Practical philosophy of law is a theory about concrete existence of law which holds that due to the asymmetry between existing law and social facts and case facts, the existing law needs to be developed in a reflective manner through application and this is the inevitable process of mutation from law 1.0 to law 2.0. Practical philosophy of law is founded on the generative thinking of practical philosophy, and distinct from other philosophies of law hereof.

The present age is an age full of problems. To answer the question what’s law, we should focus on the study of the tension between facts and norms. The tension is reflected through two perspectives: 1) the asymmetry between facts and norms in epistemology; 2) the conflict between facts and norms in ethics. The first is universal while the second is uniquely Chinese. The existing views of law highlight epistemology, tending to give privileges to one of the two: facts or (...) norms, and making them irreconcilable. This paper would like to draw upon two essential elements of practice and use practice to address the ethical conflict between facts and norms, and use reflection to deal with the epistemological asymmetry between the two. This is what we call “a practical view of law” which reconciles facts with norms and takes “law is phronesis (prudentia)” as its core proposition. (shrink)

This article theoretically proposes and empirically verifies an understudied issue in the business ethics and corporate social responsibility literature—how moral degradation in a society influences the relationship between BE or CSR and firm performance. Building on strategic choice theory, we propose that both BE and CSR become more important in enhancing business success when the perceived MD is heightened. Our analysis of 300 firms operating in China statistically confirms our hypotheses: first, under high MD, firms’ engagement in CSR results in (...) higher corporate legitimacy and competitive advantage, and second, their adherence to ethical business codes leads to higher corporate legitimacy. We conclude the article by outlining the implications for both theory and practice. (shrink)

Most discussions of racial fetish center on the question of whether it is caused by negative racial stereotypes. In this paper I adopt a different strategy, one that begins with the experiences of those targeted by racial fetish rather than those who possess it; that is, I shift focus away from the origins of racial fetishes to their effects as a social phenomenon in a racially stratified world. I examine the case of preferences for Asian women, also known as ‘yellow (...) fever’, to argue against the claim that racial fetishes are unobjectionable if they are merely based on personal or aesthetic preference rather than racial stereotypes. I contend that even if this were so, yellow fever would still be morally objectionable because of the disproportionate psychological burdens it places on Asian and Asian-American women, along with the role it plays in a pernicious system of racial social meanings. (shrink)

Moral agency is limited, imperfect, and structurally constrained. This is evident in the many ways we all unwittingly participate in widespread injustice through our everyday actions, which I call ‘structural wrongs’. To do justice to these facts, I argue that we should distinguish between summative and formative moral criticism. While summative criticism functions to conclusively assess an agent's performance relative to some benchmark, formative criticism aims only to improve performance in an ongoing way. I show that the negative sanctions associated (...) with summative responses are only justifiably imposed under certain conditions when persons exercise their agency wrongly — conditions that do not always hold for structural wrongs. Yet even in such cases we can still use formative responses, which are warranted whenever agents fall short of moral ideals. Expanding our repertoire of moral criticism to include both summative and formative responses enables us to better appreciate both the powers and limitations of our agency, and the complexity of moral life. (shrink)

Although previous research has examined the effectiveness of various levels of punitive reactions to misconduct, researchers have given leader leniency relatively inadequate attention. Prior studies consistently suggest the beneficial effects of reacting less punitively toward misconduct. The current research challenges this notion by delineating a mixed effect of leader leniency on subordinate psychological and behavioral reactions. Building on social exchange theory (i.e., reciprocity norm and rank equilibration norm) and motive attribution literature, the authors argue that when subordinates hold high levels (...) of instrumental motive attribution, leader leniency relates positively to subordinate psychological entitlement, which in turn leads to workplace deviance. In contrast, when subordinates develop high levels of value-expressive motive attribution, leader leniency is positively associated with their felt obligation toward leaders, which positively influences their subsequent organizational citizenship behavior. The results of a field study, a scenario experiment, and a recall experiment conducted to test these hypotheses confirm the double-edged effects of leader leniency. These findings have important implications for theory and practice. (shrink)

