within social organizations. Furthermore, the identification of these practices also offers an important tool for scholars in this field to examine the connection of each practice with different ethical concerns of social entrepreneurship in greater depth. (shrink)

Max Schelers Auseinandersetzung mit Nietzsches Kritik an der christlichen bzw. christlich inspirierten Moral ist Gegenstand dieser Untersuchung. Darin lasst sich Schelers phanomenologisches Verstandnis der Liebe erschliessen, das einerseits Nietzsches Kritik apologetisch zwingend beantwortet und andererseits das Gedankengut Nietzsches aufgreift. Schelers Anlehnung an Nietzsche zeigt sich deutlich in seinem Kampf gegen den modernen Altruismus, gegen den Scheler mit ausserster Scharfe das christliche Verstandnis der Liebe abgrenzt. Daruber hinaus entwickelt der Autor in seinem Buch Schelers Verstandnis der Liebe weiter in Hinsicht auf (...) die christliche Soteriologie, die dadurch erheblich bereichert werden kann.". (shrink)

Using the Lascar inequalities, we show that any finite rank δ-closed subset of a quasiprojective variety is definably isomorphic to an affine δ-closed set. Moreover, we show that if X is a finite rank subset of the projective space P n and a is a generic point of P n , then the projection from a is injective on X. Finally we prove that if RM = RC in DCF 0 , then RM = RU.

One area of focus in contemporary debates on the Zhuangzi is whether the text endorses some kind of skepticism. For example, in chapter 2, Wang Ni expresses doubt toward "benevolence and rightness" and "the paths of right and wrong." He refuses to claim that there is something of which all things will agree to be right. However, the text repeatedly employs terms like "great knowledge" or "authentic knowledge", which hint at something endorsed or exalted by the text, if not right (...) in itself. Therefore, scholars have been trying to reconcile two sides of the Zhuangzi: the "guru" and the "skeptic."1 In the literature, scholars have refined their interpretation by differentiating skepticism into... (shrink)

The paper presents an exploratory attempt to analyse self‐reported leniency toward software piracy systematically, using an approach based on empirical factors, rather than ethical factors. The empirical factors studied were: social acceptance of software piracy; the cost of original software; urgency of the subject's need for software; availability of original software; knowledge of computer software copyright law; gender; monthly household income; and education level. It provides new insights to software companies and government officials who are developing programmes to promote the (...) concept of anti‐piracy among software consumers. This is also the first exploratory research to study the interaction effects among factors influencing the reported leniency towards software piracy, at the individual level. (shrink)

The paper presents an exploratory attempt to analyse self‐reported leniency toward software piracy systematically, using an approach based on empirical factors, rather than ethical factors. The empirical factors studied were: (i) social acceptance of software piracy; (ii) the cost of original software; (iii) urgency of the subject's need for software; (iv) availability of original software; (v) knowledge of computer software copyright law; (vi) gender; (vii) monthly household income; and (viii) education level. It provides new insights to software companies and government (...) officials who are developing programmes to promote the concept of anti‐piracy among software consumers. This is also the first exploratory research to study the interaction effects among factors influencing the reported leniency towards software piracy, at the individual level. (shrink)

