Proportionality is a German, and thus continental European, concept in public law that is applied by both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The principle specifies that measures adopted by executive authorities should not exceed the limits of what is appropriate and necessary in order to achieve legitimate objectives in the interest of the public. Using a functional comparative approach, this book evaluates the extent to which proportionality has been (...) integrated into the English and Hong Kong judicial systems by comparing case law in these courts with that of the CJEU and the ECtHR. The text also reviews the development of proportionality and presents a topical understanding of why its adoption and application have encountered difficulties, particularly regarding socio-economic rights, in some jurisdictions, such as the United Kingdom and Hong Kong. Written by a scholar with experience from both within the Hong Kong judicial system and from international research, this book is the first all-encompassing reference for legal practitioners worldwide." -- Provided by publisher. (shrink)

The conjunction fallacy is the well-documented reasoning error on which people rate a conjunction A∧B as more probable than one of its conjuncts, A. Many explanations appeal to the fact that B has a high probability in the given scenarios, but Katya Tentori and collaborators have challenged such approaches. They report experiments suggesting that degree of confirmation—rather than probability—is the central determinant of the conjunction fallacy. In this paper, we have two goals. First, we address a confound in Tentori et (...) al.’s experiments: they failed to control for the fact that in their stimuli where B is confirmed, it is also conversationally relevant in the sense that it fits with the topic or question under discussion. Conversely, when B has a high probability but is not confirmed, it is conversationally irrelevant. Consequently, it is possible that conversational relevance, rather than confirmation, is responsible for the differences they found between confirmed and probable hypotheses. Second, inspired by recent theoretical work, we aim to give the first empirical investigation of the hypothesis that this type of conversational relevance on its own—independently of degree of confirmation—can be an important factor in the conjunction fallacy. We report on two experiments that vary Tentori et al.’s design by making B relevant without changing its degree of probability or confirmation. We found that doing so increases the rate of the conjunction fallacy, suggesting that relevance plays an important role in the conjunction fallacy. (shrink)

This article examines the social development of Hong Kong's cultural and national identity since its return from the UK to the People's Republic of China nearly six years ago, focusing on the extent to which Hong Kong students are now inculcated in traditional Chinese music and express their devotion to the PRC through singing the national anthem. Hong Kong music teachers experience conflicts concerning their roles as music teachers and as purveyors of values education. These observations raise fundamental questions concerning (...) the sociopolitical function of values education in the music classroom. (shrink)

A thought-provoking resource detailing why causal theory is useful in geographical enquiry and how it can be developed through mechanism-based thinking. Includes a multitude of approaches and concepts in human geography today, covering important caveats, key considerations, and a synthetic approach Details contemporary geographical thought, covering theory in Marxism, poststructuralism and post-phenomenology/posthumanism, and feminism and postcolonialism Explores relationality and relational thought in contemporary human geography, plus moving towards a relational theory for the 2020s and beyond Discusses mechanism and process in (...) causal explanation, covering causal theory and actors, neoliberalization, and the process-mechanism distinction of neoliberalism Essential reading for academics, geographers, and scholars seeking unique perspective on an important facet of the field. (shrink)

BackgroundThis research explores how the COVID-19 pandemic has changed the ways doctors make end-of-life decisions, particularly around Do Not Attempt Cardio-Pulmonary Resuscitation (DNACPR), treatment escalation and doctors’ views on the legalisation of euthanasia and physician-assisted suicide.MethodsThe research was conducted between May and August 2021, during which COVID-19 hospital cases were relatively low and pressures on NHS resources were near normal levels. Data were collected via online survey sent to doctors of all levels and specialties, who have worked in the NHS (...) during the pandemic.Results231 participants completed the survey. The research found that over half of participants reported making more patients DNACPR than prepandemic, and this was due, at least in part, to an increased focus on factors including patient age, Clinical Frailty Scores and resource limitations. In addition, a sizeable minority of participants reported that they now had a higher threshold for escalating patients to ITU and a lower threshold for palliating patients, with many attributing these changes to formative experiences gained during the pandemic. Finally, our study found that there has not been a statistically significant change in the views of clinicians on the legalisation of euthanasia or physician-assisted suicide since the start of the pandemic.ConclusionThe COVID-19 pandemic appears to have altered several aspects of end-of-life decision making, and many of these changes have remained even as COVID-19 hospital cases have declined. (shrink)

