When analyzing complex longitudinal data, especially data from different educational settings, researchers generally focus only on the mean part (i.e., the regression coefficients), ignoring the equally important random part (i.e., the random effect variances) of the model. By using Project English Language and Literacy Acquisition (ELLA) data, we demonstrated the importance of taking the complex data structure into account by carefully specifying the random part of the model, showing that not only can it affect the variance estimates, the standard errors, (...) and the tests of significance of the regression coefficients, it also can offer different perspectives of the data, such as information related to the developmental process. We used xxM (Mehta, 2013), which can flexibly estimate different grade-level variances separately and the potential carryover effect from each grade factor to the later time measures. Implications of the findings and limitations of the study are discussed. (shrink)

This article examines the notorious mid-nineteenth-century American trial of Amelia Norman, who was acquitted - very much against the weight of the evidence - of attempting to kill the man who seduced her. In particular, we explore the role in the trial and its aftermath of the affective energies and cultural expectations set in motion by best-selling American sentimental novels like Hannah Foster's "The Coquette" and Susanna Rowson's "Charlotte Temple." In Norman's case, once newspapers, defense lawyers, and reformers such as (...) Lydia Maria Child recast the defendant as a sentimental heroine, the trial became about seduction, not attempted murder. The sentimental emplotment of Norman's life marshaled a powerful set of emotional responses and moral judgments on her behalf. For example, Norman claimed insanity. And since sentimental heroines are supposed to go mad when they are seduced and abandoned, the jury was prepared to interpret her symptoms according to her lawyers' very strategy for establishing her innocence. Ultimately, however, Norman embodied the plight of the sentimental heroine at the same time that she contested her fictional counterpart's fate. In this way, her trial spectacularized the disparity which the sentimental novel conjures up and displaces but never resolves. Going further, the common law theory of coverture, which severely limited the legal personhood of married women, has received a great deal of scholarly attention. Cases like Norman's remind us that unmarried women were also subject to draconian constraints on their legal personhood. The tort of seduction is a key example. Legal historians trace the development of the seduction tort from its common-law origins, when men's property interest in women's bodies formed the basis of the cause of action, to 1851, when Field Code authors (including Norman's lawyer, David Graham) persuaded several states to grant seduced women standing to bring their own cause of action. Consequently, courts were forced to reckon with the seduced woman as a moral agent capable of consenting to sex. As trials like Norman's demonstrate, sentimental novels helped lay the groundwork for this shift in the law by elucidating a subjectivity for the seduced woman. Yet the doctrinal implications of Norman's precedent-setting trial had a second, more ambiguous strain. Other women facing similar charges used the same legal strategy to gain acquittals in a substantial number of cases. Indeed, Norman's sentimental strategy proved so powerful that men on trial for killing their wives' seducers appropriated it to bring their own stories before juries and to reinforce male sexual norms through the so-called honor defense. In the end, then, Norman's trial fostered legal reform, but it also suggested - as Lydia Maria Child's fictionalization of the case in "Rosenglory" recognized - that only sustained and multifaceted efforts to change cultural as well as legal norms could improve the sexual status of women. In addition to its legal, literary, and historical insights that it provides, we also intend this article to contribute to debates on the nature of scholarship in law and literature. Scholars such as Wai Chee Dimock have argued for a focus on the historical and historically shifting relations between law and literature - a view we endorse. Where we differ from Dimock is in our diversion of attention away from abstract ideas of law laid out by treatise writers and philosophers in favor of law experienced and manipulated by individuals. So, too, we are interested less in representations of concepts such as justice in legal and literary texts than we are in the ways in which literature (broadly conceived) can create provisional and fragile opportunities for concrete instantiations of justice and even generate legal change (for good or ill). We would argue that to the extent legal change motivates rather than simply mirrors cultural change, it needs literature to be effective. This project, then, responds to Gregg Crane's call for attention to the complex and slippery historical interactions of law and literature that shape and are shaped by an ever changing cultural idiom of justice. The extended story of Amelia Norman, in short, not only constitutes a case study in the inescapable interaction between the overlapping and interdependent discourses of law and literature, but also reveals the literary and legal consequences of that interaction. (shrink)

