Journal of Chinese Philosophy, EarlyView.

The aim of this article is to critically reflect on the Polish transformation taking place in the interpretation of business law in the form of legal clarifications that can be qualified as a soft law guidance. The article attempts to address the following questions: does the new Polish legal framework offer really novel approaches to the interpretation of business law and/or its tools? What are the peculiarities that characterize the new instrument for the interpretation of business law in the form (...) of legal clarifications? What are the pros and cons of legal clarifications? What is the potential practical importance of the introduced interpretation tool, in particular in the context of certain previously existing tools for the interpretation of legal texts? To this end, first, the article sheds light into types of the interpretation of legal texts as well as soft law guidance. Second, it analyses the distinctive features of legal clarifications. Third, it contains the concise comparison of legal clarifications to certain previously existing instruments. In the last part before the conclusion, the topic required an attempt at an assessment. The point of the analysis in this article was both descriptive and normative. (shrink)

The “happiness agenda” is a worldwide movement that claims that happiness is the highest good, happiness can be measured, and public policy should promote happiness. Against Happiness is a thorough and powerful critique of this program, revealing the flaws of its concept of happiness and advocating a renewed focus on equality and justice. Written by an interdisciplinary team of authors, this book provides both theoretical and empirical analysis of the limitations of the happiness agenda. The authors emphasize that this movement (...) draws on a parochial, Western-centric philosophical basis and demographic sample. They show that happiness defined as subjective satisfaction or a surplus of positive emotions bears little resemblance to the richer and more nuanced concepts of the good life found in many world traditions. Cross-cultural philosophy, comparative theology, and social and cultural psychology all teach that cultures and subcultures vary in how much value they place on life satisfaction or feeling happy. Furthermore, the ideas promoted by the happiness agenda can compete with rights, justice, sustainability, and equality—and even conceal racial and gender injustice. Against Happiness argues that a better way forward requires integration of cross-cultural philosophical, ethical, and political thought with critical social science. Ultimately, the authors contend, happiness should be a secondary goal—worth pursuing only if it is contingent on the demands of justice. (shrink)

Every kind of exploration is touched in some way by a philosophy of persons; touched and often vitally enhanced. This collection sets out to mine this rich seam of influence, bringing together authors keen to strike new developments and applications. Together, they have put their philosophy of persons to work in fields as wide-ranging as the moral and the metaphysical, the practical and the political, the cultural and the cosmological. In doing so, they have drawn on and illustrated the depth (...) and breadth of modern Personalist thought, demonstrating its crucial relevance to debates across the entire philosophical spectrum. (shrink)

This volume marks a phase of accomplishment in the work of the World Phenomenology Institute in unfolding a dialogue between Occidental phenomenology and the Oriental/Chinese classic philosophy. Going beyond the stage of reception, the Oriental scholars show in this collection of studies their perspicacity and philosophical skills in comparing the concepts, ideas, the vision of classic phenomenology and Chinese philosophy toward uncovering their common intuitions. This in-depth probing aims at reviving Occidental thinking, reaching to its intuitive sources, as well as (...) providing Chinese thinking with a precise apparatus of expression toward its rejuvenation in a new significance. Studies by Korean and Chinese phenomenologists: Nam-In Lee, Inhui Park, Benjamin I. Schwartz, Anna-Teresa Tymieniecka, Sitansu Ray, Zhang Xian, Zhang Qingxiong, Tsung-I Dow, Ashok K. Gangadean, Yushiro Takei, Louise Sunderarajan, Gregory Tropea, James Sellmann, Tyong Bok Rhie, Sang-Ki Kim, Daniel Zelinski, Qingjie Wang, Calvin O. Schrag, Jung-Sun Han. (shrink)

Saunders and van Brakel's observation that “linguistic evidence provides no grounds for the universality of basic color categories” also applies to the concept of “colour” itself. The language of “seeing” is rooted in human experience, and its basic frame of reference is provided by the universal rhythm of “light” days and “dark” nights and by the fundamental and visually salient features of human environment: the sky, the sun, vegetation, fire, the sea, the naked earth.

