是東漢哲學家、思想家桓譚的主要論着，但早己亡佚。今存之輯本有《指海》內佚名氏輯本、清孫馮翼輯本、清嚴可均輯本、黃以周輯本，及近人朱謙之輯本，但均有不足。有鑒於此，吳則虞先生於1962年着有新輯本，收錄 二百餘條，以類相從，分為八卷，並添加附編，匯涵桓譚佚文、存疑、訂訛之文；記載桓譚事跡、著述、評論之文。 桓譚，后漢時人，官至給事中。博學多識，破讖緯迷妄，去虛妄偽飾，先於王充、張衡，具有唯物啟蒙學者之學識，是漢時哲學思想家。《新諭》是桓譚主要論着，但早已亡佚。據歷史記載，明有二卷本，清有孫之騌輯本，皆不 傳。另有《指海》內佚名氏輯本、清孫馮翼輯本、清嚴可均輯本、黃以周輯本及近人朱謙之輯本。從今日的學術、校勘、編排諸方面來看，諸本均有不足：或短椾零篇，漫無倫紀；或望文歸屬，強系篇名；或條目重復，內容雜陳 迭見；或引用刻本，多有遺漏；或雖沿用十七卷篇目之名稱，但其條目已不能再顯現原書各篇的思想內容。有鑒於此，吳則虞先生於一九六二年着有新輯本，收錄二百余條，以類相從，分為八卷，並添加附編，匯涵桓譚佚文、存 疑、訂訛之文；記載桓譚事跡、著述、評論之文；最后殿以輯校引用書目及版本之詳目，以便於讀者查閱與研究。此書成為目前桓譚《新論》集大成之著作。.

In two recent papers, Mr Robert Young maintains that all attempts by philosophers to bolster the-violation-of-law concept of miracles are bound to fail and propounds what he claims to be a novel non-reductivist concept of miracles which avoids the conceptual difficulties of the violation-model. His view of miracles is of god being ‘an active agent-factor in the set of factors which actually was causally operative’ [p. 123] in an event dubbed a miracle. God is put in among ‘the plurality of (...) causes’ [p. 122, S p. 33] that could determine the event, but if he acts in a miracle, then ‘his presence…alters the outcome from what it would have been if, contrary to fact , he had not been present’ [p. 122]. Young claims that his concept ‘is neither a violation of … laws nor is it a coincidental occurrence religiously interpreted’ [p. 122, S p. 33], and so it avoids the difficulties, which he thinks are faced by the violation-model, of having an intelligible notion of an occurrence of the physically impossible, and also the reductivism inherent in taking mere coincidences as miracles. He also suggests a procedure of settling the epistemological issue regarding particular alleged miracles, an inquiry he thinks he has made possible by having first given a sense to miracles. [p. 126]. (shrink)

The longstanding philosophical orthodoxy on counterfactuals holds, in part, that counterfactuals with metaphysically impossible antecedents are indiscriminately vacuously true. Drawing on a number of examples from across scientific practice, I argue that science routinely treats counterpossibles as non-vacuously true and also routinely treats other counterpossibles as false. In fact, the success of many central scientific endeavors requires that counterpossibles can be non-vacuously true or false. So the philosophical orthodoxy that counterpossibles are indiscriminately vacuously true is inconsistent with scientific practice. I (...) argue that this provides a conclusive reason to reject the orthodoxy. (shrink)

