是東漢哲學家、思想家桓譚的主要論着，但早己亡佚。今存之輯本有《指海》內佚名氏輯本、清孫馮翼輯本、清嚴可均輯本、黃以周輯本，及近人朱謙之輯本，但均有不足。有鑒於此，吳則虞先生於1962年着有新輯本，收錄 二百餘條，以類相從，分為八卷，並添加附編，匯涵桓譚佚文、存疑、訂訛之文；記載桓譚事跡、著述、評論之文。 桓譚，后漢時人，官至給事中。博學多識，破讖緯迷妄，去虛妄偽飾，先於王充、張衡，具有唯物啟蒙學者之學識，是漢時哲學思想家。《新諭》是桓譚主要論着，但早已亡佚。據歷史記載，明有二卷本，清有孫之騌輯本，皆不 傳。另有《指海》內佚名氏輯本、清孫馮翼輯本、清嚴可均輯本、黃以周輯本及近人朱謙之輯本。從今日的學術、校勘、編排諸方面來看，諸本均有不足：或短椾零篇，漫無倫紀；或望文歸屬，強系篇名；或條目重復，內容雜陳 迭見；或引用刻本，多有遺漏；或雖沿用十七卷篇目之名稱，但其條目已不能再顯現原書各篇的思想內容。有鑒於此，吳則虞先生於一九六二年着有新輯本，收錄二百余條，以類相從，分為八卷，並添加附編，匯涵桓譚佚文、存 疑、訂訛之文；記載桓譚事跡、著述、評論之文；最后殿以輯校引用書目及版本之詳目，以便於讀者查閱與研究。此書成為目前桓譚《新論》集大成之著作。.

What is social entrepreneurship? In, particular, what’s so social about it? Understanding what social entrepreneurship is enables researchers to study the phenomenon and policy-makers to design measures to encourage it. However, such an understanding is lacking partly because there is no universally accepted definition of entrepreneurship as yet. In this paper, we suggest a definition of social entrepreneurship that intuitively accords with what is generally accepted as entrepreneurship and that captures the way in which entrepreneurship may be altruistic. Based on (...) this we provide a taxonomy of social entrepreneurship and identify a number of real cases from Asia illustrating the different forms it could take. (shrink)

This paper explores the ethical and conceptual implications of the findings from an empirical study (reported elsewhere) of decision-making capacity in anorexia nervosa. In the study, ten female patients aged thirteen to twenty-one years with a diagnosis of anorexia nervosa, and eight sets of parents, took part in semistructured interviews. The purpose of the interviews was to identify aspects of thinking that might be relevant to the issue of competence to refuse treatment. All the patient-participants were also tested using the (...) MacArthur Competence Assessment Tool—Treatment test of competence. This is a formalized, structured, interviewer-administered test of competence, which is a widely accepted clinical tool for determining capacity. The young women also completed five brief, self-administered questionnaires to assess their levels of psychopathology. The issues identified from the interviews are described under two headings: difficulties with thought processing and changes in values. The results suggest that competence to refuse treatment may be compromised in people with anorexia nervosa in ways that are not captured by traditional legal approaches. (shrink)

It is often remarked that East Asian polities have been hierarchical and the “elite” category continues to figure prominently in works on Chinese society and politics. Many scholars believe that hierarchy and elitism are deeply rooted in Confucianism, which served as the state orthodoxy in imperial China and provided the “psycho-cultural construct” of the way of life in other East Asian cultural communities as well. It is therefore not surprising that some should believe that if modern Confucian societies are to (...) be democratic at all, elitism must be reconciled with democracy. In contrast, elitism is commonly a pejorative term in liberal democracies today, especially the United States, notwithstanding the portrayal of these polities by political scientists as cases of “democratic elitism.”. (shrink)

In this study, we aim to investigate how multinational corporations (MNCs) balance ethical pressures from both the home and host countries. Drawing on theories from institutional theory, international business, and business ethics, we build a theoretical framework to explain the ethical behavior of MNCs. We apply the institutional logic concept to examine how MNCs with established logics and principles that have grown in the home country respond to local ethical expectations in the host country. We differentiate the core values from (...) the peripheral components of a MNCs institutional logic and propose that a MNC will pursue distinctive ethical strategies under different scenarios and choose the "right" configuration of core values and peripheral components that align with institutional environment in host countries. (shrink)

Better known in his own times than later, Huan T'an (43 BCE-25 CE) was a scholar-official, independent in his thought and unafraid to criticize orthodox currents of his time. A practitioner of the Old Text exegesis of the Classics, he maintained a position on the court during a turbulent time of political crises, uprisings, and civil war, spanning the reigns of four emperors. His principal work, Hsin-lun, differs from other books on political criticism in that it does not deal primarily (...) with history but takes many examples from contemporary social and political life. While belonging to the Old Text group of court officials and scholars, Huan T'an differed radically from them in his stress on direct knowledge, in his range of practical experience, and in his outspoken criticism of popular opinions. He was not a systematic philosopher, but his ideas were influential in the return to a more worldly conception of Confucianism. To translate Huan T'an's writings, one must reconstruct the texts. Timoteus Pokora uses two nineteenth-century fragments as a basis around which to orient quotations from Hsin-lun from sixty-four other sources, primarily encyclopedias and commentaries. Pokora provides notes to give context to these short references and to account for discrepancies between quotations and originals, and he includes a large index to add coherence and points of entry. (shrink)

