In this chapter, Lee considers contemporary consequentialist theories of punishment. Consequentialist theories look to the consequences of punishment to justify the institution of punishment. Two types of theories fall into this category—teleology and aggregationism. Lee argues that teleology is implausible because it is based on a problematic assumption about the fundamental value of criminal punishment. Aggregationism is a more reasonable alternative. It holds that punishment is morally justified because it is an institution that helps society to aggregate important moral values. (...) Several theories fall into this category, including general deterrence theories, specific deterrence theories, and preventionism. Lee critically evaluates these theories and argues that only one specific deterrence theory, namely, her rights-protection theory, provides the most reasonable consequentialist account of punishment. (shrink)

A deterrence theory of punishment holds that the institution of criminal punishment is morally justified because it serves to deter crime. Because the fear of external sanction is an important incentive in crime deterrence, the deterrence theory is often associated with the idea of severe, disproportionate punishment. An objection to this theory holds that hope of escape renders even the severest punishment inapt and irrelevant. -/- This article revisits the concept of deterrence and defend a more plausible deterrence theory of (...) punishment—the wide-scope deterrence theory. The wide-scope theory holds that we must make the best use of all the deterrence tools available, including both external and internal sanctions. Drawing on insights from the early Confucian tradition, the article develops a deep deterrence theory, which holds that the most important deterrence tool involves internal, not external, sanction. It describes how internal sanctions deter potential offenses and why relevant policies need not conflict with liberalism’s respect for neutrality. (shrink)

David Miller argues that national identity is indispensable for the successful functioning of a liberal democracy. National identity makes important contributions to liberal democratic institutions, including creating incentives for the fulfilment of civic duties, facilitating deliberative democracy, and consolidating representative democracy. Thus, a shared identity is indispensable for liberal democracy and grounds a good claim for self-determination. Because Miller’s arguments appeal to the instrumental values of a national culture, I call his argument ‘instrumental value’ arguments. In this paper, I examine (...) the instrumental value arguments and show that they fail to justify a group’s right to self-determination. (shrink)

In this paper, I propose a new self-defense theory of punishment, the rights-protection theory. By appealing to the interest theory of right, I show that what we call “the right of self-defense” is actually composed of the right to protect our basic rights. The right of self-defense is not a single, self-standing right but a group of derivative rights justified by their contribution to the protection of the core, basic rights. Thus, these rights of self-defense are both justified and constrained (...) by the basic rights they are supposed to protect. I then explain how this theory responds to a common objection. Opponents argue that, to exercise the right of self-defense, some threat must be present. However, in the context of punishment, the threat has already taken effect or is already gone. Thus, the right of self-defense becomes irrelevant when we punish an offender. I show that this objection is based on an implausibly narrow conception of self-defense. A reasonable conception would allow us to exercise our right of self-defense when there is a present definite threat, a future definite threat, or a potential threat. Thus, we may still exercise our right of self-defense in the context of punishment. (shrink)

A number of philosophers argue that the moral value of national identity is sufficient to justify at least a prima facie right of a national community to create its own independent, sovereign state. In the literature, this argument is commonly referred to as the identity argument. In this paper, I consider whether the identity argument successfully proves that a national group is entitled to a state of its own. To do so, I first explain three important steps in the argument (...) and then consider whether they lead to the desired conclusion. My examination reveals that the identity argument relies on the Optimal Protection Principle; however, this principle does not apply to the case of a national community. As a result, the identity argument fails to justify even a prima facie right of a national community to establish its own state. (shrink)

Allen Buchanan proposes a methodological framework with which theorists may evaluate different theories of secession, including the National Self-Determination theory. An important claim he makes is, because the right to secede is inherently institutional, any adequate theory of secession must include, as an integral part, an analysis of institutional morality. Because the National Self-Determination theory blatantly lacks such an analysis, Buchanan concludes that this theory is inherently flawed. In this paper, I consider Buchanan’s framework and the responses from supporters of (...) national self-determination theory. I try to clarify the confusion shared by both parties. I conclude that, although Buchanan’s theory of institutional morality is sound, his critiques of the national self-determination theory fails. (shrink)

In this chapter, I consider contemporary consequentialist theories of punishment. Consequentialist theories of punishment look to the consequences of punishment to justify the institution of punishment. Two types of theories fall into this category—teleology and aggregationism. I argue that teleology is implausible as it is based on a problematic assumption about the fundamental value of criminal punishment, and that aggregationism provides a more reasonable alternative. Aggregationism holds that punishment is morally justified because it is an institution that helps society to (...) aggregate important moral values. Several theories fall into this category, including general deterrence theories, specific deterrence theories, and preventionism. I critically evaluate these theories and argue that only one specific deterrence theory, namely, my rights-protection theory, provides the most reasonable consequentialist account of punishment. (shrink)

