This study contrasts the evidence exclusion principles within the adversarial legal system of the United States, particularly the “fruit of the poisonous tree” doctrine, with the inquisitorial system of Vietnam. The U.S. model, emphasizing the exclusion of unlawfully obtained evidence to protect the presumption of innocence and ensure fair trials, relies on the Fourth Amendment to prevent police misconduct. Conversely, Vietnam, with its focus on uncovering the truth, has started to adopt adversarial elements, including evidence exclusion, to align with international (...) standards and enhance human rights protections within its criminal justice system. The research examines the application of the “fruit of the poisonous tree” doctrine in the U.S. and its implications for Vietnamese legal reforms, especially the proposed amendments to Article 87 of Vietnam's Criminal Procedure Code. These reforms aim to exclude unlawfully obtained evidence while allowing for the use of evidence collected independently from illegal actions. Highlighting the need for a balanced approach that respects procedural rights and promotes justice, the study advocates for comprehensive legal reforms in Vietnam. It suggests amendments to refine evidence exclusion principles, ensuring they reflect both the Vietnamese context and the progressive features of U.S. criminal justice practices, thereby enhancing the fairness and integrity of criminal proceedings. (shrink)

This paper examines Jacques Derrida's deconstruction of Giorgio Agamben's account of the history of bio-politics in the Beast and the Sovereign. In this account, the ‘threshold of bio-political modernity’ is identified with the collapse of an allegedly immemorial distinction between life and the law. According to Derrida, however, this in-distinction between life and the law, which supposedly marks the historical emergence of the bio-political, is in fact an originary event. Agamben, therefore, announces a bio-political modernity that has always already existed. (...) In this essay, I argue that Derrida, in the Beast and the Sovereign, fails to grasp the significance of one of the principal figures employed in Agamben's theory of the bio-political, the ‘threshold’. This figure, which Agamben opposes, elsewhere in his writings, to the Derridean notion of difference/deferral, does not refer to either an historical beginning or something that has always already existed. Rather, the threshold is defined as a particular moment in which an originary phenomenon becomes a decisive historical norm. In his ‘history’ of the bio-political, therefore, Agamben identifies the modernity of the latter in terms of the historical normalization of an in-distinction between law and life that has always already occurred. (shrink)

We present an argument-based formalism of contract dispute resolution following a modern view that the court would resolve a contract dispute by enforcing an interpretation of contract that reasonably represents the mutual intention of contract parties. Legal doctrines provide principles, rules and guidelines for the court to objectively arrive at such an interpretation. In this paper, we establish the appropriateness of the formalism by applying it to resolve disputes about performance relief with the legal doctrines of impossibility and frustration of (...) purpose in common laws of contract. The formalism is based on modular argumentation, a recently proposed extension of assumption-based argumentation for modelling contract dispute resolution. (shrink)

This study explores how and when ethical leadership predicts three forms of team-level creativity, namely team creativity, average of member creativity, and dispersion of member creativity. The results, based on 230 members of 44 knowledge work teams from Chinese organizations, showed that ethical leadership was positively related to team creativity and average of member creativity but was negatively related to dispersion of member creativity. Consistent with the predictions of uncertainty reduction theory, psychological safety climate mediated the relationship between ethical leadership (...) and the three forms of team-level creativity. Furthermore, supervisor support for creativity positively moderated the effect of ethical leadership on psychological safety climate and the indirect effects of ethical leadership on the three forms of team-level creativity through psychological safety climate. The analysis offers significant theoretical and practical implications on ethical leadership and creativity in organizations. (shrink)