This paper explores the ethical and conceptual implications of the findings from an empirical study (reported elsewhere) of decision-making capacity in anorexia nervosa. In the study, ten female patients aged thirteen to twenty-one years with a diagnosis of anorexia nervosa, and eight sets of parents, took part in semistructured interviews. The purpose of the interviews was to identify aspects of thinking that might be relevant to the issue of competence to refuse treatment. All the patient-participants were also tested using the (...) MacArthur Competence Assessment Tool—Treatment test of competence. This is a formalized, structured, interviewer-administered test of competence, which is a widely accepted clinical tool for determining capacity. The young women also completed five brief, self-administered questionnaires to assess their levels of psychopathology. The issues identified from the interviews are described under two headings: difficulties with thought processing and changes in values. The results suggest that competence to refuse treatment may be compromised in people with anorexia nervosa in ways that are not captured by traditional legal approaches. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Decision-Making as a Broader ConceptJacinta O. A. Tan (bio), Anne Stewart (bio), and Tony Hope (bio)KeywordsCompetence, decision-making, capacity, anorexia nervosa, autonomy, values, identityWe thank Demian Whiting for the thoughtful critique of aspects of our paper (Tan et al. 2006a). A primary aim of our research was to provide empirical grounds on which to stimulate discussion about the nature of decision-making capacity (DMC). Whiting criticizes in particular the concept of (...) 'pathological values' that we suggested might be relevant in the assessment of DMC and in the related issue of deciding when a patient's refusal of beneficial treatment should be overridden.Whiting's central concern is with DMC. Whiting argues that the absence of pathological values should not be a criterion for DMC. We are unclear whether he is also arguing that pathological values do not provide a reason of any kind for overriding treatment refusal. At the end of the paper he writes: "we cannot justify compulsory treatment of patients who have pathological values... on the grounds that these patients lack DMC" (2009, XX). This seems to leave open the possibility that we may be able to justify compulsory treatment of patients who have pathological values on grounds other than that they lack DMC. As we wrote in our response to the discussants of our original paper, "The primary issue for us is whether the reasons for refusal to which we draw attention provide grounds for overriding refusal, and if they do how they can be characterized in such a way as to avoid the ever-present danger of simply overriding autonomy in a patient's best interests" (Tan et al. 2006b, 300).In deciding on whether to use compulsory treatment, there are other relevant factors that may need to be considered, such as the seriousness of the decision, which determines the threshold for competence. However, in this response we consider three issues. First, we argue that the current concept of DMC is by no means so clear cut or generally agreed upon as Whiting implies, and that some of the lack of clarity relates to pathological values. Second, that the concept of DMC is itself dependent on accounts of autonomy, and that it is plausible that pathological values can affect autonomy. Third, we directly consider the question of whether a coherent account of pathological values might be given based on a concept of authenticity.The Current Criteria for DMCWhiting argues that the current criteria for DMC are correct and that an additional criterion along the lines of absence of pathological values should not be added. This argument assumes that there is a clear and agreed understanding of the current criteria. We believe this is not the case for three reasons.(i) Whiting begins his account of DMC by saying that it is normally taken to include: "(1) [End Page 345] understanding (and appreciation)" (2009, 341). Already there is an area of dispute, and the use of parentheses reflects this. The concept of 'appreciation' was developed by Grisso and Applebaum (Grisso, Appelbaum, and Hill-Fotouhi 1997). It is not included in either English common law development, for example (ReC), nor in the criteria specified in the Mental Capacity Act 2005. More important, Grisso and Appelbaum in their comment on our original paper (2006) argue that our work advances thinking about 'appreciation' rather than requiring that we add new elements. The implication is that they believe that what we have called pathological values are relevant to the assessment of capacity and are already included in an account of capacity that incorporates the criterion of 'appreciation.' In our response, we argued that pathological values are not entirely captured within the account of appreciation that Grisso and Appelbaum had previously given. We do not want to revisit that issue here, but the point of relevance is that on one view (that of Grisso and Appelbaum) pathological values are already included in the current criteria for DMC as part of the concept of appreciation, whereas on Whiting's view they are not.(ii) Even if there were agreement over the wording and concepts relevant to DMC there is a further important issue: how are those concepts... (shrink)

The cosmopolitan idea of justice is commonly accused of not taking seriously the special ties and commitments of nationality and patriotism. This is because the ideal of impartial egalitarianism, which is central to the cosmopolitan view, seems to be directly opposed to the moral partiality inherent to nationalism and patriotism. In this book, Kok-Chor Tan argues that cosmopolitan justice, properly understood, can accommodate and appreciate nationalist and patriotic commitments, setting limits for these commitments without denying their moral significance. This book (...) offers a defense of cosmopolitan justice against the charge that it denies the values that ordinarily matter to people, and a defence of nationalism and patriotism against the charge that these morally partial ideals are fundamentally inconsistent with the obligations of global justice. Accessible and persuasive, this book will have broad appeal to political theorists and moral philosophers. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Studying Penguins to Understand BirdsJacinta O. A. Tan (bio), Anne Stewart (bio), Ray Fitzpatrick (bio), and Tony Hope (bio)Keywordsanorexia nervosa, treatment decision-making, competence, valuesWe are grateful to Grisso, Appelbaum, Charland, and Vollmann for their thoughtful commentaries on our paper. We would like to respond by picking up on some of the points they make, although we do not address all the issues raised.Our general aims in the paper are (...) less immediately pragmatic than are the central concerns of Grisso and Appelbaum. Our interest is primarily in a number of ethical, and related conceptual, issues that arise from empirical data. In the long run, of course, we believe that these ethical and conceptual issues are important to the care of people with mental disorders, but our focus is philosophical.Our central interest is what justifies overriding treatment refusal. We are unhappy with a "status" approach according to which, for example, the mere fact that a person suffers a mental disorder provides grounds for overriding her wishes. Such an approach, it seems to us, fails to identify reasons, and discriminates against those with mental disorder, a view shared by the Law Commission (The Law Commission 1995). We are, on the other hand, attracted by the approach that grounds any overriding of treatment refusal on lack of capacity (or competence) to make treatment decisions. The concept of capacity has been well developed through legal cases and conceptual analysis, not least by Grisso and Appelbaum themselves. We were struck, however, first through clinical experience, and subsequently from the pilot study reported in our paper, that many patients with anorexia nervosa who refuse treatment do not necessarily lack capacity, using the current criteria, and yet show features or give reasons that raise serious doubts as to whether it is right to respect their refusal of treatment.To avoid reliance on a "status" approach, the issue with which we are grappling is whether the concept of capacity (and therefore lack of capacity) can be developed to encompass some of our findings, and whether it is ethically right to do so. Charland makes the important point that the concept of competence, or capacity, has both a descriptive and a prescriptive component. It is for this reason that the question of whether, for example, we should extend the criteria for capacity is part of the question of when it is morally right to override treatment refusal.Grisso and Appelbaum suggest that our work advances "our thinking about appreciation, rather than requiring that we add new elements" (2006, 297). From our perspective, and at this stage, it is a secondary issue whether we are suggesting a development of appreciation, or a new element (e.g., "pathological values"). The primary issue for us is whether the reasons for refusal to which we draw attention provide grounds for overriding refusal, and if they do how they can be characterized in [End Page 299] such a way as to avoid the ever-present danger of simply overriding autonomy in a patient's best interests.We chose to study anorexia nervosa for various reasons, but we expect that the issues raised have a more general relevance (such as to substance abuse and impulse control disorders as Grisso and Appelbaum and Charland suggest). We do not expect the results to be relevant to all, or even most, mental disorders. Our main interest is not the specific management of people with anorexia, but how the data challenge, and help to develop, the concept of capacity, and the ethical analysis of overriding patient refusal of treatment. Our paper aims to address what we understand Charland to be referring to by the "pretheoretical desiderata" (2006, 283) of the concept of capacity. One reason why we chose anorexia as the focus of this work is because it is different from many mental disorders in the issues that it raises. In this it is, perhaps, rather like studying penguins to better understand the concept of bird just because penguins, although clearly birds, have unusual features.We agree, therefore, with Grisso and Appelbaum's caution that it would be unwise to jump in and change the MacCAT-T on the basis of the results... (shrink)

