BackgroundIn its 2015 decision in Montgomery v. Lanarkshire Health Board, the Supreme Court of the United Kingdom overruled the long-standing, paternalistic prudent doctor standard of care in favour of a new reasonable patient standard which obligates doctors to make their patients aware of all material risks of the recommended treatment and of any reasonable alternative treatment. This landmark judgment has been of interest to the rest of the common law world. A judicial trend of invoking Montgomery to impose more stringent (...) requirements on doctors is discernible in subsequent decisions since then.Main bodyIn this narrative review, without questioning the idea that properly informed patients should play a more active role in procedures affecting their own health in furtherance of their autonomy, safety, and consumer rights, we identify and analyse, with the aid of realistic clinical thought experiments, three practical conundrums that the Montgomery standard may inflict on the daily work of doctors, unfairly exposing them to arbitrary legal risks.ConclusionsThese conundrums pertain to the ascertainment of the risks that must be disclosed to the patient under the test of ‘materiality’; the legal uncertainty as to the scope of the exceptions; and the actual ability of doctors to cope with the pressures of time. These conundrums offer ripe opportunities to rethink the proper role of judicially developed medical law in modern health care practice. (shrink)

Responding to Open Philosophy’s call ‘Does public art have to be bad art?’, in this paper we argue that this discussion should pay attention to the consequences of structural transformations that guide the production and presentation of public art in today’s increasingly private city. While entrepreneurial governance and corporate branding strategies generate new opportunities, they might also result in increased risk averseness and control over the content of public art, thus putting its critical potential at risk. That observation ushers in (...) urgent questions about control, complicity and criticality. We aim to reflect on those questions through two public art projects in Hong Kong: Antony Gormley’s Event Horizon (2015) and Our 60-second friendship begins now (2016) by Sampson Wong Yu-hin and Jason Lam Chi-fai. After drawing conclusions on the justification of public funding for co-productions, the legitimacy for artists to sometimes not ‘follow the rules’, and the problematic nature of a narrow definition of professionalism as a means to discredit artists, our analysis underlines the urgent need to develop a framework that can guide discussions on the consequences of control and complicity for the critical potential of public art. (shrink)

L’activité physique (AP) et les comportements de santé des élèves des classes et des écoles d’éducation spéciale (SECS) sont largement sous-étudiés. Le but de cette étude est de rendre compte du processus d’adaptation à ce public des enquêtes réalisées en population générale pour en améliorer la faisabilité et la comparabilité.Une série d’études a été réalisée. 1. Adaptation et test de l’enquête dans le SECS, 2. Recueil des données de l’étude pilote, 3. Tests supplémentaires pour une version simplifiée, 4. Recueil national (...) des données auprès des élèves du SECS. Les items du Washington Group Child Functioning Module (CFM) ont été progressivement améliorés. Des échelles visuelles analogiques et des items simplifiés ont été ajoutés. Le temps passé à répondre et la facilité de compréhension des questions ont été retenus comme critères de faisabilité de l’enquête. Près de la moitié des élèves (n=396/889) ont terminé la version simplifiée et ce, sur un temps de classe. De plus, les enseignants ont fait un retour positif sur la passation de l’enquête. Dans les enquêtes représentatives nationales, les instructions données doivent être claires. Les élèves du SECS peuvent avoir besoin d’aide pour comprendre les questions posées et des investigations supplémentaires sont nécessaires pour étudier les effets de cette aide sur la réalisation des enquêtes. (shrink)

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

By his critical reflections on the crisis of modern civilization, Jan Patočka, phenomenologist of the Other Europe, incarnates the critical consciousness of the phenomenological movement. He was in fact one of the first European philosophers to have emphasized the necessity of abandoning the hitherto Eurocentric propositions of solution to the crisis when he explicitly raised the problems of a “Post-European humanity”. In advocating an understanding of the history of European humanity different from those of Husserl and Heidegger, Patočka directs his (...) philosophical reflections back to sketch a more profound phenomenology of the natural world insufficiently thematized in Husserl and absent in Heidegger’s Sein und Zeit. By virtue of its emphasis on the structural characteristics of movement, of praxis, and of the disclosure of the abyssal nature of human existence and of the original nothingness as the (non-)foundation of the phenomenal world, Patočka’s phenomenology of the natural world constitutes an opening towards the reception of Others and other cultures, in particular that of Chinese Taoist philosophy. (shrink)