This article brings Leo Strauss’s “Persecution and the Art of Writing” thesis to bear on the crisis of independent thinking in modern Chinese intellectual history. It argues that while heterodox Chinese thinkers frequently practiced “writing between the lines” to evade censorship, conformist minds were equally adept at utilizing the charm of the clandestine—deception, fabrication, and self-mythologization—for their own agendas. To illustrate the peculiar tension between conformity and dissent, I focus on two Chinese thinkers who exploited esotericism at crucial junctures of (...) The People’s Republic of China’s history: Liu Xiaofeng (劉小楓, 1956–), a conservative theologian who spawned a Chinese Straussian School to preach antiliberal doctrines in contemporary China; and Chen Yinke (陳寅恪, 1890–1960), a cultural traditionalist who resisted Marxist doctrines throughout the Mao era. Both Liu and Chen conceived of the public as a hostile and conformist crowd and deliberately developed special techniques of writing that contain multiple levels of significance—Liu named his variant “subtle words with profound meaning” (微言大義) while Chen called his “inner history from the heart” (心史). Though formally similar, these two approaches took Strauss’s thesis in drastically different directions: while Chen deployed a rhetorical smoke screen of obscure references to tease the censor, Chinese Straussians wielded double teaching to conceal the conformism of their politics from the public. (shrink)

Based on social cognitive theory, this paper explored the cognitive mechanism between ethical leadership and the followers’ extra-role performance. We tested a moderated mediation model in which general self-efficacy mediated the relationship between ethical leadership and the employee extra-role performance, while intrinsic motivation moderated the relationship between ethical leadership and subordinate’s general self-efficacy. Data were collected in two waves from 208 dyads. Results supported the time-lagged effect of ethical leadership on individual extra-role performance and the mediating role of general self-efficacy. (...) Moreover, our findings revealed that intrinsic motivation positively moderated the effect of ethical leadership on general self-efficacy. Furthermore, intrinsic motivation also moderated the indirect effect of ethical leadership on extra-role performance via general self-efficacy. Theoretical and practical implications were further discussed. (shrink)

This paper explores the relationship between revolution and corruption in Jean Genet’s accounts of the Palestinian movement in his final work, Prisoner of Love. For Genet, corruption does not simply expose the actions of a revolutionary subject as an empty impersonation, performed for the actual ends of acquiring personal power and fortune. Rather, it exposes the ‘pretension’ inherent in the revolution it undermines as well as in the accumulation of value. For Genet, the misappropriation of money by the Palestinian leadership (...) makes manifest the imaginary character of both devotion to a revolutionary cause and greed for the commodity-fetish. Corruption, in other words, betrays revolution as well as the ‘imaginary wealth and power’ which the ‘game of revolution’ attempts to destroy. (shrink)

This paper argues for the contemporary significance of the ‘Critique of Violence’ by proposing a Benjaminian reading of two important analyses of the relationship between history, politics and the Rights of Man: Hegel’s account of the French Revolution and the concept of dissensus proposed by Jacques Rancière. For both Hegel and Rancière, the gap between right and reality – between the ideal of equality, for example, and the existence of concrete inequality – does not warrant a rejection of the Rights (...) of Man. Rather, the gap is a constitutive condition of law and political rights. From the perspective of Benjamin’s ‘Critique of Violence’, however, these analyses serve to perpetuate a bourgeois legality, one that both Hegel and Rancière acknowledge can never be realized due to the constitutive discrepancy between right and reality. In preserving the promise of legal equality, these analyses preclude the possibility of a suspension or ‘absolution’ from law. This suspension of law is a task that Benjamin identified with the proletarian general strike, a strategy whose pure violence is supposed to secure what Benjamin described, enigmatically, as a ‘wholly transformed work’. Remarkably, however, the relationship between the suspension of law in a general strike and a total transformation of labour is never clearly defined in the ‘Critique’. This paper will develop an account of this relationship by pursuing the references to Marx’s critical theory of capitalism in Benjamin’s writings. (shrink)

This paper argues for the contemporary significance of the ‘Critique of Violence’ by proposing a Benjaminian reading of two important analyses of the relationship between history, politics and the Rights of Man: Hegel’s account of the French Revolution and the concept of dissensus proposed by Jacques Rancière. For both Hegel and Rancière, the gap between right and reality – between the ideal of equality, for example, and the existence of concrete inequality – does not warrant a rejection of the Rights (...) of Man. Rather, the gap is a constitutive condition of law and political rights. From the perspective of Benjamin’s ‘Critique of Violence’, however, these analyses serve to perpetuate a bourgeois legality, one that both Hegel and Rancière acknowledge can never be realized due to the constitutive discrepancy between right and reality. In preserving the promise of legal equality, these analyses preclude the possibility of a suspension or ‘absolution’ from law. This suspension of law is a task that Benjamin identified with the proletarian general strike, a strategy whose pure violence is supposed to secure what Benjamin described, enigmatically, as a ‘wholly transformed work’. Remarkably, however, the relationship between the suspension of law in a general strike and a total transformation of labour is never clearly defined in the ‘Critique’. This paper will develop an account of this relationship by pursuing the references to Marx’s critical theory of capitalism in Benjamin’s writings. (shrink)

