This paper offers a critical reconsideration of the traditional doctrine that responsibility for a crime requires a voluntary act. I defend three general propositions: first, that orthodox Anglo-American criminal theory fails to explain adequately why criminal responsibility requires an act. Second, when it comes to the just definition of crimes, the act requirement is at best a rough generalization rather than a substantive limiting principle. Third, that the intuition underlying the so-called “act requirement” is better explained by what I call (...) the “practical-agency condition,” according to which punishment in a specific instance is unjust unless the crime charged was caused or constituted by the agent's conduct qua practically rational agent. The practical-agency condition is defended as a reconstruction of what is worth retaining in Anglo-American criminal law's traditional notion of an “act requirement.”. (shrink)

Freely falling point-like objects converge toward the center of the Earth. Hence the gravitational field of the Earth is inhomogeneous, and possesses a tidal component. The free fall of an extended quantum mechanical object such as a hydrogen atom prepared in a high principal-quantum-number state, i.e. a circular Rydberg atom, is predicted to fall more slowly than a classical point-like object, when both objects are dropped from the same height above the Earth’s surface. This indicates that, apart from transitions between (...) quantum states, the atom exhibits a kind of quantum mechanical incompressibility during free fall in inhomogeneous, tidal gravitational fields like those of the Earth.A superconducting ring-like system with a persistent current circulating around it behaves like the circular Rydberg atom during free fall. Like the electronic wavefunction of the freely falling atom, the Cooper-pair wavefunction is quantum mechanically incompressible. The ions in the lattice of the superconductor, however, are not incompressible, since they do not possess a globally coherent quantum phase. The resulting difference during free fall in the response of the nonlocalizable Cooper pairs of electrons and the localizable ions to inhomogeneous gravitational fields is predicted to lead to a charge separation effect, which in turn leads to a large Coulomb force that opposes the convergence caused by the tidal gravitational force on the superconducting system.A “Cavendish-like” experiment is proposed for observing the charge separation effect induced by inhomogeneous gravitational fields in a superconducting circuit. The charge separation effect is determined to be limited by a pair-breaking process that occurs when low frequency gravitational perturbations are present. (shrink)

Criminal law as public law -- Criminal law as public law -- Criminal law as public law -- Mass incarceration and the theory of punishment -- Reasons to criminalize -- Formalism and pragmatism in criminal procedure -- Responsibility without resentment.

Henrich et al. provide a compelling argument about a bias in the behavioral sciences to study human behavior primarily in WEIRD populations. Here we argue that brain scientists are susceptible to similar biases, sampling primarily from WEIRD populations; and we discuss recent evidence from cultural neuroscience demonstrating the importance and viability of investigating culture across multiple levels of analysis.

In this paper, I defend a deflationary account of proportionality, which suggests that proportionality does not explain anything valuable about a system of punishment. Proportionality, rather, is a conventional means for presenting judgments about whether punishment fits the crime. A system of punishment is proportionate to the degree that it coheres with widely shared norms about punishment. There are many reasons such coherence could be valuable, not all of which are retributive. Hence, while on a deflationary view it may be (...) important for a system of punishment to be proportionate, proportionality does not identify a uniquely important retributive value. I motivate the argument for a deflationary account of proportionality by canvassing some of the problems associated with both relative and absolute proportionality and examining how both legal theorists and courts have actually used the concept. I focus on the work of Doug Husak, and the jurisprudence of the Supreme Court of Canada. (shrink)

Classical theories of emotion have long debated the extent to which human emotion is a universal or culturally constructed experience. Recent advances in emotion research in cultural neuroscience highlight several aspects of emotional generation and experience that are both phylogenetically conserved as well as constructed within human cultural contexts. This review highlights theories and methods from cultural neuroscience that examine how cultural and biological processes shape emotional generation, experience, and regulation across multiple time scales. Recent advances in the neurobiological basis (...) of culture-bound syndromes, such as Hwa-Byung (fire illness), provide further novel insights into emotion and mental health across cultures. Implications for emotion research in cultural neuroscience for population health disparities in psychopathology and global mental health will be discussed. (shrink)

漢朝是一個偉大的王朝，奠定了兩千年帝制的基礎，學問、思想發育全面。與之相較，唐朝給人們的錯覺更多。實際上，我們應該檢討，太宗朝與整個唐朝，這是兩個概念。我們不能因為太宗朝的光輝，而就以為整個唐朝如何優 良。事實是，唐王朝二百年的內亂，已使它躋身於中國歷史中最壞的王朝之列，這就是殘酷的現實。本書講述自漢迄唐的思想學說，而以儒家、經學為重心為您剖析。【秀威資訊科技股份有限公司製作】.