Over the past two decades, Victor and Cullen's (Adm Sci Q 33:101-125, 1988) typology of ethical climates has been employed by many academics in research on issues of ethical climates. However, little is known about how managerial practices such as communication and empowerment influence ethical climates, especially from a functional perspective. The current study used a survey of employees from Taiwan's top 100 patent-owning companies to examine how communication and empowerment affect organizational ethical climates. The results confirm the relationship between (...) these two managerial practices and organizational ethical climates. We discuss our results and their implications for both future academic research and practice. (shrink)

Most neuroimaging research in stroke rehabilitation mainly focuses on the neural mechanisms underlying the natural history of post-stroke recovery. However, connectivity mapping from resting-state fMRI is well suited for different neurological conditions and provides a promising method to explore plastic changes for treatment-induced recovery from stroke. We examined the changes in resting-state functional connectivity (RS-FC) of the ipsilesional primary motor cortex (M1) in 10 post-acute stroke patients before and immediately after 4 weeks of robot-assisted bilateral arm therapy (RBAT). Motor performance, (...) functional use of the affected arm, and daily function improved in all participants. Reduced interhemispheric RS-FC between the ipsilesional and contralesional M1 (M1-M1) and the contralesional-lateralized connections were noted before treatment. In contrast, greater M1-M1 functional connectivity and disturbed resting-state networks were observed after RBAT relative to pre-treatment. Increased changes in M1-M1 RS-FC after RBAT were coupled with better motor and functional improvements. Mediation analysis showed the pre-to-post difference in M1-M1 RS-FC was a significant mediator for the relationship between motor and functional recovery. These results show neuroplastic changes and functional recoveries induced by RBAT in post-acute stroke survivors and suggest that interhemispheric functional connectivity in the motor cortex may be a neurobiological marker for recovery after stroke rehabilitation. (shrink)

The name of the first author was incorrect in the initial online publication. The original article has been corrected.

Although current literature demonstrates how parents benefit from parent empowerment programs, the development of a quantitative measure of parent empowerment has garnered limited attention in parenting research. The goal of this research was therefore to develop and validate a quantitative measure for the assessment of practitioners’ attitudes and competence in parent empowerment. In the process of item generation, the qualitative findings derived from four studies in relation to the perceived outcomes and experiences in parent empowerment were synthesized in the first (...) stage. In the second stage, a list of narratives that articulated different themes of parent empowerment was generated, which resulted in an item pool containing 28 items. In the third stage, the research team converted the 28 items into a survey instrument. In the fourth stage, a first-scale validation study was conducted to explore the factor structure of the initial 28-item questionnaire. The exploratory factor analysis on the first sample of 366 practitioners yielded a twofold factor structure with 17 items, including practitioners’ attitudes in parent empowerment and practitioners’ competence in parent empowerment. In the final stage, a second-scale validation study was undertaken to verify the fit of the twofold factor structure. A confirmatory factor analysis on the second sample of 170 practitioners demonstrated a good model fit. The results of reliability tests for the whole scale and two subscales also indicate satisfactory internal consistency. The Parent EmpowermentviaTransformative Learning Questionnaire (PETLQ) was thus developed and confirmed as a scale with sufficient factorial validity and internal consistency to be used for assessing parenting practitioners’ attitudes and competence in parent empowerment and for evaluating the effectiveness of parent empowerment programs. (shrink)

Drawing on theoretical work on humans’ adaptive capacity, we propose that supervisors’ perception of top management’s high bottom-line mentality (BLM) has a dysfunctional effect on their ethical leadership practices. Specifically, we suggest that these perceptions hinder supervisors’ empathy, which eventuates in less ethical leadership practices. We also investigate, in a first-stage moderated mediation model, how supervisors high in trait mindfulness are resistant to the ill effects of perceptions of top management’s high BLM. Supervisors high (versus low) in this trait are (...) less likely to respond to perceptions of top management’s high BLM with reduced empathy that then hinders ethical leadership. Results from a multi-wave, multi-source sample of working adults from the Chinese high technology industry provide general support for our theoretical model. Theoretical and practical implications are discussed. (shrink)

Skill and Mastery: Philosophical Stories from the Zhuangzi is part of Rowman & Littlefield International’s CEACOP (Center for East Asian and Comparative Philosophy) East Asian Comparative Ethics, P...