Our paper explores how the affective energies and cultural expectations set in motion by best-selling American sentimental novels like Hannah Foster's The Coquette and Susanna Rowson's Charlotte Temple informed the notorious mid-nineteenth-century American trial of Amelia Norman, who attempted to kill the man who seduced her. Once newspapers, defense lawyers, and reformers such as Lydia Maria Child recast the defendant as a sentimental heroine, the trial became about seduction, and Norman was acquitted against the weight of the evidence. Sentimental novels (...) turn on the contrast between the passive victim status of the heroine and the active libidinal quest of the rake-villain. As Cathy Davidson points out, this fiction is "about silence, subservience, stasis (the accepted attributes of women as traditionally defined) in contradistinction to conflicting impulses toward independence, action, and self expression (the ideals of the new American nation)." The seduction plot diverts attention from this disparity by establishing an affective solidarity between heroine and reader and elevating the ruined woman to a tragic status. The sentimental emplotment of Norman's life marshaled a powerful set of emotional responses and moral judgements on her behalf. Norman claimed insanity. And since sentimental heroines are supposed to go mad when they are seduced and abandoned, the jury was prepared to interpret her symptoms according to her lawyers' very strategy for establishing her innocence. Ultimately, however, Norman embodied the plight of the sentimental heroine at the same time that she contested her fictional counterpart's fate. In this way, her trial spectacularized the disparity which the sentimental novel conjures up and displaces but never resolves. The common law theory of coverture, which severely limited the legal personhood of married women, has received a great deal of scholarly attention. Cases like Norman's remind us that unmarried women were also subject to draconian constraints on their legal personhood. The tort of seduction is a key example. Legal historians trace the development of the seduction tort from its common-law origins, when men's property interest in women's bodies formed the basis of the cause of action, to 1851, when Field Code authors (including Norman's lawyer David Graham) persuaded several states to grant seduced women standing to bring their own cause of action. Consequently, courts were forced to reckon with the seduced woman as a moral agent capable of consenting to sex. As trials like Norman's demonstrate, sentimental novels helped lay the groundwork for this shift in the law by elucidating a subjectivity for the seduced woman. Yet the doctrinal implications of Norman's precedent-setting trial had a second, more ambiguous strain. Norman's sentimental strategy proved so powerful that men on trial for killing their wive's seducers appropriated it to bring their own stories before juries and to reinforce male sexual norms. In the end, then, Norman's trial fostered legal reform, but it also suggested - as Child's fictionalization of the case in "Rosenglory" recognized - that only sustained and multifaceted efforts to change cultural as well as legal norms could improve the sexual status of women. Scholars such as Wai Chee Dimock have argued for a focus "on the historical and historically shifting relations between law and literature" - a view we endorse. Where we differ from Dimock is in our diversion of attention away from abstract ideas of law laid out by treatise writers and philosophers in favor of law experienced and manipulated by individuals. So, too, we are interested less in representations of concepts such as justice in legal and literary texts than we are in the ways in which literature (broadly conceived) can create provisional and fragile opportunities for concrete instantiations of justice and even generate legal change (for good or ill). Going further, we would argue that to the extent legal change motivates rather than simply mirrors cultural change, it needs literature to be effective. Thus, we see no need to characterize - and indeed reject the depiction of - law as "a limited arena" in which ideas of morality have little place. This project, then, responds to Gregg Crane's call for attention to "the complex and slippery historical interactions of law and literature that shape and are shaped by an ever changing cultural idiom of justice." The extended story of Amelia Norman not only constitutes a case study in the inescapable interaction between the overlapping and interdependent discourses of law and literature, but also reveals the literary and legal consequences of that interaction. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Mahāyāna Reading of Chalcedon Christology:A Chinese Response to John KeenanPan-chiu LaiIntroductionThe Christological formula of Chalcedon, especially its use of the substantialist concepts such as ousia, hypostatsis, and so on, has long been a target of criticism in the history of Western Christian theology.1 Recently, Kwok Pui-lan, an Asian feminist theologian, has queried not only the language or way of thinking of traditional Western Christology, but also its (...) anthropocentric tendency. According to Kwok, "the majority of Asian people find it difficult to accept a savior in human form because of their cosmological sensibility."2 Kwok also thinks that the Chalcedonian expressions such as "fully God and fully man" or "two natures in one substance" are quite beyondthe understanding of the majority of the Asian people. The lengthy debate on the difference between homoousia and homoiousia is also irrelevant to the average Chinese, because there are no immediate Chinese equivalents to the terms such as "being" or "essence." According to Kwok, Buddhism, in contrast, characterizes the world as transient and impermanent without using the philosophical language such as "being" and "nonbeing."3 Kwok further notes that "The Buddhist tradition asserts that there is not one Buddha, but many Buddhas, and that everyone has the potential to attain Buddhahood. If we get away from the framework defined by a language of substance, we will not be fixated on a one-time incarnation."4 Kwok concludes that the anthropocentric perspective and the substantialist language of the Chalcedonian Creed represent a burden or obstacle that needs to be put aside. She even laments that "the church worldwide is still much under the yoke of the Chalcedonian captivity and Eurocentric theological formulations based on Western heritages."5 Kwok's comment seems to imply that the Buddhist way of thinking may offer a better alternative or a remedy to Chalcedonian Christology.In the contemporary Buddhist-Christian dialogue, John P. Keenan, when proposing a Mahāyāna theology, also offers a critique of Chalcedonian Christology.6 [End Page 209] Through a response to Keenan's discussion, this paper will examine these critiques and will attempt to reinterpret the Chalcedonian Christology from a Mahāyāna perspective.The Mahāyāna Theology of John KeenanIn proposing a Mahāyāna theology, Keenan assumes a Christian standpoint and tries to make use of Mahāyāna Buddhism for the service of Christianity. As Keenan himself frankly admits, his basic approach is to adopt "Mahāyāna Thought as Theologiae Ancilla, " which is the heading for the second part of his The Meaning of Christ. Keenan's strategy of arguing for a Mahāyāna theology is to identify the need of Christianity first, and then to argue in what way Mahāyāna Buddhism can help Christian theology to solve its own problems. According to Keenan's diagnosis, a fundamental problem of the Western Christian tradition is the detrimental separation of mysticism from doctrine. In his own words,It is argued here that, to date, the Christian West has been unable organically to relate its own mystic thinkers to its doctrinal, theoretical thinking. The reason for this inability was not simply, as Adolf von Harnack thought, the adoption and superimposition of Greek patterns of ontology upon the gospel. Rather it is an inability to differentiate that realm of Greek, logos-centered theory from the more primal realm of mystic awareness, an ability to understand the mind of faith in its polyvalent realms of meaning.7In the first part of the book (ch. 1-5), based on his review of the historical development of the Christian understanding of Christ, Keenan highlights the tremendous tension between the primal experience of "being in Christ" and the theoretical understanding of Christ.8 Keenan believes that the school of wisdom literature in the Old Testament has prepared the New Testament for an understanding of the meaning of Christ as God's wisdom. This wisdom comprises essentially God as Father (Abba) as well as the theology of the cross and resurrection. He further points out that early Christians, following the example of Jesus Christ, had direct experience of God as Father. Owing to the... (shrink)