Kok-Chor Tan addresses three key questions in political philosophy: Where does distributive equality matter? Why does it matter? And among whom does it matter? He argues for an institutional site for egalitarian justice, a luck-egalitarian ideal of why equality matters, and a global scope for distributive justice.

This article proposes a Confucian conception of critical thinking by focussing on the notion of judgement. It is argued that the attainment of the Confucian ideal of li necessitates and promotes critical thinking in at least two ways. First, the observance of li requires the individual to exercise judgement by applying the generalised knowledge, norms and procedures in dao to particular action-situations insightfully and flexibly. Secondly, the individual's judgement, to qualify as an instance of li, should be underpinned and motivated (...) by the ethical quality of ren that testifies to one's moral character. Two educational implications arising from a Confucian conception of critical thinking are highlighted. First, the Confucian interpretation presented in this essay challenges the perception that critical thinking is absent from or culturally incompatible with Chinese traditions. Secondly, such a conception advocates viewing critical thinking as a form of judgement that is action-oriented, spiritual, ethical and interpersonal. (shrink)

Employing the distinction between the authoritarian (based on coercion) and the authoritative (based on excellence), this study of the understanding of authority in the Analects argues against interpretations of Confucianism which cast Confucius himself as advocating authoritarianism. Passages with key notions such as shang 上 and xia 下; fu 服 and cong 從; quan 權 and wei 威, are analyzed to illuminate ideas of hierarchy, obedience, and the nature of authority itself in the text. The evidence pieced together reveals the (...) Master to be authoritative rather than authoritarian; and the social order to which he aspired is one based on excellence rather than on coercion. The article then considers why teachings which present a model of authority as authoritative ended up as often identified with authoritarianism and concludes with some thoughts about how Confucianism might be rescued from authoritarian practice. (shrink)

Confucianism’s long historical association with despotism has cast doubts on its compatibility with democracy, and raise questions about its relevance in contemporary societies increasingly dominated by democratic aspirations. “Confucian democracy” has been described as a “contradiction in terms” and Asian politicians have appropriated Confucianism to justify resistance to liberalization and democratization. There has been a lively debate over the question of whether democracy can be found in Confucianism, from ancient texts such as the Analects and Mencius, to Confucian institutions such (...) as those recommended by Song dynasty Huang Zongxi. Philosophers have examined similarities and differences between Western ideas, such as autonomy, liberty, and rights, that are central to democratic theories on the one hand and Confucian ideas of virtue, ren, yi, li, zhi, exemplary person and authority. Scholars have studied the biographical accounts of prominent Confucians to understand the Confucian ideal person and society. Works arguing that there are elements of democracy in Confucianism, or that some Confucian ideas could provide the basis for a contemporary Confucian democracy, differ in the kind of democracy they choose as models. Liberal democracy was the model of earlier works; with increasing criticisms of liberal democracy in the past decades, a growing number of works arguing for Confucian democracy seek alternatives to liberal democracies, many proposing some kind of communitarian democracy as having affinity with the Confucian philosophical orientation. Besides conceptions of democracy that view it in terms of political systems, Dewey’s conception of democracy as the idea of community and primarily a moral ideal has also inspired attempts to reconstruct Confucian democracy. (shrink)

