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

Inferences that result from exhaustification of a sentence S depend on the set of alternatives to S. In this paper, we present some inference patterns that are problematic for previous theories of alternatives and propose some structural constraints on the derivation of formal alternatives which derive the observations.

Thomas Aquinas persistently defended the idea that the soul survives physical death. But what exactly is the rational soul that becomes separated from the body at death? When a person’s body dies, do they cease to exist? Over the past few decades, a nuanced debate has developed between “survivalists” and “corruptionists” over whether or not a separated soul is still a person, leading to impenetrable disagreements in which neither side can seem to sway the other. In this research, I propose (...) a previously unexplored answer to this contentious query: that a person whose soul has been separated from their body is an incomplete human being. (shrink)

In this collection of her provocative essays on Third World art and culture, award-winning filmmaker and theorist Trinh Minh-ha offers new challenges to Western regimes of knowledge. Bringing to her subjects an acute sense of the many meanings of the marginal, Trinh examines Asian and African texts, the theories of Barthes, questions of spectatorship, the enigmas of art, and the perils of anthropology. In one essay, taking off from ideas raised earlier by Zora Neale Hurston, Trinh considers (...) with astonishment the search by Western "experts" for the hidden values of a person or culture, a process of legitimized voyeurism that, she argues, ultimately equates psychological conflicts with depth , while inner experience is reduced to mere personal feeling. When the Moon Waxes Red is an extended argument against reductive analyses, even those that appear politically adroit. Feminist struggle is heterogeneous. The multiply-hyphenated peoples of color are not simply placed in a duality between two cultural heritages; throughout, Trinh describes the predicament of having to live "a difference that has no name and too many names already." She argues for multicultural revision of knowledge so that a new politics can transform reality rather than merely ideologize it. By rewriting the always emerging, already distorted place of struggle, such work seeks to "beat the master at his own game.". (shrink)

Breheny et al. argue against the structural approach to alternatives. The empirical force of their argument comes mostly from challenges raised against Trinh and Haida. This paper aims to respond to these challenges, showing how they can be met by a natural refinement of Trinh and Haida’s proposal which turns out to capture additional facts previously not accounted for. Another aim of this paper is to recount the debate with enough precision and explicitness in order to enhance understanding (...) and facilitate future discussions. (shrink)

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

This paper discusses a set of observations, many of which are novel, concerning differences between the adjectival modals _certain_ and _possible_ and their adverbial counterparts _certainly_ and _possibly_. It argues that the observations can be derived from a standard interpretation of _certain_/_certainly_ as universal and _possible_/_possibly_ as existential quantifiers over possible worlds, in conjunction with the hypothesis that the adjectives quantify over knowledge and the adverbs quantify over belief. The claims on which the argument relies include the following: (i) knowledge (...) implies belief, (ii) agents have epistemic access to their belief, (iii) relevance is closed under speakers’ belief, and (iv) commitment is pragmatically inconsistent with explicit denial of belief. (shrink)

I argue that there is tension in Wittgenstein’s position on trivialities (i.e. tautologies and contradictions) in the Tractatus, as it contains the following claims: (A) sentences are pictures; (B) trivialties are not pictures; (C) trivialities are sentences. A and B follow from the “picture theory” of language which Wittgenstein proposes, while C contradicts it. I discuss a way to resolve this tension in light of Logicality, a hypothesis recently developed in linguistic research. Logicality states that trivialities are excluded by the (...) grammar, and that under the right analysis sentences which look trivial are in fact contingent. The tools necessary to support Logicality, I submit, were not available to Wittgenstein at the time, which explains his commitment to C. I end the paper by commenting on some points of contact between analytic philosophy and the generative enterprise in linguistics which are brought into relief by the discussion. (shrink)