Name der Zeitschrift: Semiotica Jahrgang: 2016 Heft: 210 Seiten: 129-149.

Marxist Philosophy in China is an important task is to use the basic theory of Marxist philosophy, viewpoint and method to sort, extract of traditional Chinese culture, philosophy. And the "legitimacy of Chinese philosophy," the discussion, while filling the job of "legitimacy" has also been a certain degree of skepticism. Including how to look at the cultural characteristics of Chinese philosophy, Western academic norms on how to look at the impact of Chinese philosophy and how to look at the transformation (...) of traditional Chinese philosophy, it is clear from the theoretical work to clarify the legality of the key. The main task of sinicizing Marxist philosophy is how to abstract philosophical thoughts from traditional Chinese culture with the guide of basic Marxist theories, viewpoints and methods. However, the validity problem of Chinese philosophy in a degree makes the validity of this project become a problem as well. How to understand the cultural identity of Chinese philosophy? How to evaluate the impact Western academic discourses left on Chinese philosophy? And how to judge the transformation of Chinese philosophy? We hold that theoretically, these three questions are the key points for the validity illumination of the project mentioned above. (shrink)

In this research we apply the Theory of Planned Behavior (TPB) to study decisions related to information privacy protection. A TPB-based model was proposed to investigate whether organization-based self-esteem and perceived deindividuation can be employed to measure the strength of the perceived behavioral control construct. In addition, we examined if the addition of a causal path linking subjective norms to attitudes and another causal path linking organization-based self-esteem to subjective norms enhanced our research model's predicting power. Our study shows that (...) information systems (IS) professionals' intentions to protect personal information privacy are influenced by their attitudes, subjective norms, perceived deindividuation, and organization-based self-esteem. It further shows that attitudes are influenced by subjective norms, which, in turn, are influenced by organization-based self-esteem. (shrink)