In an article in Cognition, Machery, Mallon, Nichols, and Stich [Machery et al., 2004] present data which purports to show that “East Asian” native Cantonese speakers tend to have descriptivist intuitions about the referents of proper names, while “Western” native English speakers tend to have causal-historical intuitions about proper names. Machery et al take this finding to support the view that some intuitions, the universality of which they claim is central to philosophical theories, vary according to cultural background. Machery et (...) al hypothesize that the differences in intuitions about reference stem from general psychological differences between Eastern and Western subjects. Machery et al conclude from their findings that the philosophical methodology of consulting intuitions about hypothetical cases is flawed vis ` a vis the goal of determining truths about some philosophical domains. To quote Machery et al, “our data indicate that philosophers must radically revise their methodology” because “the intuitions philosophers pronounce from their armchairs are likely to be a product of their own culture and their academic training” ( [Machery et al., 2004] pp.B9). “The evidence suggests that it is wrong for philosophers to assume a priori the universality of their own semantic intuitions” ( [Machery et al., 2004] pp. B8). In the following study, I present data incompatible with Machery et al’s results. Native Cantonese-speaking immigrants from a Cantonese diaspora 1 in Southern California do not have descriptivist intuitions about the referents of proper names when presented with a Cantonese story and Cantonese questions about reference and truth-value. This data raises questions about the quality of Machery et al’s study and the conclusions they draw from it. (shrink)

Volume 53, Issue 2, February 2021, Page 181-196.

The aim of this paper is to discuss some aspects of the nature gravitational energy within the general theory of relativity. Some aspects of the difficulties to ascribe the usual features of localization and conservation to gravitational energy are reviewed and considered in the light of the dual of role of the dynamical gravitational field, which encodes both inertio-gravitational effects and the chronogeometrical structures of spacetime. These considerations will lead us to discuss the fact that the very notion of energy (...) - gravitational or not - is actually well-defined in the theory only with respect to some background structure. (shrink)

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

This paper assesses the comparative reliability of two belief-revision rules relevant to the epistemology of disagreement, the Equal Weight and Stay the Course rules. I use two measures of reliability for probabilistic belief-revision rules, calibration and Brier Scoring, to give a precise account of epistemic peerhood and epistemic reliability. On the calibration measure of reliability, epistemic peerhood is easy to come by, and employing the Equal Weight rule generally renders you less reliable than Staying the Course. On the Brier-Score measure (...) of reliability, epistemic peerhood is much more difficult to come by, but employing the Equal Weight rule always renders you more reliable than Staying the Course. I conclude with some normative lessons we can draw from these formal results. (shrink)

We consider to what extent the fundamental question of spacetime singularities is relevant for the philosophical debate about the nature of spacetime. After reviewing some basic aspects of the spacetime singularities within general relativity, we argue that the well known difficulty to localize them in a meaningful way may challenge the received metaphysical view of spacetime as a set of points possessing some intrinsic properties together with some spatiotemporal relations. Considering the algebraic formulation of general relativity, we argue that the (...) spacetime singularities highlight the philosophically misleading dependence on the standard geometric representation of spacetime. †To contact the author, please write to: Department of Philosophy, University of Lausanne, CH-1015 Lausanne, Switzerland; e-mail: vincent.lam@unil.ch. (shrink)

Appealing to imagination for modal justification is very common. But not everyone thinks that all imaginings provide modal justification. Recently, Gregory and Kung :620–663, 2010) have independently argued that, whereas imaginings with sensory imageries can justify modal beliefs, those without sensory imageries don’t because of such imaginings’ extreme liberty. In this essay, I defend the general modal epistemological relevance of imagining. I argue, first, that when the objections that target the liberal nature of non-sensory imaginings are adequately developed, those objections (...) also threaten the sensory imaginings. So, if we think that non-sensory imaginings are too liberal for modal justification, we should say the same about sensory imaginings. I’ll finish my defense by showing that, when it comes to deciding between saying that all imaginings are prima facie justificatory and saying that no imaginings are justificatory, there is an independent reason for accepting the former. (shrink)