Why should (or should not) we have a system of different states that each claim both internal and external sovereignty? How can the state gain its legitimate authority to rule? What is the problem with the ideal of the ‘global citizen’? How should states respond to different groups’ secession claims? To what extent should states have the right to control their borders? If one finds such questions intriguing, one should read Anna Stilz’s book Territorial Sovereignty: A Philosophical Exploration. Stilz (...) argues that a system of territorial states serves to protect important values – occupancy, basic justice and collective self-determination – which are key to living an autonomous life. I focus on the theory’s implication for the debates on border control. I contend that Stilz’s arguments still have difficulties grounding the state’s right to exclude would-be immigrants. That said, the book has done a great job in providing a liberal theoretical framework for us to reflect upon citizenship, immigration, succession claims, cosmopolitan ideals, the colonial legacy and disputes over borders and resources. (shrink)

The approach I propose here to Books VI and VII of Plato’s Republic is to offer some reflections on the organicist and perspectivist readings. Perspectivism seems in some respects to be a variant of organicism. Indeed, both approaches allow for a reassessment not only of the various parts that make up a dialogue, but also, more generally, of the importance of the literary or dramatic form, which is marginalised by the evolutionist reading. The aim of this essay is therefore to (...) try to understand some of the images present in the central books of the Republic, without burdening them with theoretical structures and questionable chronologies, but rather by noting their importance in the overall design of the individual text and their consistence within a broader organism, the entire and unitary Platonic corpus of dialogues. To this end, I will try to highlight the subtle differences between organicism and perspectivism. I will focus on the relationship between literary constructions and theoretical speculations that make the Republic an organically unified text in itself and perfectly consistent with the entire corpus of dialogues. Three images in particular will help me to show how literature and philosophy meet: the sun analogy, the divided line and the allegory of the cave. My aim is not to say what exactly the epistemology of the central books of the Republic consists in, but rather to try to identify the pitfalls in the text when philosophical questions about epistemological issues are separated from literary ones. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Attis at Large CATULLUS (Translated by Anna Jackson) And so Attis, seasick, heart sore, having left so terribly fast, with a pause, a leap, a landing, galliambically arrived in the shady regions, wood-clothed, in the goddessy depths of dark in a rage, a grief, a wild mood, having come so terribly far, and himself, still him, he tore off, with a flint, all his manly parts— so that (...) she (now she) when she saw she was all a a a a girl, even while still bleeding fresh blood, a new stain on that shagpile earth, in a flash, a leap, with no pause, she took up here a tambourine— tambourine of yours, your symbol, sign of Cybele’s syllables— with a clash, a strike, a ringing, her soft fingers on the stretched skin, she began to sing this whole song, in a tremble to, to the throng: All of us, not cis, but sisters—with a leap of nothing but faith let’s take off, let’s rush, let’s stampede, like a herd on the, the, the loose— you are lost, you’re all in exile, with a past you have left behind you have only me, your one hope, here to lead, if you’ll follow me, after all that we have been through, salty seas of masculinity we will sail no more, no, not we—let us now be all spiritual, that’s to say, let’s sing, and sing loud, with a clash of the tambourine and with tossing heads and wild leaps, we must throw ourselves into this, as if in to fire, with no fear—a religious sort of a pounce! And in need of no persuading, the stampede, if it was that, starts— all of them, not cis, but sisters, taking off with a lightness of heart like a sisterhood, a herd loosed, with a clash of the tambourine. And so Attis, no true woman, was swept along with the rest, in the lead, but led, herself led, the clash of the tambourine a resounding beat in her head, fa-la-LA, la la la la LA, like a heifer still unbroken, a disorder of flailing flight. And the sisterhood, a herd loose, kept the beat of the tambourine. And the sisters, having found peace, could all sleep when the ringing ceased, having come so far, so hard won, they were restless no more but at peace, after all that they had been through, having come so terribly far. arion 27.2 fall 2019 Yes but when the sun with eyes bright looked out at the whole airy sky, and the whole expanse of hard earth, and the whole wilderness of sea, yes and when the sunlight drove forth all the shadows of the long night, and when sleep itself was sent off, or took flight, as Attis awoke, well then sleep, not Attis, found rest; it was sleep that would rest at last. Not so Attis: sleep departed, and his madness departed too; not so Attis, who reviewed all he had done, and all in his heart, and could see the lie it had been, and see all that the lie had cost, and with surging mind and heart sore made return to shallowing shore. And there Attis, seasick, heart sore, with sore eyes salty as the sea now addressed her country, grief struck, with this song, or more of a speech: Oh my country, nation, homeland, oh my country where I was born! Like a truant out of bounds—bounds like a palace, a place of peace— in a rage, a grief, a wild mood, did I take myself off to here, here to live in lairs of wild beasts, here to live in shivering snow, to inhabit my own madness, my insanity the worst lair of them all. Oh where can I now understand my country to be? My sore eyes both long to be fixed in a gaze shiverless on you, for a pause, a space, to come clear, and to clear what’s left of my mind. Do I have to leave, to have left, my own home, and live in the wild? Do I have to... (shrink)