When confronted with the question of why it is appropriate to morally blame a person for some bad action, it may seem plausible to reply that she is morally responsible for it. Some authors, inspired by Peter Strawson's "Freedom and Resentment," argue, however, that thinking this way is backwards. They believe that a person is morally responsible for some bad action because it would be appropriate to blame her for it. The aims of this paper are to present this account, (...) to highlight some of its important but often overlooked features, and to defend it against pressing objections. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Response to Leonard Tan and Mengchen Lu, “‘I Wish to Be Wordless’: Philosophizing Through the Chinese Guqin.”Chiao-Wei Liu“I wish to be wordless” connects Chinese philosophical thinking to music education at large. Through discussions of values associated with the Chinese instrument guqin, Leonard Tan and Mengchen Lu exemplified “how music serves as ‘Truth tool’ in the Chinese philosophical tradition.” Specifically, the authors explored four ideas: “Search for Truth” (求真), (...) “Search for Harmony” (求和), “Search for Ethical Awakening” (求覺), and “Search for Sagehood” (求聖). These ideas embody insights from three major Chinese philosophical traditions: Confucianism, Daoism, and Buddhism. Time prevents me from exploring the complex issues related to the interpretation and translation of classical Chinese texts, but I will attempt to focus on some of the authors’ arguments and how they relate to the practice of music learning and teaching in the classroom.1Quoting Confucius in their article title, Tan and Lu called attention to the suspicion of language found in the conversation between Confucius and his disciple. Extending the argument, the authors referred to Daoist philosophers and argued that although language can transmit wisdom, words remain limited in their ability to capture “the grand unity of the whole” and thus can “detract us [End Page 199] away from Truth.” Tan and Lu suggested that music, unlike language, serves as a truth “tool” and allows one to arrive at the Dao (Truth). Truth is conceived as a way of understanding the world, “a universal order, a new world perspective....” I agree with the authors about the limitations of language in capturing the complexity of human experiences, yet I am perplexed at how Truth is interpreted throughout the article.For example, in their discussion of “Search for Truth,” Tan and Lu related the art of playing the guqin to the Buddhist notion of mingxin jianxing (明心見性), clearing the heart-mind, seeing the inner-self, and locating Truth within the guqin player. Truth here is framed as good moral qualities residing within one’s innermost self (xing 性). Based on Li Zhi’s argument, Tan and Lu stated that “since a guqin player is all about her heart-mind and one’s music is all about the musician, music is the heart-mind of the musician.” Assuming that the heart-mind of the guqin player and the music are one, Tan and Lu suggested that when music and the musician’s innermost self are in sync, the musician may be able to attain spiritual Enlightenment. The example of Chopin’s Nocturne Op. 9, no. 1 helps readers learn that Truth does not reside within the performer or the music, but is located in the space where the two are in sync: “An ‘authentic’ performance of Chopin is one that is not only ‘true’ to Chopin and the stylistic conventions of his times, but also ‘true’ to the performer’s innermost being.”While Tan and Lu’s argument places Truth in both music and the innermost self (xing) of the performers, herein lies an assumption that qualities aligned with the music are ethically good, whereas those that differ are not. The search for Truth is thus a task of refusing any potential influence by “unethical thoughts” in order to stay true to the music. Recognizing the existing norms guiding various music traditions, I wonder how ethical and unethical thoughts are understood in music classrooms. As a music teacher, if unethical thoughts are interpreted as materials and expressions that are different or irrelevant to the music work, how do music teachers make sense of students’ feelings—whether they are the longing for a sense of belonging in the school ensemble or the desire to excel in certain aspects of school life? Are these feelings or desires “unethical” because they are separate from the musical work? If all acts dedicated to the faithful representation of the music work are considered ethical, how about the different needs of different students?Furthermore, in describing “Search for Ethical Awakening,” Tan and Lu stated that music written for the guqin is often associated with moral stories. Learning about the stories associated with music would be mandatory for performers to be morally and spiritually attuned to the composer. While I agree with the authors... (shrink)

The aim of this paper is to explore the role of ethical climate on the relationship between the paternalistic leadership and team identification at the team level. In contrast to the prior studies which tended to focus on ethical climate as a whole dimension, this paper further classified the domain of construct into the categories of egoism, benevolence, and principle using a sample from 143 teams in Mainland China and Taiwan. Hierarchical regression results showed that the average paternalistic leadership had (...) a significant impact on the team identification at the team level. Moreover, the results indicated that the ethical climate of benevolence fully mediated while the ethical climate of egoism partially mediated the relationship between authoritarian leadership and team identification. Also, the ethical climates of benevolence and principle had a partial mediating effect on the relationship between benevolent leadership and team identification as well as moral leadership and team identification, respectively, but the ethical climate of egoism did not play a significant role. The major findings, theoretical contributions, practical implications, and the limitations were discussed. (shrink)

This paper shows how the method of cohesion analysis in film provides a strong foundation for constructing coherent filmic narrative across different spatial and temporal settings. Until now the unit of a fine-grained systematic analysis of film viewers' narrative comprehension has been anchored in the shot. This paper provides a semiotic descriptive tool of filmic cohesion for analyzing elements within and across shots, i.e., how viewers comprehend the presenting and tracking of dominant narrative elements such as characters, objects, and settings (...) as a film unfolds. In addition, this paper also reviews the Neo-Formalist exploration of cinematic cohesion and then demonstrates how the semiotics-oriented method suggested here can support more systematically and even strengthen the Neo-Formalist account. Most importantly, this article will explicitly show the potential of this tool for providing empirical accounts of filmic narrative construction by analyzing scene transitions in Wong Kar Wai's film 2046 (2004). (shrink)

A basic principle in sentencing offenders is proportionality. However, proportionality judgments are often left to the discretion of the judge, raising familiar concerns of arbitrariness and bias. This paper considers the case for systematizing judgments of proportionality in sentencing by means of an algorithm. The aim of such an algorithm would be to predict what a judge in that jurisdiction would regard as a proportionate sentence in a particular case. A predictive algorithm of this kind would not necessarily undermine justice (...) in individual cases, is consistent with a particularistic account of moral judgment, and is attractive even in the face of uncertainty as to the legitimate purposes of punishment. (shrink)