Many liberals have argued that a cosmopolitan perspective on global justice follows from the basic liberal principles of justice. Yet, increasingly, it is also said that intrinsic to liberalism is a doctrine of nationalism. This raises a potential problem for the liberal defense of cosmopolitan justice as it is commonly believed that nationalism and cosmopolitanism are conflicting ideals. If this is correct, there appears to be a serious tension within liberal philosophy itself, between its cosmopolitan aspiration on the one hand, (...) and its nationalist agenda on the other. I argue, however, that this alleged conflict between liberal nationalism and cosmopolitan liberalism disappears once we get clear on the scope and goals of cosmopolitan justice and the parameters of liberal nationalism. Liberal nationalism and cosmopolitan global justice, properly understood, are mutually compatible ideals. (shrink)

Kant divides moral duties into duties of virtue and duties of justice. Duties of virtue are imperfect duties, the fulfillment of which is left to agent discretion and so cannot be externally demanded of one. Duties of justice, while perfect, seem to be restricted to negative duties (of nondeception and noncoercion). It may seem then that Kant's moral philosophy cannot meet the demands of global justice. I argue, however, that Kantian justice when applied to the social and historical realities of (...) the world can generate positive duties to promote and provide for the well being of others. (shrink)

Journal of Philosophy of Education, EarlyView.

What is social entrepreneurship? In, particular, what’s so social about it? Understanding what social entrepreneurship is enables researchers to study the phenomenon and policy-makers to design measures to encourage it. However, such an understanding is lacking partly because there is no universally accepted definition of entrepreneurship as yet. In this paper, we suggest a definition of social entrepreneurship that intuitively accords with what is generally accepted as entrepreneurship and that captures the way in which entrepreneurship may be altruistic. Based on (...) this we provide a taxonomy of social entrepreneurship and identify a number of real cases from Asia illustrating the different forms it could take. (shrink)

I outline what I call a relational account of toleration. This relational account helps explain the apparent paradox of toleration in that it involves two competing moral stances, of acceptance and disapproval, towards the tolerated. It also helps clarify the way toleration is a normative ideal, and not a position one is forced into out of the practical need to accommodate or accept. Specifically, toleration is recommended out of respect for that which the tolerant agent also disapproves of. This combination (...) of respect entangled with disapproval results from two different evaluative perspectives of the tolerant agent. The relational account explains how an agent can hold these competing evaluative perspectives. I also discuss the proper scope of state toleration under this relational account. (shrink)

Since the official history-writing is a defining aspect for the formation and consolidation of nation-states, it is crucial to explore the attempts to legitimize particular discourses regarding historical atrocities. The selective representations of the past, in this regard, contradict counter-memories and propagate hegemonic patterns of remembrance and/or forgetting of past crimes. This article accordingly addresses how the representations of counter-memories as threats to national security and the silencing of gender-specific experiences and remembrances by sanctioned historical narratives become manifest in the (...) history-making of the Turkish nation-state. By focusing on the Holocaust and the Armenian Genocide as two cases of crimes against humanity, it is intended to discuss the shifting positions and roles that the Turkish state adopts in the remembering and forgetting of historical offences. The article argues that through prioritizing national security and national interests, the securitization of memory reconstructs collective traumas of distinct ethnic and religious groups on the basis of a nation-state’s perceived internal and external threats. It also claims that the competing voices of women and their distinct experiences and patterns of remembrance and forgetting past atrocities are suppressed for the sake of the preservation of national security. By incorporating the issue of gender into the debate on the securitization of memory, this article elucidates the mismatch between positions of femininity and masculinity within the official national historiography of the Turkish state. (shrink)

This paper presents a unified argument against three widely held contemporary analyses of lawhood—Humean reductionism about laws, the dispositionalist view of laws, and the view of laws as relation...