The ability to be creative is often considered a unique characteristic of conscious beings and many efforts have been directed at demonstrating a relationship between creativity and the personality construct of psychoticism. The present study sought to investigate this link explicitly by focusing on discrete facets of creative cognition, namely the originality/novelty dimension and the practicality/usefulness dimension. Based on Eysenck’s conceptualisation of psychoticism as being characterised by an overinclusive cognitive style, it was expected that higher levels of psychoticism would accompany (...) a greater degree of conceptual expansion and elevated levels of originality in creative imagery, but would be unrelated to the practicality/usefulness of an idea. These hypotheses were confirmed in 80 healthy participants who were contrasted based on their EPQ psychoticism scale scores. Our findings suggest that the link between psychoticism and creativity is based on associative thinking and broader but weak top-down activation patterns rather than on goal-related thinking. (shrink)

When you hear a person speaking in a familiar language you perceive the speech sounds uttered and the voice that produces them. How are speech sounds and voice related in a typical auditory experience of hearing speech in a particular voice? And how to conceive of the objects of such experiences? I propose a conception of auditory objects of speech perception as temporally structured mereologically complex individuals. A common experience is that speech sounds and the voice that produces them appear (...) united. I argue that the metaphysical underpinnings of the experienced unity of speech sounds and voices can be explained in terms of the mereological view on sounds and their sources. I also propose a psychological explanation of how we form and individuate the auditory objects of experiences of listening to speech in a particular voice. Voice characteristics enable determining the identity of auditory objects of speech sound perception by making some features of the speech signal stable and predictable. (shrink)

Cet article s’intéresse aux ateliers régionaux de production céramique de Chypre à l’époque géométrique. À partir de l’analyse détaillée de la céramique, qui constitue la documentation primaire pour cette époque, et suivant une méthode rigoureuse, on tentera d’identifier et de définir le caractère régional de la production céramique. Cela nous permettra de cerner des modes de développement spécifiques et différenciés selon les régions de l’île. En l’absence de sources écrites pour l’époque chypro-géométrique, cette démarche est susceptible d’éclairer les processus de (...) constitution des royaumes chypriotes du Ier millénaire av. J.-C. (shrink)

The article first addresses the importance of cognitive modeling, in terms of its value to cognitive science (as well as other social and behavioral sciences). In particular, it emphasizes the use of cognitive architectures in this undertaking. Based on this approach, the article addresses, in detail, the idea of a multi-level approach that ranges from social to neural levels. In physical sciences, a rigorous set of theories is a hierarchy of descriptions/explanations, in which causal relationships among entities at a high (...) level can be reduced to causal relationships among simpler entities at a more detailed level. We argue that a similar hierarchy makes possible an equally productive approach toward cognitive modeling. The levels of models that we conceive in relation to cognition include, at the highest level, sociological/anthropological models of collective human behavior, behavioral models of individual performance, cognitive models involving detailed mechanisms, representations, and processes, as well as biological/physiological models of neural circuits, brain regions, and other detailed biological processes. (shrink)