This paper contrasts a picoeconomic approach to theexplanation of akrasia with Davidson's divided-mind approach and defends theformer in a wider context. The distinctive merits of a picoeconomic model of mindlie in the following aspects: First, it relies on a scientifically well-groundeddiscovery about motivational dynamics of animals for its explanation of preference change,which elucidates or materializes some philosophers' speculations both about thepossible mismatch between valuation and motivation and about the relevance of temporalfactors to akrasia. Second, it grounds the necessity of endogenous (...) higher-order constraints,expressible in forms of judgment, in an intrapersonal dynamic process of interactivefirst-order temporary preferences. Thus the motivational basis for the normativeconstruction of the rationality of `best judgment' can also be illuminated with this model. (shrink)

The best way to protect information is never to release it. Yet even the earliest definition of security recognizes availability as a necessary quality. In this work, we seek to quantify the value of information disclosure for web resource evaluation and discovery. Communal evaluation tools help users share ratings on websites, music, and other online resources. This approach assumes that experiences are self-similar, so that a site one person visits is likely to have been evaluated and thus visited by others. (...) Collaborative search tools aim for discovery as opposed to evaluation. Therefore, they assume participants in a collaborative network have large sets of non-overlapping sites so that an increase in network size corresponds to an increase in web coverage. We quantify the value of information sharing for these closely related but sometimes distinct functions. In this paper, we analyzed a dataset that includes eight weeks of browsing history of 1084 college students that live in the same dormitory. Our experiments showed that for discovery, more sharing monotonically improves results; for evaluation, however, there are decreasing marginal returns for each participant added to the network. The subject population was selected for its homogeneity in order to mimic a collaborative network. (shrink)

How can one knowingly choose against one's best judgment? This is both a traditional philosophical puzzle and a realistic problem in our everyday life. This dissertation is an exposition and examination of a recent work, by George Ainslie, with regard to its innovative explanation as well as rational solution of such a problem. With the help of the new Ainsliean model, I have also sought to offer some analysis of a number of issues that I believe are important to the (...) understanding of the nature of practical rationality. ;The central question for Ainslie's approach to the dynamic problem of preference change is how to justify the "bundling" idea underlying his solution of the problem by adopting a "personal rule." The bundling idea is a belief in the relation between a series of similar choices as each predicting the direction of all the later choices. Being able to think in terms of this bundling idea is a powerful means of abstaining from defection, though it requires considerable cognitive effort. I try to defend the plausibility of such a personal-rule approach. But Ainslie's own account falls short of showing the ultimate necessity of the bundling idea, viz., why the collapse of the whole sequence of choices would necessarily follow from one defection. My argument hinges on demonstrating that neither a causal consideration about the links between similar choices, nor a prudential consideration about the possible risk involved in certain actions is sufficient for understanding the necessity: we need a normative perspective instead. ;This leads to my analysis of the conditions under which a normative solution can be justified. The analysis also delineates the type of dynamic choice situations Ainslie's approach may adequately fit, or have the greatest advantage. Some underlying hypothesis about the status and role of cognition in desire and higher-level motivation is carefully discussed; and the cognitive, deliberative, and affective aspects of the adoption of a rule is explored. During my discussions, I also compare Ainslie's approach with other theories in the domain of practical reasoning, such as that of Donald Davidson's, Jon Elster's, Michael Bratman's, Edward McClennen's, and David Gauthier's, in terms of their explanatory power, or their scope of application, limits, and complementarity. ;Ainslie's motivational model of mind has apparent as well as potential implications for a group of interesting philosophical issues. They include the nature of willpower, the nature of practical rationality as well as moral rules, personal identity, autonomy, and the existentialist theme on self-creation. My conclusion is that the clarification of the metaphysical underpinnings of the Ainsliean model can help to shed some light on these issues. (shrink)