Die Grundlage der gesammten Wissenschaftslehre 1794/95 (GWL) ist die erste und einzige von Fichte selbst veröffentlichte Fassung der Wissenschaftslehre und übte großen Einfluss auf ihre philosophiegeschichtliche Rezeption aus. Der Text ist schwer verständlich, denn er war nicht als ein für sich stehendes Werk, sondern als Handschrift für die Zuhörer an der Universität in Jena vorgesehen. Fichte hat ihn neben anderen Texten in einem Semester so schnell redigiert, dass man diese Fassung kaum als eine deutliche Gestaltung der Kerngedanken der Wissenschaftslehre und (...) noch viel weniger als ein vollständiges System derselben betrachten kann. Die neuere Fichte-Forschung hat in den letzten Jahrzehnten größere Aufmerksamkeit auf die neue Darstellung der Wissenschaftslehre (die sogenannte Wissenschaftslehre nova methodo), die Sittenlehre, die Rechtslehre sowie ihre jeweiligen späteren Fassungen gerichtet, weil die Zeitgenossen Fichtes die weitgehende Tragweite der Wissenschaftslehre nicht genügend hätten wahrnehmen können. Es mag also beim gegenwärtigen Forschungsstand als altmodisch erscheinen, noch auf die Fassung von 1794/95 zurückzugehen. Die vorliegende Untersuchung tut jedoch eben dies und mit gutem Grund. Denn trotz der vielfältigen wissenschaftlichen Abhandlungen über die GWL bleibt es immer noch dunkel, wie man z. B. den unverhältnismäßig langen und verwirrenden „Abschnitt E“ im zweiten Teil der GWL über die Grundlage des theoretischen Wissens interpretieren und verstehen soll. In der Sekundärliteratur findet man verschiedene Einstellungen, von treuer Wiedergabe über interpretatorische Abschwächung bis hin zur Ermahnung, aber keine hat sich meiner Meinung nach auf den Abschnitt E einen passenden Reim gemacht. (shrink)

The aim of this paper is to show that the binary notions of reality and negation play an important role in the philosophical agenda of Kant, Maimon and Fichte. The paper has three sections. The first section illustrates the metaphysical significance of Kant’s introduction of the quantitative opposition between reality and negation, which informs the phenomena-noumena distinction and the attribution of intensive magnitude. The second section argues that Maimon’s speculative appropriation of differentials took up Kant’s conception of real opposition between (...) reality and negation but fundamentally revised the theory of space and time to dissolve the problem of applicability in Kant, leading to the consequence of obliterating the pure categories. The third section shows how Fichte inherited the Kantian-Maimonian quantitative opposition of reality and negation in his characterization of the interdetermination between the I and the Not-I and how he developed an immanent account of the relational categories such as causality and substantiality on that basis. (shrink)

The focus of this review is on positive emotional granularity. Emotional granularity is the level of specificity that characterizes verbal representations of an affective experience. Although there has been research on negative emotional granularity, relatively less attention has been given to the study of positive emotional granularity. Positive emotions are theorized to motivate an individual to “broaden and build” one’s scope of cognition, attention, and behavior. Distinct positive emotion concepts may provide individuals with more informational value than that provided by (...) global mood. Indeed, individuals who are higher in positive emotional granularity report being better at coping with stressful experiences. In this review, we discuss growing research on positive emotional granularity and well-being. Issues of measurement, interventions, and considerations for future lines of research are discussed. (shrink)

The Zhuangzi is a collection of ancient Chinese anecdotes and fables that serves as a foundational Daoist text. The style in which it is written is significant because it obscures rather than reveals the text’s philosophic positions. If the text cannot be translated into plain language while preserving its content, as the Mozi or the Mencius generally can be, then the writing style is not merely rhetorical. The style is itself indispensable to the content. In this study, I analyse a (...) linguistic device mentioned in the Zhuangzi and use it to reflect the text’s writing style—namely, “goblet words”. I argue that various logical forms of goblet words defy the act of fixing a definite answer in any conceptual distinction or disputation. The forms, which include dilemmatic questions, oxymora and double denial, all serve to preserve indeterminacy. Reading goblet words may affect readers by making them more open-minded towards distinctions. However, readers cannot ascertain that the text’s authors produced this effect intentionally. Therefore, the text may cause readers to be open-minded while the authors remain free of commitment. (shrink)

