This study explored the relation between state medical liability reform measures, hospital malpractice costs, and hospital solvency. It suggests that state malpractice caps are desirable but not essential for improved hospital financial solvency or viability.

1. Kant on the “Conditions of the Possibility” of Experience -- Claude Piché // 2. Plato and Kantian Transcendental Constructivism -- Tom Rockmore // 3. Kant and Fichte on the Notion of (Transcendental) Freedom -- Violetta L. Waibel // 4. Fichte, Transcendental Ontology, and the Ethics of Belief -- Steven Hoeltzel // 5. Transcendental Philosophy as “Therapy of the Mind”: Fichte’s “Facts of Consciousness” Lectures -- Benjamin D. Crowe // 6. From Transcendental Philosophy to Hegel’s Developmental Method -- William F. (...) Bristow // 7. How Transcendental Is Cohen’s Critical Idealism? -- Halla Kim // 8. Heidegger’s Failure to Overcome Transcendental Philosophy -- Eric S. Nelson // 9. Others as the Ground of Our Existence: Levinas, Løgstrup, and Transcendental Arguments in Ethics -- Robert Stern // 10. Raising Validity Claims for Reasons: Transcendental Reflection in Apel’s Argumentative Discourse -- Matthias Kettner // 11. Transcendental Arguments Based on Question-Answer Contradictions -- Yukio Irie // 12. Consequences of the Transcendental-Pragmatic Consensus Theory of Truth -- Michihito Yoshime // 13. On Jürgen Habermas’s Cognitive Theory of Morality -- Yasuyuki Funaba . (shrink)

The aims of this book are to “explain the concept of an inalienable right,” “show why it is morally justifiable to ascribe inalienability to some legal rights,” and “examine in more detail some selected rights”. Inalienability of rights is said to be particularly pertinent in bioethics since, for example, if the right to life is inalienable, it would seem that euthanasia and assisted suicide would be impermissible. I will limit my comments to McConnell’s discussions of the first two aims and (...) his discussions on euthanasia and assisted suicide. Given the highly contentious nature of the debate over euthanasia and assisted suicide, the possibility of illuminating that debate through a study of inalienable rights is quite attractive. (shrink)

The purpose of this study was to examine how young publics in the United States and South Korea perceive the corporate social responsibility (CSR) practices of multinational corporations and evaluate the effectiveness of CSR practices in terms of organization–public relationship (OPR). Results showed that young publics in the United States and South Korea differently characterized CSR practices of multinational corporations and evaluated relationships with them. Young American participants evaluated the CSR practices of multinational corporations more favorably than did the young (...) Korean participants. In addition, four CSR practices (internal environment, moral, discretionary, and relational) were associated with OPR dimensions in the United States, while only relational CSR practices were significantly related to OPR dimensions in South Korea. Overall, the findings highlight that cultural and societal meanings were embedded in identifying CSR practices and evaluating the relationship with multinational corporations involved in CSR practices. (shrink)

We offer a precautionary account of why business managers should proactively rethink about what kinds of automation firms ought to implement, by exploring two challenges that automation will potentially pose. We engage the current debate concerning whether life without work opportunities will incur a meaning crisis, offering an argument in favor of the position that if technological unemployment occurs, the machine age may be a structurally limited condition for many without work opportunities to have or add meaning to their lives. (...) We term this the axiological challenge. This challenge, if it turns out to be persuasive, leads to a second challenge, to which managers should pay special attention: the teleological challenge, a topic especially relevant to the broad literature about corporate purpose and governance. We argue that both the shareholder profit-maximization model and its major alternative, stakeholder theory, are insufficient to address the meaning crisis. Unless rebutted, the two challenges compel business leaders to proactively rethink the purpose of business for future society. Otherwise, businesses will be contributors to a major ethical crisis and societal externality in the coming society. (shrink)

The Mohists may have been the first consequentialists on earth. Their most important principles are that right action is what benefits the world and that the underlying outlook for benefiting the world is inclusive care, whereby each person receives equal consideration. The early Mohists are clearly objective-list consequentialists, whereby benefiting the world amounts to promoting the most basic goods. Stephens argues that the later Mohists shift to a preference-satisfaction consequentialism whereby benefiting the world amounts to promoting what happens to please (...) individual people. Stephens argues that while the direct texts are ambiguous between an objective-list interpretation and a preference-satisfaction interpretation, the latter better explains later Mohist engagement with opponents. I argue that the direct texts actually preclude Stephens’ preference-satisfaction interpretation, which moreover has the later Mohists concede an implausible amount to their opponents. (shrink)