The aim of this study was to describe specialist ambulance nurse students’ experiences of ethical conflicts and dilemmas in prehospital emergency care. In the autumn of 2015, after participating in a mandatory lecture on ethics, 24 specialist ambulance nurse students reported experiences and interpretations concerning conflicts and ethical dilemmas from prehospital emergency care. The text consisted of 24 written critical incidents which were interpreted using hermeneutic text interpretation. The text revealed three themes: Not safeguarding a patient’s body and identity; Not (...) agreeing on the care actions; and Not treating the patient with dignity. The SANs experiences ethical dilemmas and conflict of values when they witness how others violate a patient’s dignity. Discussion and reflection is based on ethical conflicts and dilemmas experienced when students see how caregivers do not safeguard the patient’s body or identity. When caregivers have a conflicting will, it results in patients not being treated in an ethical manner. Also, seeing how caregivers put themselves in a power position over patients is described as an ethical dilemma that students experience when they choose not to intervene. (shrink)

Feminist Ethics and Narrative Ethics This article defines feminist ethics and narrative ethics and then explores the intersection of the two. A narrative approach to ethics focuses on how stories that are told, written, or otherwise expressed by individuals and groups help to define and structure our moral universe. Specifically, narrative ethicists take the practices … Continue reading Feminist Ethics and Narrative Ethics →.

Si la praxéologie mérite aujourd’hui notre attention, c’est parce qu’elle permet de remonter aux origines des « théories de l’action », des sociologies de l’action ou des philosophies de l’action qui ont marqué le xxe siècle. Que veut dire, au fond, étudier l’action, en proposer ensuite une théorie, à visée soit descriptive soit normative? Dans ce qui suit, on va étudier la question en compagnie de Tadeusz Kotarbiński (1886-1981), philosophe analytique, et de Harold Garfinkel (1917-2011), sociologue hétérodoxe. Ce texte défend (...) l’idée selon laquelle parmi les conséquences les plus marquantes du travail de Garfinkel se trouve la démystification de la « théorie de l’action », et que certaines intuitions similaires sont déjà très présentes chez Kotarbiński (dont les travaux sur l’action constituent, selon Garfinkel, un « échec extrêmement important »). La praxéologie chez les deux auteurs n’est pas une discipline, mais une façon de voir la pratique étudiée comme un tout, à l’instar des recherches menées par les théoriciens de la Gestalt. La dimension athéorique de l’étude de l’action humaine proposée ici permet d’espérer qu’un jour, les phénomènes qui nous entourent vont pouvoir être étudiés pour ce qu’ils sont, et non pas pour ce qu’une théorie élégante permet d’en dire. (shrink)

This article reviews the book The Philosophy of Early Christianity, by George E. Karamanolis.

Background: Discussing direct-to-consumer advertising of prescription drugs during a visit could affect prescribing practices and provider–patient relationship. Research objectives: The study examines advanced practice nurse prescribers’ perceptions of direct-to-consumer advertising and its effects on nurse–patient relationship, prescriptive authority, and appropriateness of patient clinical requests. Research design: A cross-sectional survey design was implemented. Participants and research context: The random sample consisted of 316 nurses (27.17% response rate) in one of the Midwestern states in the United States. Pearson’s chi-square analysis and multiple/multinomial (...) logistic regression analyses were used. Ethical considerations: Permission to conduct the study was obtained from the university’s Institutional Review Board. Participation was voluntary, and measures were taken to protect the anonymity and confidentiality of consenting participants. Findings: Most nurses (69%) believed that patients were “poor or very poor” at assessing the relevance of drug advertisements, 61% reported that the increase in drugs advertisements directed at patient was “a bad or a very bad thing,” and only 16% thought the advertisements were accurate to “a very or to a great extent.” Improved nurse–patient relationship was associated with factors such as the patient not bringing printed material, seeking nurse’s opinion only, taking responsibility for their health, and not challenging nurse’s prescriptive authority. Discussion: Advertising discussion during a visit could improve as well as pose a challenge to a nurse–patient relationship and nurse’s prescriptive authority. Conclusion: The positives of discussing advertising information can be maximized and the negatives minimized through enhanced interpersonal nurse–patient communication. (shrink)