This essay considers Deleuze and Guattari’s paradoxical claim that Marx’s critique of political economy implies as a universal history derived from the singular features of capitalism. In this critique, capitalism is defined by the commodity form, as a relationship of economic equivalence that replaces the bonds of dependence underlying other social formations. By negating relations of kinship and caste, capitalism reveals, a contrario, the universal foundation of other societies. As the “negative of all social formations,” capitalism conditions a universal history, (...) defined, retrospectively, from the singular standpoint of a society, based upon the negation of kinship and caste. In this universal history, moreover, the negation of capitalism is identified with the possibility of a new and equally singular form of society. In Anti-Oedipus, the latter is defined as a “schizophrenic” condition liberated from the commodity as well as from the bonds of dependence that constituted the universal foundation of earlier societies. (shrink)

We have it on the authority of Aristotle that “reason (nous) is the best thing in us” (EN X.7, 1177a20). This idealization of reason permeates his account of eudaimonia, a term commonly translated as ‘happiness’, which Aristotle identifies with living and doing well (EN I.4, 1095a18-20). In harmony with a certain intellectualism peculiar to the mainstream of ancient philosophical accounts of eudaimonia, Aristotle holds that living well requires the unique practical application of rationality of which only humans are capable (EN (...) I.7, 1098a13-15/EE I.7, 1217a25-27). This dissertation investigates Aristotle’s substantive view on the practical application of reason by examining how, according to him, human agents use reason to decide what to do, what kind of person to be, and indeed how to live well. A distinctively human way of making decisions is deliberation (bouleusis), an exercise of practical reason par excellence. The first chapter reconstructs Aristotle’s account of deliberation from a wide range of texts in the corpus. It argues that deliberation is a complex decision-making process that, for the most part, unfolds into four stages: (1) positing a provisional goal; (2) constructing a set of alternatives; (3) identifying the best alternative; (4) forming an intention to do the most proximate action as identified in the penultimate stage. This reading offers a comprehensive representation of Aristotle’s theory while rendering his theory more sophisticated—and indeed more modern—than the alternatives in recent years. Deciding what to do often requires that we confront the question, “Which is preferable (hairetōteron) or better (beltion) between two or more options?” In Topics III, a text widely acknowledged as the inaugural treatment of the logic of preference, Aristotle articulates a set of principles to guide our preference-ranking. While scholars pay historical homage to Aristotle, there is little engagement with his treatment of preference logic. The second chapter addresses the need for a current study and reassessment of Aristotle’s preference-ranking principles. It argues that, despite differences in scope and methodology between the Aristotelian and modern systems, the description inaugural treatment of preference logic comfortably, and accurately, applies to Topics III. When one looks at the role that Aristotle allows reason to play in the production and motivation of action, it is tempting to conclude that Aristotle endorses the Humean division of labor. For Aristotle claims that deliberation is about “the things towards the goal” (EN III.3, 1112b11-16) and that virtue (aretē) makes our goals right (EN VI.12, 1144a7-9). Chapter three seeks to show, against a recent influential quasi-Humean interpretation, that the primary function of practical reason is mapping the landscape of value corresponding to the agent’s reasoned conception of what eudaimonia consists in, as a rational being that she is. Aristotle notoriously defends the political subordination of individuals he believes to have a defective deliberative capacity. In Politics I.13, he claims that the deliberative faculty is undeveloped in children and “ineffectual” (akuron) in women (1260a12). The concluding chapter considers a puzzle about the development of the female’s deliberative faculty: How do women become ineffective in their deliberation, but freemen do not, given that all children have deliberative faculties that are unperfected? Drawing from the theories defended in previous chapters, I argue that the female’s deliberative defect is primarily due to her lack of moral education rather than inalterable sexual, biological differences—a thesis widely endorsed by scholars lately. (shrink)

Sanskrit text, with Sanskrit commentary of Anantaśaktipāda and English explanation on Śaivism, and Hindu philosophy.