Both Kymlicka and Patten argue that the equal treatment of different national groups require that the state officially recognize the right of each to create its own autonomous government. After carefully examining their arguments, I show that they both make the false assumption that, in a multinational state, the state belongs only to the majority group but not the minority, and that a multination state can never treat minority groups equally. Both claims are inherently anti-pluralistic. Thus, the equal treatment of (...) different national cultures does not require that each be granted the right to self-government. (shrink)

The principle of national self-determination holds that a national community, simply by virtue of being a national community, has a prima facie right to create its own sovereign state. While many support this principle, not as many agree that it should be formally recognized by political institutions. One of the main concerns is that implementing this principle may lead to certain types of inequalities—between nations with and without their own states, members inside and outside the border, and members and nonmembers (...) inside the same nation state. While these inequalities may arise, I shall argue that they are not unjust. These worries are partly the results of confusing two types of interests that a national group may have—in cultural affairs and in political affairs. While a national community should enjoy rights over their cultural affairs, this does not grant them authority over other non-cultural, political affairs. Once the distinction is drawn, we can see that there are constraints on the implementation of this principle. Consequently, these inequalities justify setting limits to a group’s right of self-government, although they do not conclusively refute the right itself. (shrink)

National identity and attachment to national culture have taken root even in this era of globalization. National sentiments find expression in multiple political spheres and cause troubles of various kinds in many societies, both domestically and across state borders. Some of these problems are rooted in history; others are the result of massive global immigration. As US Secretary of State John Kerry tries to broker a new round of Israel-Palestine peace talks, the Israeli government continues expanding its settlements in disputed (...) territories. As this proposal is being written, Japanese citizens are debating whether their politicians should visit the Yasukuni Shrine (靖國神社), where the spirits of fourteen Class A war criminals from WWII and more than one thousand others convicted of war crimes by the International Military Tribunal for the Far East are honored with a distinguished resting place. As the Chinese government’s plan to bring economic prosperity to the Xinjian province unfolds, ethnic conflicts between Han Chinese and local Uyghur Muslims intensify. Tibetans still demonstrate to the Chinese government, some through the dramatic sacrifice of self-immolation, their determination to pursue a Tibet that is truly free and autonomous. The recent inflow of Muslim immigrants across Europa and North America forces those liberal democratic societies to rethink the meaning of multiculturalism. Should the state respect Muslim women’s freedom to wear burkas in public? What about other aspects of certain Muslim traditions such as arranged marriages or the honor killing of teenage girls who see boys their parents do not approve? Since these immigrants voluntarily moved from their homeland to a new society, do they have a duty to give up such practices, which conflict with their new societies’ fundamental commitment to individual autonomy? Eric Hobsbawm suggests that nationalism is a contingent phenomenon in history—it arises with important historical events such as industrialization and print journalism; eventually, it will disappear. Anthony Smith, on the other hand, argues that nationalism is deeply rooted in the human need for collective faith and dignity. How should we understand today’s nationalism? Is it a transient phenomenon that eventually will be eradicated from the world, or is it a timeless issue that confronts and will remain a challenge for every society? Is the conventional distinction between civic and cultural nationalism still relevant or helpful? The problems and ongoing challenges of nationalism are very much alive throughout East Asia where the myth of ethnically and culturally homogeneous nations is still paramount. In addition to the examples provided above, East Asian societies are increasingly multicultural, inevitably forcing their governments to come up with new immigration and border-control policies, revisit their laws regarding labor policies, sociopolitical discrimination, socioeconomic welfare, and, more fundamentally, rethink the constitutional make-up of the citizenry and the ideal of social harmony, one of their most cherished political values. Nevertheless, contemporary theoretical analyses, whether philosophical or empirical, of the phenomena surrounding nationalism, in all its forms, are almost exclusively focused on cases in western cultures and societies, preventing the East Asian people from developing a coherent idea of who they are or should be in a way that can track their deeply-held values and norms (such as Confucianism). One of the primary aims of this conference therefore is to address this ongoing neglect and explore new concepts and theories that are socially relevant in East Asia. Not only will this provide access to the particular experiences of nation, citizenship, and nationalism throughout East Asia but it will bring to bear philosophical concepts, approaches, and styles of reasoning about them that currently are not part of this critical debate. Providing an opportunity to hear these distinct and different East Asian voices and opening up these conceptual and methodological resources to scholars around the world will greatly advance the understanding and appreciation of nationalism. In addition to this primary aim, the proposed conference will achieve two other, novel, and important goals. First, by design, it will bring to bear a multi and interdisciplinary approach to the problems of nationalism. We are not privileging either conceptual or empirical studies in the organization of our conference and will bring together philosophers, political scientists, sociologists, and historians, making every effort to invite scholars who explicitly employ or are interested in exploring different and at times hybrid approaches. Second, we will draw together scholars from around the world: China, South Korea, Japan, Taiwan, North America, and Europe, including leading figures in the field, who will serve as keynote speakers for the conference. Combining these two additional goals will enable us to organize a uniquely diverse conference, both in terms of intellectual discipline and national origin. Along with our primary aim of introducing East Asian voices and theories, this will make our event original, distinctive, and unprecedented in value. Our age is one in which it is unavoidable for people of different cultural backgrounds to live together in many different places. For the sake of justice and stability, a comprehensive re-examination of nationalism is both urgent and necessary. (shrink)