The green development level reflected in the green finance index and the evaluation of the degree of green development in smart cities have important practical effects on economic transformation. For promoting the transformation and upgrading of finance, we select 2013–2019 data and construct a distributed lag model to analyse the important role played by green finance and financial technology in the construction of smart cities. In the paper, we find green finance promotes the construction of smart cities, and only it (...) will not appear until nine months late. Financial technology has an opposite impact on the construction of smart cities, this is mainly because the research and marketization of financial technology are higher, and the cost is also higher. This influence will appear in the next 14 months. (shrink)

This chapter distinguishes between two concepts of moral responsibility. We are responsible for our actions in the first sense only when those actions reflect our identities as moral agents, i.e. when they are attributable to us. We are responsible in the second sense when it is appropriate for others to enforce certain expectations and demands on those actions, i.e. to hold us accountable for them. This distinction allows for an account of moral responsibility for implicit bias, defended here, on which (...) people may lack attributability for actions caused by implicit bias but are still accountable for them. What this amounts to is leaving aside appraisal-based forms of moral criticism such as blame and punishment in favor of non-appraising forms of accountability. This account not only does more justice to our moral experience and agency, but will also lead to more effective practices for combating the harms of implicit bias. (shrink)

At the end of Being and Nothingness Sartre made the curious claim that his ethical views follow from his ontology and are based on it. Yiwei Zheng argues that there are unbridgeable gaps between Sartre's ontology and ethics that cannot be filled in, and in the process provides a careful study of some notoriously murky notions in Sartre's early philosophy.

Recent research has uncovered the dark side of creativity by finding that creative individuals are more likely to engage in unethical behavior. However, we argue that not all creative individuals make trouble. Using moral self-regulation theory as our overarching theoretical framework, we examine individuals’ moral identity as a boundary condition and moral disengagement as a mediating mechanism to explain when and how individual creativity is associated with workplace deviant behavior. We conducted two field studies using multi-source data to test our (...) hypotheses. In Study 1, the results indicated that creativity positively predicted moral disengagement for those low in moral identity. In Study 2 with multi-wave data, we replicated the finding that moral identity moderated the effect of creativity on moral disengagement in Study 1 and further revealed that moral disengagement mediated the interactive effects of creativity and moral identity on workplace deviant behavior. The theoretical and practical implications of these findings and directions for future research are discussed. (shrink)

A real number x is computable iff it is the limit of an effectively converging computable sequence of rational numbers, and x is left computable iff it is the supremum of a computable sequence of rational numbers. By applying the operations “sup” and “inf” alternately n times to computable sequences of rational numbers we introduce a non-collapsing hierarchy {Σn, Πn, Δn : n ∈ ℕ} of real numbers. We characterize the classes Σ2, Π2 and Δ2 in various ways and give (...) several interesting examples. (shrink)

Philosophy Compass, Volume 17, Issue 4, April 2022.