Philip Pettit’s conception of freedom as nondomination is modally robust in that it requires not simply reducing the probability of uncontrolled interference by others but entirely eliminating that possibility. In this article, I consider whether freedom as nondomination provides an attractive analysis of official discretion, particularly in the context of the criminal law, an area of recurring interest for Pettit. I argue that not only does the modally robust character of freedom as nondomination have some rather unattractive implications in the (...) criminal law, but that it sits poorly with Pettit’s more general ambitions to provide a consequentialist framework for the evaluation of social institutions. Drawing on recent work by Niko Kolodny, I develop an ‘anti-deference’ interpretation of nondomination and contrast it to Pettit’s modally robust conception. (shrink)

本书内容包括:科技时代面对崭新的道德难题,科技伦理新建构的底线,科技共同体内的伦理问题,科技社会中人际伦理问题,科技时代文化人际伦理问题,科技背景下人与自然间伦理问题,科技发展中迫切的道德抉择课题(案 例分析).

At first sight, moral blame is an unpleasant thing. No one likes being blamed and few people like experiencing the negative emotions associated with blaming others. Therefore, some suggest a radical reform of our everyday moral life: We should replace our tendency to blame wrongdoers with a tendency to criticize them in a less harmful and more productive way. The blameless fight for the good by Martin Luther King Jr. and Mahatma Gandhi may exemplify this alternative. Many philosophers, however, think (...) that such a reform would be bad. In this discussion note, I will focus on R. Jay Wallace’s claim that our tendency to blame wrongdoers stands in relation to some important good such that we would necessarily lose this good if we stopped blaming each other. He argues that blaming wrongdoers expresses one’s commitment to morality in a special way and that no other response could serve this function. I will show that there are forms of moral sadness in our psychological repertoire that differ from blame but have the same expressive dimension that blame is supposed to have. Thus, I will suggest that the question of whether we should try to get rid of our tendency to blame is still open. (shrink)

Even though the idea that privacy is some kind of control is often presented as the standard view on privacy, there are powerful objections against it. The aim of this paper is to defend the control account of privacy against some particularly pressing challenges by proposing a new way to understand the relevant kind of control. The main thesis is that privacy should be analyzed in terms of source control, a notion that is adopted from discussions about moral responsibility.

Katherine Beckett’s new book, Ending Mass Incarceration (EMI), is ambitious and wide-ranging. Beckett tackles one of the most urgent human rights problems of the last fifty years, namely the massiv...

Using Reidenbach and Robin’s Multidimensional Ethics Scale, this study designs three scenarios related to academic dishonesty dilemmas to explore students’ moral philosophies, behavioral intentions, and ethical judgments and further examines whether students with different individual factors have differences in the above variables. A total of 605 students from two areas, Taiwan and Mainland China, participated in this study. The results indicated that Taiwanese students had stricter moral equity, relativism, and contractualism philosophies in the duplicate submission scenario than Mainland China students. (...) They also had stricter moral equity and relativism philosophies in the incomplete citation scenario. Similarly, relatively harsh relativism and contractualism philosophies accompanied by a low level of willingness to be a perpetrator in the failure to cite research published in other countries scenario were found. In addition, females applied relatively harsh moral equity and utilitarianism to all scenarios, reporting that they and their peers were less likely to engage in all AD activities. Graduates had a stricter egoism attitude toward duplicate submission and had stricter moral equity, relativism, and contractualism philosophies toward the behavior of incomplete citation. Graduate students also had strict moral equity, relativism, egoism, and contractualism beliefs in the failure to cite the foreign research scenario. Finally, regression analysis showed that moral equity, contractualism, and self-behavioral intention are significant predictors of students’ ethical evaluations in the three scenarios. (shrink)