I argue that an account of national responsibility, as both collective and inheritable, that allows for making sense of holding nations responsible as an entity for past international injustices and to make reparations for these injustices is not at odds with the demands of global egalitarianism. A global distributive commitment does not deny this account of national responsibility; to the contrary, we can properly appreciate the scope of national responsibility only in light of what global justice truly demands. Thus while (...) I agree with David Miller that we can hold nations accountable for past international injustices, I do not agree with Miller that this is in tension with global egalitarianism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Response to Chiao-Wei Liu, "Response to Leonard Tan and Mengchen Lu, 'I Wish to be Wordless': Philosophizing through the Chinese Guqin," Philosophy of Music Education Review 26, no. 2 (Fall, 2018): 199–202Leonard Tan and Mengchen LuChiao-Wei Liu's response to our paper raised important issues regarding the translation and interpretation of Chinese philosophical texts, our construals of Truth and ethical awakening, differences between the various Chinese philosophical traditions, and the (...) importance of recognizing students' selves as music educators work with them through diverse musical traditions. In this paper, we respond to each of these issues in turn.Liu rightly pointed out that the translation and interpretation of classical Chinese texts is complex. To support her argument, she cited a phrase from the [End Page 210] Zhuangzi that was quoted in our paper ("The fish trap exists because of the fish; once you've gotten the fish, you can forget the trap") and noted that it has often been used "to attribute to one's ungrateful attitude after receiving help from others."1 Taken on its own as a standalone, this reading appears plausible. Our interpretation, however, takes into account the quote in its original context:荃者所以在魚，得魚而忘荃；The fish trap exists because of the fish; once you've gotten the fish you can forget the trap.蹄者所以在兔，得兔而忘蹄；The rabbit snare exists because of the rabbit; once you've gotten the rabbit, you can forget the snare.言者所以在意，得意而忘言。Words exist because of meaning; once you've gotten the meaning, you can forget the words.吾安得忘言之人而與之言哉？Where can I find someone who has forgotten words so I can talk with the person?"2In each of the first three phrases, there are six characters followed by five. This pattern indicates that the first three phrases should be read as a whole rather than independently, which then lead to the final phrase–the playful climax which reveals that Zhuangzi's purpose here is to discuss language. The fish trap and rabbit snares are metaphors for words, while the fish and the rabbit are metaphors for meaning. Each of the first three phrases convey the same idea that if we get overly hung up on the means (that is, the fish trap, the rabbit snare, and words), we will never get to the Dao. Taken as a whole, the passage conveys the idea of words being mere means to the Dao, rather than the Dao itself, which supports the central theme of our paper: Philosophizing without words. Indeed, as Liu noted, the translation and interpretation of Chinese philosophical texts is a complex one, to which we add the importance of context.In our paper, we drew on the Buddhist notion of mingxin jianxing (明心見性) to explain how a guqin player quietly and meditatively clears her heart-mind before playing the instrument so that she can search for Truth within and discover her innermost self. Extending and adapting our ideas for contemporary music education, we proposed that music education is not just an outward journey to learn about composers, but also an inward one to learn about the self. Liu's construal of our work as claiming that "Truth does not reside within the [End Page 211] performer or the music, but is located in the space where the two are in sync" and also that "qualities aligned with the music are ethically good, whereas those that differ are not"3 extend our writing in ways we did not intend. Quite on the contrary, we agree with Liu that different students have different needs, hence our proposition for students to search inwards and discover themselves.In like vein, we agree with Liu that "when music learning becomes a means of assimilating toward one prescribed/predetermined standard, regardless of students' lived realities or how they make sense of the world, teaching then ceases to be moral."4 As noted in our paper, we are not in favor of a standards-based approach to music education that is rigid; similarly, we do not advocate the prescription of moral standards. The moral stories associated with the guqin tradition are heuristic; they aim to inspire ethical awakening, not to impose moral standards, and are therefore neither mechanistic nor to be... (shrink)