BackgroundIn its 2015 decision in Montgomery v. Lanarkshire Health Board, the Supreme Court of the United Kingdom overruled the long-standing, paternalistic prudent doctor standard of care in favour of a new reasonable patient standard which obligates doctors to make their patients aware of all material risks of the recommended treatment and of any reasonable alternative treatment. This landmark judgment has been of interest to the rest of the common law world. A judicial trend of invoking Montgomery to impose more stringent (...) requirements on doctors is discernible in subsequent decisions since then.Main bodyIn this narrative review, without questioning the idea that properly informed patients should play a more active role in procedures affecting their own health in furtherance of their autonomy, safety, and consumer rights, we identify and analyse, with the aid of realistic clinical thought experiments, three practical conundrums that the Montgomery standard may inflict on the daily work of doctors, unfairly exposing them to arbitrary legal risks.ConclusionsThese conundrums pertain to the ascertainment of the risks that must be disclosed to the patient under the test of ‘materiality’; the legal uncertainty as to the scope of the exceptions; and the actual ability of doctors to cope with the pressures of time. These conundrums offer ripe opportunities to rethink the proper role of judicially developed medical law in modern health care practice. (shrink)

This paper brings the intellectual tools of cognitive science to bear on resolving the “paradox of the active user” [Interfacing Thought: Cognitive Aspects of Human–Computer Interaction, Cambridge, MIT Press, MA, USA]—the persistent use of inefficient procedures in interactive tasks by experienced or even expert users when demonstrably more efficient procedures exist. The goal of this paper is to understand the roots of this paradox by finding regularities in these inefficient procedures. We examine three very different data sets. For each data (...) set, we first satisfy ourselves that the preferred procedures used by some subjects are indeed less efficient than the recommended procedures. We then amass evidence, for each set, and conclude that when a preferred procedure is used instead of a more efficient, recommended procedure, the preferred procedure tends to have two major characteristics: (1) the preferred procedure is a well‐practiced, generic procedure that is applicable either within the same task environment in different contexts or across different task environments, and (2) the preferred procedure is composed of interactive components that bring fast, incremental feedback on the external problem states. The support amassed for these characteristics leads to a new understanding of the paradox. In interactive tasks, people are biased towards the use of general procedures that start with interactive actions. These actions require much less cognitive effort as each action results in an immediate change to the external display that, in turn, cues the next action. Unfortunately for the users, the bias to use interactive unit tasks leads to a path that requires more effort in the long run. Our data suggest that interactive behavior is composed of a series of distributed choices; that is, people seldom make a once‐and‐for‐all decision on procedures. This series of biased selection of interactive unit tasks often leads to a stable suboptimal level of performance. (shrink)

ABSTRACTIn contrast to his contemporaries who take the heart–mind as the ruler of a person, Zhuangzi suggests that one’s action is guided by the spirit. Questions arise as one articulates the function of spirit and its relationship with the heart–mind. In this article, I articulate the relationship between heart–mind and spirit to show three points: first, spirit is a kind of qi 氣 that can be tied or run smoothly, or rather the mechanism triggered by the functioning of smooth qi. (...) This reading brings the skill passages together with the fasting of heart–mind passage. Second, the proceeding of spirit admits no fixed ways and is not confined to any particular organ or faculty, so it avoids the problem of self-assertion mentioned in Qiwulun. Third, the proceeding of spirit implies that one’s practice takes as many particularities of the context as possible into account, so the person has a higher chance to reduce conflict in interacting with things and other people and bring out their p.. (shrink)

Abstract:This paper examines the idea of xing 性 in Guo Xiang's Commentary on the Zhuangzi in order to show the distinctiveness of Guo's thought. I argue that, for Guo, xing is individualized and subject to no external standard, not even to the "normal" condition proposed by the primitivists in the Zhuangzi. Regarding the debate about xing's changeability, I argue that one's xing can change over time, even by learning, although this change is constrained within certain boundaries. The individualization of xing (...) and the need of holding to one's boundaries serve to explain the emergence of social norms, which can and should be established in a way that respects different xing. This dynamic between individuality and social organization contributes to our thinking about fundamental tensions in human life. (shrink)

