Der Band versammelt Beiträge des Deutsch-Japanischen Rechtsdialogs in Augsburg. Mit dem Generalthema «Straftheorie und Strafgerechtigkeit» werden Grundfragen des Straf- und Strafprozessrechtes aufgegriffen. Warum bestrafen wir? Wie sind Strafen und wie ist der Strafprozess angemessen auszugestalten, um Gerechtigkeit und Rechtsfrieden zu erreichen? Wie können Bürgerrechte hinreichend geschützt werden? Diese Fragen werden vor dem Hintergrund eines wachsenden Sicherheitsbedürfnisses in den Gesellschaften Japans und Deutschlands erörtert.

Although contemporary Confucianists tend to view Western liberalism as pitting the individual against society, recent liberal scholarship has vigorously claimed that liberal polity is indeed grounded in the self-transformation that produces “liberal virtues.” To meet this challenge, this essay presents a sophisticated Confucian critique of liberalism by arguing that there is an appreciable contrast between liberal and Confucian self-transformation and between liberal and Confucian virtues. By contrasting Locke and Confucius, key representatives of each tradition, this essay shows that both liberalism (...) and Confucianism aim to reconstruct a society freed from antisocial passions entailing a vicious politics of resentment, and yet come to differing ethical and political resolutions. My key claim is that what makes Confucian self-cultivation so distinctive is the incorporation of ritual propriety ( li ) within it, whereas liberal self-transformation that relies heavily on a method of self-control comes back to the problem that it originally set out to overcome. (shrink)

In his 21st-century explorer’s uniform, Nordiclooking Spencer Wells kneels alongside nearly naked, smaller, African hunters who sport bows and arrows. Featured on the National Geographic Web site, “Explorer-in-Residence” Wells hold a bachelor’s and doctorate degree in biology. He is also a filmmaker who both masterminded and hosted National Geographic’s 2002 documentary, The Journey of Man: A Genetic Odyssey, which explains to non-scientists a molecular anthropology narrative of how humans left Africa 60,000 years ago to populate the rest of the globe.In (...) his latest exploratory adventure, Wells is the project leader and spokesperson for the recently announced “Genographic Project,” a “landmark study of the human journey.” In April 2005, National Geographic and IBM, with funding from the Waitt Family Foundation, launched the Genographic Project as a five-year “research partnership” that aims to “trace the migratory history of the human species” and “map how the Earth was populated.”. (shrink)

Cultural traits are those phenotypic traits whose development depends on social learning. These include practices, skills, beliefs, desires, values, and artefacts. The distribution of cultural traits in the human species changes over time. But this is not enough to show that culture evolves. That depends on the mechanisms of change. In the cultural realm, one can often observe something similar to biology’s ‘descent with modification’: cultural traits are sometimes modified, their modifications are sometimes retained and passed on to others through (...) social learning, until new modifications are added. In this way, new modifications are piled on top of old modifications, generating cumulative change. But, again, this is not enough to show that culture evolves. For culture to evolve, cumulative change must be the result of hidden-hand mechanisms similar to those that explain cumulative biological change. If cumulative cultural change cannot be explained in these terms, the analogy between cultural change and biological evolution is unhelpful. The best known biological mechanism is natural selection. There are reasons to think that cultural change is at least sometimes due to natural-selection-like mechanisms. The adaptive fit often found between cultural traits and the environment has in many cases been built gradually and in a way that involves natural selection operating at the cultural level. The parallel with morphological adaptation is compelling. No complete and universally accepted account of natural-selectionlike processes operating at the cultural level exists at this stage. But at least three kinds of processes seem possible. (shrink)

Big Data research is currently split on whether and to what extent Twitter can be characterized as an informational or social network. We contribute to this line of inquiry through an investigation of digital humanities scholars’ uses and gratifications of Twitter. We conducted a thematic analysis of 25 semi-structured interview transcripts to learn about these scholars’ professional use of Twitter. Our findings show that Twitter is considered a critical tool for informal communication within DH invisible colleges, functioning at varying levels (...) as both an information network and a social network. We find that Twitter follow relationships reflect common academic interests and are closely tied to scholars’ pre-existing social ties and conference or event co-attendance. The concept of the invisible college continues to be relevant but requires revisiting. The invisible college formed on Twitter is messy, consisting of overlapping social contexts, scholars with different habits of engagement, and both formal and informal ties. Our research illustrates the value of using multiple methods to explore the complex questions arising from Big Data studies and points toward future research that could implement Big Data techniques on a small scale, focusing on sub-topics or emerging fields, to expose the nature of scholars’ invisible colleges made visible on Twitter. (shrink)