The procedures of canonical quantization of the gravitational field apparently lead to entities for which any interpretation in terms of spatio-temporal localization or spatio-temporal extension seems difficult. This fact is the main ground for the suggestion that can often be found in the physics literature on canonical quantum gravity according to which spacetime may not be fundamental in some sense. This paper aims to investigate this radical suggestion from an ontologically serious point of view in the cases of two standard (...) forms of canonical quantum gravity, quantum geometrodynamics and loop quantum gravity. We start by discussing the physical features of the quantum wave functional of quantum geometrodynamics and of the spin networks of loop quantum gravity that motivate the view according to which spacetime is not fundamental. We then point out that, by contrast, for any known ontologically serious understanding of quantum entanglement, the commitment to spacetime seems indispensable. Against this background, we then critically discuss the idea that spacetime may emerge from more fundamental entities. As a consequence, we finally suggest that the emergence of classical spacetime in canonical quantum gravity faces a dilemma: either spacetime ontologically emerges from more fundamental non-spatio-temporal entities or it already belongs to the fundamental quantum gravitational level and the emergence of the classical picture is merely a matter of levels of description. On the first horn of the dilemma, it is unclear how to make sense of concrete physical entities that are not in spacetime and of the notion of ontological emergence that is involved. The second horn runs into the difficulties raised by the physics of canonical quantum gravity. (shrink)

Radical ontic structural realism (ROSR) asserts an ontological commitment to ‘free-standing’ physical structures understood solely in terms of fundamental relations, without any recourse to relata that stand in these relations. Bain ([2013], pp.1621–35) has recently defended ROSR against the common charge of incoherence by arguing that a reformulation of fundamental physical theories in category-theoretic terms (rather than the usual set-theoretic ones) offers a coherent and precise articulation of the commitments accepted by ROSR. In this essay, we argue that category theory (...) does not offer a more hospitable environment to ROSR than set theory. We also show that the application of category-theoretic tools to topological quantum field theory and to algebraic generalizations of general relativity do not warrant the claim that these theories describe ‘object-free’ structures. We conclude that category theory offers little if any comfort to ROSR. 1 Introduction: Ridding Structures of Objects2 The Set-theoretic Peril for Radical Ontic Structural Realism3 Bain’s Categorial Strategy to Save Radical Ontic Structural Realism4 Throwing out the Relations with the Relata5 Categorial and Set-theoretical Structures6 Radical Suggestions from Topological Quantum Field Theory?7 Sheaves of Einstein Algebras as Radical Structures?8 Conclusions. (shrink)

William C. Frederick proposes a naturalistic business ethics. Many commentators focus on the issues of naturalistic fallacy, deprivation of freedom of the will, and possibility of important and universal moral values in business ethics. I argue that an ethics being naturalistic is not a worry. The issue of deprivation of free will is irrelevant. Yet there are urgent questions regarding the possibility of important and universal moral values, which may prevent Frederick’s view from getting off the ground.

Purpose – The aim of this study is to study the implementation of G2B initiatives for small- and medium-sized enterprises in Hong Kong, focusing on the underlying importance, benefits and challenges. Design/methodology/approach – The context of this study was initially established based on comparisons with B2B initiatives. However, it is also learned from the literature that the transformational aspect of e-Government development has not been materialized, whereas the extended web assessment method, the three-ring model and DeLone and McLean’s IS success (...) model were therefore identified to derive and build the theoretical G2B success model, thereby developing the online survey instrument of this study. Specifically, a positivist paradigm was adopted to investigate the impact of each G2B success factor on the overall satisfaction with using the G2B systems under examination from the perspective of SMEs, rather than simply placing emphasis on the number of electronic services provided and the investments spent. Findings – The research findings were compiled based on both the multiple regression analysis and EWAM analysis results, thus making the necessary improvements in the appropriate service aspects of the G2B systems concerned. Originality/value – The main study concluded that prevalent G2B initiatives in Hong Kong have been largely connected to pursuing conservative paradigms in public service provision. The new e-Government strategic agenda is therefore laid out for increasing the overall transparency of new public management based on the provision of resilient-based public services, thereby advancing the democratic empowerment of all the G2B stakeholders involved and also maximizing the multifold effects of value creations. (shrink)

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

1. cilt. İnsan, evren, zaman -- 2. cilt. Yaradılış.