In Prajñā and Reason Nishitani presents a powerful vision of philosophy as Absolute knowing. Nishitani’s conclusions are striking: Absolute knowing can only fulill its potential by beginning without any presuppositions and affirming the truth of contradiction. Because Hegel’s philosophy also purports to be a science of Absolute knowing, in Prajñā and Reason Nishitani develops his own account of the Absolute in conversation with Hegel’s philosophy. We reconstruct Nishitani’s reading and various critiques of Hegel, and thereafter evaluate its merits. Our inquiry (...) shows that Hegel too begins without presuppositions and affirms the truth of contradiction. As a result, we argue that Nishitani’s profound reflections on Absolute knowing draw him into close proximity with Hegel’s thinking and call us to re-think the very being of philosophy and philosophical practice today. (shrink)

This study uses a Marxist perspective to investigate Hong Kong students’ alienation from learning. Alienated learners find learning to be a meaningless, disempowering, and estranging activity. Fifteen Hong Kong undergraduate students were invited to join a photovoice project in which they actively took, shared, and discussed photographs of their experiences with learning. The results suggest that social beliefs about high-stakes examinations legitimize internal contradictions in the education system. This makes students uncritically and unreflectively accept alienated learning. Photovoice projects help the (...) students to become critically aware of their position, self-determination, and agency. (shrink)