Of the four complete Āgama collections, the Ekottarika Āgama (EĀ) has generated the most controversy about whether it can be attributed to any early Buddhist school and, if so, which school it could belong to. This paper examines the various hypotheses about the sectarian affiliation(s) of the EĀ. It shows that a considerable part of this corpus is likely to be of Mahāsāṃghika derivation, and that the EĀ contains numerous salient features of Mahāsāṃghika doctrine, particularly the transcendence of Buddhas and (...) Bodhisattvas. This study also argues that the seeming affinity between several legends in the EĀ and those in the Mūlasarvāstivāda Vinaya is likely to have resulted from Mahāsāṃghika influence on the Mūlasarvāstivādins. The Mahāsāṃghika hypothesis for the school affiliation of the EĀ is substantially strengthened in this inquiry while the others are shown to be probably untenable. (shrink)

The attitude toward li 利 is often identified as a key difference between the Mencius 孟子 and the Mozi 墨子. A common view is that for the Mencius, rightness (yi 義) and li are incompatible; but for the Mozi they are not necessarily so. In this paper I argue that the Mencius and the Mozi are in broad agreement on the issue of li, and their attitudes toward li are not as different as may seem at first glance. If we (...) take a finer-grained understanding of li in two ways, namely the self-regarding li and the other-regarding li, then both the Mencius and the Mozi would criticize the former but encourage the latter. The term li in the Mencius has a range of meanings, and it is not clear whether the Mencius actually opposes all li-pursuing activities. Mencius would agree with Mozi that, at least in some cases, one is obligated to seek li for others. Furthermore, despite their criticism of self-regarding li, both Mencius and Mozi allow that in some cases it is morally permissible to act from the motive of self-regarding li, as long as this motive coexists with the motive of rightness. That is, self-regarding li and rightness are not always mutually exclusive, even for Mencius, who seems to be more critical of li. (shrink)

This book uses a critical lens to discuss live stream uses and misuses, as well as the impacts of live streaming on various fields. In the landscape of the historical evolution of communication technologies, this volume opens up a new space for discussing legal and ethical issues associated with the use of live streaming.

In Chinese pre-Qin period, Mohism was the first school that challenged Confucianism. A common view is that Mohists attacked Confucianism by proposing jian ai, often translated as “universal love,” that opposes Confucian “graded love”. The Confucian-Mohist debate on ethics is often regarded as a debate between Mohist “universal love,” on the one hand; and Confucian emphasis on family and kinship, on the other. However, it is misleading to translate jian ai as “universal love,” as it distorts our understanding of the (...) debate. The word jian in classical Chinese means “inclusive,” not “impartial”. The Jian Ai chapters in the Mozi do not object to the idea that our moral practices ought to vary according to our relationship with others and their social positions. Furthermore, Mohist jian ai was not proposed in the first instance to refute Confucian ideas. The Confucian-Mohist debate should not be understood as a battle between nepotism and excessive insistence on impartiality, because both of them advocate that we should care for people in general and that we should maintain close relational ties. (shrink)

1. It is common knowledge among scholars who are familiar with the Zhuangzi that Guo Xiang’s 郭象Commentary (henceforth the Commentary)1 written in the Xuanxue 玄學 era exerts tremendous influence on e...

Emotion theorists have long held that a fundamental characteristic of an emotion is how its constituent processes change and interact over time. Assessing these temporal dynamics of emotion in the brain is critical for understanding the neural representation of emotions as well as advancing theories of emotional processing. We review the neuroimaging research on three temporal dynamic features of emotion: time of onset, duration, and resurgence and show how assessing these temporal dynamics in the brain have led to improved understanding (...) of the structure and function of emotional processes such as revealing which appraisals come first, how emotional processing endures both explicitly and implicitly, and that the resurgence of emotional processing may consist of either single or multiple processes. (shrink)

