Résumé: L’image du “Dragon baignant le prince” est un thème important dans l’art bouddhique. L’image est née en Inde, et pendant le processus de propagation du bouddhisme vers l’est, elle est apparue dans le Xinjiang, le Gansu, le Qinghai, le Shanxi, le Shaanxi, le Henan, le Shandong, le Jiangsu, le Sichuan, le Tibet et d’autres endroits en Chine. Cependant, la forme et le contenu de ces images sont différents selon les régions et les périodes. L’étude de cette différence est non (...) seulement propice à la compréhension du processus de sinisation de l’art bouddhiste indien, mais approfondit également la compréhension du contenu spécifique de l’échange de l’art bouddhiste l’art entre la Chine et l’Inde. (shrink)

Many people experience feelings of inferiority in their life. The concept of striving to avoid inferiority is a belief associated with the unwanted fear of being overlooked, missing out on opportunities for advancement, and active rejection. This study examined the effect of striving to avoid inferiority on mental health and well-being. We hypothesized that striving to avoid inferiority would modify the relationship among socioeconomic status, mental health, and well-being, therefore examined the effect of striving to avoid inferiority on the relationship (...) between annual income, mental health, and well-being. The participants were 491 adults. The results indicated that insecure striving in competition with others positively correlated with depression, anxiety, and stress, whereas secure non-striving in acceptance of inferiority positively correlated with the satisfaction with life and negatively correlated with depression. The effect of striving to avoid inferiority on the relationship among annual income, mental health, and well-being indicated that SNS affected the relationships between annual income and well-being, annual income and depression, income and anxiety, and the interaction between IS and SNS. Moreover, the relationship between income and stress was influenced by SNS and the interaction between IS and SNS. These results indicated that SNS or the interaction between IS and SNS were the only variables regulating the relationship among annual income, mental health, and well-being. These findings suggested that accepting feelings of inferiority or striving to avoid inferiority influences the mental health and well-being of people. (shrink)

Historical injustice and global inequality are basic problems embedded in territorial rights. In Global Justice and Territory Cara Nine advances a general theory of territorial rights adapting a theoretical framework from natural law theory to ground all territorial claims.

Cara Nine on how to decide where borders should be drawn.

Despite increasing interests and urgent needs for quality end-of-life care, there is no exact definition of what is the interval referred to as end of life or what end-of-life care is. The purpose of this article is to report our examination of terms related to end-of-life care and define end-of-life care from nursing ethics perspectives. Current terms related to end-of-life care, such as terminal care, hospice care, and palliative care, are based on a medical model and are restrictive in terms (...) of diagnosis and prognosis. Using codes of ethics for nurses as a framework, we attempt to identify people to whom nurses are responsible to provide end-of-life care and develop a definition of end-of-life care that is more inclusive and applicable to a broader range of people who would benefit from end-of-life care by nurses and other health-care providers. (shrink)

Ecological refugees are expected to make up an increasing percentage of overall refugees in the coming decades as predicted climate change related disasters will displace millions of people. In this essay, I focus on those rights ecological refugees may claim on the basis of collective self-determination. To this end, I will focus on a few specific cases that I call cases of ‘ecological refugee states’. Tuvalu, the Maldives, and to a certain extent, Bangladesh are predicted to be ecological refugee states (...) in the near future. These are states whose entire (or close to it) geographical territory is predicted to be lost to rising sea levels; the collective body of the people will itself become an ecological refugee.The question is: what may the people of an ecological refugee state legitimately claim on the basis of their right to self-determination? Should we redraw state borders to accommodate a New Tuvalu? I argue that a plausible position regarding territorial rights is that when (1) a people clearly is (or recently was) self-determining and has a legitimate claim to continue to be self-determining, and (2) the self-determination of a people is existentially threatened because the people lacks territorial rights, that (3) the people becomes a candidate for sovereign over a new territory. The result is that existing state borders may need to change to accommodate something like a New Tuvalu. To generate these results on behalf of ecological refugee states, I examine the principles of the system of territorial states. Because the system of territorial states is a system of exclusive rights over goods, especially land, it is possible that it is subject to the conditions of a Lockean proviso mechanism. This paper is dedicated mainly to adapting a version of the Lockean proviso for use in territorial rights theory. (shrink)

Do territorial rights include the right to exclude? This claim is often assumed to be true in territorial rights theory. And if this claim is justified, a state may have a prima facie right to unil...

