Criminal law as public law -- Criminal law as public law -- Criminal law as public law -- Mass incarceration and the theory of punishment -- Reasons to criminalize -- Formalism and pragmatism in criminal procedure -- Responsibility without resentment.

I defend a new conception of the particular-universal distinction based on considerations about what David Lewis calls ‘amphibians’. I argue, first, that given the possibility of amphibians, two recently popular conceptions of the particular-universal distinction, namely the repeatability conception and the duplicability conception, are both objectionable since they are biased in one way or another. I then propose a more flexible conception that solves this problem by regarding amphibians as belonging to a sui generis sort of property distinct from what (...) I call ‘strong universals’ and ‘strong tropes’. Finally, I respond to some objections directed at this new account. (shrink)

In the last two decades, blame has become a core topic in ethics, philosophical moral psychology and, more recently, epistemology. This chapter aims at clarifying the complex state of the debate and at making a suggestion for how we should proceed from here. The core idea is that accounts of blame are often motivated by very different background goals. One standard goal is to provide a unifying account of our everyday blame practices. The chapter argues that there is reason to (...) think that this goal is not achievable. Another goal is to provide the tools for solving or clarifying important social or philosophical problems. The chapter suggests that this is what theories of blame should focus on. (shrink)

Arts-Based Research Methods for Educational Researchers is a book for early-career and established scholars who aim to use the arts to spark new ideas and empower participants in educational research. It will allow readers to conduct arts-based research and phenomenography research in their own projects. The book starts with a brief history of the arts in research, going on to provide an in-depth understanding of the philosophical foundations of arts-based research - different research designs, material preparation, ethical considerations, data collection, (...) analysis and reporting. Chapters highlight the impact of arts-based research, how it can be used to facilitate positive changes in educational research, practice, and policymaking. Tian suggests avenues for those who want to further develop these methods, guiding readers to reflect on their positionality and ethical issues involved in the research process. This insightful book is ideal for early career and experienced educational researchers who use qualitative methods in their inquiries. It offers a reader-friendly guide to methodology for scholars, educators as well as undergraduate and postgraduate students. (shrink)

The aim of this paper is to explore the role of ethical climate on the relationship between the paternalistic leadership and team identification at the team level. In contrast to the prior studies which tended to focus on ethical climate as a whole dimension, this paper further classified the domain of construct into the categories of egoism, benevolence, and principle using a sample from 143 teams in Mainland China and Taiwan. Hierarchical regression results showed that the average paternalistic leadership had (...) a significant impact on the team identification at the team level. Moreover, the results indicated that the ethical climate of benevolence fully mediated while the ethical climate of egoism partially mediated the relationship between authoritarian leadership and team identification. Also, the ethical climates of benevolence and principle had a partial mediating effect on the relationship between benevolent leadership and team identification as well as moral leadership and team identification, respectively, but the ethical climate of egoism did not play a significant role. The major findings, theoretical contributions, practical implications, and the limitations were discussed. (shrink)

This work is developed to improve the current quality of e-commerce logistics services. From the perspective of multiple consumer psychology, based on e-commerce, consumer psychology, and other related theories, vegetable e-commerce B is selected as the research object. The commodity quality, accuracy, and timeliness of commodity distribution and other factors of e-commerce B are discussed through questionnaire survey. Then, according to customers’ opinions about “e-commerce B’s distribution and professional aspects that need to be improved,” the research is conducted. Finally, the (...) direction of follow-up optimization is proposed from four different perspectives of multiple consumption psychology. The research results show that more than 89% of the surveyed customers believe that e-commerce B does a good job in terms of commodity quality, accuracy, and timeliness of commodity distribution, and has a high level of logistics service. However, 26.34% of customers hope that e-commerce B can strengthen the protection of personal privacy, 24.97% hope that the platform can add “delay insurance” for goods, and 39.54% hope that the logistics information of purchased goods can be updated in real time. Therefore, e-commerce B needs to be optimized and improved continuously in the future development. Therefore, research on the optimization of logistics service quality of e-commerce is performed under multiple consumption psychology, which provides certain help for the rapid development of subsequent e-commerce. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2016 Heft: 210 Seiten: 129-149.

Introduction -- The application of functional linguistics to film -- Cohesion in film -- Analysing action patterns in film -- Conclusion.