Differences in guidance from various organisations is preventing uniform standards of practiceThe emphasis in medical law and ethics on protecting the patient’s right to choose is at an all time high. Apart from circumscribed situations, for instance where the Mental Health Act 19831 is applicable, the only justification for medically treating an adult patient against his or her wishes is on the basis of common law, using the principle of best interests, and only when he or she lacks capacity to (...) refuse treatment. As a result, it is important that clinicians should be able to assess capacity to refuse treatment. Given that judgements of incapacity involve deciding that a person does not have the ability to refuse treatment, a great deal of care needs to go into the assessment and characterisation of incapacity.There is divergence between the characterisation of capacity that is used by the courts and that which is recommended by the British Medical Association . The BMA usefully expands on the first element of capacity as set out in the standard legal definition of capacity in the Re C judgment2 but ignores the other two elements. By doing this, the BMA makes it unclear whether it is rejecting these as relevant to capacity; it also misses the opportunity to expand on these elements in a clinically useful way.We will begin with a description of the BMA’s advice3 and the standard English legal definition of capacity.2,4 Then we will show that there are important discrepancies between these two sources of advice. We think that the BMA ought to clarify its position on capacity in order to safeguard the interests of physicians, healthcare workers, and patients.THE RE C TESTMr C was a patient in a psychiatric secure hospital who had chronic paranoid schizophrenia with …. (shrink)

Artificial intelligence is not only disrupting industries and businesses, particularly the ones have fallen behind the adoption, but also significantly impacting public life as well. This calls for government authorities pay attention to public opinions and sentiments towards AI. Nonetheless, there is limited knowledge on what the drivers behind the public perception of AI are. Bridging this gap is the rationale of this paper. As the methodological approach, the study conducts an online public perception survey with the residents of Sydney, (...) Melbourne, and Brisbane, and explores the collected survey data through statistical analysis. The analysis reveals that: the public is concerned of AI invading their privacy, but not much concerned of AI becoming more intelligent than humans; the public trusts AI in their lifestyle, but the trust is lower for companies and government deploying AI; the public appreciates the benefits of AI in urban services and disaster management; depending on the local context, public perceptions vary; and the drivers behind the public perception include gender, age, AI knowledge, and AI experience. The findings inform authorities in developing policies to minimise public concerns and maximise AI awareness. (shrink)

Highly sophisticated capabilities of artificial intelligence (AI) have skyrocketed its popularity across many industry sectors globally. The public sector is one of these. Many cities around the world are trying to position themselves as leaders of urban innovation through the development and deployment of AI systems. Likewise, increasing numbers of local government agencies are attempting to utilise AI technologies in their operations to deliver policy and generate efficiencies in highly uncertain and complex urban environments. While the popularity of AI is (...) on the rise in urban policy circles, there is limited understanding and lack of empirical studies on the city manager perceptions concerning urban AI systems. Bridging this gap is the rationale of this study. The methodological approach adopted in this study is twofold. First, the study collects data through semi-structured interviews with city managers from Australia and the US. Then, the study analyses the data using the summative content analysis technique with two data analysis software. The analysis identifies the following themes and generates insights into local government services: AI adoption areas, cautionary areas, challenges, effects, impacts, knowledge basis, plans, preparedness, roadblocks, technologies, deployment timeframes, and usefulness. The study findings inform city managers in their efforts to deploy AI in their local government operations, and offer directions for prospective research. (shrink)

Since the official history-writing is a defining aspect for the formation and consolidation of nation-states, it is crucial to explore the attempts to legitimize particular discourses regarding historical atrocities. The selective representations of the past, in this regard, contradict counter-memories and propagate hegemonic patterns of remembrance and/or forgetting of past crimes. This article accordingly addresses how the representations of counter-memories as threats to national security and the silencing of gender-specific experiences and remembrances by sanctioned historical narratives become manifest in the (...) history-making of the Turkish nation-state. By focusing on the Holocaust and the Armenian Genocide as two cases of crimes against humanity, it is intended to discuss the shifting positions and roles that the Turkish state adopts in the remembering and forgetting of historical offences. The article argues that through prioritizing national security and national interests, the securitization of memory reconstructs collective traumas of distinct ethnic and religious groups on the basis of a nation-state’s perceived internal and external threats. It also claims that the competing voices of women and their distinct experiences and patterns of remembrance and forgetting past atrocities are suppressed for the sake of the preservation of national security. By incorporating the issue of gender into the debate on the securitization of memory, this article elucidates the mismatch between positions of femininity and masculinity within the official national historiography of the Turkish state. (shrink)