Intelligent technology introduces both opportunities and challenges in the realm of employee ethics. While intelligent technology is widely believed to combat employee unethical behavior by enhancing transparency and reducing discretionary decisions, it may also inadvertently promote unethical conduct by triggering awareness of job substitution (i.e., intelligent technology awareness [ITA]). This study investigates how ITA affects accountants’ unethical decision-making (i.e., UDM). Drawing on the cognitive appraisal theory of stress and self-regulation theory, we theorize a double-edged sword impact of ITA on UDM. (...) Our results suggested that ITA could be appraised either as a challenge, leading to a reduction in self-regulation depletion and subsequent UDM, or as a threat, resulting in an increase in self-regulation depletion and subsequent UDM. Further, we found that organizational support for development attenuated the relationship between ITA and threat appraisal. However, the link was more pronounced when individual adaptability was high. This study offers vital insights for managing employee unethical behavior amid an evolving trend of intelligent technology-induced job replacement. (shrink)

In the last two decades, blame has become a core topic in ethics, philosophical moral psychology and, more recently, epistemology. This chapter aims at clarifying the complex state of the debate and at making a suggestion for how we should proceed from here. The core idea is that accounts of blame are often motivated by very different background goals. One standard goal is to provide a unifying account of our everyday blame practices. The chapter argues that there is reason to (...) think that this goal is not achievable. Another goal is to provide the tools for solving or clarifying important social or philosophical problems. The chapter suggests that this is what theories of blame should focus on. (shrink)

While many philosophers of law spend their careers exploring the warrens of a single neighbourhood within the sprawling cities of the philosophy of law, Larry Alexander has rambled widely, exploring obscure alleyways and dense downtowns, making significant and influential contributions along the way. The volume under review, a Festschrift in his honour, draws from a correspondingly wide range of areas of scholarship, from the philosophy of criminal law and punishment to constitutional law, from analytic jurisprudence to moral philosophy. Thus, given (...) the breadth and depth of Alexander’s influence, this volume provides a partial snapshot of some of the major preoccupations of American legal theory over the last few decades. In light of the breadth of topics considered, as well as its substantial length—the book includes twenty‐two papers, an introduction by Heidi Hurd, the editor, and a substantial reply by Alexander—my discussion is selective and evocative, rather than comprehensive and detailed. All the more so, as many of the papers are important contributions in their own right that merit close scrutiny. (shrink)

Business Ethics, the Environment &Responsibility, EarlyView.

本书以法理学的方法为工具,整合当前我国已有研究成果,比较深入系统地研究了法律控制权的历史地位、重大意义、战略路径和主要机制。.

Introduction -- The application of functional linguistics to film -- Cohesion in film -- Analysing action patterns in film -- Conclusion.

I defend a new conception of the particular-universal distinction based on considerations about what David Lewis calls ‘amphibians’. I argue, first, that given the possibility of amphibians, two recently popular conceptions of the particular-universal distinction, namely the repeatability conception and the duplicability conception, are both objectionable since they are biased in one way or another. I then propose a more flexible conception that solves this problem by regarding amphibians as belonging to a sui generis sort of property distinct from what (...) I call ‘strong universals’ and ‘strong tropes’. Finally, I respond to some objections directed at this new account. (shrink)

The United States Supreme Court has repeatedly insisted that what distinguishes a criminal punishment from a civil penalty is the presence of a punitive legislative intent. Legislative intent has this role, in part, because court and commentators alike conceive of the criminal law as the body of law that administers punishment; and punishment, in turn, is conceived of in intention-sensitive terms. I argue that this understanding of the distinction between civil penalties and criminal punishments depends on a highly controversial proposition (...) in moral theory – namely, that an agent’s intentions bear directly on what it is permissible for that agent to do, a view most closely associated with the doctrine of double effect. Therefore, legal theorists who are skeptical of granting intention this kind of significance owe us an alternative account of the distinctiveness of the criminal law. I sketch the broad outlines of just such an alternative account – one that focuses on the objective impact of legislation on a class of protected interests, regardless of the state’s motivations in enacting the legislation. In other words, even if the concept of punishment is unavoidably intention-sensitive, it does not follow that the boundaries of the criminal law are likewise intention-sensitive, because the boundaries of the criminal law may be drawn without reference to the concept of punishment. I conclude by illustrating the application of this view to a pair of well-known cases, and noting some of its ramifications. (shrink)

