本研究得到国家社会科学基金“法制与法治国家”重大项目、教育部“社会变迁中的中国法治的理论与实践”项目以及北京大学“985”项目的资助.

该书内容包括无漏洞的权利保障之理想、“原则立论法”、类推适用的原理与法律原则、“惟一正解”的意义、成文法解释与司法实践之一致性等六部分。.

According to Zhiyi 智顗 (538–597), the founder of the Chinese Buddhist Tiantai school 天臺宗, “one object is all objects;” hence, all objects are profoundly interconnected. In this paper, I critically examine Zhiyi’s metaphysics of objects as presented in the historical Tiantai texts and subsequently develop a contemporary and accessible thesis of interconnectedness by integrating Zhiyi’s views with resources from contemporary analytic philosophy, particularly relative identity. By drawing on Zhiyi’s insights and incorporating contemporary philosophical ideas, I also illustrate how historical Chinese (...) Buddhism and contemporary analytic metaphysics can be mutually informing. (shrink)

In this study, we examine the relation between corporate environmental responsibility and risk in U.S. public firms. We develop and test the risk-reduction, resource-constraint, and cross-industry variation hypotheses. Using an extensive U.S. sample during the 1991–2012 period, we find that for U.S. industries as a whole, CER engagement inversely affects firm risk after controlling for various firm characteristics. The result remains robust when we use firm fixed effect or an alternative measure of CER using principal component analysis or downside risk (...) measures. To address the concern of endogeneity bias, we use a system equations approach and dynamic system generalized methods of moment regressions, and continue to find that environmentally responsible firms experience lower risk. These findings support the risk-reduction hypothesis, but not the resource-constraint hypothesis, along with the notion that the top management in U.S. firms is generally risk averse and that their CER engagement facilitates their risk management efforts. Our cross-industry analysis further reveals that the inverse CER-risk association mainly comes from the manufacturing sector, whereas in the service sector, CER tends to increase firm risk. (shrink)

Research has independently highlighted the roles of semantic memory and associative abilities in creative thinking. However, it remains unclear how these two capacities relate to each other, nor ho...

Kn. 1. Filosofsko-teoreticheskie istochniki -- kn. 2. Ėtika biznesa kak sistemoobrazui︠u︡shchiĭ print︠s︡ip formirovanii︠a︡ sovremennoĭ ėkonomicheskoĭ kulʹtury.

This study examines the representations of human gene patents in Chinese newspapers. We conducted a qualitative content analysis of news articles published between 2006 and 2017 to identify the major themes in media coverage, ethical considerations, perceptions of risks and benefits, and attitudes towards the patentability of human genes. The results show that two key ethical concerns were expressed by journalists: that it is morally wrong to own or patent human genes and that gene patents could potentially impede patients’ access (...) to healthcare services. Nonetheless, the press coverage has tended to be largely favorable, rather than opposed to human gene patenting. There were no normative claims that human genes should not be patentable in China, which indicates a generally positive attitude towards patentability in media discourse. Most articles that expressed criticism toward gene patenting discussed challenges in other countries, with significant attention given to the United States Supreme Court’s ruling in the Myriad case that invalidated Myriad Genetics’ patents on the BRCA1 and BRCA2 genes. Overall, the newspapers were uncritical of the Chinese gene patenting regime. News reporting on the issue was highly suggestive of a strong pro-commercialization stance, although some discussions emphasized potential risks over benefits. Our analysis highlights the need for balanced media reporting on human gene patents in China and a top-down approach to engage the public in substantive discussions on the ethical and societal implications of the existing patent regime. (shrink)

This paper uses an innovative way to screen stocks and analyzes the relationship between corporate environmental responsibility and long-run stock returns. By our definition, an environmentally responsible (green) company gives no environmental concern and shows environmental strength(s). Using 20 years’ data of 1992–2011, we find evidence that environmentally responsible company outperforms, in the 4th to 7th year after the screening year. An equal-weighted environmentally responsible portfolio earned an annual four-factor alpha of 4.06 % in the 4th year, 3.00 % above (...) industry benchmarks, and 3.87 % above characteristic benchmarks. The results are robust to alternative portfolio weighting methodologies, controlling for firm characteristics, and the removal of outliers. Testing using industry-adjusted Tobin’s Q, we find consistent evidence that environmental strength creates firm value. We argue that environmental responsibility is an intangible asset, likely to be undervalued by the market, especially in the long horizon, thereby causing environmentally responsible companies to exhibit long-horizon excess returns. (shrink)

The cosmology elaborated in the Hengxian is eclectic. Its most salient point is the notion of self–generation which most probably stems from some other independent source no longer extant today. Apart from the cosmology of self–generation, there existed three other types of cosmology in ancient China: ‘nonpresence to presence’ cosmology, numerological cosmology, and mythological cosmology. Interestingly, the pursuit of the cosmological problematic led ancient Chinese thought to two antinomies. The first one revolved around the issue of whether the world and (...) the myriad things have a beginning. The latter antinomy regarded the question of whether the generation and transformation of the world and the myriad things is caused by ‘some agency’ or whether there is ‘no maker’ involved in the cosmological process. These two antinomies have their close counterparts in two of the four antinomies introduced by Immanuel Kant, which attests to the depth of philosophical reasoning in ancient China. (shrink)

The scarcity of women’s writings in antiquity presents an intractable problem for feminists intending to integrate women’s perspectives into the existing philosophical canon. One way to undo the erasure of women is for feminists to look to the east; in China, there is an abundance of well-preserved women’s writings, along with their biographical records, as early as the 6th century BCE. This essay will provide a survey of those women’s records, focusing on the 6th century BCE to the 4th century (...) CE, as a way to reimagine the discipline of Philosophy and its canon. (shrink)

The recent Canadian lawsuit on patent infringement, filed by the Children’s Hospital of Eastern Ontario, has engendered a significant public debate on whether patenting genes should be legal in Canada. In part, this public debate has involved the use of social networking sites, such as Twitter. This case provides an opportunity to examine how Twitter was used in the context of this gene patent controversy.

The renormalization group has been characterized as merely a coarse-graining procedure that does not illuminate the microscopic content of quantum field theory, but merely gets us from that content, as given by axiomatic QFT, to macroscopic predictions. I argue that in the constructive field theory tradition, RG techniques do illuminate the microscopic dynamics of a QFT, which are not automatically given by axiomatic QFT. RG techniques in constructive field theory are also rigorous, so one cannot object to their foundational import (...) on grounds of lack of rigor. (shrink)