With the expansion of multinational corporations (MNCs), the alarming upsurge in widely publicized and notable corporate scandals involving MNCs in emerging markets has begun to draw both academic and managerial attention to look beyond home market practices to the pressing concern of CSR in emerging markets. Previous studies on CSR have focused primarily on Western markets, reserving limited discussions in addressing the issue of MNC attitudes and CSR practices in their emerging host markets abroad. Despite this incongruity in academic response (...) to CSR in emerging markets, managers of multinational companies continue to face mounting and most often conflicting pressures to weigh among multiple strategic CSR responses in emerging markets. Such a task is often further complicated by the complexity of varying business norms and standards, regulatory environments, and stakeholder demands for CSR across national boundaries. With such a challenge in mind, I attempt to examine the explanatory factors in leading MNCs, otherwise recognized for accountability and integrity in their home markets, to employ inconsistent or negligent practices under CSR pressure in Chinese emerging economy. Preliminary findings reveal that discrepancies exist in how MNCs perform in CSR in home countries versus in host countries. While MNCs do have much to improve, the institutional environment in the emerging market, including the legal framework and the ethical culture, also needs to be improved by the host country governments, the industry associations, and local firms. Meanwhile, media interest and journalists, NGOs, third party monitors, industry stakeholders as well as consumer advocacy groups can raise the visibility of MNC's contradictory practices between their origin nations and countries with emerging economies and offer the pressures and incentives for MNCs to amend their ethical short-comings. This article also suggests implications for both theory and practice. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Studying Penguins to Understand BirdsJacinta O. A. Tan (bio), Anne Stewart (bio), Ray Fitzpatrick (bio), and Tony Hope (bio)Keywordsanorexia nervosa, treatment decision-making, competence, valuesWe are grateful to Grisso, Appelbaum, Charland, and Vollmann for their thoughtful commentaries on our paper. We would like to respond by picking up on some of the points they make, although we do not address all the issues raised.Our general aims in the paper are (...) less immediately pragmatic than are the central concerns of Grisso and Appelbaum. Our interest is primarily in a number of ethical, and related conceptual, issues that arise from empirical data. In the long run, of course, we believe that these ethical and conceptual issues are important to the care of people with mental disorders, but our focus is philosophical.Our central interest is what justifies overriding treatment refusal. We are unhappy with a "status" approach according to which, for example, the mere fact that a person suffers a mental disorder provides grounds for overriding her wishes. Such an approach, it seems to us, fails to identify reasons, and discriminates against those with mental disorder, a view shared by the Law Commission (The Law Commission 1995). We are, on the other hand, attracted by the approach that grounds any overriding of treatment refusal on lack of capacity (or competence) to make treatment decisions. The concept of capacity has been well developed through legal cases and conceptual analysis, not least by Grisso and Appelbaum themselves. We were struck, however, first through clinical experience, and subsequently from the pilot study reported in our paper, that many patients with anorexia nervosa who refuse treatment do not necessarily lack capacity, using the current criteria, and yet show features or give reasons that raise serious doubts as to whether it is right to respect their refusal of treatment.To avoid reliance on a "status" approach, the issue with which we are grappling is whether the concept of capacity (and therefore lack of capacity) can be developed to encompass some of our findings, and whether it is ethically right to do so. Charland makes the important point that the concept of competence, or capacity, has both a descriptive and a prescriptive component. It is for this reason that the question of whether, for example, we should extend the criteria for capacity is part of the question of when it is morally right to override treatment refusal.Grisso and Appelbaum suggest that our work advances "our thinking about appreciation, rather than requiring that we add new elements" (2006, 297). From our perspective, and at this stage, it is a secondary issue whether we are suggesting a development of appreciation, or a new element (e.g., "pathological values"). The primary issue for us is whether the reasons for refusal to which we draw attention provide grounds for overriding refusal, and if they do how they can be characterized in [End Page 299] such a way as to avoid the ever-present danger of simply overriding autonomy in a patient's best interests.We chose to study anorexia nervosa for various reasons, but we expect that the issues raised have a more general relevance (such as to substance abuse and impulse control disorders as Grisso and Appelbaum and Charland suggest). We do not expect the results to be relevant to all, or even most, mental disorders. Our main interest is not the specific management of people with anorexia, but how the data challenge, and help to develop, the concept of capacity, and the ethical analysis of overriding patient refusal of treatment. Our paper aims to address what we understand Charland to be referring to by the "pretheoretical desiderata" (2006, 283) of the concept of capacity. One reason why we chose anorexia as the focus of this work is because it is different from many mental disorders in the issues that it raises. In this it is, perhaps, rather like studying penguins to better understand the concept of bird just because penguins, although clearly birds, have unusual features.We agree, therefore, with Grisso and Appelbaum's caution that it would be unwise to jump in and change the MacCAT-T on the basis of the results... (shrink)

Journal of Philosophy of Education, EarlyView.