Abstract:The introduction of the kilometer in nineteenth-century Europe, within a context of broader processes of standardization and capitalism and the proliferation of maps and railways, has been associated with the disembodiment, deindividuation and decontextualization of travel. This article offers a critique of this notion by examining the various meanings different units of distance had for travelers; to what extent these units were related to the body and the physical activity of travel; and whether these relations changed between the 1770s and (...) 1910s. Focusing on texts of instruction and texts about travelers' own journeys, written in the Dutch, German, English and French languages, the article argues that a number of more embodied ways of describing distances survived alongside more standardized measures. (shrink)

Both scientists and representatives of industry claim that important advantages can be secured through advances in biotechnology. However, the European public views new developments with caution, in particular when the applications concern animals and food. These differences in attitude cannot be explained merely in terms of differences in knowledge but also seem to be the upshot of contrasting values. One way to understand moral opinions and values is to view them against the background of so-called ethical theories. In this paper (...) we seek to describe the theoretical foundations of different public concerns over animal biotechnology. We also discuss the extent to which the values adhered to by the public are compatible with the visions of scientists regarding applications of biotechnology and other practices involving animals. We conclude that, in general, public worries about animal biotechnology can be located in the different ethical theories with bearings on animals. However, in most cases where biotechnology is found problematic, corresponding problems can be found in other widespread uses of animals that do not involve modem biotechnology. In recognition of this, we argue that the critical analysis not only of new biotechnology but also of existing technologies, gives rise to a-serious discussion of the limits to what it is ethically acceptable to do to animals. (shrink)

The concept of enhypostaton was introduced into theological discourse during the sixth-century Christological debates, and aimed to elucidate the orthodox doctrine of the unity of two natures in the singular hypostasis of Christ. In spite of the fact that the conceptual content of the term is recognized by contemporary scholarship as pertaining to the core of Christology, the notion of enhypostaton is often described as obscure and not clearly defined. The coining of the term is often ascribed to Leontius of (...) Byzantium, whereas in fact he only followed and developed solutions already introduced into Christological discourse by John the Grammarian. The article aims to clarify the notion by offering a philosophical account of the meaning and theoretical origins of “enhypostaton,” as introduced by John the Grammarian in the context of his discussion of substance as en-hypostatical being. Enhypostaton emerges as the proper way of describing the ontological complements of a particular entity. This seems to be a significant development in the philosophical explanation of substance. (shrink)

A literature review of 98 articles concerning clinical pain research in newborn infants was conducted to evaluate how researchers report the ethical issues related to their studies and how journals guide this reporting. The articles were published in 49 different scientific journals. The ethical issues most often mentioned were parental informed consent (94%) and ethical review approval (87%). In 75% of the studies the infants suffered pain during the research when placebo, no treatment or otherwise inadequate pain management was applied. (...) Discussion about benefits versus harm to research participants was lacking. A quarter of the journals did not have any ethical guidelines for submitted manuscripts. We conclude that ethical considerations did not play a significant role in the articles studied. Missing and superficial guidelines enable authors to offer studies with fragile research ethics. (shrink)

The establishment of a Research Ethics Committee (REC) is a significant step to ensure the standard procedures in ethics review process that protect human participants. However, in instances when RECs are not yet established, surrogate activities are practiced by some institutions. The objective of this study was to identify prevailing research ethical practices of research directors and faculty researchers in the absence of a research ethics committee in their respective academic institutions. Specifically, it aimed to explore the participants’ 1) experiences (...) in research subject protection and 2) challenges when there is no existing REC in the institution. Participants were selected from universities in Manila City whose institutions did not have RECs at the time of the conduct of this study. Key informant interviews and focus group discussions were used as approaches for data collection. The authors used NVivo to organize data from the transcribed audio-recorded interviews and were analyzed utilizing a basic interpretive qualitative approach. Based on the results, surrogate practices of participants involved (1) providing “informed consent forms” to target participants and the (2) roles of different personalities in the evaluation/conduct of the research paper. Implications of this study and recommendations were likewise discussed in this paper. (shrink)