Narrative Science examines the use of narrative in scientific research over the last two centuries. It brings together an international group of scholars who have engaged in intense collaboration to find and develop crucial cases of narrative in science. Motivated and coordinated by the Narrative Science project, funded by the European Research Council, this volume offers integrated and insightful essays examining cases that run the gamut from geology to psychology, chemistry, physics, botany, mathematics, epidemiology, and biological engineering. Taking in shipwrecks, (...) human evolution, military intelligence, and mass extinctions, this landmark study revises our understanding of what science is, and the roles of narrative in scientists' work. This title is also available as Open Access. (shrink)

In this article, we focus on problem solving talk in the business meeting event. We zoom in on the processes of formulating, negotiating and ratifying an issue as a problem, and we argue that individuals negotiate their stances in relation to their perceived/projected professional roles. The processes of problem-solving are, simultaneously, processes of self/other positioning. We take an Interactional Sociolinguistic perspective and draw on audio-recorded meeting talk collected in a multinational corporate workplace. Our analysis shows that interactants draw on issues (...) of accountability, perceived/projected responsibilities and expertise in pursuit of their own interactional agenda in the problem-solving meeting. We close the article with directions for further research. (shrink)

This study investigated how coda voicing contrast in English would be phonetically encoded in the temporal vs. spectral dimension of the preceding vowel (in vowel duration vs. F1/F2) by Korean L2 speakers of English, and how their L2 phonetic encoding pattern would be compared to that of native English speakers. Crucially, these questions were explored by taking into account the phonetics-prosody interface, testing effects of prominence by comparing target segments in three focus conditions (phonological focus, lexical focus, and no focus). (...) Results showed that Korean speakers utilized the temporal dimension (vowel duration) to encode coda voicing contrast, but failed to use the spectral dimension (F1/F2), reflecting their native language experience—i.e., with a more sparsely populated vowel space in Korean, they are less sensitive to small changes in the spectral dimension, and hence fine-grained spectral cues in English are not readily accessible. Results also showed that along the temporal dimension, both the L1 and L2 speakers hyperarticulated coda voicing contrast under prominence (when phonologically or lexically focused), but hypoarticulated it in the non-prominent condition. This indicates that low-level phonetic realization and high-order information structure interact in a communicatively efficient way, regardless of the speakers’ native language background. The Korean speakers, however, used the temporal phonetic space differently from the way the native speakers did, especially showing less reduction in the no focus condition. This was also attributable to their native language experience—i.e., the Korean speakers’ use of temporal dimension is constrained in a way that is not detrimental to the preservation of coda voicing contrast, given that they failed to add additional cues along the spectral dimension. The results imply that the L2 phonetic system can be more fully illuminated through an investigation of the phonetics-prosody interface in connection with the L2 speakers’ native language experience. (shrink)

This paper provides estimates of the economic welfare effects of tobacco taxation in India, S.Africa, S.Korea, Japan and the European Union. It argues that past studies of the cost-benefits of smoking are flawed as they fail to net out Paretoirrelevant pecuniary externalities. It estimates tobacco demand for both the myopic and rational addiction models and finds the latter invariably perform better. It finds that the net welfare losses associated with current tax levels an increase over current taxation of 10% and (...) an increase of 10% a year for!0 years in all these countries, but particularly in the poorest, are large.Cet article fournit des estimations des effets des taxes sur le tabac sur le bien-être : l’Inde, l’Afrique du Sud, la Corée du Sud, le Japon et l’Union Européenne. L’article soutient que les analyses antérieures des coûts et des bénéfices de la cigarette sont erronées car elles ne tiennent pas compte des externalités pécuniaires non pertinentes dans un monde parétien. Il donne des estimations de la demande non tant pour les modèles myopes que pour ceux supposant une addiction rationnelle et constate que ces derniers donnent de meilleurs résultats. Il en ressort aussi que les pertes nettes de bien-être associées aux niveaux actuels de taxes, à une augmentation de 10% des taxes actuelles et à une augmentation annuelle de 10% des taxes sur 10 ans dans toutes les zones étudiées, mais particulièrement dans les plus pauvres d’entre elles, sont conséquentes. (shrink)

Typically developing 3-day-old newborns take significantly more forward steps on a moving treadmill belt than on a static belt. The current experiment examined whether projecting optic flows that specified forward motion onto the moving treadmill surface would further enhance forward stepping. Twenty newborns were supported on a moving treadmill without optic flow, with optic flow matching the treadmill’s direction and speed, with optic flow in the same direction but at a faster speed, and in a control condition with an incoherent (...) optic flow moving at the same speed as in the Congruent condition but in random directions. The results revealed no significant differences in the number or coordination of forward treadmill steps taken in each condition. However, the Faster condition generated significantly fewer leg pumping movements than the Random control condition. When highly aroused, newborns made significantly fewer single steps and significantly more parallel steps and pumping movements. We speculate the null findings may be a function of the high friction material that covered the treadmill surface. (shrink)