Although national identity is valuable in a variety of ways, I argue that its value is not sufficient to justify a group’s right to govern itself, either in the form of an independent, sovereign state or an autonomous, sub-state government. My thesis is somewhat unusual—most philosophers who affirm the value of national identity also endorse the right of a national community to some form of self-government, and most philosophers who deny that a national community has the right to any form (...) of self-government also deny the value of national identity. (shrink)

One of the interpretive devices that Ch'eng-kuan (澄 觀) is famous for having employed to distill the essence of the vast Mahāvaipulya Buddhāvataṃsaka Sūtra (Tafang-kuang fo-hua-yen ching 《大方廣佛華嚴經》 was a series of variations on the contemplative theme (kuan-men 觀門) of the complete interfusion (yüan-jung 圓融) of the scripture's three chief protagonists (san-sheng 三聖) ── the Buddha Vairocana (Pi-lu-che-na 毘盧遮那) and the bodhisattvas Mañjuśrī (Wen-shu-shih-li 文殊師利) and Samantabhadra (P'u-hsien 普賢). By aligning these three powerful sacred persons with a number of philosophical (...) categories that he believed to be central to the sūtra ── categories like "cause" (yin 因 ), "fruition" (kuo 果 ), "faith" (hsin 信 ), "understanding" (chieh 解), "insight" (chih 智), "practice" (hsing 行), "principle" (li 理), etc. ── he provided a focal point at which the rich and vivid meditative and liturgical lives of Hua-yen devotees could be made to converge with their philosophical reflections. -/- Although Ch'eng-kuan invoked this device in several of his writings, his most concerted development of it is a short essay entitled San-sheng yüan-jung kuan-men, which appears to have been written relatively late in his long career. Like many important Hua-yen texts, this essay seems to have been lost in China not long after its author's death. However, it was preserved in Korea and Japan and from the latter country was reintroduced to China in the last years of nineteenth century. Neither in China nor in the West has it yet been adequately studied. -/- The core of the present article is a critical edition of the Chinese text of the essay based on a careful comparison of all available versions and presented together with a copiously annotated English translation. The edition translation are preceded by a brief interpretive introduction and followed by an appendix in which are given: a detailed discussion of the work's textual history, detailed accounts of its various editions, and descriptions of its several surviving paraphrases and commentaries. (shrink)

ABSTRACTDeception has been reported to be influenced by task-relevant emotional information from an external stimulus. However, it remains unclear how task-irrelevant emotional information would influence deception. In the present study, facial expressions of different valence and emotion intensity were presented to participants, where they were asked to make either truthful or deceptive gender judgments according to the preceding cues. We observed the influence of facial expression intensity upon individuals’ cognitive cost of deceiving. Larger cost was observed for high intensity faces (...) compared to low intensity faces. These results provided insights on how automatic attraction of attention evoked by task-irrelevant emotional information in facial expressions influenced individuals’ cognitive cost of deceiving. (shrink)

While univariate functional magnetic resonance imaging data analysis methods have been utilized successfully to map brain areas associated with cognitive and emotional functions during viewing of naturalistic stimuli such as movies, multivariate methods might provide the means to study how brain structures act in concert as networks during free viewing of movie clips. Here, to achieve this, we generalized the partial least squares analysis, based on correlations between voxels, experimental conditions, and behavioral measures, to identify large-scale neuronal networks activated during (...) the first time and repeated watching of three ∼5-min comedy clips. We identified networks that were similarly activated across subjects during free viewing of the movies, including the ones associated with self-rated experienced humorousness that were composed of the frontal, parietal, and temporal areas acting in concert. In conclusion, the PLS method seems to be well suited for the joint analysis of multi-subject neuroimaging and behavioral data to quantify a functionally relevant brain network activity without the need for explicit temporal models. (shrink)