The paper compares ontic structural realism in quantum physics with ontic structural realism about space–time. We contend that both quantum theory and general relativity theory support a common, contentful metaphysics of ontic structural realism. After recalling the main claim of ontic structural realism and its physical support, we point out that both in the domain of quantum theory and in the domain of general relativity theory, there are objects whose essential ways of being are certain relations so that these objects (...) do not possess an intrinsic identity. Nonetheless, the qualitative, physical nature of these relations is in the quantum case (entanglement) fundamentally different from the classical, metrical relations treated in general relativity theory. (shrink)

This article examines Schelling’s understanding of Laozi 老子. It begins with Schelling’s reception of Laozi’s text and its translation. The main part of this article focuses on Schelling’s discussion of Laozi in his Philosophy of Mythology. It then compares some of the key concepts mentioned in Schelling’s comments and their respective counterparts in Laozi: nothingness and wu 無, portal and abyss, reason and dao 道, name and concept, nature and ziran 自然, and so on, and analyzes the possible reasons for (...) his sympathetic understanding of Laozi as against his own philosophical system. The main argument is that Schelling’s romantic tendency means that he can have an alternative understanding of Laozi. Finally it concludes with a few remarks on the differences between Schelling and Laozi in terms of their philosophical systems and methods. (shrink)

This paper considers two questions. First, what is the scope of the Equal Weight View? Is it the case that meeting halfway is the uniquely rational method of belief-revision in all cases of known peer disagreement? The answer is no. It is sometimes rational to maintain your own opinion in the face of peer disagreement. But this leaves open the possibility that the Equal Weight View is indeed sometimes the uniquely rational method of belief revision. Precisely what is the skeptical (...) import of this fact; is it the case that some form of skepticism triumphs in such cases? The answer to this question is also no. As it turns out, the situations in which it is most plausible that the Equal Weight view is a rational requirement are the ones in which meeting halfway with a disagreeing peer brings you closer to, and not farther from, knowledge. I argue for these theses in a novel way; by looking at the comparative reliability of belief- invariance and meeting halfway using measures of reliability for degrees of belief, and by drawing normative conclusions from such results. The conclusions here can have the effect of reframing the entire debate in the epistemology of disagreement. (shrink)

This thesis presents an interpretation of David Hume’s essay ‘Of the Standard of Taste’. The most distinguishing feature of this interpretation is the emphasis placed on the significance of Hume’s general philosophical position in a faithful reading of this philosophical classic. The success of this interpretation will show that Hume’s essay should be read as an integral part of his system of philosophy. There are three parts in this thesis. The first part is an overview of some key aspects of (...) Hume’s philosophy which are relevant to my interpretation. Unlike many contemporary philosophers in the analytic tradition, Hume is a systematic thinker. A faithful reading of his works should take his general philosophical framework seriously. Therefore, this overview of his system serves as the general background of the next two parts. The second part is a discussion of Hume’s aesthetic thought. More specifically, it provides an exposition of his view on beauty and judgements of beauty. This part completes the stage-setting for the development of my interpretation, by helping the reader form a more specific conceptual framework for understanding Hume’s essay. The third part develops an interpretation of ‘Of the Standard of Taste’ according to what has been provided in the previous two parts. It starts with an outline of the essay, which indicates Hume’s aim in writing it. After that, a few sections are devoted to some central elements of the essay. The last section of this part discusses four controversies concerning Hume’s essay. These discussions establish the strength of this interpretation, or at least, the fruitful prospect of an interpretative project that integrates Hume’s essay into his whole system. (shrink)

Confucian ethics as applied to the study of business ethics often relate to the micro consideration of personal ethics and the character of a virtuous person. Actually, Confucius and his school have much to say about the morals of the public administration and the market institutions in a more macro level. While Weber emphasizes the role of culture on the development of the economy, and Marx the determining influence of the material base on ideology, we see an interaction between culture (...) – specifically Confucian business ethics – and the economy. In this paper, we are going to study this interaction in several crucial stages of development of Confucianism. The paper concludes by postulating the relevance of Confucian business ethics to the global knowledge economy. (shrink)

This paper critically discusses recent objections that have been raised against the contextual understanding of fundamental physical objects advocated by non-eliminative ontic structural realism. One of these recent objections claims that such a purely relational understanding of objects cannot account for there being a determinate number of them. A more general objection concerns a well-known circularity threat: relations presuppose the objects they relate and so cannot account for them. A similar circularity objection has also been raised within the framework of (...) the weak discernibility claims made in the last few years about quantum particles. We argue that these objections rely either on mere metaphysical prejudice or on confusing the logico-mathematical formalism within which a physical theory is formulated with the physical theory itself. Furthermore, we defend the motivations for taking numerical diversity as a primitive fact in this context. (shrink)