AimHealthcare workers have directly provided care for COVID-19 patients, and have faced many additional sources leading to poor mental health. The study aimed to investigate the mental health problems and related factors among healthcare staff in Vietnam.MethodsA descriptive cross-sectional mixed methods study, combining quantitative and qualitative research methods, was performed among 400 healthcare workers working at the National Hospital for Tropical Diseases and Ninh Binh General Hospital from the first day of treatment for COVID-19 patients to May 01, 2020.ResultsThe results (...) showed that 8.0% of participants had stress, 17.5% of participants had anxiety, and 14.8% of participants had depression. Approximately 50% of participants reported that they had at least one of these symptoms. The findings illustrated that stress, anxiety, and depression were associated with the position in a hospital, health status during the COVID-19 pandemic, family members/relatives infected with COVID-19, physical and mental support from friends, family, and community, department, years of working, and the average work hours per day of healthcare workers exposed to COVID-19.ConclusionDuring the COVID-19 pandemic, healthcare workers who worked in the hospital providing treatment and care for COVID-19 patients dealt with mental health problems such as stress, anxiety, and depression. It is necessary to promote mental health among healthcare workers, to contribute to the fight against the COVID-19 outbreak in Vietnam. (shrink)

Some feminist discourses blame some men for gender inequality, gender domination, and gender-based violence. Some women use such discourse as a perfect scenario to criticize some men’s behavior. Indeed, they usually do so with Oppressed Traditional Masculinities but not with Dominant Traditional Masculinities, who are the men who were violent with those women and with whom some of those women chose to have relationships. However, there have always been men who have been on the side of women and have never (...) committed violence against them. Therefore, New Alternative Masculinities reject being indicated as guilty of the violence committed against women by DTM. Through a communicative approach, applying six semi-structured interviews with a communicative orientation and a communicative data analysis of all information, this article explores both women’s communicative acts that blame OTM for what DTM have done to women and NAM’s reactions to these accusations to stop such blaming to make it possible to overcome hegemonic discourses. (shrink)

Using the scope of justice perspective (Deutsch in J Soc Issues 31(3):137–149, 1975 ; Opotow in Conflict, cooperation, and justice: essays inspired by the work of Morton Deutsch, 1995 , J Soc Issues 52:19–24, 1996 ), we examined whether and how the relationship between perceived discrimination against minorities at work (i.e., racial minorities and females) and citizenship behavior toward minorities can be modified by personal value for diversity. Based on a survey of 173 employees, unexpectedly, we found a negative relationship (...) between perceived discrimination against minorities at work and citizenship behavior toward minorities. However, consistent with our expectations and the scope of justice, we found that the negative relationship was attenuated for those high in personal value for diversity. (shrink)

This essay sheds new light on Korean democracy after democratization. It examines how the notion of ‘transcendental collectivism’, associated with familial bonds and the concept of chŏng, led to an emphasis on citizen‐empowerment. This participatory perspective replaced the militant elite‐led activism of the transitional period, which was underpinned by a Confucian ‘transcendental individualism’ predicated on the concept of ren. The argument is based on a detailed case study of a recent episode of citizen action. The article shows how the search (...) for a new democratic citizenship that was capable of overcoming the parochial regionalism that has bedeviled Korean politics for decades, led ordinary (especially young) Korean citizens to come up with a new national democratic civic ethos that corresponded to the changed political environment. This new ethos was uri‐responsibility, a uniquely Korean view of collective moral responsibility. After examining uri‐responsibility and comparing it with Kantian‐liberal accounts of responsibility, its strong democratic implications for Korea are explored. (shrink)

Background: Financial conflict of interest in clinical research is an area of active debate. While data exist on the perspectives and roles of academic institutions, investigators, industry sponsors, and scientific journals, little is known about the perspectives of potential research participants.Methods: The authors surveyed potential research participants over the internet, using the Harris Interactive Chronic Illness Database. A potential research participant was defined by: self report of diagnosis by a health care professional and willingness to participate in clinical trials. Email (...) invitations were sent to 20 205 persons with coronary artery disease, breast cancer, or depression; a total of 6363 persons were screened; of these, 86% or 5478 met inclusion criteria and completed the survey. The outcome measures were respondents’ ratings on: importance of knowing conflict of interest information, whether its disclosure ought to be required, and its effect on willingness to participate—across seven widely discussed scenarios of financial conflicts of interest .Results: Majority responded that knowing conflict of interest information was “extremely” or “very” important; a larger majority felt financial conflicts of interest should be disclosed as part of informed consent . In all seven scenarios, a majority was still willing to participate but in some scenarios a sizable minority would be wary of participation. Respondents were more wary of individual than institutional conflicts of interest. Illness group and sociodemographic factors had modest effects and did not affect the main trends.Conclusions: The prevailing practice of non-disclosure of financial conflicts of interest in clinical research appears contrary to the values of potential research participants. (shrink)