In this essay, I draw upon Ellen J. Langer’s notions of mindlessness and mindfulness to identify and delineate Confucius’ views on mindfulness. Langer’s theory exemplifies a social-cognitive approach to mindfulness which is a prominent orientation in the extant research. I argue that Confucius, like Langer, rejects mindlessness that is characterised by an over-reliance on automatic responses based on past knowledge and experiences. Furthermore, Confucius supports Langerian mindfulness by underlining the importance of a flexible mindset that is demonstrated through making novel (...) distinctions, appreciating new perspectives and being sensitive to the context. But Confucius’ formulation of mindfulness goes beyond Langer’s by advocating the setting of one’s heart-mind on learning and the application of virtues. A Confucian interpretation of mindfulness debunks an East-West dichotomy on mindfulness and illustrates the harmonisation of the cognitive, affective, moral and social dimensions of mindfulness. (shrink)

Whether the Pragmatic conception of democracy is applicable outside the United States of America is a question that had already been raised even during Dewey’s life time. His visit to China, in particular, has been seen as proof that “the Pragmatic method” for bringing about democracy is inherently flawed.3 However, even if it was a failed experiment, China’s past encounter with Dewey’s Pragmatism should not be seen as absolute proof that Chinese democracy can never be Pragmatic. When an experiment fails, (...) one examines what went wrong or did not turn out as expected, and uses the additional information to improve on the next experiment. This paper reconsiders the failed “Dewey experiment” together with China’s.. (shrink)

This essay argues two main points by analyzing Sengzhao’s contentions regarding several basic Buddhist concepts such as emptiness, being, and nonbeing. First, Sengzhao synthesizes Daoist methods of argumentation into his description of the middle path and other Buddhist concepts. Second, he revives Daoist concepts, giving them Buddhist meaning and expressing them in Buddhist terms. In the process, he consciously differentiates Madhyamika Buddhism from earlier Buddhism as understood from a Daoist perspective, such as the teachings of the School of Original Non-Being (...) and the School of No-Mind. However, because his understanding of the middle path is not sufficiently deep, he wavers between Buddhist and Daoist understandings of terms such as prajñā and nirvāṇa, rest and movement, and name and reality. Despite these inconsistencies, his discourse, as the first attempt to differentiate Madhyamika from Daoism, is still a milestone in the development of Chinese Buddhism and has exerted a far-reaching influence on later generations. (shrink)

Liberal nationalism is a boundary‐making project, and a feature of this boundary‐making enterprise is the belief that the compatriots have a certain priority over strangers. For this reason it is often thought that liberal nationalism cannot be compatible with the demands of global egalitarianism. In this essay, I examine the sense in which liberal nationalism privileges compatriots, and I argue that, properly understood, the idea of partiality for compatriots in the context of liberal nationalism is not at odds with global (...) equal concern for all persons. In particular, I argue that the three central goals and aspirations of liberal nationalism—promoting individual autonomy and cultural identity, the realization of deliberative democracy, and the aspiration for social justice within the state—do not entail or require a form of compatriot partiality that is inconsistent with the demands of global egalitarian justice. (shrink)

They will make some comments whenever we talk about the class line, but they deserve that! Speaking of class line, we are "people with vested interest.".

The following paper is concerned with the practice of holding contiones in the Late Republic and the political benefits that flowed from this form of assembly. It will be suggested that the surviving evidence is not adequately representative for a study of contional rhetoric, but that an analysis of the many “attested” rather than “extant” contiones will likely reveal important patterns of practice thanks to its wider sample. In testing the results of this theory, the first section will argue that (...) there was an important and marked imbalance between the exploitation of the contio by populares and by their opponents. In the second section it will be asserted that this was a logical result of the strong attendance of contiones by members of the urban plebs, and the third section will deal with the causes and effects of this phenomenon and the importance of differences between political activity in the senate and political activity in the assemblies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Response to Chiao-Wei Liu, "Response to Leonard Tan and Mengchen Lu, 'I Wish to be Wordless': Philosophizing through the Chinese Guqin," Philosophy of Music Education Review 26, no. 2 (Fall, 2018): 199–202Leonard Tan and Mengchen LuChiao-Wei Liu's response to our paper raised important issues regarding the translation and interpretation of Chinese philosophical texts, our construals of Truth and ethical awakening, differences between the various Chinese philosophical traditions, and the (...) importance of recognizing students' selves as music educators work with them through diverse musical traditions. In this paper, we respond to each of these issues in turn.Liu rightly pointed out that the translation and interpretation of classical Chinese texts is complex. To support her argument, she cited a phrase from the [End Page 210] Zhuangzi that was quoted in our paper ("The fish trap exists because of the fish; once you've gotten the fish, you can forget the trap") and noted that it has often been used "to attribute to one's ungrateful attitude after receiving help from others."1 Taken on its own as a standalone, this reading appears plausible. Our interpretation, however, takes into account the quote in its original context:荃者所以在魚，得魚而忘荃；The fish trap exists because of the fish; once you've gotten the fish you can forget the trap.蹄者所以在兔，得兔而忘蹄；The rabbit snare exists because of the rabbit; once you've gotten the rabbit, you can forget the snare.言者所以在意，得意而忘言。Words exist because of meaning; once you've gotten the meaning, you can forget the words.吾安得忘言之人而與之言哉？Where can I find someone who has forgotten words so I can talk with the person?"2In each of the first three phrases, there are six characters followed by five. This pattern indicates that the first three phrases should be read as a whole rather than independently, which then lead to the final phrase–the playful climax which reveals that Zhuangzi's purpose here is to discuss language. The fish trap and rabbit snares are metaphors for words, while the fish and the rabbit are metaphors for meaning. Each of the first three phrases convey the same idea that if we get overly hung up on the means (that is, the fish trap, the rabbit snare, and words), we will never get to the Dao. Taken as a whole, the passage conveys the idea of words being mere means to the Dao, rather than the Dao itself, which supports the central theme of our paper: Philosophizing without words. Indeed, as Liu noted, the translation and interpretation of Chinese philosophical texts is a complex one, to which we add the importance of context.In our paper, we drew on the Buddhist notion of mingxin jianxing (明心見性) to explain how a guqin player quietly and meditatively clears her heart-mind before playing the instrument so that she can search for Truth within and discover her innermost self. Extending and adapting our ideas for contemporary music education, we proposed that music education is not just an outward journey to learn about composers, but also an inward one to learn about the self. Liu's construal of our work as claiming that "Truth does not reside within the [End Page 211] performer or the music, but is located in the space where the two are in sync" and also that "qualities aligned with the music are ethically good, whereas those that differ are not"3 extend our writing in ways we did not intend. Quite on the contrary, we agree with Liu that different students have different needs, hence our proposition for students to search inwards and discover themselves.In like vein, we agree with Liu that "when music learning becomes a means of assimilating toward one prescribed/predetermined standard, regardless of students' lived realities or how they make sense of the world, teaching then ceases to be moral."4 As noted in our paper, we are not in favor of a standards-based approach to music education that is rigid; similarly, we do not advocate the prescription of moral standards. The moral stories associated with the guqin tradition are heuristic; they aim to inspire ethical awakening, not to impose moral standards, and are therefore neither mechanistic nor to be... (shrink)