Çocuk evliliği, tarih boyunca farklı toplumlarda bilinen ve uygulanan sosyal bir olgu olsa da son zamanlarda, modern duyarlılıkları giderek daha fazla rahatsız eden bir hal almıştır. Son iki asır öncesine kadar, Avrupa hukuki düşüncesinde çocuklar yargı önünde farklı bir muamele görmelerine imkan veren istisnai bir statüye sahip değildi. Diğer taraftan, İslam hukukunun çocuklara, özel bir hukuki statü kazandırma konusunda bazı öncü adımlar attığını söyleyebiliriz. Nitekim, en eski İslam hukuku kitaplarının bile, insanın fiziksel ve zihinsel gelişim aşamalarına ve her bir aşamada (...) ortaya çıkan hukuki hükümlere dair son derece teknik ayrıntılarla dolu olduğunu görebiliriz. Ancak çocuk hakları konusundaki bu erken farkındalığa rağmen, çocuk evliliği olgusu hem İslam toplumlarında hem de İslam hukukunda kendini gösterebilmiştir. Çünkü, İslam çocuk hukuku, ilk ortaya çıktığı dönemin kültürel şartlarından ciddi şekilde etkilenmiştir. Üstelik bu kültürel şartlar, İslam dünyası boyunca İslam çocuk hukukunun temel zemini olma işlevini sürdüre gelmiştir. Bu çalışma, alimlerin çocuk evliliğini delillendirmek üzere yapageldikleri bazı aşırı yorumları ortaya koymaya ve konuyla ilgili âyetleri metinsel bağlamıyla daha uyumlu bir şekilde okumaya çalışmaktadır.Özet: Her bağlam için geçerli olabilecek, standart bir çocuk tanımı yapmak göründüğünden daha güçtür. Bu nedenle çocuk araştırmaları sahasında çalışan akademisyenlerin, muhtelif sosyal disiplinler tarafından yapılacak herhangi bir çocuk tarifi konusunda memnuniyetsizlik içinde olması doğaldır. Diğer yandan, İslam hukukunda baştan beri ayrıntılı bir çocuk hukuku teorisi mevcuttur. İslam hukuk düşüncesinde, insanlar doğum ile yetişkinlik arasındaki gelişim döneminde üç aşamadan geçerler: Çocukluk (küçüklük), buluğ ve rüşt. Bütün fıkıh mezhepleri, insanın doğumu ile ergenliği arasındaki dönemde küçük çocuk sayılacağı kanaatindedirler. Bu çocukların mallarının en iyi şekilde idare edilebilmesi için yasal temsilcileri bulunmak zorundadır. Fakîhler çocuğun velisinin, özellikle de baba veya baba tarafından dedenin, velâyeti altındaki küçük çocuklar üzerinde mücbir bir yetkisi olduğu (velâyet-i mücbire) konusunda geniş bir fikir birliğine sahiptirler. Buna göre veliler, velâyetleri altında bulunan çocukları uygun gördükleri kişilerle evlendirme yetkisine de sahiptirler. Fakat zaman zaman beşik kertmesi olarak da anılan bu uygulama bir ön sözleşmeden ibarettir. Yani bu sözleşme doğrudan doğruya fiziksel boyutları da olan müşterek bir evlilik hayatını meşru kılmamaktadır. Çünkü cinsel hayatın ancak buluğdan sonra gerçekleşmesi ön görülmektedir. Modernite öncesi İslam tarihi boyunca, İbn Şubrume (ö. 144/761), Ebû Bekr el-Esamm (ö. 200/816) ve Osman el-Bettî (ö. 143/760) gibi bir kaç fakih dışında küçük çocukların evlenmesine kategorik olarak karşı çıkan kimselere pek rast gelinmemektedir.Hanefi mezhebinde, herhangi bir zihinsel özrü olmaksızın buluğa eren erkek ve kız çocuklar evlilik konusunda mücbir velâyetin kapsamı dışına çıkarlar. Bu, evlilik sözleşmelerini bizzat gerçekleştirebilecekleri anlamına gelmektedir. Fakat veli, uygunsuz bulduğu evliliğe karşı dava açarak bunu yargı yoluyla geçersiz kılma yoluna gidebilir. Diğer üç Sunnî mezhep ise erkek ve kız çocuklar arasında bir ayrım yapar: Buluğa eren erkek kendi evlilik akdini yapabilme hakkını elde ederken aynı durumdaki kız çocuklar velâyet altında kalmaya devam ederler. Şâfiʿî mezhebine göre, velâyeti gerekli kılan illet (bekaret) hâlâ geçerliliğini korumaktadır. Dolayısıyla veli, kızları evlendirme konusundaki icbâri yetkisini elinde tutmaya devam etmektedir. Bu durumda kızın rızasının alınması, akdin geçerliliği için şart olmaktan ziyade sadece nezaket gereğidir. Rüşte ulaşmak veya fizyolojik olgunlaşma sürecini tamamlamak ise İslam hukukunda evlilik için şart görülmemiştir.Modern zamanlara kadar geleneksel İslam hukukunun erken evlilik lehinde gösterdiği bu yaklaşımda herhangi bir değişiklik olmamıştır. 1917 yılında çıkan Hukuk-ı Aile Kararnamesi daha önce benzeri görülmemiş bir dizi düzenleme getirmiştir: İlk olarak, evlilik yaşı erkek için on sekiz kız için ise on yedi olarak belirlenmiştir. On sekiz yaşın altındaki erkeklerin hakimden evlenme izni alması; on yedi yaşından küçük kızların ise hem veli onayı hem de hakim iznine sahip olması zorunlu hale getirilmiştir. On iki yaşın altındaki erkekler ile dokuz yaşından küçük kızların ise asla evlendirilemeyeceği kararlaştırılmıştır.Mantıkî bağlam ve sentaktik yapı elverişli olmamasına rağmen fakihler çocuk evliliğini desteklemek üzere bazı Kur’ân âyetlerine (Nisâ 4/3-6, Nisâ 4/127, Talâk 65/4) referansta bulunmuşlardır. Makale içeriğinde detaylı şekilde açıklandığı üzere zorlama yorumlamalarda bulunmuşlardır. Bu makale, söz konusu âyetlere daha tutarlı bir yorum getirmeye çalışmaktadır. Aynı şekilde, Kur’an’ın çocuk evliliğini kolaylaştırıcı bir tavır içerisinde olmadığını, çocukların evlendirilebilmesi yönündeki yaklaşımların tarihsel ve kültürel şartlara bağlı olarak yapılan bazı zorlama yorumlara dayandığını ileri sürmektedir.Hz. ʿÂişe’nin Hz. Peygamber ile oldukça erken bir yaşta evlendiğine dair nakledilen rivâyet de konuyla ilgili olarak ileri sürülen başka bir argümandır. Bu rivâyetin sahih olduğuna inanılmaktadır. Buna rağmen ilginç bir şekilde bu rivâyet çok az fakih tarafından kullanılmıştır. Bunun sebebi, fakîhlerin Hz. Peygamberin mahremiyetinden bahsetmek istememeleri olabilir. Rivâyetin hücciyeti konusuna kuşkuya kapılmış olmaları da mümkündür. Söz konusu rivâyete daha yakından bakıldığında, ifadedeki menfi üslup hemen dikkat çekmektedir. Çünkü rivâyette Hz. ʿÂişe, Hz. Peygamberle evlendiği günü anlatırken sürekli olarak fizyolojik ve psikolojik açıdan olumsuz koşullardan bahsetmektedir. Nitekim Hz. ʿÂişe birden bire oynamakta olduğu salıncaktan alınmakta ve kendisinin de bilmediği bir yere doğru götürülmektedir. Rivâyet, sadece çocuk evliliğinin cevazını ortaya koymakla yetinmemekte, sanki aynı zamanda çocukların uygunsuz koşullardaki evlilik taleplerine bile itaatkar olmaları gerektiğini salık vermektedir. İçerik yanında teknik olarak bakıldığında bu rivâyet, haber-i vâhiddir. Çünkü rivâyet, sadece Hz. ʿÂişe tarafından bilinebilecek detayları içermektedir. Tarihî açıdan bir öneme sahip olmasına rağmen dinî hükümlere kanıt olma niteliğinden yoksundur. Çünkü bu rivâyette, râvi konuyla ilgili Hz. Peygamber’e ait resmi bir açıklamayı nakletmemekte; sadece kendi zaviyesinden maruz kaldığı bir durumdan bahsetmektedir. (shrink)