Monstrosity has its recognized place in cultural narratives but in philosophical discourse it remains mostly untouched. In my paper I make an attempt at phenomenological inquiry into the experience of the Other’s monstrous body. I am beginning with some remarks concerning Georges Canguilhem and Michel Foucault, the philosophers who devoted some attention to the problem of monstrosity and the monstrous, but my analysis is mainly based on the works of Bernhard Waldenfels, Edmund Husserl and Maurice Merleau-Ponty. Waldenfels emphasizes that the (...) corporeal self is somehow perceived as alien, always somewhat distanced and not totally graspable. He also argues that the closer the Other, the stronger activation of the boundary between the spheres of the ownness and the alienness is caused. A promising framework for the analysis of the ambivalent reaction brought about by the encounter with a monstrous human body can be provided by Husserl’s phenomenological inquiry into the process of pairing, developed in his Cartesian meditations. It seems that in this experience the pairing process is frustrating and deranged because the process of apperception is disturbed by a cluster of untypical or quite unique characteristics of the monstrous body. In result, its sense remains unclear, puzzling and challenging. Interesting light on the experience of the Other’s monstrous body could shed Merleau-Ponty’s phenomenology, especially the ideas of flesh and chiasm outlined in his last work. The radical character of the monster, while does not render it something totally different from the own, elucidates, however, the contingency of the order under which the human corporeality is subsumed. (shrink)

Upon delving into Chinese philosophy I have come to realize that Chinese philosophy is indeed rich and comprehensive, even though Chinese philosophy and the history of Chinese philosophy are different from the history of Western philosophy. Although Western society and Chinese society follow common laws, each has its own distinctive characteristics. Similarly, while Western philosophy and Chinese philosophy likewise follow common laws, each has its own distinctive characteristics. The scope of the history of Chinese philosophy cannot be determined by that (...) of Western philosophy, nor can the scope of Western philosophy be determined by that of Chinese philosophy. The most outstanding periods of Western philosophy have been the ancient and modern periods. The most outstanding period of Chinese philosophy was that of the Spring and Autumn era through the early Qing period. This was due to the differences between the two societies. In the West, both the slave system and the bourgeois revolution were much more highly developed than they were in China. China had a brilliant feudal culture and subsequently China's brilliant feudal philosophy simply had a different style from that of Western philosophy. I remember that Comrade Hou Wailu came to the following conclusion: that the style of the Western philosopher was that of a wise man [zheren], while the style of the Chinese philosopher was that of a worthy man [xianren], My impressions are similar. Western philosophers usually discussed the problems of cognition and knowledge, while Chinese philosophers usually talked and wrote about questions of politics and ethics. What they have had in common is the fact that both have discussed only the general or universal laws of nature, society, and human thought. This Marxist definition of philosophy has held true both in the East and in the West. It is said that Ridannov defined the history of philosophy as being the history of the beginnings and development of materialism. Not having his works at hand, I cannot substantiate this. But I feel that such a definition is rather narrow. The history of philosophy should discuss the history of the development of man's knowledge of nature, society, and human thought, including both the history of the rise and development of materialism and the history of the rise and development of idealism. Only by interweaving the two can we arrive at a full history of philosophy. I do not know whether or not such an understanding on my part is correct. In any case, I have to write in accordance with my own understanding; otherwise I could not write at all. (shrink)

This study in 29 Chinese organizations contributes to our understanding about work-related values in China. Empirical research in Chinese organizations indicates differences in work-related values between different age groups. The authors compared people (older age group) with work experience from the pre-reform period – pre-1978 China, with those who started their work life in a society that had already changed and become open to foreign investments (younger age group). The authors created a model of institutionally sensitive work-related values. The results (...) could help multinational companies achieve competitive advantage. (shrink)