Employing the distinction between the authoritarian (based on coercion) and the authoritative (based on excellence), this study of the understanding of authority in the Analects argues against interpretations of Confucianism which cast Confucius himself as advocating authoritarianism. Passages with key notions such as shang 上 and xia 下; fu 服 and cong 從; quan 權 and wei 威, are analyzed to illuminate ideas of hierarchy, obedience, and the nature of authority itself in the text. The evidence pieced together reveals the (...) Master to be authoritative rather than authoritarian; and the social order to which he aspired is one based on excellence rather than on coercion. The article then considers why teachings which present a model of authority as authoritative ended up as often identified with authoritarianism and concludes with some thoughts about how Confucianism might be rescued from authoritarian practice. (shrink)

Those who see Confucianism as a premodern imperial ideology or a traditional religion have no problem characterizing its social ideal as inherently hierarchical, as this is fairly typical of such systems of thought. From this perspective, rather than valuing equality Confucianism takes for granted inequalities among people, and justifies social hierarchies and unequal distribution of power, resources, prestige, and other goods as part of its ethics and its ideal of good government by sagely kings, the justification sometimes involving metaphysical claims (...) about cosmic and religious hierar-chies.1 While some reject Confucianism for its supposed opposition to egalitarianism from perspectives that consider equality a.. (shrink)

In this paper, I compare all three editions of Bennett Reimer’s A Philosophy of Music Education with early Chinese philosophy, in particular, classical Chinese aesthetics. I structure my analysis around a quartet of interrelated themes: aesthetic education, education of feeling, aesthetic experience, and ethics and aesthetics. This paper suggests that Reimer’s philosophical writings have some degree of transcultural applicability beyond Western thought, counterpointing criticisms that his philosophy is narrow, ethnocentric, and culturally limited. It also serves as a plausible point of (...) departure towards a transcultural theory of aesthetics for music education relevant to the pluralistic and globalized world in which we live. (shrink)

Kant divides moral duties into duties of virtue and duties of justice. Duties of virtue are imperfect duties, the fulfillment of which is left to agent discretion and so cannot be externally demanded of one. Duties of justice, while perfect, seem to be restricted to negative duties (of nondeception and noncoercion). It may seem then that Kant's moral philosophy cannot meet the demands of global justice. I argue, however, that Kantian justice when applied to the social and historical realities of (...) the world can generate positive duties to promote and provide for the well being of others. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Decision-Making as a Broader ConceptJacinta O. A. Tan (bio), Anne Stewart (bio), and Tony Hope (bio)KeywordsCompetence, decision-making, capacity, anorexia nervosa, autonomy, values, identityWe thank Demian Whiting for the thoughtful critique of aspects of our paper (Tan et al. 2006a). A primary aim of our research was to provide empirical grounds on which to stimulate discussion about the nature of decision-making capacity (DMC). Whiting criticizes in particular the concept of (...) 'pathological values' that we suggested might be relevant in the assessment of DMC and in the related issue of deciding when a patient's refusal of beneficial treatment should be overridden.Whiting's central concern is with DMC. Whiting argues that the absence of pathological values should not be a criterion for DMC. We are unclear whether he is also arguing that pathological values do not provide a reason of any kind for overriding treatment refusal. At the end of the paper he writes: "we cannot justify compulsory treatment of patients who have pathological values... on the grounds that these patients lack DMC" (2009, XX). This seems to leave open the possibility that we may be able to justify compulsory treatment of patients who have pathological values on grounds other than that they lack DMC. As we wrote in our response to the discussants of our original paper, "The primary issue for us is whether the reasons for refusal to which we draw attention provide grounds for overriding refusal, and if they do how they can be characterized in such a way as to avoid the ever-present danger of simply overriding autonomy in a patient's best interests" (Tan et al. 2006b, 300).In deciding on whether to use compulsory treatment, there are other relevant factors that may need to be considered, such as the seriousness of the decision, which determines the threshold for competence. However, in this response we consider three issues. First, we argue that the current concept of DMC is by no means so clear cut or generally agreed upon as Whiting implies, and that some of the lack of clarity relates to pathological values. Second, that the concept of DMC is itself dependent on accounts of autonomy, and that it is plausible that pathological values can affect autonomy. Third, we directly consider the question of whether a coherent account of pathological values might be given based on a concept of authenticity.The Current Criteria for DMCWhiting argues that the current criteria for DMC are correct and that an additional criterion along the lines of absence of pathological values should not be added. This argument assumes that there is a clear and agreed understanding of the current criteria. We believe this is not the case for three reasons.(i) Whiting begins his account of DMC by saying that it is normally taken to include: "(1) [End Page 345] understanding (and appreciation)" (2009, 341). Already there is an area of dispute, and the use of parentheses reflects this. The concept of 'appreciation' was developed by Grisso and Applebaum (Grisso, Appelbaum, and Hill-Fotouhi 1997). It is not included in either English common law development, for example (ReC), nor in the criteria specified in the Mental Capacity Act 2005. More important, Grisso and Appelbaum in their comment on our original paper (2006) argue that our work advances thinking about 'appreciation' rather than requiring that we add new elements. The implication is that they believe that what we have called pathological values are relevant to the assessment of capacity and are already included in an account of capacity that incorporates the criterion of 'appreciation.' In our response, we argued that pathological values are not entirely captured within the account of appreciation that Grisso and Appelbaum had previously given. We do not want to revisit that issue here, but the point of relevance is that on one view (that of Grisso and Appelbaum) pathological values are already included in the current criteria for DMC as part of the concept of appreciation, whereas on Whiting's view they are not.(ii) Even if there were agreement over the wording and concepts relevant to DMC there is a further important issue: how are those concepts... (shrink)