In Sharing Territories, Cara Nine defends a river model of territorial rights. On a river model, groups are assumed to be interdependent and overlapping. Drawing on natural law philosophy, Nine's theory argues for the establishment of foundational territories around geographical areas like rivers.

I will argue that understanding language is simply another form of sensory perception of the world. I have already argued that perception is a way of understanding natural signs or, better, of translating natural signs into intentional signs. So this will help pave the way to the view that understanding language is very much like understanding natural signs. A sign of a world affair that in turn signs a second world affair is itself a sign of that second affair (Chapter (...) Four). Similarly, if the second sign is a sign of a third --and so forth. And there is always a direct semantic mapping function from the first sign to the last affair signified. A certain sound may signify that the dehumidifier has come on when heard from our bedroom at home, and this in turn may signify that the local power failure is over (a frequently recurrent sign in the rural area where we live). In our summer cabin an indistinguishable sound may signify that the refrigerator has come on, in turn signifying that we are not yet out of propane. To interpret these signs, you must be sensitive to the sign domains they inhabit. But in this case, the domain in which the sound signals the dehumidifier and the domain in which the dehumidifier signals the power are the same. Likewise, the domain in which the sound signifies the refrigerator and the refrigerator signals a non-empty propane tank are the same. A child then might simply hear the dehumidifier sound as the sound of electric power coming on, not being aware that it is the dehumidifier that produces what she reads as a sound of electric power, or the child might hear the sound of the refrigerator directly as a sign of propane hence that we won't have to go to town today for gas. Similarly, suppose that certain patterns on the rabbit's retina are natural signs signifying presence of a fox and these patterns mediate between the fox and the rabbit's awareness of the fox. It will not be necessary that the rabbit possess an intentional representation of the retinal patterns in order to recognize the fox.. (shrink)

Territorial rights come with both costs (war, inequality and oppression) and benefits (political participation, coordinated use of resources). The immense importance of these normative aspects of territorial rights solidifies our need for a principled theory of territory. With globalisation and transnational interactions, a cosmopolitan account of territorial rights is required – it should justify territorial authority generally. This generalised justification must also provide an account of the special, normative relationship that certain groups have with certain lands and resources, providing groups (...) with special claims to particular lands. Since democratic theory values territoriality for its necessary relationship to equality and individual autonomy, a comprehensive democratic account of territorial rights presents a real possibility for explaining territorial claims from cosmopolitan ideals. Unfortunately, democratic accounts of territoriality suffer a serious drawback; they cannot give a comprehensive account of self-determination rights over particular land and resources. On the contrary, democratic theory addresses only persons – how they should be treated and how their associations should be organised. The first half of this article explains how democratic accounts of self-determination are wanting in specific ways. The second half presents an alternative account of the right of self-determination and territorial rights as a feature of compromise. Because compromise is an essential element of democracy and an important element of justice, it can be used to explain the unique connection that democracies have with a particular territory. Through this theory of compromise, we can explain the scope, longevity and breadth of a democracy's territorial rights from cosmopolitan ideals. However, this account has acute limitations. As merely an initial sketch of theoretical connections between democracy and territory, it does not yet offer an account of the complicated territorial issues of transnational democratic associations. In fact, the theory from compromise reveals a vital obstacle for the establishment of borders, especially in cases of possible secession. (shrink)

Emotions situate actors in relationships and shape their social interactions. Culture defines both the qualities of individual identity and the constitution of social groups with distinctive values and practices. Emotions, then, are necessarily experienced and acted upon in culturally inflected forms that define not only the conventions of their articulation through individual and collective action, but also the very words that name them. This article develops theoretical arguments to support these claims and illustrates their application in a description of differing (...) emotional repertoires, and their consequences, in Aotearoa New Zealand. The effects of resentment and shame in an ethnic politics of rights and antidiscrimination law demonstrate that context is central to a nuanced understanding of how law and emotions connect in the practicalities of enforcing the protections of anti-discrimination law. (shrink)