The ideal Chinese thinker is a scholar‐official who is informed by a profound historical consciousness, well seasoned in the fine arts of poetry, lute and calligraphy, and deeply immersed in the daily routine of government. If philosophy is loosely defined as disciplined reflection on insights, Chinese philosophy is distinguished in its commitment to and observation of the human condition. It is a disciplined engaged reflection with insights derived primarily from practical living. The Chinese thinker, unlike the Greek philosopher, the Hebrew (...) prophet, the Indian guru, the Christian priest, or the Buddhist monk, is engaged in society, involved in politics, and dedicated to the spiritual transformation of the world from within. (shrink)

This paper summarizes the author’s view and research on the concept of ‘Spiritual Humanism’ as a cross-cultural, historical heritage and theoretical framework for contemporary research in philosophy. It builds on comprehensive scholarship conducted over the last decades within a plurality of leading academic communities. It reflects the author’s commitment to include Chinese Philosophy and intellectual history within the international scholarly canon.

Mencius’ claim that human nature is good is well known among students of classical Confucian thought. It has been taken for granted that underlying Mencius’ deceptively simple thesis is an appeal to intuition. No persuasive argument is offered, except the insistence that the moral propensities, such as the “four germinations” are inherent in human nature. A corollary of this insistence is the unquestioned belief that human beings all have the inner ability to commiserate with others, to feel ashamed of themselves, (...) to have a sense of humbleness, and to differentiate right from wrong. And the only example of an attempt to “prove” the thesis which approximates a kind of empiricist procedure seems no more than a commensense observation. (shrink)

This study investigated the perception of Mandarin tonal alternations in disyllabic words. In Mandarin, a low-dipping Tone3 is converted to a high-rising Tone2 when followed by another Tone3, known as third tone sandhi. Although previous studies showed statistically significant differences in F0 between a high-rising Sandhi-Tone3 and a Tone2, native Mandarin listeners failed to correctly categorize these two tones in perception tasks. The current study utilized the visual-world paradigm in eye-tracking to further examine whether acoustic details in lexical tone aid (...) lexical access in Mandarin. Results showed that Mandarin listeners tend to process Tone2 as Tone2 whereas they tend to first process Sandhi-T3 as both Tone3 and Tone2, then later detect the acoustic differences between the two tones revealed by the sandhi context, and finally activate the target word during lexical access. The eye-tracking results suggest that subtle acoustic details of F0 may facilitate lexical access in automatic fashion in a tone language. (shrink)

By focusing on the Confucian ideal of forming one body with Heaven, Earth, and myriad things, I argue that the distinctive feature of Chinese cosmology is not the absence of cosmogonist concerns, but faith in the interconnectedness of all modalities of being as the result of the continuous creativity of the cosmic process.

An exposition of the core Confucian text, the Analects, is a rich resource for thinking philosophically about aesthetics, ethics, and religion. Indeed, the Analects is an inspiration for doing philosophy as a dialogical, rather than a dialectic, dialogue and an edifying conversation. The four integrated dimensions of Confucian humanism as embodied in Confucius’ “anthropocosmic” philosophy encompass the sacredness of earth, body, family, community, and the world. Specifically, it envisions that the full realization of the way of learning to be human (...) consists of (1) the integration of the body and mind, (2) the fruitful interaction between the individual and society, (3) the sustainable and harmonious relationship between humanity and nature, and (4) the mutual responsiveness between the human hear-mind and the Way of Heaven. Furthermore, it transcends the concepts of rationality in the Enlightenment mentality and provides a philosophy of life rooted in the sensitivity, sympathy, and compassion inherent in human nature. Confucius’ “anthropocosmic” philosophy is one of the most profound spiritual legacies in rethinking the human in the twenty-first century. (shrink)

By focusing on the Confucian ideal of forming one body with Heaven, Earth, and myriad things, I argue that the distinctive feature of Chinese cosmology is not the absence of cosmogonist concerns, but faith in the interconnectedness of all modalities of being as the result of the continuous creativity of the cosmic process.