Philosophy of dialectical materialism and logic.

This paper argues for the pragmatic construction of Confucian democracy by showing that Chinese philosophers who wish to see Confucianism flourish again as a positive dimension of Chinese civilization need to approach it pragmatically and democratically, otherwise their love of the past is at the expense of something else Confucius held in equal esteem, love of learning. Chinese philosophers who desire democracy for China would do well to learn from the earlier failures of the iconoclastic Westernizers, and realize that a (...) Chinese democracy cannot come about by ignoring or dismissing such an important part of China's history, its Confucian tradition. The best chances for democracy in China lie in transforming that tradition without destroying it. Eagerness to learn from others must be united with a proper appreciation of one's own past to nurture democracy as a way of life. (shrink)

Electroencephalogram based Brain–Computer Interfaces enable stroke and motor neuron disease patients to communicate and control devices. Mindfulness meditation has been claimed to enhance metacognitive regulation. The current study explores whether mindfulness meditation training can thus improve the performance of BCI users. To eliminate the possibility of expectation of improvement influencing the results, we introduced a music training condition. A norming study found that both meditation and music interventions elicited clear expectations for improvement on the BCI task, with the strength of (...) expectation being closely matched. In the main 12 week intervention study, seventy-six healthy volunteers were randomly assigned to three groups: a meditation training group; a music training group; and a no treatment control group. The mindfulness meditation training group obtained a significantly higher BCI accuracy compared to both the music training and no-treatment control groups after the intervention, indicating effects of meditation above and beyond expectancy effects. (shrink)

Since the publication of Ekins’ The Nature of Legislative Intent, significant attention has been paid to common attitude models of legislative intention, that is, models that require unanimity among its group members. A common interpretation of Ekins is that these common attitudes are to be preferred over aggregated attitudes. I argue that any feasible theory of legislative attitudes will require non-trivial aggregation (ie. not based on unanimity rules alone). Two arguments are put forward in this regard: first, that non-trivial aggregation (...) better explains uncooperative legislative behaviour and second, that mathematical problems with aggregation apply to common attitudes as well since they involve trivial aggregation. These arguments generalise to theories of common attitudes other than Ekins’. (shrink)

In his seminal essay “Two Concepts of Liberty,” Isaiah Berlin categorized freedom into positive or negative liberty: “freedom to” or “freedom from.” He provided a powerful critique against the metaphysical nature of positive liberty, arguing that it is oppressive, in contrast to the conception of negative freedom, defined as lack of interference. Meanwhile, conversations around the concept of freedom in Daoist philosophy often hover around categorizing it as either positive liberty in its spiritual form—what Berlin calls the “retreat to the (...) inner citadel”—or a type of negative liberty, being free from society’s interference. In this work, I argue that it may instead be more fruitful to explore the Chinese commentarial tradition for two reasons: (1) the problem of Berlin’s liberalist framework is problematic due to its inherently Anglo-European context, and concurrently, (2) there have been rich discussions of the sociopolitical aspects of the _Zhuangzi_ 莊子, especially by its leading Chinese commentator G uo Xiang 郭象, which have not been accounted for. Drawing from G uo Xiang, I render a reading of the concept of “free and easy wandering” (_xiaoyao_ 逍遙) in the _Zhuangzi_ as it directly relates to self-realization (_zide_ 自得) and having no heart-mind (_wuxin_ 無心), which makes for a more holistic understanding of freedom as self-determination. In particular, I argue that freedom in the philosophy of the _Zhuangzi_ can be more aptly understood as “freedom in,” which is more viable and just than both “freedom to” and “freedom from.”. (shrink)