Pourquoi ajouter un ouvrage à tant d'autres qui saluent la mémoire et commentent l'oeuvre d'Edith Stein? Philosophe allemande de l'école phénoménologique (1891-1942), juive convertie au catholicisme et entrée au Carmel, elle laisse une oeuvre universitaire et spirituelle d'une rare densité. Philibert Secretan, portant le souci d'une philosophie chrétienne, a traduit et commenté de nombreux textes philosophiques, notamment d'auteurs allemands et espagnols. Profondément marqué par la pensée d'Edith Stein, il y discerne comme constantes la réflexion, l'élucidation, et la mise en forme (...) intellectuelle du "monde vécu". C'est cette constante application à penser qu'il a suivie à travers divers champs : celui des sciences (naturelles et humaines) interrogées sur leurs méthodes, celui de la politique et du droit, celui de l'éducation, celui d'une métaphysique réactualisée, et celui de la mystique invoquée au-delà de tout psychologisme et de toute émotivité irrationnelle. Cet ouvrage évoque l'apport d'Edith Stein aux débats actuels sur l'écologie, le féminisme, et la laïcité de l'Etat. Il alerte sur la valeur essentielle de la patience et du goût du silence. (shrink)

Çocuk evliliği, tarih boyunca farklı toplumlarda bilinen ve uygulanan sosyal bir olgu olsa da son zamanlarda, modern duyarlılıkları giderek daha fazla rahatsız eden bir hal almıştır. Son iki asır öncesine kadar, Avrupa hukuki düşüncesinde çocuklar yargı önünde farklı bir muamele görmelerine imkan veren istisnai bir statüye sahip değildi. Diğer taraftan, İslam hukukunun çocuklara, özel bir hukuki statü kazandırma konusunda bazı öncü adımlar attığını söyleyebiliriz. Nitekim, en eski İslam hukuku kitaplarının bile, insanın fiziksel ve zihinsel gelişim aşamalarına ve her bir aşamada (...) ortaya çıkan hukuki hükümlere dair son derece teknik ayrıntılarla dolu olduğunu görebiliriz. Ancak çocuk hakları konusundaki bu erken farkındalığa rağmen, çocuk evliliği olgusu hem İslam toplumlarında hem de İslam hukukunda kendini gösterebilmiştir. Çünkü, İslam çocuk hukuku, ilk ortaya çıktığı dönemin kültürel şartlarından ciddi şekilde etkilenmiştir. Üstelik bu kültürel şartlar, İslam dünyası boyunca İslam çocuk hukukunun temel zemini olma işlevini sürdüre gelmiştir. Bu çalışma, alimlerin çocuk evliliğini delillendirmek üzere yapageldikleri bazı aşırı yorumları ortaya koymaya ve konuyla ilgili âyetleri metinsel bağlamıyla daha uyumlu bir şekilde okumaya çalışmaktadır.Özet: Her bağlam için geçerli olabilecek, standart bir çocuk tanımı yapmak göründüğünden daha güçtür. Bu nedenle çocuk araştırmaları sahasında çalışan akademisyenlerin, muhtelif sosyal disiplinler tarafından yapılacak herhangi bir çocuk tarifi konusunda memnuniyetsizlik içinde olması doğaldır. Diğer yandan, İslam hukukunda baştan beri ayrıntılı bir çocuk hukuku teorisi mevcuttur. İslam hukuk düşüncesinde, insanlar doğum ile yetişkinlik arasındaki gelişim döneminde üç aşamadan geçerler: Çocukluk (küçüklük), buluğ ve rüşt. Bütün fıkıh mezhepleri, insanın doğumu ile ergenliği arasındaki dönemde küçük çocuk sayılacağı kanaatindedirler. Bu çocukların mallarının en iyi şekilde idare edilebilmesi için yasal temsilcileri bulunmak zorundadır. Fakîhler çocuğun velisinin, özellikle de baba veya baba tarafından dedenin, velâyeti altındaki küçük çocuklar üzerinde mücbir bir yetkisi olduğu (velâyet-i mücbire) konusunda geniş bir fikir birliğine sahiptirler. Buna göre veliler, velâyetleri altında bulunan çocukları uygun gördükleri kişilerle evlendirme yetkisine de sahiptirler. Fakat zaman zaman beşik kertmesi olarak da anılan bu uygulama bir ön sözleşmeden ibarettir. Yani bu sözleşme doğrudan doğruya fiziksel boyutları da olan müşterek bir evlilik hayatını meşru kılmamaktadır. Çünkü cinsel hayatın ancak buluğdan sonra gerçekleşmesi ön görülmektedir. Modernite öncesi İslam tarihi