The advancement of human reproductive technology has made it possible for parents with a child affected by a haematological disorder to select and bring into being, a prospective child who can act as a matched stem cell donor. This can be done through the use of preimplantation genetic diagnosis (PGD) coupled with human leukocyte antigen (HLA) typing (PGD-HLA typing), or HLA tying as a standalone procedure, where a healthy embryo, which is an HLA match to the existing sick sibling, is (...) chosen for implantation. The creation of such a sibling (saviour sibling) is normally taken as a last resort when there is no related or unrelated matched donor. While the conception of a saviour sibling may serve as a reliable and realistic treatment option for the ailing child, it also poses new moral questions that challenge a religiously pluralistic society such as Malaysia. The use of PGD-HLA typing may be controversial as it involves creating a life to save a life, selection of compatible human embryos and destruction of the unselected embryos. At present, there is no legal framework regulating the conception of saviour siblings. The development of ethically sound and appropriate local laws and policies should consider the views of religious communities, especially when it involves a controversial subject such as the conception of saviour siblings. This article seeks to explore the perceptions of religious scholars and representatives of the major religions professed and practised in Malaysia, namely Islam, Buddhism, Christianity and Hinduism, through qualitative interviews. (shrink)

Scientific view of Buddhist ethical teachings.

This paper asks how the intensity of individual local eParticipation affects users’ perception of democratically valuable effects. Drawing on participatory and deliberative theory literature we extract four participatory effects- internal political efficacy, common good orientation, tolerance, and legitimacy. Furthermore, the paper examines which cognitive factors may moderate the relationship between intensity of participation and perception of participatory effects. Drawing on online survey data from 670 citizens engaged in public budgeting online consultations on the local level, the conducted path analysis shows (...) that intensity of participation seems to foster the perception of common good orientation and tolerance. The other perceptions of participatory effects were not influenced by participation intensity. Findings on moderating factors indicate that the beneficial effects of online participation were not distributed unequally among participants. In conclusion, the research presents evidence for an optimistic view on local eParticipation that is able to promote democratically valuable user experiences. (shrink)

Drama pedagogy has evolved in recent years as one the most creative and adaptable tools for engaged learning in language teaching. This paper discusses the teaching of modern Chinese play selected to be a prescribed text in pre-university Chinese literature curriculum. The play in focus is Teahouse by the renowned Chinese writer, Lao She. The study aims to pilot qualitative research through concrete individual teaching, in order to perform a preliminary classification and analysis of how teaching methods of modern plays (...) are carried out. These include the use of the Theatre in Education and Drama in Education models to conduct the teaching of modern plays. The study purported that the use of Theatre in Education and Drama in Education are methods to trigger students’ interest in learning before lessons and to carry out warm-up activities and to evaluate lesson results. These methods also aid students to familiarize the core of the original texts and use meaningful, theatrical real scenarios for the teaching of language and literature. Keywords - Education, drama pedagogy, classroom pedagogy, qualitative design, Singapore. (shrink)

The last millennium saw rapid change, spreading globalization, and shifting populations. These have posed moral, ethical, and social dilemmas that have challenged the very foundations of our beliefs and radically changed our way of life. In this volume, some of the world's greatest thinkers in philosophy, music, religion, and the arts share their insights on the future shape of human civilization. How can old cultural legacies fit new contexts? Can there be a universalist values coexist with local differentiation? Are literature (...) and music still relevant in a world where technology is dominant? By discussing these important issues in an interdisciplinary framework, these scholars have provided a provisional blueprint for our new society. (shrink)

Junior researchers can be abused and bullied by unscrupulous senior collaborators. This article describes the profile of a type of serial abuser, the White Bull, who uses his academic seniority to distort authorship credit and who disguises his parasitism with carefully premeditated deception. Further research into the personality traits of such perpetrators is warranted.