?Information? has been postulated by the Daoist theory of Qi-energy fields system to be encoded and inherent in the Qi-energy complex (Qi) since the beginning of time. This became the origin of intelligence when it was passed onto humankind. This abstract entity is extended as a concept of ?quantum information/intelligence? (QI) when correlated with quantum physics. Human psychic power, spread over interconnected biological to cosmic spatial fields, would constitute a new Fifth Dimension, woven into the fabric of space and time. (...) This would create a psycho-bionomic model of the universe. (shrink)

The "I Ching" had an important influence on Tokugawa Shinto. First, it played a crucial role in the discussion of Confucian-Shinto relations; many Tokugawa Confucians and Shintoists used it to uphold the doctrine of the unity of Confucianism and Shinto, and Shintoists and scholars of National Learning (kokugaku) used it for its metaphysical and divinational value. Second, scholars of National Learning transformed it from a Confucian classic into a Shinto text, claiming that it was the handiwork of a Japanese deity.

Research investigating the underlying mechanisms and boundary conditions under which leader humility influences employee voice remains underdeveloped. Drawing from approach–inhibition theory of power and leader humility literature, we developed a moderated-mediation model in which personal sense of power (i.e., employees’ ability to influence other individuals such as their leader) was theorized as a unique mechanism underlining why employees feel motivated to speak up under the supervision of humble leaders. Additionally, the cultural value of power distance was proposed to be a (...) relevant boundary condition to influence such relationship. We tested the model using time-lagged supervisor–subordinate matched data. Results of mixed models analyses provided support for our hypotheses confirming that employees’ personal sense of power mediates the relationship between leader humility and employee voice, and such relationship was found to be stronger when employees’ power distance was lower rather than higher. (shrink)

This study aims to explore if local responsiveness pressure and subsidiary resources influence green management adoption of overseas subsidiaries, and to investigate the relationships between the level of green management adoption and performance. The 101 effective samples were collected from 583 Taiwanese firms, which are listed in the top 1000 manufactory firms and have invested in China. Though structural equation model analysis' empirical results indicate that local responsiveness pressure and subsidiary resources both have positive effects on the level of green (...) management adoption of the subsidiary. This study also suggests that the level of green management adoption is positively related to the subsidiary's performance. (shrink)

Japanese agricultural scholarship reached its peak in the Tokugawa period (1603-1868). Most of its representative works were imbued with the Chinese metaphysical doctrine of yin-yang-wu-hsing. They used the ideas of yin-yang, wu-hsing, yun-ch'i, hexagrams, and feng-shui extensively to develop their views and to explain various practices. There were two different attitudes towards Chinese concepts among Tokugawa scholars. Some regarded Chinese ideas as universal principles, and faithfully introduced them to Japan, whereas some were faced with the problem of national identity and (...) attempted to accommodate Chinese metaphysical principles to Japanese agriculture. This article examines the adoption of the yin-yang-wu-hsing doctrine in Tokugawa agriculture through a careful and critical textual study of several major Tokugawa writings. (shrink)

Three distinct but related questions can be asked about the meaningfulness of one's life. The first is 'What is the meaning of life?', which can be called 'the cosmic question about meaningfulness'; the second is 'What is a meaningful life?', which can be called 'the general question about meaningfulness'; and the third is 'What is the meaning of my life?', which can be called 'the personal question about meaningfulness'. I argue that in order to deal with all three questions we (...) should start with the personal question. There is a way of understanding the personal question which allows us to answer it independently of any consideration of the cosmic question, but which nonetheless helps us see why the cosmic question should be dismissed as a bad question. Besides, a recommendable answer to the general question can be derived from my understanding of how the personal question should be answered. Two notions are essential to my account, namely, the notion of identities and the notion of a biographical life. And the account can be epitomized in this enticing way: a person's life is meaningful if it contains material for an autobiography that she thinks is worth writing and others think is worth reading. (shrink)