This article examines theories of ocean rights based on the works of Hugo Grotius and Samuel von Pufendorf. Grotius's object‐centred view uses features of the natural world to justify claims to external objects. I show that Grotius's view is inadequate, because it relies on an outdated claim that oceanic resources are sufficiently abundant for anybody to use. Further, adaptations of his view are wanting, because they either rely on arbitrary distinctions or disregard the values of cultural minorities. Pufendorf's relational view (...) constructs rights through the exercise of human will. While Pufendorf believes that agreements create rights, he also argues that property rights can be unilaterally acquired from the commons without express consent from others. The relational view is a viable alternative to the object‐centred view, because it both delimits territorial claims over the ocean to a ‘modest’ size and also respects cultural variability. A major aim of this article is to present Pufendorf's theory of territorial rights extended over oceans and to demonstrate how it is useful for assessing contemporary disputes. In the final sections, I apply the relational view to Canadian claims to the Northwest Passage, and I also sketch implications for assessing expanding claims to the seabed. (shrink)

In ‘What’s Wrong with Colonialism,’ Lea Ypi argues that the wrong of colonialism can be expressed as procedural wrongs, not as wronging territorial rights. On her view, colonial practices went wrong in two ways: they forced residents into political associations, and the terms of the political association were not established through equal and reciprocal negotiations. I argue that because Ypi’s account successfully side-lines all but essential claims to territory, her theory ends up being vulnerable to an objection it means to (...) avoid. Historical residents may be subject to unequal treatment under newly formed political associations because their historical patterns of land use are not considered to have any independent moral weight. My analysis does not rely on any appeal to property or territorial rights. Instead, I appeal to pre-existing obligations holding between residents. (shrink)

In this paper, I critically examine an important premise in theories of global distributive justice that, despite its widespread influence, has remained largely unexamined. This is the claim that state borders are morally arbitrary with respect to a just distribution of goods. I examine two common arguments for this claim, the argument that state borders are historically unjust and therefore morally arbitrary; and the argument first made by Charles Beitz that the conditions of a fair, hypothetical social contract would not (...) include knowledge of one's location with respect to the distribution of natural resources between state borders. I argue that there are good reasons to reject both arguments. Beitz's immense contribution to international justice can be gauged by the fact that it is difficult to find a contemporary work on global justice that does not reference his arguments in Political Theory and International Relations . Although some authors find Beitz's cosmopolitan theory objectionable, no author has, to my knowledge, criticized Beitz's pivotal arguments that our placement in the distribution of natural resources is morally arbitrary. The aim of this paper is to do just that. (shrink)

When people seek to overcome discrimination in employment they often appeal to the principle that ‘one should be hired on the basis of qualifications alone’. But do we know what the principle means? And would applying it solve the problems of discrimination in employment? We may take the claim to mean that certain aspects of a person such as her race, religion and attractiveness that are thought to be irrelevant to almost all jobs should not be considered in employment decisions. (...) But in this we would be mistaken. This paper argues that the concept of ‘qualification’, far from being purely descriptive, is morally loaded and a function of an employer’s choices and purposes. As a result, appealing to the principle alone cannot prevent discrimination for issues of discrimination in employment are embedded in the ethical issues of ownership, management and the social responsibilities of a business. (shrink)

This essay defends a strong right against displacement as part of a basic individual right to secure access to one’s home. The analysis is purposefully situated within the difficult context of climate change adaptation policies. Under increasing environmental pressures, especially regarding water security, there are weighty reasons motivating the forced displacement of persons—to safeguard water resources or prevent water-related disasters. Even in these pressing circumstances, I argue, individuals have weighty rights to secure access to their homes. I explain how the (...) home provides a functional context for conditions of autonomous agency. Being coerced from the home disrupts and subverts the conditions necessary for autonomous processes. I conclude by suggesting that the right to the home could be a foundational element of territorial rights. (shrink)