In Nos. 105 and 121 of the Kuang-ming Daily "Philosophical Supplement," there were two articles by Ch'ieh Ta-yu: "Some Opinions on the Problem of Determining the Object of Dialectical Logic" and "The Marxist Dialectical Method and Dialectical Logic." The first is quite general, while the second "elucidates the connections and differences" between dialectics and dialectical logic discussed in the first article. Almost all the basic points in both articles are erroneous. Actually, the author waves the banner of antidogmatism and expounds (...) a revisionist point of view. We will now refute his contentions. (shrink)

The book entitled the Huang Ti nei ching [Canonical Works of Huang Ti] has two sections - the "Su Wen" section and the "Ling Shu" section - and each section contains eighty-one articles. It was written by several authors in different historical periods. According to historical records and scholars' studies of the content and context of the book, we can roughly say that it was written in the period between the late years of the Warring States era and the early (...) years of the Eastern Han dynasty. Seven articles in the "Su Wen" section were materials from an "older version" and were merged into the book by Wang Fing in the Tang dynasty. They were probably written by scholars in the Eastern Han period or a little later. The two articles on acupuncture and pathology have been proved forgeries made in the Tang-Sung period. They should not have been included in the book because they contain more idealist dregs than do the other articles. (shrink)

Everybody knows that the Revolution of 1911 was an anti-imperialist and antifeudal democratic revolution led by the revolutionary and democratic group of the bourgeoisie in the period of the old democratic revolution in China. The leader of that revolution was Sun Yat-sen, and the guiding ideology was his old Three People's Principles. It is well known that Chairman Mao has made a series of scientific appraisals of these facts, but the newspapers and magazines controlled by the anti-Party clique of Wang (...) Hung-wen, Chang Ch'un-ch'iao, Chiang Ch'ing and Yao Wen-yuan openly oppose Chairman Mao's scientific appraisals, betraying the fundamental principles of Marxism, distorting the Revolution of 1911 as a struggle between Confucians and Legalists, and replacing Sun Yat-sen as the standard-bearer of the revolution with Chang T'ai-yen, who played first an active and then a devastating role in the revolution. All this is part of the clique's attack on the Party in order to usurp the Party, seize power, restore capitalism and fabricate the "history" of the struggle between the Confucians and the Legalists. (shrink)

Comrade Huang Yüeh-mien's article, "A Discussion of the Aesthetics of the Wealthy" [Lun shih-li che ti mei-hsüeh], which criticized my point of view in aesthetics, was published later than my self-criticism. Before he published it, he had presented it at a discussion meeting at Peking Teachers College. He let me read it only after he had submitted it to Literature [Wen-i pao] for publication. I wrote to the editor of Literature, Comrade K'ang Cho, saying that basically I accepted his criticisms (...) but that I wished to raise a number of points. I pointed out that the author's method of dealing with the problems of "empathy emotion," "forgetting self," and "inspiration" was not very different from the method that I had used before. I pointed out that "association of ideas" occupied an important position in his aesthetics — he seems to substitute "association of ideas of form" for "intuition of form." Furthermore, I stated that I did not think he had answered clearly the questions of whether "beauty exists in the mind or in the thing," of the relationship between beauty and sense of beauty, and of the difference between formal thought and abstract thought; and I said that I hoped he would give me more assistance with these questions. However, Comrade Huang Yüeh-mien for the most part ignored the points that I had raised and the questions to which I had sought answers, and he published in Literature the paper that he had presented at Peking Teachers College almost unaltered. Consequently, the questions that I raised concerning Comrade Huang Yüeh-mien's point of view in aesthetics remain unanswered. At that time I still felt that his point of view in aesthetics basically was materialistic, although there were some tendencies in it that raised doubts in my mind. This explains the fact that my judgments on idealist aesthetics remain to be improved. (shrink)

For the Western philosopher the most difficult idea to understand is the Zen (Ch'an) notion of ?Mind?, which is a key to understanding Zen Buddhism. In order to transmit the idea of ?Mind? Huang Po suggests that the only successful method for understanding it is intuition. Perhaps the difficulty for the Western philosopher arises from his compulsion to analyze and his wholesale rejection of intuition as a valid method of understanding. For the Zen Buddhist, ?Mind? is a sea in which (...) men float expecting to know it as a whole by analyzing every droplet. (shrink)

Hsiin Yiieh's Shen-chien is one of the four major philosophical works that have survived from the later Han dynasty. Presented here for Western readers is an English translation by Ch'i-ytin Ch'en of the entire work, supplemented with selections of Hsiin Yiieh's other essays. Originally published in 1980. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books (...) while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)