In lieu of an abstract, here is a brief excerpt of the content:476 Feminist Studies 41, no. 2. © 2015 by Feminist Studies, Inc. Wang Zheng Detention of the Feminist Five in China On March 6 this year, just before International Women’s Day, the Chinese police in Beijing arrested five young women who had engaged in activism to protest sexual harassment on public transportation. The month-long detention of these five young feminists has changed the landscape of Chinese feminism. The (...) global feminist mobilization that emerged to appeal for their release also presents a fascinating example of a successful feminist response to authoritarianism. In this short piece, I open with a few personal snapshots to briefly illustrate the history of Chinese feminist engagement with sexist sexual norms. Next, I will situate the five young feminists’ actions within this historical context in order to illustrate significant changes in Chinese feminist practices as well as in Chinese society. Finally, I will discuss the political implications of the detention of the so-called Feminist Five as well as the global mobilization for their release. In 1985 I came from Shanghai to study US history at the University of California, Davis. I made quite a few American friends in the graduate program. They were very curious about my life in China, and I was very proud of being a liberated woman from socialist China. I acted like an ambassador, talking to different groups about the great accomplishments of women’s liberation under socialism in China. As a young, urban woman I enjoyed equal education, equal employment, equal pay, and equal opportunity for promotion. I had never experienced gender News and Views 477 inequality, I thought. One day I was telling my friends about how I once confronted a thief who had just snatched my wallet on a crowded bus in Shanghai and how I forced him to drop my wallet. My friends were very impressed: “Wow! You were so brave,” they said. A few days later, I happened to mention that on the same crowded Shanghai buses, men would frequently grope women, and my friend asked instantly, “How did you respond to them?” I replied without thinking, “What could I do? I just tried my best to move to another spot to avoid such rascals.” My friend then raised a question that shattered my self-perception as a brave and liberated woman: “Why did you dare to confront a thief but not a sexual harasser?” I answered, “Oh, I would be so ashamed if people around me noticed.” Immediately, I realized that my reply was highly problematic. That conversation set in motion a process of soul searching. Why would a liberated woman still continue to observe the patriarchal value of chastity? Why would women of my generation—the liberated Chinese women in socialist China—have no consciousness of the serious problems contained within these sexual norms? It was not only a personal reflection. From this point, I embarked on a long review and contemplation of women’s liberation in socialist China. I realized that in the realm of sexuality, while state feminists were able to transform the sexual double standard to a single standard for the general public (although some top male leaders continue double standards and engage in extramarital sexual relationships without being punished), puritanical sexual morality did not shake deeply entrenched masculinist cultural values of women’s chastity and virginity. As a result, a liberated woman such as myself could internalize such sexist values with no consciousness, let alone action, focused on changing such sexist culture. In 1992, I attended a conference by the Shanghai Women’s Federation. When a US feminist scholar asked if there were any cases of sexual harassment in China, the Chinese women participants all replied, “No, no, we don’t have sexual harassment.” I stood up and named things that happened to women every day on Shanghai buses as sexual harassment. By then I had long been empowered by my study of feminist history and theories. In 1995, at the NGO forum at the Fourth UN Conference on Women held in Beijing, feminists from inside and outside China openly challenged pervasive sexist sexual norms. Sexual violence and sexual harassment were clearly defined as violations of women’s human rights... (shrink)

Artificial intelligence is regarded in the context of the tasks that are delegated to it during the development of technical projects and the features of the implementation of tasks that must be performed in real time without the possibility of interruption. The relevance of the study is determined by the fact that artificial intelligence sees as its main task the formalisation of decision-making with little or no human involvement. The basis of the methodological search are biological and prognostic methods. The (...) current stage of development of socio-humanitarian technologies, and in particular, systems with artificial intelligence, prompts people to conduct such socio-technical projects, for the implementation of which the properties of the human biological brain are no longer enough. The result of research on artificial intelligence is the desire to understand the work of the human brain, to reveal the secrets of human consciousness and the problem of creating machines with a certain level of human intelligence. The novelty of the study is determined by the fact that the understanding of artificial intelligence is primarily aimed at creating an environment that can distinguish artificial intelligence from the entire array of technological devices not only as a platform of knowledge and program code. The practical significance of the study is determined by the necessity for standardisation and the formation of attitudes and the acceptability of the use of artificial intelligence in tasks that will subsequently affect social development. (shrink)

This paper investigates the aperiodic sampled-data control for a chaotic system. Firstly, Takagi–Sugeno fuzzy models for the chaotic systems are established. The lower and upper bounds of the sampling period are taken into consideration. Then, the criteria for mean square exponential stability analysis and aperiodic sampled-data controller synthesis are provided by means of linear matrix inequalities. And the real sampling patterns can be fully captured by constructing suitable Lyapunov functions. Finally, an illustrative example shows that the proposed method is effective (...) to guarantee that the system’s states are stable with aperiodic sampled data. (shrink)

Question order effects are commonly observed in self-report measures of judgment and attitude. This article develops a quantum question order model (the QQ model) to account for four types of question order effects observed in literature. First, the postulates of the QQ model are presented. Second, an a priori, parameter-free, and precise prediction, called the QQ equality, is derived from these mathematical principles, and six empirical data sets are used to test the prediction. Third, a new index is derived from (...) the model to measure similarity between questions. Fourth, we show that in contrast to the QQ model, Bayesian and Markov models do not generally satisfy the QQ equality and thus cannot account for the reported empirical data that support this equality. Finally, we describe the conditions under which order effects are predicted to occur, and we review a broader range of findings that are encompassed by these very same quantum principles. We conclude that quantum probability theory, initially invented to explain order effects on measurements in physics, appears to be a powerful natural explanation for order effects of self-report measures in social and behavioral sciences, too. (shrink)