Background Despite the implementation of codes and declarations of medical research ethics, unethical behavior is still reported among researchers. Most of the medical faculties have included topics related to medical research ethics and developed ethical committees; yet, in some cases, unethical behaviors are still observed, and many obstacles are still conferring to applying these guidelines. Methods This cross-sectional questionnaire-based study was conducted by interviewing randomly selected 331 Lebanese physicians across Lebanon, to assess their awareness, knowledge and attitudes on practice regarding (...) international and national research ethics guidelines and scientific misconduct and misbehaviors. Results Our results revealed that although majority of participants declared familiar with ethical principles governing research that involves human subjects, the overall mean score achieved on their knowledge questions was 46%. Only 27.4% are aware of the presence of the Lebanese National Consultative Committee on Ethics, with only half of them aware of its functions and only 25.7% know about the charter of ethics and guiding principles of scientific research in Lebanon. Significant higher levels of research ethics knowledge were recorded among Ph.D. degree-holding subjects, higher university positions as in professors, research ethics trainings-attendees, and physicians with prior research experience. A significant correlation was observed between knowledge of research ethics principles and positive attitudes toward research ethics principles. Noteworthy, we found that more than one third of participants have reported witnessing scientific misconduct and misbehaviors at some period of their careers. Conclusions The presence of low mean awareness levels regarding research ethical principles among the study population of physicians and high levels of perception of scientific misconduct raises concern on the importance of implementing proper training for physicians on research ethics. (shrink)

This essay examines the most recent justifications for a people's exclusive right to resources as part of a territorial right. Divided into eight parts, the discussion covers contemporary philosophical discussion regarding: the conception of natural resources, the conception of resource rights, the general form of arguments supporting resource rights, arguments from self-determination, objections to arguments from self-determination, arguments from residence, arguments from improvement, and new directions for research in the future.

In this paper, we examine the extent to which the concept of emergence can be applied to questions about the nature and moral justification of territorial borders. Although the term is used with many different senses in philosophy, the concept of “weak emergence”—advocated by, for example, Sawyer (2002, 2005) and Bedau (1997)—is especially applicable, since it forces a distinction between prediction and explanation that connects with several issues in the dis-cussion of territory. In particular, we argue, weak emergentism about borders (...) allows us to distinguish between (a) using a theory of territory to say where a border should be drawn, and (b) looking at an existing border and saying whether or not it is justified (Miller, 2012; Nine, 2012; Stilz, 2011). Many authors conflate these two factors, or identify them by claiming that having one without the other is in some sense incoherent. But on our account—given the concept of emergence—one might unproblematically be able to have (b) without (a); at the very least, the distinction between these two issues is much more significant than has often been recognised, and more importantly gives us some reason to prefer “statist” as opposed to “cultural” theories of territorial borders. We conclude with some further reflections on related matters concerning, firstly, the apparent causal powers of borders, and secondly, the different ways in which borders are physically implemented (e.g., land vs. water). (shrink)

Background Advance care planning (ACP) is a process in which adults engage in an ongoing dialogue about future medical treatment and care. Though ACP is recommended to improve the quality of end-of-life care, the details of the dialogue experience in ACP are unknown. Objective To explore participants’ experiences of dialogue in an ACP educational program that encouraged them to discuss the value of a way of life. Research design This qualitative descriptive study used the focus group interview method. Data were (...) analyzed using qualitative content analysis. Participants and research context A dialogue-based ACP educational program was conducted in four regions in Japan for local citizens to discuss the value of their way of life. A total of 66 individuals (mean age = 55.5 ± 17.2 years; 50 women and 16 men) participated in focus group interviews. Ethical considerations This study was approved by the Ethical Review Committee of Tokyo Women’s Medical University (no. 4723) and Kyoto University (no. R2099). Findings Five main themes were extracted: discussing one’s thoughts with others in a considerate manner, reflecting on one’s way of life through others, feeling a sense of connection with others through storytelling, realizing the difficulties of talking about “what if” topics, and turning one’s eyes toward the future through the dialogue. These themes were interrelated and illustrated the complexity of the experience of discussing values. Conclusions The results suggest that dialogue in ACP is useful in clarifying values. They also indicated the need for dealing with the ethical challenges of discussing value and the importance of caring for the interlocutor to have a safe dialogue. In the ACP process, safety in dialogue may improve readiness in ACP, and health practitioners who support ACP need to address the ethical challenges entailing dialogue about values. (shrink)