The conception of saviour siblings using preimplantation genetic diagnosis coupled with human leukocyte antigen typing or HLA typing alone is controversial and receives a wide divergence of legal responses among countries around the world. The resulting child conceived through this procedure is dubbed a ‘saviour sibling’ as the child can potentially act as a compatible donor for an elder ailing sibling who needs a haematopoietic stem cell transplantation. At present, the acceptability of this procedure in Malaysia is ambiguous as there (...) is no specific statute governing assisted reproductive technology, and the guideline issued by the Malaysian Medical Council does not expressly address this issue. The ethical arguments relating to the conception of saviour siblings in the current literature are mainly thought to reflect a liberal viewpoint which is predominantly Western in nature. This paper seeks to explore the perception of selected key stakeholders on the acceptability of and ethical concerns related to this procedure in the Malaysian context. The findings indicate that stakeholders generally support the conception of saviour siblings and some of their concerns echo the Western viewpoint. Interestingly, many were highly anxious about its economic implication, which is rarely discussed in the current literature on saviour siblings. (shrink)

The spatial misrepresentation objection (SMO) against the wave theory of sound argues that if sounds are compression waves, then our auditory experiences are massively illusory for not representing sounds as propagating in the medium. Thus, it claims that the wave theory should be rejected because it is unreasonable to accept such an error theory of hearing. This paper presents a metaphysics of compression waves to show that the wave theory correctly implies that we cannot hear sounds as propagating. Moreover, I (...) argue that the SMO is based on a mischaracterisation of the phenomenology of auditory experiences. A new conception of auditory perception is then proposed to explain how a sound source and its compression wave are both represented in the same auditory experience. Finally, I compare my view with some alternative theories of sound. Overall, it is found that the SMO is more of an objection against the traditional conception of hearing than a challenge to the wave theory of sound. (shrink)

It is well-known that the mature Foucault, while recognizing the influence of phenomenology on him during his youth, declared his anti-phenomenological position since his archeological breakthrough. This paper tries to argue and show that though phenomenology is an object of criticism of Foucault’s archaeology, it nonetheless plays a paradoxical and strategic role in the construction of the archaeological project. Though Foucault undertakes in The Birth of the Clinic a critical deconstruction of phenomenology as positivism, against the open anti-positivist declaration of (...) phenomenology itself, in the Archeology of Knowledge Foucault acknowledges that the opening of the space of archeology requires the practice of the “épochè of the épochè”, and in this sense archeology is a positivism too. That means also that archeology is possible only by the practice of the phenomenological operation of épochè in order to exit from phenomenology. This paradoxical and strategic usage of phenomenology in Foucault’s archeology is extended to his theory of discourse. For Foucault came to realize the limit of discursive practice: not only words signify but things signify too. If archeology wants to extend its domain of competence, it has to recur to description according to the way things show up themselves. This is nothing other than the basic methodological recommendation of phenomenology. Thus Foucault’s open declaration of his anti-phenomenological position is merely apparent, hiding his discrete paradoxical and strategic usage of the rich methodological resources of phenomenology. (shrink)

To evaluate and extend climato-economic theory, the use of more micro units of analysis, such as cities and families, may open up new data sources. The consideration of environmental demands other than thermal climate may also broaden the range of useful data. Longitudinal designs can provide causal evidence, and so can experiments if the theory can be applied to individuals.

Design research has been positioned as an important methodological contribution of the learning sciences. Despite the publication of a handbook on the subject, the practice of design research in education remains an eclectic collection of specific approaches implemented by different researchers and research groups. In this paper, I examine the learning sciences as a design science to identify its fundamental goals, methods, affiliations, and assumptions. I argue that inherent tensions arise when attempting to practice design research as an analytic science. (...) Drawing inspiration and insight from Chinese philosophy and the practice of Chinese medicine, I propose that the learning sciences may better attain its claims to science through greater reliance on inductive synthesis rather than linear causal analysis. In so doing, I reposition the endeavor of science making within the metaphysics of process philosophy instead of classical Western philosophy. I suggest that theory building will be strengthened empirically and pragmatically by more careful observation and systematic generalization of the stability patterns of design related phenomena. It also needs to be more situated in its orientation. (shrink)

Many current theories of human rights are flawed in that they fail to recognise differences between fundamental human rights and others of lesser significance. If some rights are superior to others than it is possible to formulate a hierarchy of rights, and rules to resolve potential conflicts of rights. Only by self-examination can we determine what is personally significant in how we live meaningful and directed lives. This in turn aids in defining social values and determining the rights individuals should (...) reasonably expect to be provided by society. (shrink)