This article argues that, contrary to conventional wisdom, Xunzi’s and Hobbes’s understandings of human nature are qualitatively different, which is responsible for the difference in their respective normative political theory of a civil polity. This article has two main theses: first, where Hobbes’s deepest concern was with human beings’ unsocial passions, Xunzi was most concerned with human beings’ appetitive desires ( yu 欲), material self-interest, and resulting social strife; second, as a result, where Hobbes strove to transform the pathological (anti-)politics (...) of resentment into the politics of recognition by creating rational egalitarian citizenship under the all-encompassing constitutional sovereign power, Xunzi attempted to nourish human beings’ basic appetitive desires ( yu 欲) by instituting a li 禮 ordered civil entity. This article concludes by showing how Confucian civility that Xunzi reconstructed by means of the li 禮 can effectively deal with unsocial passions. (shrink)

In the 20th century, public health was responsible for most of the 30-year increase in average life expectancy in the United States.1 Most of the significant advances in public health required the combined effort of scientists and attorneys. Scientists identified public health threats and the means of controlling them, but attorneys and policymakers helped convert those scientific discoveries into laws that could change the behavior of industries or individuals at a population level. In tobacco control, public health scientists made the (...) groundbreaking discovery that smoking caused lung cancer, but attorneys and policymakers developed and implemented the policies and litigation strategies that helped reduce smoking rates by more than half over the past 50 years. (shrink)

The primary goal of this paper is to investigate the theoretical and methodological applicability of the relevant theories of Marcuse and Foucault to analyzing the relationship between comedic pleasure and the popular media. The researchers investigate the similarities of and the differences between the respective positions of Marcuse and Foucault as they relate to power relations, subjectivity, and practice. Likewise, the methodological applicability of these theorists’ work to a discourse analysis of how media content constructs comedic pleasure is considered. Overall, (...) the present study explored the arrangement and deployment of discourses of comedic pleasure as exploited by the power/knowledge mechanism of the media and the entertainment industry. And, through this discussion, the current study argued that three key statements constitute a discursive framework for the analysis of comedic pleasure in the popular media. (shrink)

This essay attempts a philosophical reflection of the Confucian ideal of “scholar-official” in Joseon Korea’s neo-Confucian context. It explores why this noble ideal of a Confucian public being had to suffer many moral-political problems in reality. It argues first that because the institution of Confucian scholar-official was actually a modus-operandi compromise between Confucianism and Legalism, the Confucian scholar-officials were torn between their ethical commitment to Confucianism and their political commitment to the state; and second, that because the Cheng-Zhu neo-Confucianism vigorously (...) imported and indigenized by Joseon Koreans exalted the family over the state, Joseon neo-Confucian scholar-officials were torn between two competing moral obligations, filiality and loyalty. The essay concludes by discussing whether, given the problems with which the ideal of the Confucian scholar-official was frequently entangled, liberal individualism should be pursued as its normative alternative. (shrink)

With the rise of responsible innovation initiatives in firms that commercialize innovation in recent years, experts have argued that in order for RI to succeed, practical issues must be considered. Accordingly, this paper explores RI from the perspective of Korean emerging technology development firms. Although social benefits are expected from RI, which aims to reduce the side effects of innovations for society, the implementation of RI requires changing firms’ existing rules and routines. Therefore, predicting benefits and costs from the firm’s (...) perspective can shed light on the likelihood that RI will succeed. In this study, through an expert survey, the relative weights of RI-related benefit criteria and cost criteria were analyzed. On this basis, trends in priorities for RI levels were evaluated from present and future perspectives. Unexpectedly, firms recognized that even if constraints such as RI impose greater costs, they will eventually bring greater benefits. This finding indicates that innovation induced by RI overcomes obstacles, offsets costs, and then finally increases firms’ competitiveness, and that firms are willing to do good for society through RI. In the long term, a firm’s ethical activities may eventually result in improved performance by its management. Therefore, it can be concluded that, even if RI is enforced in a compulsory manner, it is highly likely that it can be well established and promoted even in firms that consider profit first. (shrink)