We present three experiments using a novel problem in which participants update their estimates of propensities when faced with an uncertain new instance. We examine this using two different causal structures (common cause/common effect) and two different scenarios (agent‐based/mechanical). In the first, participants must update their estimate of the propensity for two warring nations to successfully explode missiles after being told of a new explosion on the border between both nations. In the second, participants must update their estimate of the (...) accuracy of two early warning tests for cancer when they produce conflicting reports about a patient. Across both experiments, we find two modal responses, representing around one‐third of participants each. In the first, “Categorical” response, participants update propensity estimates as if they were certain about the single event, for example, certain that one of the nations was responsible for the latest explosion, or certain about which of the two tests is correct. In the second, “No change” response, participants make no update to their propensity estimates at all. Across the three experiments, the theory is developed and tested that these two responses in fact have a single representation of the problem: because the actual outcome is binary (only one of the nations could have launched the missile; the patient either has cancer or not), these participants believe it is incorrect to update propensities in a graded manner. They therefore operate on a “certainty threshold” basis, whereby, if they are certain enough about the single event, they will make the “Categorical” response, and if they are below this threshold, they will make the “No change” response. Ramifications are considered for the “categorical” response in particular, as this approach produces a positive‐feedback dynamic similar to that seen in the belief polarization/confirmation bias literature. (shrink)

Background Massively parallel sequencing techniques, such as whole exome sequencing (WES) and whole genome sequencing (WGS), may reveal unsolicited findings (UFs) unrelated to the diagnostic aim. Such techniques are frequently used for diagnostic purposes in pediatric cases of developmental delay (DD). Yet policy guidelines for informed consent and return of UFs are not well equipped to address specific moral challenges that may arise in these children’s situations. Discussion In previous empirical studies conducted by our research group, we found that it (...) is sometimes uncertain how children with a DD will develop and whether they could come to possess capacities for autonomous decision-making in the future. Parents sometimes felt this brought them into a Catch-22 like situation when confronted with choices about UFs before undergoing WES in trio-analysis (both the parents’ and child’s DNA are sequenced). An important reason for choosing to consent to WES was to gain more insight into how their child might develop. However, to make responsible choices about receiving or declining knowledge of UFs, some idea of their child’s future development of autonomous capacities is needed. This undesirable Catch-22 situation was created by the specific policy configuration in which parents were required to make choices about UFs before being sequencing (trio-analysis). We argue that this finding is relevant for reconfiguring current policies for return of UFs for WES/WGS and propose guidelines that encompass two features. First, the informed consent process ought to be staged. Second, differing guidelines are required for withholding/disclosing a UF in cases of DD appropriate to the level of confidence there is about the child’s future developmental of autonomous capacities. Conclusion When combined with a dynamic consent procedure, these two features of our guidelines could help overcome significant moral challenges that present themselves in the situations of children undergoing genomic sequencing for clarifying a DD. (shrink)

Understanding the Ao Naga traditional religion detached from its colonial and Christian theological imprints is still in a very nascent stage. Literature review reveals that there are copious writings on Ao traditional religion, seemingly indicating that it is one of the most studied aspects of Ao society. Even though Ao traditional religion is the most studied aspect of Ao society, it is also one of the most misunderstood aspects of the society. Such misunderstanding stems from the bubble of references among (...) the academic writers concentrated on colonial and Ao theologians’ writings with negligible scrutiny. This paper is an attempt to break the bubble and challenge the mindscape by giving an alternative proposal. The first section critiques the colonial writings of J. P. Mills and W. C. Smith. The second section critiques work by Ao Christian theologians. In the last section, I propose a way of understanding Ao traditional religion gleaning from the work of contemporary animism. (shrink)