An influential strain in the literature on state punishment analyzes the permissibility of punishment in exclusively deontological terms, whether in terms of an individual’s rights, the state’s obligation to vindicate the law, or both. I argue that we should reject a deontological theory of punishment because it cannot explain what is unjust about mass incarceration, although mass incarceration is widely considered—including by proponents of deontological theories—to be unjust. The failure of deontological theories suggests a minimum criterion of adequacy for a (...) theory of punishment: it must take aggregation sufficiently seriously that it returns plausible results when scaled up from individual cases to large public institutions. In this vein, I briefly sketch a prioritarian metric for evaluating the use of custodial sanctions as a means of creating and allocating social advantage. (shrink)

本书是王蒙先生用自己的人生历练, 用自己的体悟感受, 用自己的政治经历, 社会经历, 人生经历, 文学经历, 也用自己的知识与智商去与庄生对话, 与庄生共舞, 揣摩逼近庄生的鱼, 兔, 意图, 意念, 雄辩与才华, 对"庄子"进行解说与阐释, 交映生辉.

This paper offers a critical reconsideration of the traditional doctrine that responsibility for a crime requires a voluntary act. I defend three general propositions: first, that orthodox Anglo-American criminal theory fails to explain adequately why criminal responsibility requires an act. Second, when it comes to the just definition of crimes, the act requirement is at best a rough generalization rather than a substantive limiting principle. Third, that the intuition underlying the so-called “act requirement” is better explained by what I call (...) the “practical-agency condition,” according to which punishment in a specific instance is unjust unless the crime charged was caused or constituted by the agent's conduct qua practically rational agent. The practical-agency condition is defended as a reconstruction of what is worth retaining in Anglo-American criminal law's traditional notion of an “act requirement.”. (shrink)

In this paper, I defend a deflationary account of proportionality, which suggests that proportionality does not explain anything valuable about a system of punishment. Proportionality, rather, is a conventional means for presenting judgments about whether punishment fits the crime. A system of punishment is proportionate to the degree that it coheres with widely shared norms about punishment. There are many reasons such coherence could be valuable, not all of which are retributive. Hence, while on a deflationary view it may be (...) important for a system of punishment to be proportionate, proportionality does not identify a uniquely important retributive value. I motivate the argument for a deflationary account of proportionality by canvassing some of the problems associated with both relative and absolute proportionality and examining how both legal theorists and courts have actually used the concept. I focus on the work of Doug Husak, and the jurisprudence of the Supreme Court of Canada. (shrink)

The traditional distinction between retributive and distributive justice misconstrues the place of the criminal law in modern regulatory states. In the context of the regulatory state, the criminal law is a coercive rule-enforcing institution – regardless of whether it also serves the ends of retributive justice. As a rule-enforcing institution, the criminal law is deeply implicated in stabilizing the institutions and legal rules by means of which a state creates and allocates social advantage. As a coercive institution, the criminal law (...) requires justification as an instance of legitimate state authority. The operation of criminal justice institutions should therefore not be evaluated by reference to a distinct set of criteria, but should be evaluated by the same criteria that apply to coercive public institutions generally. (shrink)

Power is often taken to be a central concept in social and political thought that can contribute to the explanation of many different social phenomena. This article argues that in order to play this role, a general theory of power is required to identify a stable causal capacity, one that does not depend on idiosyncratic social conditions and can thus exert its characteristic influence in a wide range of cases. It considers three promising strategies for such a theory, which ground (...) power in (1) the ability to use force, (2) access to resources, or (3) collective acceptance. It shows that these strategies fail to identify a stable causal capacity. The lack of an adequate general theory of power suggests that the concept lacks the necessary unity to play the broad explanatory role it is often accorded. (shrink)

ObjectiveThis study explores the relationship between physical exercise and school adaptation of junior middle school students and constructs a chain intermediary model through the intermediary role of psychological resilience and sports learning motivation.MethodsUsing the stratified cluster sampling method, 930 junior middle school students in Anhui Province were measured in group psychology by using the physical exercise rating scale, adolescent psychological resilience scale, physical learning motivation scale and school adaptation scale. The statistical software SPSS 23.0 and process plug-in were used for (...) statistical processing, and the common method deviation test was carried out by Harman single-factor control method. Finally, the bootstrap sampling test method and process plug-in were used to test the significance of intermediary effect.Results The direct prediction effect of physical exercise on school adaptation is remarkable ; psychological resilience and sports learning motivation are the intermediary variables of the relationship between physical exercise and school adaptation; psychological resilience and sports learning motivation play a chain mediation role in the relationship between physical exercise and school adaptation. The intermediary effect is composed of three indirect effects: physical exercise → psychological resilience → school adaptation, physical exercise → physical learning motivation → school adaptation, physical exercise → psychological resilience → physical learning motivation → school adaptation.ConclusionsPhysical exercise can directly improve the school adaptation of junior middle school students, which can also affect junior middle school students’ school adaptation indirectly through psychological resilience or sports learning motivation, and it can influence school adaptation through the chain mediation of psychological resilience and sports learning motivation. (shrink)