This article explores how aspects of traditional Chinese thought regarding creativity can influence and enrich contemporary thought about related topics: specifically, how creativity can be construed as an epistemic or intellectual virtue, and the benefits of considering it as such. It proceeds in three parts. First, I review a conception of creativity suggested by aspects of the Zhuangzi that centrally involves forms of spontaneity and adaptivity engendered by embracing you 遊, or “wandering”, contrasting it with more conventional conceptions of creativity (...) that emphasize novelty or originality. Second, I explain how this conception of creativity illuminates how creativity can be an epistemic virtue of a surprising sort: one that concerns a disposition to—borrowing an expression from Chris Fraser—“ride along with things”. This “riding along” is ironically engendered by letting go of what David Wong has characterized as “the obsession with being right”, about which the Zhuangzi expresses concern. I argue that, while this conception of creativity eschews fixed goals, including epistemically-oriented goals like apprehending truth or developing knowledge, there are nevertheless good reasons to count creativity (so understood) as an epistemic virtue. Third, I connect these explorations with current conversations (begun by Matthew Kieran and C. Thi Nguyen) that already treat creativity or, relatedly, play as an epistemic or intellectual virtue, and explore how engaging the Zhuangzi in the manner outlined promises to help extend them. (shrink)

Lun heng / Wang Chong zhuan -- Feng su tong yi / Ying Shao zhuan -- Feng shi wen jian ji / Feng Yan zhuan -- Shang shu gu shi / Li Chuo zhuan -- Guan qi xia yu / bu zhao zhuan ren -- Chun ming tui chao lu / Song Minqiu zhuan -- Song Jingwen bi ji / Song Qi zhuan -- Dong yuan lu / Gong Dingchen zhuan -- Wang shi tan lu / Wang Qinchen zhuan (...) -- Zhu shi / Wang Dechen zhuan -- Wen chang za lu : bu yi / Pang Yuanying zhuan -- Mengxi bi tan : bu bi tan / Shen Kuo zhuan. (shrink)

Several papers (e.g. [7, 23, 42]) have recently sought to give general frameworks for online structures and algorithms ([4]), and seeking to connect, if only by analogy, online and computable structure theory. These initiatives build on earlier work on online colouring and other combinatorial algorithms by Bean [10], Kierstead, Trotter et al. [48, 54, 57] and others, as we discuss below. In this paper we will look at such frameworks and illustrate them with examples from the first author’s MSc Thesis (...) ([58]). In this thesis, Askes looks at online, adversarial online and strongly online algorithms and structures. Additionally, we prove some new theorems about online algorithms on graphs of bounded pathwidth as well as some new results on punctually 1-decidable structures. (shrink)

Autism has been described as a neural deficit in prediction, people with autism manifest low perceptual construal and are impaired at traversing psychological distances, and Gilead et al.'s hierarchy from iconic to multimodal to fully abstract, socially communicated representations is exactly the hierarchy of representational impairment in autism, making autism a natural behavioural and neurophysiological test case for the prediction–abstraction relationship.

This article sketches the main features of traditional philosophical models of evidence, indicating idealizations in such models that it regards as doing more harm than good. It then proceeds to elaborate on an alternative model of evidence that is functionalist, complex, dynamic, and contextual, a view the author calls dynamic evidential functionalism (DEF). This alternative builds on insights from philosophy of scientific practice, Kuhnian philosophy of science, pragmatist epistemology, philosophy of experimentation, and functionalist philosophy of mind. Along the way, the (...) article raises concerns about the total evidence condition, requirements of certainty or incorrigibility on evidence, and accounts that restrict the type of things that can serve as evidence (to, for example, sense data, facts about particulars). DEF can also help us see the special value of novel predictions and experiments as evidence, as well as help us think about how to critically evaluate the putative evidence to determine whether it is evidence. (shrink)

Michel Faber’s novel Under the Skin tracks the transformation of the novel’s protagonist, Isserley, as she undergoes a crisis in her self-identity and drifts slowly but in a determined manner toward another way of life. Isserley works in the voddissin industry, which captures and transforms “vodsels” into consumable meat. As the novel unfolds, Isserley eventually comes to reject the meat industry and the subjugation of vodsels on which it is based. Here I suggest that Isserly’s subjective transformation is based not (...) on a superficial recognition of logical identity between herself and vodsels, but on a deeper ethic of belonging, which enables her to affirm her shared “animal” condition with vodsels and other earthly beings. (shrink)