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

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

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

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

La couverture indique :"L'infini est le sujet le plus vaste que l'imagination puisse embrasser. Il a tout le temps fasciné les hommes, qu'ils soient artistes, philosophes ou scientifiques. Mais l'infini se manifeste-t-il vraiment dans la réalité physique, ou est-il seulement un concept de notre imagination, comme le pensait Aristote? Des artistes comme Escher, des écrivains comme Borges ont tenté de le représenter, mais c'est Georg Cantor qui assoit fermement l'infini dans le paysage des mathématiques et nous dévoile ses propriétés étranges (...) et magiques. L'univers est, par excellence, le lieu où l'infini se manifeste. Dans un univers infini, nous serions confrontés au paradoxe de l'éternel retour, où chacun de nous posséderait un nombre infini de sosies. Les avancées en physique de ces dernières décennies ont donné au mot "infini" un sens nouveau. Il se réfère non seulement à notre univers, mais aussi à une infinité d'univers parallèles, le tout formant un vaste et fantastique "multivers". A ces sujets vertigineux, Trinh Xuan Thuan apporte ses réflexions avec la pédagogie lumineuse, à la fois scientifique, philosophique et poétique qui lui est coutumière et qui fait le grand succès de La Mélodie secrète, du Chaos et l'harmonie, et, plus récemment, du Cosmos et le lotus.". (shrink)

Business Ethics: A European Review, EarlyView.

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

Business ethics in the socialist-oriented market economy in Vietnam.

Recent studies in pedestrian simulation have been able to construct a highly realistic navigation behaviour in many circumstances. However, when replicating the close interactions between pedestrians, the replicated behaviour is often unnatural and lacks human likeness. One of the possible reasons is that the current models often ignore the cognitive factors in the human thinking process. Another reason is that many models try to approach the problem by optimising certain objectives. On the other hand, in real life, humans do not (...) always take the most optimised decisions, particularly when interacting with other people. To improve the navigation behaviour in this circumstance, we proposed a pedestrian interacting model using reinforcement learning. Additionally, a novel cognitive prediction model, inspired by the predictive system of human cognition, is also incorporated. This helps the pedestrian agent in our model to learn to interact and predict the movement in a similar practice as humans. In our experimental results, when compared to other models, the path taken by our model’s agent is not the most optimised in certain aspects like path lengths, time taken and collisions. However, our model is able to demonstrate a more natural and human-like navigation behaviour, particularly in complex interaction settings. (shrink)

This paper aims to uncover the underlying metaphorical expressions regarding the importance of love to human life in English and Vietnamese poetry based on Conceptual Metaphor Theory, which suggests that metaphor is based on human thought as well as on language. For metaphor identification, the authors use a five-step procedure based on Pragglejaz Group’s method for metaphorical expressions and a self-proposed three-step procedure for conceptual metaphors. The findings reveal that love is metaphorically expressed to have a considerable influence on both (...) the physical and mental aspects of human life. This paper is also a comparative investigation showing both similarities and differences in the love-life metaphorical expressions between the two languages. The similarities are explained by the same grounding of metaphor-embodiment and the universality of conceptual metaphors. The differences are attributed to cultural distinction. (shrink)

It is thrilling to think – to know that for any act of mine, I shall get twice as much praise or twice as much blame. It is quite exciting to hold the center of the national stage, with the spectators not knowing whether to laugh or to weep. (Zora Neale Hurston, ‘How It Feels to Be Colored Me').

Discovering high-utility itemsets (HUIs) consists of finding sets of items that yield a high profit in customer transaction databases. An important limitation of traditional high-utility itemset mining (HUIM) is that only the utility measure is used for assessing the interestingness of patterns. This leads to finding several itemsets that have a high profit but contain items that are weakly correlated. To address this issue, this paper proposes to integrate the concept of correlation in HUIM to find profitable itemsets that are (...) highly correlated, using the all-confidence and bond measures. An efficient algorithm named FCHM (fast correlated high-utility itemset miner) is proposed to efficiently discover correlated high-utility itemsets (CHIs). Two versions of the algorithm are proposed: FCHM|$_{all\text{-}confidence}$| and FCHM|$_{bond}$|⁠, which are based on the all-confidence and bond measures, respectively. An experimental evaluation was done using four real-life benchmark datasets from the HUIM literature: mushroom, retail, kosarak and foodmart. Results show that FCHM is efficient and can prune a huge amount of weakly CHIs. (shrink)