By analyzing how Korea has upgraded its industrial capabilities in the course of corporate globalization, this article holds that some versions of developmental state work better in the globalization process. Globalizing national corporations, neoliberal optimism notwithstanding, does not necessarily result in upgrading domestic innovation capabilities. In the United States, free-market firms may benefit through offshoring, but they create holes in the industrial linkages or industrial commons at home, enfeebling US capability for innovation. By contrast, the Korean government successfully upgraded domestic (...) firms’ innovation capabilities and reduced the possibility of deindustrialization in the course of globalization by moving from classical developmentalism to a new form of development based on inclusive and collaborative networks. Korea’s earlier classical developmentalism focused on mobilization of physical capital, funneling it exclusively to a few firms. (shrink)

Face recognition payment, an innovative financial technology service, is a recently developed mode of payment service that has garnered attention in the offline market, particularly in China. However, studies examining the adoption of FRP by consumers are scarce. Therefore, this study proposed a causal model built on the Unified Theory of Acceptance and Use of Technology, and key predictors related to the intention of using FRP were identified. The structural equation model-based results obtained from 305 Chinese participants demonstrated that the (...) intention was most affected by relative advantage. In addition, performance expectancy, effort expectancy, social influence, and perceived risk also had a significant impact. However, trust was found to not significantly affect consumers’ intentions, despite it negatively influencing perceived risk. Thus, the results of this study are expected to provide a set of guidelines for companies regarding the implementation of FRP. (shrink)

Knowledge of the context and development of playful expressions in chimpanzees is limited because research has tended to focus on social play, on older subjects, and on the communicative signaling function of expressions. Here we explore the rate of playful facial and body expressions in solitary and social play, changes from 12- to 15-months of age, and the extent to which social partners match expressions, which may illuminate a route through which context influences expression. Naturalistic observations of seven chimpanzee infants (...) ( Pan troglodytes ) were conducted at Chester Zoo, UK ( n = 4), and Primate Research Institute, Japan ( n = 3), and at two ages, 12 months and 15 months. No group or age differences were found in the rate of infant playful expressions. However, modalities of playful expression varied with type of play: in social play, the rate of play faces was high, whereas in solitary play, the rate of body expressions was high. Among the most frequent types of play, mild contact social play had the highest rates of play faces and multi-modal expressions (often play faces with hitting). Social partners matched both infant play faces and infant body expressions, but play faces were matched at a significantly higher rate that increased with age. Matched expression rates were highest when playing with peers despite infant expressiveness being highest when playing with older chimpanzees. Given that playful expressions emerge early in life and continue to occur in solitary contexts through the second year of life, we suggest that the play face and certain body behaviors are emotional expressions of joy, and that such expressions develop additional social functions through interactions with peers and older social partners. (shrink)

Although emerging scholarship in the social sciences suggests that religion can be a potential catalyst of cosmopolitanism and global citizenship, few attempts have been made to bring to the fore new theoretical positions and empirical analyses of how cosmopolitanism -- as a philosophical notion, a practice and identity outlook -- can also shape and inform concrete religious affiliations. Key questions concerning the significance of cosmopolitan ideas and practices - in relation to particular religious experiences and discourses -- remain to be (...) explored, both theoretically and empirically. This book takes as its starting point the emergence of cosmopolitanism -- as a major interdisciplinary field -- as a springboard for generating a productive dialogue among scholars working within a variety of intellectual disciplines and methodological traditions. The chapter contributions offer a serious attempt to critically engage both the limitations and possibilities of cosmopolitanism as an analytical and critical tool to understand a changing religious landscape in a globalizing world, namely, the so-called 'new religious diversity', religious conflict, and issues of migration, multiculturalism and transnationalism vis-à-vis the public exercise of religion. The contributors' work is situated in a range of world sites in Africa, India, North America, Latin America, and Europe. This work will be of great interest to students and scholars of globalization, religion and politics, and the sociology of religion. (shrink)

1. Kō to shi no shisōshi -- 2. Kō to shi no shakai kagaku -- 3. Nihon ni okeru kō to shi -- 4. Ō-Bei ni okeru kō to shi -- 5. Kokka to ningen to kōkyōsei -- 6. Keizai kara mita kōshi mondai -- 7. Chūkan shūdan ga hiraku kōkyōsei -- 8. Kagaku gijutsu to kōkyōsei -- 9. chikyū kankyō to kōkyōsei -- 10. 21-seiki kōkyō tetsugaku no chihei -- 14. Rīdāshippu kara kangaeru kōkyōsei.