세계 다른 어느 곳에서도 인도처럼 뱀을 의미하는 나가(nāga)라는 용어가 신성하게 여겨지며 지명, 왕조의 혈통, 종교 문헌, 사원 건축 등에서 흔하게 발견되는 곳은 없을 것이다. 인도의 사신 관념은 고대부터 넓은 지역에 걸쳐 발전해왔을 뿐만 아니라, 힌두교와 불교를 통해 캄보디아, 버마, 태국 등 여러 아시아 지역에 토착 문화와 융합하며 발전하였다. 이런 이유로, 비록 문학이나 미술 분야에 제한적이긴 하지만 나가에 대한 연구는 인도학뿐만 아니라 다른 아시아 지역의 문화 관련 분야에서 많이 축적되어왔다. 하지만 종교 교리의 발전 과정에서 특정 대상에 대한 관념은 그 관념이 형성된 (...) 사회와 밀접한 연관성을 지닌다는 것은 누구나 쉽게 인정하면서도, 아직까지 인도의 고대 종교에서 토착 신앙인 나가의 수용에 관한 연구는 찾아보기 어렵다. 따라서 이 연구에서는 베다 종교와 불교의 나가에 대한 입장을 정리하고, 두 종교의 신전에 나가가 자리하게 되는 과정을 재구성함으로써 인도 종교에서 나가 수용의 문제를 밝히려 시도한다. 그 결과, 베다 문헌에서 뱀에 대한 관념은 아리야인의 생산 활동의 변화에 따라 다른 양상을 보여주지만, 전반적으로 부정적인 입장은 유지되었음을 확인한다. 또한 후기 베다 시대에 출현한 불교도 당시 민간의 나가 관념을 문헌에 채용한 것은 분명하지만, 고따마 붓다의 전기에 등장한 나가의 상징적 의미에서 알 수 있듯이 그들이 나가를 신적 존재로 인정하거나 나가 숭배 전통을 수용하진 않았다는 것을 확인한다. 그리고 끝으로 포스트-마우리야 시대에 인도 종교들이 일신교적 변화와 정치적 변화를 경험하면서 토착 신인 나가를 각기 다른 이유로 자신들의 신전에 ‘수호신’으로 수용하는 과정을 문헌과 고고학 자료를 토대로 설명한다. (shrink)

Excerpt from Nine Modern Moralists The greatness of the men whose insight and re ections are the subject of the following chapters is obviously a sufficient justification for this volume. The reader who simply wants to learn what was felt and thought and believed by some of the outstanding minds of the immediate past and of the present can, it is hoped, do so by reading the chapters of this book as expository essays. Here he will find their thought (...) anatomized; and, in relatively brief compass, it may be possible for him to become seriously engaged in thinking their thoughts after them. Certainly, no one can come to an understanding of the latest and best of contemporary ideas and ideals by going around these men; only by going through them can one gain a deeper understanding of himself and of our epoch. That is the first purpose of this book: to provide an introduction to nine selected modern moralists. The second purpose is constructive and critical. Exposition and ex planation by themselves are not the aim of these chapters. The highest tribute one can pay any thinker, or any body of writing, is to wrestle with it; and this may well be the best way to bring out the innermost and most vital meaning of what any man has said. I trust that in this wrestling I have nowhere simply commanded an issue to be gone, or have ignored the real meaning or the strength of an idea or point of view in rejecting or reformulating it. The procedure employed in criti cism is always an internal one. This is to say that it always seems best to go as far as one can with another man's thought, developing it up to the point where some criticism or objection or revision unfolds itself, as it were, from within the system or structure of thought under examina tion. In this way the most constructive results may be expected from criticism; and, in this way also, constructive and critical essays may fairly aim to be explanatory ones. As expository essays the chapters that follow may be taken one at a time and in any order, or one or more without the others. Their con structive and critical purpose, however, connects them all together. The author has been somewhat surprised at the extent to which this is true, when preparing for publication these papers which were written in some cases years apart. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.". (shrink)

When did we begin to exist? Barry Smith and Berit Brogaard argue that a new human organism comes into existence neither earlier nor later than the moment of gastrulation: 16 days after conception. Several critics have responded that the onset of the organism must happen earlier; closer to conception. This article makes a radically different claim: if we accept Smith and Brogaard’s ontological commitments, then human organisms start, on average, roughly nine months after conception. The main point of contention (...) is whether the fetus is or is not part of the maternal organism. Smith and Brogaard argue that it is not; I demonstrate that it is. This claim in combination with Smith and Brogaard’s own criteria commits to the view that human organisms begin, precisely, at birth. (shrink)