This article sheds light on the diversity of meanings and connotations that tend to be lost or hidden in translations between different conceptualizations of nature in East and South-East Asia. It reviews the idea of “nature” in Chinese, Japanese, Vietnamese, Filipino, Tagalog, Cebuano, Lumad, Indonesian, Burmese, Nepali, Khmer, and Mongolian. It shows that the conceptual subtleties in the conceptualization of nature often hide wider and deeper cosmological mismatches. It concludes by suggesting that these diverse voices need to be represented in (...) global reports on sustainability, which can be fostered by the direct involvement of experts from diverse traditions of thought who have access and interpretative knowledge of sources in languages other than English. To take into consideration the diversity of conceptualizations of nature can lead to better decisions about sustainability and improve the acceptability and efficiency of environmental policies in each local context, as well as internationally. Solutions and policies on the ground must be designed based on the local conceptual and cultural frames. (shrink)

Deep learning models are powerful tools for representing the complex learning processes and decision-making strategies used by humans. Such neural network models make fewer assumptions about the underlying mechanisms thus providing experimental flexibility in terms of applicability. However, this comes at the cost of involving a larger number of parameters requiring significantly more data for effective learning. This presents practical challenges given that most cognitive experiments involve relatively small numbers of subjects. Laboratory collaborations are a natural way to increase overall (...) dataset size. However, data sharing barriers between laboratories as necessitated by data protection regulations encourage the search for alternative methods to enable collaborative data science. Distributed learning, especially federated learning, which supports the preservation of data privacy, is a promising method for addressing this issue. To verify the reliability and feasibility of applying FL to train neural networks models used in the characterization of decision making, we conducted experiments on a real-world, many-labs data pool including experiment data-sets from ten independent studies. The performance of single models trained on single laboratory data-sets was poor. This unsurprising finding supports the need for laboratory collaboration to train more reliable models. To that end we evaluated four collaborative approaches. The first approach represents conventional centralized learning and is the optimal approach but requires complete sharing of data which we wish to avoid. The results however establish a benchmark for the other three approaches, federated learning, incremental learning, and cyclic incremental learning. We evaluate these approaches in terms of prediction accuracy and capacity to characterize human decision-making strategies. The FL-based model achieves performance most comparable to that of the CL-based model. This indicates that FL has value in scaling data science methods to data collected in computational modeling contexts when data sharing is not convenient, practical or permissible. (shrink)

Purpose This study aims to ascertain the impact of data collecting awareness on perceived information security concerns and information-sharing behavior on social networking sites. Design/methodology/approach Based on communication privacy management theory, the study forecasted the relationship between information-sharing behavior and awareness of data collecting purposes, data collection tactics and perceived security risk using structural equation modeling analysis and one-way ANOVA. The sample size of 521 young social media users in Vietnam, ages 18 to 34, was made up of 26.7% men (...) and 73.3% women. When constructing the questionnaire survey method with lone source respondents, the individual’s unique awareness and experiences with using online social networks (OSNs) were taken into account. Findings The results of the investigation demonstrate a significant relationship between information-sharing and awareness of data collecting, perceptions of information security threats and behavior. Social media users have used OSN privacy settings and paid attention to the sharing restriction because they are concerned about data harvesting. Research limitations/implications This study was conducted among young Vietnamese social media users, reflecting specific characteristics prevalent in the Vietnamese environment, and hence may be invalid in other nations’ circumstances. Practical implications Social media platform providers should improve user connectivity by implementing transparent privacy policies that allow users to choose how their data are used; have clear privacy statements and specific policies governing the use of social media users’ data that respect users’ consent to use their data; and thoroughly communicate how they collect and use user data while promptly detecting any potential vulnerabilities within their systems. Originality/value The authors ascertain that the material presented in this manuscript will not infringe upon any statutory copyright and that the manuscript will not be submitted elsewhere while under Journal of Information, Communication and Ethics in Society review. (shrink)

Physical activity is important for managing the side effects and long-term outcomes of cancer treatment, yet many adolescents and young adults diagnosed with cancer are not meeting PA guidelines. Body image and social support are two factors that can influence PA behavior and require further attention in this population. The purpose of this study was to examine the associations between body image, social support, and PA among AYAs. An online cross-sectional survey administered through the Research Electronic Data Capture platform was (...) used to assess self-reported body image, social support, and PA in AYAs. Based on findings from path analyses, body image and social support were directly associated with PA. Social support was also directly associated with body image. However, there were no indirect effects. These findings provide preliminary support for the influential role of appearance and fitness body-related emotions and cancer-specific social support on PA. The results have important implications for the development of targeted strategies aimed at improving body image and social support, with the overall goal of increasing AYAs’ PA. (shrink)