In ‘Justice and Natural Resources,’ Chris Armstrong offers a rich and sophisticated egalitarian theory of resource justice, according to which the benefits and burdens flowing from natural resources are ideally distributed with a view to equalize people’s access to wellbeing, unless there are compelling reasons that justify departures from that egalitarian default. Armstrong discusses two such reasons: special claims from ‘improvement’ and ‘attachment.’ In this paper, I critically assess the account he gives of these potential constraints on global equality. I (...) argue that his recognition of them has implications that Armstrong does not anticipate, and which challenge some important theses in his book. First, special claims from improvement will justify larger departures from the egalitarian default than Armstrong believes. Second, a consistent application of Armstrong’s life plan-foundation for special claims from attachment implies that nation-states may move closer to justify ‘permanent sovereignty’ over the resources within their territories than what his analysis suggests. (shrink)

This paper aims to investigate the philosophical thought and moral practice of a Korean neo-Confucian female scholar named Kang Chŏngildang 姜靜一堂, who not only believed in moral equality between men and women and the possibility of female sagehood but actually empowered herself to become a moral paragon. Furthermore, Chŏngildang’s strong faith in moral equality between men and women enabled her to engage in social criticism of the existing educational system and social norms which discriminated against women, not by overcoming neo-Confucianism, (...) commonly understood as essentially androcentric and patriarchal, but by wholeheartedly embracing and further re-appropriating it in the service of women’s moral self-empowerment and moral perfectibility. After explicating why Chŏngildang nonetheless subscribed to gendered roles and female virtue with reference to her neo-Confucian worldview, I suggest that she can be called a harbinger of Confucian feminism. (shrink)

In his recent book, Zhuoyao Li presents one of the most pointed criticisms of Confucian democracy from a political liberal standpoint. Li’s central argument is that liberal democracy, predicated on Rawlsian political liberalism, is the only legitimate form of democracy in East Asia’s pluralist societal context. Li advances his normative argument against Confucian democracy, first by reaffirming Rawls’s public conception of morality, then shifting his point of reference from Rawls to Alessandro Ferrara, and finally, defending a multivariate democracy in East (...) Asia’s pluralist societal context from the viewpoint of Ferrara’s idea of hyperpluralism. In this paper, I defend Confucian democracy as a viable political theory in pluralist East Asia by critiquing Li’s change of the point of reference from Rawls to Ferrara, his imposition of the condition of hyperpluralism on East Asia, and his sweeping logical framework that allows no normative space for Confucian democratic theory. (shrink)

There is nothing like an overwhelming consensus of opinion to encourage a less than rigourous approach to analyzing complex ethical issues. Unfortunately, this is nowhere more apparent than in the discussion of human reproductive cloning contained in the federal House of Representatives Standing Committee on Legal and Constitutional Affairs’ report on human cloning, released last August The report may well fulfil the first half of its project, namely the empirical task of adequately summarizing and categorizing the various submissions made to (...) the Committee. However, it is clearly inadequate as a discussion of the ethical and legal permissibility of human reproductive cloning. (shrink)

Terraformer les planètes lointaines pour les rendre aptes à porter des vies humaines nourrit sans doute des imaginations littéraires, mais ce que nous appelons « vie » reste pour le moment étroitement attaché à notre planète Terre.