Blame skeptics argue that we have strong reason to revise our blame practices because humans do not fulfill all the conditions for it being appropriate to blame them. This paper presents a new challenge for this view. Many have objected that blame plays valuable roles such that we have strong reason to hold on to our blame practices. Skeptics typically reply that non-blaming responses to objectionable conduct, like forms of disappointment, can serve the positive functions of blame. The new challenge (...) is that skeptics need to show that it can be appropriate (or less inappropriate) to respond with this kind of disappointment to people’s conduct if it is inappropriate to respond with blame. The paper argues that current blame-skeptical views fail to meet this challenge. (shrink)

Power is often taken to be a central concept in social and political thought that can contribute to the explanation of many different social phenomena. This article argues that in order to play this role, a general theory of power is required to identify a stable causal capacity, one that does not depend on idiosyncratic social conditions and can thus exert its characteristic influence in a wide range of cases. It considers three promising strategies for such a theory, which ground (...) power in (1) the ability to use force, (2) access to resources, or (3) collective acceptance. It shows that these strategies fail to identify a stable causal capacity. The lack of an adequate general theory of power suggests that the concept lacks the necessary unity to play the broad explanatory role it is often accorded. (shrink)

An influential strain in the literature on state punishment analyzes the permissibility of punishment in exclusively deontological terms, whether in terms of an individual’s rights, the state’s obligation to vindicate the law, or both. I argue that we should reject a deontological theory of punishment because it cannot explain what is unjust about mass incarceration, although mass incarceration is widely considered—including by proponents of deontological theories—to be unjust. The failure of deontological theories suggests a minimum criterion of adequacy for a (...) theory of punishment: it must take aggregation sufficiently seriously that it returns plausible results when scaled up from individual cases to large public institutions. In this vein, I briefly sketch a prioritarian metric for evaluating the use of custodial sanctions as a means of creating and allocating social advantage. (shrink)

The traditional distinction between retributive and distributive justice misconstrues the place of the criminal law in modern regulatory states. In the context of the regulatory state, the criminal law is a coercive rule-enforcing institution – regardless of whether it also serves the ends of retributive justice. As a rule-enforcing institution, the criminal law is deeply implicated in stabilizing the institutions and legal rules by means of which a state creates and allocates social advantage. As a coercive institution, the criminal law (...) requires justification as an instance of legitimate state authority. The operation of criminal justice institutions should therefore not be evaluated by reference to a distinct set of criteria, but should be evaluated by the same criteria that apply to coercive public institutions generally. (shrink)

Recent evidence from the social neuroscience of empathy suggests that there is core neural circuitry underlying empathy in humans, and important roles for top—down and bottom—up processes in the production and regulation of empathic experience. Less well understood is how cultural and genetic forces give rise to empathy and prosocial behavior within and across groups. Here I argue that culture-gene coevolutionary theory may play an important role in understanding how and when empathy is experienced, and that future research in cultural (...) neuroscience is needed to understand how cultural and genetic factors shape empathic neural response. (shrink)

This essay considers the way Georges Bataille associates sovereignty with ecstasy through his peculiar emotive reactions to the photographic images of lingchi execution. Aside from the traditional views relating to political authority, I show how Bataille holds an idiosyncratic notion of sovereignty that is firmly connected with ecstasy, which is disclosed and best exemplified in his fascination with the lingchi photos with intolerable imagery of torture and cruelty. I argue that the reasons for Bataille to seek ecstatic experience is to (...) overcome banality and servility derived from the instrumentalization of our culture, so as to allow sovereignty to come into being. Although cruelty is a persistent theme in Bataille’s writings, I point out that what makes the lingchi photos pivotal for him is that it is the mirror of somatic disintegration, extreme physical violence and cruelty that corresponds to the rupture of psychological integrity as the state of ecstatic loss of self in a metaphysical sense, reflecting thus the non-boundary of uncontained sovereign individual. Furthermore, in the experience of ecstatic self-loss, an empathic identity is built up between Bataille and the victim of the lingchi execution, which not only allows the conception of ecstatic sovereignty to be endowed with ethical implication but also makes it an alternative approach to the issue of intercultural communication. (shrink)