New Confucianism is comparative philosophy par excellence. It stands or falls with the validity of the comparisons its thinkers have made regarding Western and Asian religious and philosophical systems and conceptions. Yet comparative philosophy and comparative religion in and beyond Asia have recently received criticisms. Questions that have been raised include: is it not a fallacy to take Asian philosophy and religion out of their historical and social contexts and to present them as unchanging entities? Are the across-space-and-time comparisons between (...) Asian and Western philosophy and religion far-fetched and forced? To answer these questions, this paper presents a case study of comparative philosophy: Mou Zongsan’s post-Kantian Confucian metaphysics. After showcasing Mou, in the second part of this paper I shall consider the validity of comparative philosophy in general and the implications to my appraisal of Mou in particular. (shrink)

In the history of Chinese philosophy, the School of "Qi" uses the gathering and scattering of "qi" to explain the coming into being and destruction of things, but is unable to explain the existence of different classes of things. On the basis of that school, the School of "Li" uses principle to explain how there can be classes, but is unable to explain individual objects. Daoism speaks of "Dao" , does away with classes—and on the basis of the Way, which (...) produces "De" —explains individuality. Hence, in Chinese philosophical ontology there are two paths: one that uses virtue to explain individuality, and one that uses principle to explain what is not peculiar to the individual object. The present paper is a criticism and expansion of Feng Youlan's views on Daoism, as expressed in his "New School of Principle.". (shrink)

I. The "Moral Universal" from the Perspectives of East Asian Thought jl\ defining characteristic of East Asian thought is the widely accepted proposition ...

Language plays an essential role in social life, and especially in the life of our modern information society. Studies of language have long been a vital part of philosophical research in the West. In ancient Greek philosophy, Socrates investigated word meaning and Plato universals. Aristotle separated the essence of the matter from accidental factors, postulating that the essence of a thing determines our study of its concept. Closer to our own time, Francis Bacon proposed the concept of "Idols of the (...) market-place," which deals with mistakes caused by different interpretations of word meanings. Thomas Hobbes developed the theory of names and referents. John Locke created the ideational theory of meaning. John Stuart Mill proposed the theory of word meaning and extension. Franz Brentano created the theory of intentionality. To sum up, from Ancient Greece to modern times, language has always been the focus of attention for many philosophers. However, these philosophers never regarded their investigations as a necessary condition and a prerequisite of philosophical research. (shrink)

Tu Wei-ming is the foremost exponent of Confucian thought in the United States today. Over the last two decades he has been developing a creative scholarly interpretation of Confucian humanism as a living tradition. The result is a work of interpretive brilliance that revitalizes Confucian thought, making it a legitimate concern of contemporary philosophical reflections.

There is increasing interest in clarifying how different face emotion expressions are perceived by people from different cultures, of different ages and sex. However, scant availability of well-controlled emotional face stimuli from non-Western populations limit the evaluation of cultural differences in face emotion perception and how this might be modulated by age and sex differences. We present a database of East Asian face expression stimuli, enacted by young and older, male and female, Taiwanese using the Facial Action Coding System (FACS). (...) Combined with a prior database, this present database consists of 90 identities with happy, sad, angry, fearful, disgusted, surprised and neutral expressions amounting to 628 photographs. 20 young and 24 older East Asian raters scored the photographs for intensities of multiple-dimensions of emotions and induced affect. Multivariate analyses characterized the dimensionality of perceived emotions and quantified effects of age and sex. We also applied commercial software to extract computer-based metrics of emotions in photographs. Taiwanese raters perceived happy faces as one category, sad, angry, and disgusted expressions as one category, and fearful and surprised expressions as one category. Younger females were more sensitive to face emotions than younger males. Whereas older males showed reduced face emotion sensitivity, older female sensitivity was similar or accentuated relative to young females. Commercial software dissociated six emotions according to the FACS demonstrating that defining visual features were present. Our findings show that East Asians perceive a different dimensionality of emotions than Western-based definitions in face recognition software, regardless of age and sex. Critically, stimuli with detailed cultural norms are indispensable in interpreting neural and behavioral responses involving human facial expression processing. To this end, we add to the tools, which are available upon request, for conducting such research. (shrink)