boyunca, İbn Şubrume (ö. 144/761), Ebû Bekr el-Esamm (ö. 200/816) ve Osman el-Bettî (ö. 143/760) gibi bir kaç fakih dışında küçük çocukların evlenmesine kategorik olarak karşı çıkan kimselere pek rast gelinmemektedir.Hanefi mezhebinde, herhangi bir zihinsel özrü olmaksızın buluğa eren erkek ve kız çocuklar evlilik konusunda mücbir velâyetin kapsamı dışına çıkarlar. Bu, evlilik sözleşmelerini bizzat gerçekleştirebilecekleri anlamına gelmektedir. Fakat veli, uygunsuz bulduğu evliliğe karşı dava açarak bunu yargı yoluyla geçersiz kılma yoluna gidebilir. Diğer üç Sunnî mezhep ise erkek ve kız çocuklar arasında bir ayrım yapar: Buluğa eren erkek kendi evlilik akdini yapabilme hakkını elde ederken aynı durumdaki kız çocuklar velâyet altında kalmaya devam ederler. Şâfiʿî mezhebine göre, velâyeti gerekli kılan illet (bekaret) hâlâ geçerliliğini korumaktadır. Dolayısıyla veli, kızları evlendirme konusundaki icbâri yetkisini elinde tutmaya devam etmektedir. Bu durumda kızın rızasının alınması, akdin geçerliliği için şart olmaktan ziyade sadece nezaket gereğidir. Rüşte ulaşmak veya fizyolojik olgunlaşma sürecini tamamlamak ise İslam hukukunda evlilik için şart görülmemiştir.Modern zamanlara kadar geleneksel İslam hukukunun erken evlilik lehinde gösterdiği bu yaklaşımda herhangi bir değişiklik olmamıştır. 1917 yılında çıkan Hukuk-ı Aile Kararnamesi daha önce benzeri görülmemiş bir dizi düzenleme getirmiştir: İlk olarak, evlilik yaşı erkek için on sekiz kız için ise on yedi olarak belirlenmiştir. On sekiz yaşın altındaki erkeklerin hakimden evlenme izni alması; on yedi yaşından küçük kızların ise hem veli onayı hem de hakim iznine sahip olması zorunlu hale getirilmiştir. On iki yaşın altındaki erkekler ile dokuz yaşından küçük kızların ise asla evlendirilemeyeceği kararlaştırılmıştır.Mantıkî bağlam ve sentaktik yapı elverişli olmamasına rağmen fakihler çocuk evliliğini desteklemek üzere bazı Kur’ân âyetlerine (Nisâ 4/3-6, Nisâ 4/127, Talâk 65/4) referansta bulunmuşlardır. Makale içeriğinde detaylı şekilde açıklandığı üzere zorlama yorumlamalarda bulunmuşlardır. Bu makale, söz konusu âyetlere daha tutarlı bir yorum getirmeye çalışmaktadır. Aynı şekilde, Kur’an’ın çocuk evliliğini kolaylaştırıcı bir tavır içerisinde olmadığını, çocukların evlendirilebilmesi yönündeki yaklaşımların tarihsel ve kültürel şartlara bağlı olarak yapılan bazı zorlama yorumlara dayandığını ileri sürmektedir.Hz. ʿÂişe’nin Hz. Peygamber ile oldukça erken bir yaşta evlendiğine dair nakledilen rivâyet de konuyla ilgili olarak ileri sürülen başka bir argümandır. Bu rivâyetin sahih olduğuna inanılmaktadır. Buna rağmen ilginç bir şekilde bu rivâyet çok az fakih tarafından kullanılmıştır. Bunun sebebi, fakîhlerin Hz. Peygamberin mahremiyetinden bahsetmek istememeleri olabilir. Rivâyetin hücciyeti konusuna kuşkuya kapılmış olmaları da mümkündür. Söz konusu rivâyete daha yakından bakıldığında, ifadedeki menfi üslup hemen dikkat çekmektedir. Çünkü rivâyette Hz. ʿÂişe, Hz. Peygamberle evlendiği günü anlatırken sürekli olarak fizyolojik ve psikolojik açıdan olumsuz koşullardan bahsetmektedir. Nitekim Hz. ʿÂişe birden bire oynamakta olduğu salıncaktan alınmakta ve kendisinin de bilmediği bir yere doğru götürülmektedir. Rivâyet, sadece çocuk evliliğinin cevazını ortaya koymakla yetinmemekte, sanki aynı zamanda çocukların uygunsuz koşullardaki evlilik taleplerine bile itaatkar olmaları gerektiğini salık vermektedir. İçerik yanında teknik olarak bakıldığında bu rivâyet, haber-i vâhiddir. Çünkü rivâyet, sadece Hz. ʿÂişe tarafından bilinebilecek detayları içermektedir. Tarihî açıdan bir öneme sahip olmasına rağmen dinî hükümlere kanıt olma niteliğinden yoksundur. Çünkü bu rivâyette, râvi konuyla ilgili Hz. Peygamber’e ait resmi bir açıklamayı nakletmemekte; sadece kendi zaviyesinden maruz kaldığı bir durumdan bahsetmektedir. (shrink)