民国大先生金岳霖的一生,注定了是一段传奇.因为他的名士风,因为他的痴情.本书叙述金岳霖在成长,情趣,交友等方面的经历,说出身,说成长,说游艺,说治学,谈爱好,忆故交,展现他真实的人生——学术成就卓然的 哲学大师,天真烂漫如孩童,洒脱飘逸如名士.对爱简单而执着,一生痴情于才女林徽因,动人而神圣,一辈子"逐林而居",终身未娶.是真名士,自风流.

Ben shu chan shu de nei rong shi zhi shi zhong ya fang wen hua de shen tou yu jiao liu.

This article uses the “Green Credit Guidelines” issued in 2012 as a quasi-natural experiment, using the statistics of A-share listed companies from 2008 to 2017, using the PSM-DID model to examine the effect and mechanism of green credit policies on the investment efficiency of heavily polluting companies, and taking into consideration the heterogeneous influence of the financial ecological environment on the relationship between the two. The research indicates that, after the Green Credit Guidelines were promulgated, the investment efficiency of heavy-polluting (...) companies has been slightly improved compared with non-heavy-polluting companies and that the impact is more obvious in regions with better financial ecological environment. The research conclusions confirm the beneficial effects of the Green Credit Guidelines policy on the prudent investment of companies that cause serious pollution to the environment and improve investment efficiency, a provision of empirical evidence for financial leverage to drive the green economy transformation. (shrink)

Literary narratives are well recognised for their power to foster engagement with complex social themes. Transmedia narratives, which present the same story in different media, can help advance both critical multimodal discourse studies and multiliteracies pedagogies. To harness this potential, we need to develop methods for systematically relating media affordances to discourse-semantic patterns and the broad social themes these patterns construct in narratives, and ensure these methods build on the knowledge learners bring to the classroom. This article introduces a social (...) semiotic method for analysing transmedia narratives and illustrates its ability to reflect the persuasive power of narrative and build on young children's critical multimodal awareness. This is achieved through a case study comprising data from three adaptations of the same award-winning narrative - animated film (Joyce, W. (Producer), Joyce, W., & Oldenburg, B. (Directors) (2011). The fantastic flying books of Mr Morris Lessmore [Motion Picture]. Moonbot Studios), interactive app (Moonbot Studios. (2011). The fantastic flying books of Mr Morris Lessmore (Version 1.4). [Mobile Application Software]), and traditional-format picture book (Joyce, W. (2012). The fantastic flying books of Mr Morris Lessmore. Illustrations by William Joyce and Joe Bluhm. Moonbot Books) - and mother-child interactions with the book and the app. (shrink)

孙子一书,即孙子兵法,该书以其睿智而富有思辨性,反映了春秋末期,战国初年社会变革的历史,总结了一套科学,实用的系统军事理论.

克隆人技术的发展给人类带来便利的同时，对宪法上的生命价值、人的尊严、社会和家庭秩序构成强烈冲击，需要积极予以立法应对。克隆人技术立法过程中，应以宪法上的生命与人的尊严为价值基础，遵循法律保留原则、民主 参与原则和比例原则的要求，在相互冲突的宪法价值中寻求合理的平衡。展望未来，我国应当以生命和人的尊严为价值基础建构刑法与行政法规制相结合的法律规制体系。.