From his earliest published writings to his last, Roman Ingarden displayed an interest in theoretical biology and its efforts to clarify what distinguishes living organisms from other types of entities. However, many of his explorations of such issues are easily overlooked, because they don’t appear in works that are primarily ontological, metaphysical, or anthropological in nature but are “hidden” within his works on literary aesthetics, where Ingarden sought to define the nature of living organisms in order to compare literary works (...) to such entities. This article undertakes a historical textual analysis that traces the evolution of Ingarden’s thought regarding the nature of the literary work of art as an organism-like entity and uncovers its links with the simultaneous development of his systems theory and its central concept of the “relatively isolated system”: for Ingarden, a literary work and an organism are each a systematically transforming, “living,” functional-structural whole that comprises a system of hierarchically arranged and partially isolated elements whose harmonious interaction allows the literary work or organism to fulfill its chief function. Having completed that historical analysis, we test Ingarden’s assessment of works of art as organism-like entities in a novel context by investigating the organism-like qualities of the contemporary computer game; insofar as their AI-driven behavior displays a form of agency, such games might appear to be even more “alive” than traditional works of art. We show that Ingarden’s conceptual framework provides a useful tool for understanding the “organicity” of such games as works of art, despite the fact that they differ qualitatively from those art forms with which Ingarden was directly familiar. (shrink)

Camras and Shutter persuasively argue for the complexity of infant emotional displays and provide evidence in opposition to some of the central claims of Differential Emotions Theory (DET). I discuss two points of caution to the study of emotion that are implicitly raised by the target article and describe briefly directions for research in the field.

In this paper I critique the concept of social groups deployed by Iris Marion Young in her well-known theory of the five faces of oppression. I contend that Young’s approach to conceptualizing social groups creates arbitrary and inconsistent categories, essentializes certain groups, and fails to take seriously the complexity of pluralism. I propose that Margaret Gilbert’s work in social metaphysics provides a more philosophically robust account of social groups that serves as a helpful corrective to Young’s approach. Gilbert’s account of (...) “we”-ness, as well as her theory of the nature of individuals and collectivities, provides a helpful vantage point for critiquing Young’s project and its emphasis on the social process of differentiation in the formation of social groups. (shrink)

In several posthumously published writings about the differences between humans and animals, Rush Rhees criticises the view that human lives are more important than (or superior to) animal lives. Rhees' views may seem to be in sympathy with more recent critiques of “speciesism.” However, the most commonly discussed anti-speciesist moral frameworks – which take the capacity of sentience as the criterion of moral considerability – are inadequate. Rhees' remark that both humans and animals can be loved points towards a different (...) way of accounting for the moral considerability of humans and animals that avoid the problems of the capacity-based approaches. (shrink)

This paper stages an argument in five premises:1. That the insight to which post-structuralist ethics responds—which is that there is an 'unmistakableparticularity of concrete persons or social groups'—leads theorists who base their moral theory upon itinto a problematic parallel to that charted by Kant in his analysis of the sublime.2. That Kant's analysis of the sublime divides its experience into what I call two 'moments', the secondof which involves a reflexive move which the post-structuralists are unwilling to sanction in theontological (...) and/or ethical realm, even if they are performatively committed to doing it.3. That, drawing on the parallel established in 1, it could be argued that the same reflexive move asKant describes in the second 'moment' of the sublime is also at the heart of our moral experience,wherein we are faced by the Otherness of concrete Others. This amounts to the argument that askingOthers to follow an impersonal or 'dumb' law which fails to do justice to their noumenal Otherness is atthe same time the only possible way to respect this Otherness.4. That what game theory shows us is that, at thelimits of our ability to calculatively predict the conduct of other subjects, the only 'rational' thing to dois precisely to presume the pre-existence of impersonal social norms regulating our own conduct andthat of others.5. That, accordingly, to borrow a formulation from Slavoj Zizek, respect for theOther is always respect for their ‘castration’—that is, respect for their capacity to follow norms that do not directly do justice to their concrete particularity but which, in this very 'dumbness', let this Otherness indirectly show itself.In the conclusion, I reflect on what this argument does, and upon its limits—that is, what it does not. (shrink)