Public debates on reality television often address the display of emotion and immoral conduct. Television scholars have recently proposed that while reality television offers its audience an opportunity to learn valuable lessons, they rarely address the issue of the morality of the genre. In this contribution, we analyze the display of emotion and immoral conduct in the Dutch reality show The Golden Cage. Reality television is viewed as constituting a ‘moral laboratory’. The question guiding our research revolved around the kind (...) of exercise this moral laboratory provides for. A dramaturgical study of the display of actions and emotions as part of participant “projects” was used to answer this question. Results indicate that moral issues and emotions were continuously at stake, and immoral conduct appeared to be coupled with pleasurable emotions. It is concluded that the laboratory of The Golden Cage is at least equally suited for exercising autonomy and identity performance under competitive pressure as it is for the simulation of moral conflicts. (shrink)

Using empirical evidence gathered from Chinese listed companies, this article explores the relationship between micro-governance mechanisms and corporate philanthropy from a corporate governance perspective. In China’s emerging market, ultimate controlling shareholders of state-owned enterprises are reluctant to donate their assets or resources to charitable organizations; in private enterprises marked by more deviation in voting and cash flow rights, such donations tend to be more likely. However, the ultimate controllers in PEs refuse to donate assets or resources they control or own, (...) which implies that corporate philanthropy by PEs comes at the cost of others, through assets or resources owned by minority shareholders. Even after devastating natural disasters such as the 2008 Wenchuan Earthquake, the controlling shareholders continue to express reluctance to donate any assets they control. Despite widespread evidence that corporate philanthropy boosts corporate growth and profitability, these ultimate controllers indicate no intention to donate their own money as a means to improve corporate performance. (shrink)

This article clarifies the relationship between moral personhood and moral management in ethical leadership from a Confucian perspective. Drawing from four Confucian classics, this study integrates the leader’s ethical values and activities undertaken to promote virtues in followers. The harmonisation of moral personhood and moral management is facilitated by two cardinal Confucian beliefs: innate human nature and moral self-cultivation. From a Confucian viewpoint, all human beings are endowed with a good nature that enables them to become virtuous persons and leaders. (...) Ethical leaders subdue their selfish desires and extend their natural moral feelings of true goodness, righteousness, propriety and wisdom to others. Moral personhood and moral management are inseparable because to cultivate oneself morally is to help others to become moral persons. By synthesising moral personhood and moral management, a Confucian worldview of ethical leadership contributes to leadership studies in two main ways: safeguarding against the leader’s abuse of power, and advancing organisational change through path-shaping. (shrink)

In this essay Charlene Tan offers a philosophical analysis of the Singapore state's vision of shared citizenship by examining it from a Confucian perspective. The state's vision, known formally as “Our Shared Values,” consists of communitarian values that reflect the official ideology of multiculturalism. This initiative included a White Paper, entitled Shared Values, which presented pejorative assessments of the ideals of “individual rights” and “individual interests” as antithetical to national interests. Rejecting this characterization, Tan argues that a dominant Confucian perspective (...) recognizes the correlative rights of all human beings that are premised on the inherent right to human dignity, worth, and equality. Furthermore, Confucianism posits that it is in everyone's interest to attain the Confucian ethical ideal of becoming a noble person in society through self-cultivation. Tan concludes by highlighting two key implications for Singapore from a Confucian perspective on the Shared Values: first, schools in Singapore should place greater emphasis on individual moral development of their students, and second, more avenues should be provided for residents to contribute actively to the development of the vision of shared citizenship. (shrink)

In the current crisis of liberal democracy, Confucianism has been cited as offering superior alternative models of government. With the resources from Dewey’s Pragmatism, this paper defends democracy, which should not be equated to de facto liberal democracies, as desirable for Confucian societies. It examines the affinities between Confucian and Dewey’s conception of the person and community and argues for an understanding of democratic values that brings together Dewey’s democratic values and Confucian ideals of personal cultivation and virtuous governance.