A basic principle in sentencing offenders is proportionality. However, proportionality judgments are often left to the discretion of the judge, raising familiar concerns of arbitrariness and bias. This paper considers the case for systematizing judgments of proportionality in sentencing by means of an algorithm. The aim of such an algorithm would be to predict what a judge in that jurisdiction would regard as a proportionate sentence in a particular case. A predictive algorithm of this kind would not necessarily undermine justice (...) in individual cases, is consistent with a particularistic account of moral judgment, and is attractive even in the face of uncertainty as to the legitimate purposes of punishment. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Response to Leonard Tan and Mengchen Lu, “‘I Wish to Be Wordless’: Philosophizing Through the Chinese Guqin.”Chiao-Wei Liu“I wish to be wordless” connects Chinese philosophical thinking to music education at large. Through discussions of values associated with the Chinese instrument guqin, Leonard Tan and Mengchen Lu exemplified “how music serves as ‘Truth tool’ in the Chinese philosophical tradition.” Specifically, the authors explored four ideas: “Search for Truth” (求真), (...) “Search for Harmony” (求和), “Search for Ethical Awakening” (求覺), and “Search for Sagehood” (求聖). These ideas embody insights from three major Chinese philosophical traditions: Confucianism, Daoism, and Buddhism. Time prevents me from exploring the complex issues related to the interpretation and translation of classical Chinese texts, but I will attempt to focus on some of the authors’ arguments and how they relate to the practice of music learning and teaching in the classroom.1Quoting Confucius in their article title, Tan and Lu called attention to the suspicion of language found in the conversation between Confucius and his disciple. Extending the argument, the authors referred to Daoist philosophers and argued that although language can transmit wisdom, words remain limited in their ability to capture “the grand unity of the whole” and thus can “detract us [End Page 199] away from Truth.” Tan and Lu suggested that music, unlike language, serves as a truth “tool” and allows one to arrive at the Dao (Truth). Truth is conceived as a way of understanding the world, “a universal order, a new world perspective....” I agree with the authors about the limitations of language in capturing the complexity of human experiences, yet I am perplexed at how Truth is interpreted throughout the article.For example, in their discussion of “Search for Truth,” Tan and Lu related the art of playing the guqin to the Buddhist notion of mingxin jianxing (明心見性), clearing the heart-mind, seeing the inner-self, and locating Truth within the guqin player. Truth here is framed as good moral qualities residing within one’s innermost self (xing 性). Based on Li Zhi’s argument, Tan and Lu stated that “since a guqin player is all about her heart-mind and one’s music is all about the musician, music is the heart-mind of the musician.” Assuming that the heart-mind of the guqin player and the music are one, Tan and Lu suggested that when music and the musician’s innermost self are in sync, the musician may be able to attain spiritual Enlightenment. The example of Chopin’s Nocturne Op. 9, no. 1 helps readers learn that Truth does not reside within the performer or the music, but is located in the space where the two are in sync: “An ‘authentic’ performance of Chopin is one that is not only ‘true’ to Chopin and the stylistic conventions of his times, but also ‘true’ to the performer’s innermost being.”While Tan and Lu’s argument places Truth in both music and the innermost self (xing) of the performers, herein lies an assumption that qualities aligned with the music are ethically good, whereas those that differ are not. The search for Truth is thus a task of refusing any potential influence by “unethical thoughts” in order to stay true to the music. Recognizing the existing norms guiding various music traditions, I wonder how ethical and unethical thoughts are understood in music classrooms. As a music teacher, if unethical thoughts are interpreted as materials and expressions that are different or irrelevant to the music work, how do music teachers make sense of students’ feelings—whether they are the longing for a sense of belonging in the school ensemble or the desire to excel in certain aspects of school life? Are these feelings or desires “unethical” because they are separate from the musical work? If all acts dedicated to the faithful representation of the music work are considered ethical, how about the different needs of different students?Furthermore, in describing “Search for Ethical Awakening,” Tan and Lu stated that music written for the guqin is often associated with moral stories. Learning about the stories associated with music would be mandatory for performers to be morally and spiritually attuned to the composer. While I agree with the authors... (shrink)

The novel coronavirus disease that emerged at the end of 2019 began threatening the health and lives of millions of people after a few weeks. However, social and economic problems derived from COVID-19 have changed the development of individuals and the whole country. This study examines the work conditions of Taiwanese versus mainland China employees, and evaluates the relationship between support mechanisms and subjective wellbeing from a social cognitive career theory perspective. In this study, a total of 623 Taiwanese questionnaires (...) and 513 mainland China questionnaires were collected to compare the two sample groups in terms of the development of employees’ subjective wellbeing. The results show that the Taiwanese sample had more significant development paths compared to mainland China employees in terms of prior knowledge, perceived organizational support, self-efficacy, employee employability, subjective wellbeing, and job performance. Finally, based on the conclusions, this study proposes some specific suggestions on theoretical mode for future studies. (shrink)