While, as Marx argued, periods of expanded accumulation present the best conditions for increasing working-class living standards, the expansion that began in 1982 was based in large part on the rapidfallin the value of labour-power in the US. This recovery and rapid rise in the rate of surplus-value in the US was enabled by the collapse of union-resistance beginning in 1979 and the strategic choices made by union-leaders across the economy from that time on. The expansion was sustained in the (...) 1980s by dramatic work-reorganisation, enabled by the embrace of labour-management cooperation-schemes by much of the trade-union leadership, and the restructuring of several major industries that undermined the industry-wide bargaining on which rising postwar incomes had been based. Productivity, boosted by lean production-methods, would continue to outstrip real wages up until the ‘Great Recession’ of 2008 and resume again in the wake of a weak recovery in the US. The rapid geographic expansion of capital after 1990 provided new investment-possibilities, as did the explosion of financial instruments. What stands out, however, is that rising productivity, far from providing the basis for increases in working-class income, had become coupled with flat or declining real wages and a fall in the value of labour-power as the necessary condition to sustain almost any level of growth in the real economy. The link between productivity and wage-increases, central to Keynesian and institutional collective-bargaining theory, had been broken and Marx’s idea of the most favourable conditions stood on its head. The breaking of this link had, in the final analysis, been an outcome of class-struggle in which capital had the upper hand. All of this underlines the failed strategies and practices of most of the trade-union leadership in the US since 1979. New approaches to the workplace and broader forms of mobilisation will be needed. Signs of worker-resistance to the latest neoliberal clampdowns in Latin America, Europe, China, and even the US, however, may point to a renewed era of intensified class-struggle. (shrink)

Language is at the core of the cognitive revolution that has transformed that discipline over the last forty years or so, and it is also the central paradigm for the most prominent attempt to synthesise psychology and evolutionary theory. A single and distinctively modular view of language has emerged out of both these perspectives, one that encourages a certain idealisation. Linguistic competence is uniform, independent of other cognitive capacities, and with a developmental trajectory that is largely independent of environmental input (...) (Pinker 1994; Pinker 1997). Thus language is seen as a paradigm of John Tooby and Leda Cosmides’ concept of “evoked culture”: linguistic experience serves only to select a specific item from a menu of innately available options (Tooby and Cosmides 1992). In explaining this concept, they appeal to the metaphor of a jukebox. The human genome pre-stores a set of options, and the different experiences provided by different cultures select different elements out of this option set. I think an appropriate evolutionary perspective on language substantially undercuts this idealisation and the evoked culture model of language. Variability between speakers; the sensitivity of linguistic development to environmental input; and the limits of encapsulation are not noise. They are central to the language and its evolution. (shrink)

Although many accept the Rawlsian distinction between ‘end-state’ and ‘transitional’ principles, theorists disagree strongly over which feasibility constraint to use when selecting the former. While ‘minimalists’ favor a scientific-laws-only constraint, ‘non-minimalists’ believe that end-state principles should also be constrained by what people could (empirically) accept after reasoned discussion. I argue that a theorist who follows ‘non-minimalism’ will devise end-state principles that cannot be realized (as end-state principles), or cannot be stabilized (as end-state principles), or are indistinguishable in content from those (...) she would have selected had she followed ‘minimalism.’ The paper ends by outlining the implications of my analysis for the broader methodological map of political philosophy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Christ as the Truth, the Light, the Life, but a Way?Bokin KimA conservative Korean Presbyterian pastor asks me what I know about Christ. He asks again what a Buddhist can know about Christ. He claims that Christ cannot be understood from the other aspects of view, but only from the Christian view. Then do I know at all about Christ?My Buddhist understanding of Christ does not start with how (...) Christ has been understood in the Christian context. My understanding is based on the reading of the Christian scripture. My reading of the scripture is guided by Sot’aesan’s understanding of Christianity. 1According to my reading, the Bible presents two meanings of Christ: Christ in the transhistorical sense and Christ in the historical sense. The meaning of Christ as the Truth, the Light, and the Life represents a Christ in the transhistorical sense. The meaning of Christ as a way represents a Christ in the historical sense. Because Jesus did not make any distinction or clarification between these two meanings, it is obvious that even the Christian tradition has confusion on the meaning of Christ. As a result, most Christians hold to an exclusive view of Christ that claims his uniqueness.My attribution of two meanings of Christ is derived from a similar distinction in Buddhism. Buddha in the transhistorical sense represents the universal nature of Buddha, which is identical with Truth. Truth can be replaced by other terms, such as Light or Life. Buddha in the historical sense means the historical nature of Buddha. In this sense, Buddha is unique and should not be depicted as absolute nor as universal. Likewise, Christ can be construed in these two ways.Christ as the Truth, Light, and LifeWhen I read the description of Christ as the Truth, Light, and Life in the Gospel according to John, I feel a strong urge to replace Christ with the term Buddha—not Gautama Buddha but Dharmakaya Buddha. Here Christ refers to the source of the historical Christ just as Dharmakaya Buddha is the source of historical Buddha. In this sense, Christ cannot be compared with any beings in the world and thus is being described absolutely. Christ only is the Truth, Light, and Life. Similarly, there is a Zen koan saying, “Buddha alone exists.”Here the terms Christ and Buddha do not point to historical figures such as Jesus of Nazareth and Siddhartha Gautama. According to a story related to the compilation of Buddha’s teaching, Ananda, who heard Buddha talk the most, was excluded from the committee of compilation. The reason was that Ananda saw the corporal aspect of the Buddha only, but he could not meet the spiritual aspect of the Buddha. [End Page 76] The term awakening in the Buddhist tradition refers to understanding the absolute or universal nature within each transient being.It seems wrong if one claims that only Christ, not Buddha, is the Truth, Light, or Life. By the same token it is wrong to say that Buddha alone, not Christ, exists in eternity. It is wrong to identify historical figures such as Jesus or Gautama with the Truth, Light, or Life. It is more erroneous to exclusively describe only one historical figure as the Truth, Light, or Life. According to my understanding, the terms Christ and Buddha are not the starting point for arguing the uniqueness of the historical Jesus or Gautama but for awakening our absolute or universal nature. That is, Christ as Truth, Light, and Life is our true nature or true self. In this nature there is no distinction between Christ and Buddha, between Christ and me, or between Buddha and me.Regardless of how our foundation is named—Christ (or God), Buddha (Dharmakaya Buddha), Tao, or Wu-chi—our foundation is the basis from which religions are originated.Christ as a WayChrist is a way to our foundation—in other words, the Truth, Light, and Life. Christ’s way is faith/grace. Jesus taught that the faith in God and grace from God would bring forth salvation to the believers. Similarly, Buddha is a way to the Truth, Light, and Life. Buddha’s way is practice/enlightenment... (shrink)