Kok-Chor Tan argues that cosmopolitan liberalism can serve as a means to implement the ideal of moral universalism, if one sufficiently distinguishes non-toleration from intervention and moral universalism from dogmatism. In a further move, Tan claims that such an understanding of cosmopolitan liberalism can work to mutually regulate the behavior of states in the global arena. Tan’s co-panelists engage different aspects of his vision. Steve Coutinho underscores that changes within cultures do not typically result from a dialogue across cultures but (...) from within individual cultures. Instead of propping up universal morality on the ideal of cosmopolitan liberalism, we should, Coutinho proposes, work toward finding values that have been implemented to create practical circumstances that resemble those found in liberal cultures. Putting the spotlight on the historical context of liberal cosmopolitanism, Zachary Penman argues that to engage in a global dialogue, the onus is on cosmopolitan liberals to shift the geography of reasoning from imperiality to decoloniality. Equally, their decolonial partners in this dialogue should throw into light the normative content of their decolonial practical reason to facilitate the shift. Saranindranath Tagore encourages Tan to think about a more expanded account of autonomy that is set on a more explicit cosmopolitan register. To this end, he suggests that a cosmopolitan sensibility be fostered through education. Sympathetic to Tan’s larger project of a liberal cosmopolitanism that subscribes to epistemic modesty, Inés Valdez brings into focus structures of epistemic dogmatism that currently allow for political and economic control and exploitation of other peoples and their resources. Tan’s response considers how his own defense of liberal cosmopolitanism as well as his interlocutors’ responses relate to the broader project of decolonizing philosophy. (shrink)

Liberal nationalism is a boundary‐making project, and a feature of this boundary‐making enterprise is the belief that the compatriots have a certain priority over strangers. For this reason it is often thought that liberal nationalism cannot be compatible with the demands of global egalitarianism. In this essay, I examine the sense in which liberal nationalism privileges compatriots, and I argue that, properly understood, the idea of partiality for compatriots in the context of liberal nationalism is not at odds with global (...) equal concern for all persons. In particular, I argue that the three central goals and aspirations of liberal nationalism—promoting individual autonomy and cultural identity, the realization of deliberative democracy, and the aspiration for social justice within the state—do not entail or require a form of compatriot partiality that is inconsistent with the demands of global egalitarian justice. (shrink)

Anonymous didactic verse work, with paraphrase in Tamil and English; transcribed from a palm-leaf manuscript preserved in the Tanjore Maharaja Serfoji's Sarasvati Mahal Library.

The Bloomsbury Research Handbook of Chinese Philosophy Methodologies presents a new understanding of the changing methods used to study Chinese philosophy. By identifying the various different approaches and discussing the role, and significance of philosophical methods in the Chinese tradition, this collection identifies difficulties and exciting developments for scholars of Asian philosophy.

Sometimes, scientific models are either intended to or plausibly interpreted as representing nonactual but possible targets. Call this “hypothetical modeling”. This paper raises two epistemological challenges concerning hypothetical modeling. To begin with, I observe that given common philosophical assumptions about the scope of objective possibility, hypothetical models are fallible with respect to what is objectively possible. There is thus a need to distinguish between accurate and inaccurate hypothetical modeling. The first epistemological challenge is that no account of the epistemology of (...) hypothetical models seems to cohere with the most characteristic function of scientific modeling in general, i.e., surrogative representation. The second epistemological challenge is a version of “reliability challenges” familiar from other areas. There is a challenge to explain how hypothetical models could be a reliable guide to what is possible, given that they are not and cannot be compared against their nonactual targets and updated accordingly. I close with some brief remarks on possible solutions to these challenges. (shrink)

In this essay Charlene Tan offers a philosophical analysis of the Singapore state's vision of shared citizenship by examining it from a Confucian perspective. The state's vision, known formally as “Our Shared Values,” consists of communitarian values that reflect the official ideology of multiculturalism. This initiative included a White Paper, entitled Shared Values, which presented pejorative assessments of the ideals of “individual rights” and “individual interests” as antithetical to national interests. Rejecting this characterization, Tan argues that a dominant Confucian perspective (...) recognizes the correlative rights of all human beings that are premised on the inherent right to human dignity, worth, and equality. Furthermore, Confucianism posits that it is in everyone's interest to attain the Confucian ethical ideal of becoming a noble person in society through self-cultivation. Tan concludes by highlighting two key implications for Singapore from a Confucian perspective on the Shared Values: first, schools in Singapore should place greater emphasis on individual moral development of their students, and second, more avenues should be provided for residents to contribute actively to the development of the vision of shared citizenship. (shrink)

Abstract:In this paper, I offer my reading of John Dewey's Art as Experience and propose implications for music education based on Dewey's ideas. Three principal questions guide my task: What are some key ideas in Dewey's theory of art? How does Dewey's theory of art fit within his larger theory of experience? What are the implications of Dewey's ideas for music education? As I shall show, art for Dewey is rooted in nature, civilizes humans, serves as social glue, and has (...) an important role in society throughout most of human history. Modern life, however, separates art and life; there is a need to restore the continuity between art and the ordinary processes of living, a task that Dewey undertakes by positing the notion of art as experience. Dewey's ideas support an expanded curriculum in music education, one in which popular music may be included alongside Western classical music and music from diverse cultures. However, artistic and educational discernment are needed, which necessitates the need for music educators to be sufficiently steeped in varied musical traditions and styles. (shrink)