People disagree about the causes of social inequality and how to most effectively intervene in them. These may seem like empirical questions for social scientists, not philosophers. However, causal explanation itself depends on broadly normative commitments. From this it follows that (moral) philosophers have an important role to play in determining those causal explanations. I examine the case of causal explanations of poverty to demonstrate these claims. In short, philosophers who work to reshape our moral expectations also work, on the (...) back end, to restructure acceptable causal explanations—and hence solutions—for social inequality. Empirical and normative inquiry, then, are a two-way street. (shrink)

Fitness apps on mobile devices are gaining popularity, as more people are engaging in self-tracking activities to record their status of fitness and exercise routines. These technologies also evolved from simply recording steps and offering exercise suggestions to an integrated lifestyle guide for physical wellbeing, thus exemplify a new era of "quantified self" in the context of health as individual responsibility. There is a considerable amount of literature in science, technology and society (STS) studies looking at this phenomenon from different (...) perspectives, linking it with the sociology of self-surveillance and neoliberal regimes of health. However, the human-technology interface, through which the micro- (behavioral) and macro- (social) aspects converge, still calls for extensive examination. This paper approaches this topic from the postphenomenological perspective, in combination with empirical studies of design analysis and interviews of fitness apps, to reveal the human-technology link between the design elements and people's perception through the direct experiences and interpretations of technology. It argues that the intentionality of self-tracking fitness app designs mediates the human-technology relations by "guiding" people into a quantified knowledge regime. It shapes the perceptions of fitness and health with representations of meanings about a "good life" of individual success and management. This paper also gives a critique of current individual, performance-oriented fitness app designs and offers the possibility of seeking alternatives through the multistable nature of human-technology relations—how altering interpretation and meaning of the design with a cultural or social context could change the form of technological embodiment. (shrink)

The virtual brand community has become an important marketing tool for companies. A successful brand community marketing strategy should attract a large number of consumers. Although past studies have revealed consumer motivations for participating in virtual brand communities, they fail to answer an important question: Why is it so easy for some virtual brand communities to attract users while others have such difficulty? In this study, product characteristics are hypothesized to be important factors that determine consumer motivation to participate in (...) brand communities. Product characteristics can directly affect how actively consumers participate in brand communities. The results of questionnaires show that product complexity, product symbolism, and product satisfaction have a positive influence on consumers’ willingness to participate in brand communities. Notably, the duration of product use has a regulating effect on the influence of product satisfaction and product symbolism. A long period of product use weakens the influence of product satisfaction on consumers’ willingness to participate in brand communities. On the contrary, a long period of product use strengthens the influence of product symbolism on consumers’ willingness to participate in brand communities. This study enriches the literature on brand community participation and has implications for companies that aim to utilize brand communities for marketing. (shrink)

In a sample of 522 police officers and staff in an English police force, we investigated the role of authoritarian leadership in reducing the levels of employee ethical voice. Drawing upon uncertainty management theory, we found that authoritarian leadership was negatively related to employee ethical voice through increased levels of felt uncertainty, when the effects of a motivational-based mechanism suggested by previous studies were controlled. In addition, we found that the negative relationship between authoritarian leadership and employee ethical voice via (...) felt uncertainty is mitigated by higher levels of benevolent leadership. That is, when authoritarian leaders simultaneously exhibit benevolence, they are less likely to cause feelings of uncertainty in their followers who are then more likely to speak up about unethical issues. We discuss theoretical and practical implications of the findings. (shrink)

Now that society is in a period of transition, the lack of norms for moral values is becoming an increasingly serious issue. People in commerce talk about commerce, and those "going out to sea" talk about the sea.