BackgroundIn 2019, the Constitutional Court of South Korea ruled that the anti-abortion provisions in the Criminal Act, which criminalize abortion, do not conform to the Constitution. This decision will lead to a total reversal of doctors’ legal duty from the obligation to refuse abortion services to their requirement to provide them, given the Medical Service Act that states that a doctor may not refuse a request for treatment or assistance in childbirth. I argue, confined to abortion services in Korea that (...) will take place in the near future, that doctors should be granted the legal right to exercise conscientious objection to abortion.Main textConsidering that doctors in Korea have been ethically and legally obligated to refrain from abortions for many years, imposing a universal legal duty to provide abortions that does not allow exception may endanger the moral integrity of individual doctors who chose a career when abortion was illegal. The universal imposition of such a duty may result in repudiation of doctors as moral agents and damage trust in doctors that forms the basis of medical professionalism. Even if conscientious objection to abortion is granted as a legal right, most patients would experience no impediment to receiving abortion services because the healthcare environment of Korea provides options in which patients can choose their doctors based on prior information, there are many doctors who would be willing to provide an abortion, and Korea is a relatively small country. Finally, the responsibility to effectively balance and guarantee the respective rights of the two agents involved in abortion, the doctor and the patient, should be imposed on the government rather than individual doctors. This assertion is based on the government’s past behaviours, the nature of its relationship with doctors, and the capacity it has to satisfy both doctors’ right to conscientious objection and patients’ right to legal medical services.ConclusionWith regard to abortion services that will be sought in the near future, doctors should be granted the legal right to exercise conscientious objection based on the importance of doctor’s moral integrity, lack of impediment to patients, and government responsibility. (shrink)

This article examines several key aspects of maternity homes for ‘unwed mothers’ in order to understand the overwhelming phenomenon of single mothers giving up their babies for adoption in South Korea and its naturalization as a common practice. Drawing upon Foucault’s concept of biopolitics, this article recasts maternity homes as an institution of biopolitical welfare and highlights two features of social governance that the maternity home extends over the population of single mothers and their children. First, I argue that this (...) unique, non-governmental social service agency functions as a hub of biopolitical technologies, where multiple social, legal, economic, and political forces work in concert to curb single motherhood through the promotion of adoption via (1) containment, (2) classification, and (3) circulation. Second, attending to the intricate dynamics of maternity home practices, this article observes the ways in which a single mother relinquishes her motherhood via adoption and, in so doing, becomes a birthmother, a self-regulating and self-governable subject. (shrink)