Kant has often been criticized for his morality destroying happiness. I argue against this common misconception and focus the analysis on the idea that happiness, although not a primary motive for moral action, is still grounded in morality. Thus, happiness can be deduced from morality. Furthermore, I highlight the ontological difference between morality and happiness, both in their transcendental dimensions and in the narrower and broader senses of Kantian morality, by demonstrating that happiness can only be comprehended within the moral (...) framework. I will clarify that happiness is not seen as antithetical to morality, but rather as a potential and necessary future perspective, achievable through moral action and the formation of a community. This indicates that Kant’s moral philosophy is diverse, accommodating eudaimonism alongside his doctrine of duty. (shrink)

In this article, we analyzed the effect of various factors on moral judgment and ethical attitudes of working persons. It was found that the effect of various socio-demographic factors on ethical attitudes varied between the two different categories of ethical issues under study, issues which involve explicit violation of laws vis-à-vis issues which involved social concerns. Our results did not support the implication of Callahan’s hypothesis that males are more sensitive to rule-based ethical issues while women are to issues involving (...) social concerns; it was found that females have a lower acceptability of unethical behaviors related to both categories of issues in Hong Kong, whereas gender effect was not statistically significant in Mainland China. University education also had no significant effect on ethical attitudes. Religion played an important role in affecting ethical attitudes, however, its effect varied with different types of religions; Christianity was found to be most favorable to higher ethical standards, but people of traditional Chinese religion had a higher acceptability of unethical behaviors involving social concerns compared to people with no religion. Our finding also indicated that employees in state-owned enterprises, private employees, employees in foreign-investment firms, and employers in Mainland China all had a higher acceptability of unethical law-breaking behaviors compared to workers in collectives, throwing doubt on the validity of convergence theory in Mainland China. (shrink)

This book approaches the topic of intercultural understanding in philosophy from a phenomenological perspective. It provides a bridge between Western and Eastern philosophy through in-depth discussion of concepts and doctrines of phenomenology and ancient and contemporary Chinese philosophy. Phenomenological readings of Daoist and Buddhist philosophies are provided: the reader will find a study of theoretical and methodological issues and innovative readings of traditional Chinese and Indian philosophies from the phenomenological perspective. The author uses a descriptive rigor to avoid cultural prejudices (...) and provides a non-Eurocentric conception and practice of philosophy. Through this East-West comparative study, a compelling criticism of a Eurocentric conception of philosophy emerges. New concepts and methods in intercultural philosophy are proposed through these chapters. Researchers, teachers, post-graduates and students of philosophy will all find this work intriguing, and those with an interest in non-Western philosophy or phenomenology will find it particularly engaging. (shrink)

The paper argues that there are structures rather than objects with an intrinsic identity in the domain of fundamental physics. We line out the standard metaphysics of objects with an intrinsic identity, recall the main objection against that position (section 1) and then retrace the development to epistemic structural realism (section 2) and to ontic structural realism (section 3). We elaborate on the arguments for ontic structural realism from quantum physics (section 4) and from space-time physics (section 5). Finally, we (...) claim that the main objection against the standard metaphysics of objects with an intrinsic identity is countered by structural realism only if the fundamental physical structures are conceived as causal structures (section 6). (shrink)

Philosophy is presented in a wide range of forms, none of which can be convincingly claimed to be the “genuine” one. Historically speaking, there is not one “proper” way of doing philosophy, evidencing what may be called the social contingency of philosophy. This paper aims to provide a “critical” philosophy of today, in the Kantian sense of a philosophy that reflects on the conditions of its possibility, and thereby acknowledges the limitations they impose. Conceptually, our approach is grounded in Niklas (...) Luhmann’s social systems theory, in which “functional differentiation” and “second-order observation” are two crucial characteristics of modern society. The paper discusses how presentations of philosophy align themselves with the second-order observation mechanisms of the specific social systems in which they are “hosted.” This paper deals in particular with two such systems: academics and social media. These forms of presenting philosophy produce two different kinds of philosophy presenters: the expert and the influencer. (shrink)