In this study, we examine the philosophical bases of one of the leading clinical psychological methods of therapy for anxiety, anger, and depression, Cognitive Behavioral Therapy (CBT). We trace this method back to its philosophical roots in the Stoic, Buddhist, Taoist, and Existentialist philosophical traditions. We start by discussing the tenets of CBT, and then we expand on the philosophical traditions that ground this approach. Given that CBT has had a clinically measured positive effect on the psychological well-being of individuals, (...) it becomes important to study the philosophical foundations on which this therapy is based. (shrink)

In men and women sexual arousal culminates in orgasm, with female orgasm solely from sexual intercourse often regarded as a unique feature of human sexuality. However, orgasm from sexual intercourse occurs more reliably in men than in women, likely reflecting the different types of physical stimulation men and women require for orgasm. In men, orgasms are under strong selective pressure as orgasms are coupled with ejaculation and thus contribute to male reproductive success. By contrast, women's orgasms in intercourse are highly (...) variable and are under little selective pressure as they are not a reproductive necessity. The proximal mechanisms producing variability in women's orgasms are little understood. In 1924 Marie Bonaparte proposed that a shorter distance between a woman's clitoris and her urethral meatus (CUMD) increased her likelihood of experiencing orgasm in intercourse. She based this on her published data that were never statistically analyzed. In 1940 Landis and colleagues published similar data suggesting the same relationship, but these data too were never fully analyzed. We analyzed raw data from these two studies and found that both demonstrate a strong inverse relationship between CUMD and orgasm during intercourse. Unresolved is whether this increased likelihood of orgasm with shorter CUMD reflects increased penile–clitoral contact during sexual intercourse or increased penile stimulation of internal aspects of the clitoris. CUMD likely reflects prenatal androgen exposure, with higher androgen levels producing larger distances. Thus these results suggest that women exposed to lower levels of prenatal androgens are more likely to experience orgasm during sexual intercourse. . (shrink)

In this paper, as an extension of CI-algebras, we discuss the new notions of Neutro-CI-algebras and Anti-CI-algebras. First, some examples are given to show that these definitions are different. We prove that any proper CI-algebra is a Neutro-BE-algebra or Anti-BE-algebra. Also, we show that any NeutroSelf-distributive and Anti-Commutative CI-algebras are not BE-algebras.

These comments, which take the form of criticism and response, were the basis of a zoom conversation at the Eastern APA, January 2021. Josh is putting them up on philpapers (with permission from all involved) in case they are helpful to people interested in the themes of this book.

One of the best-known aspects of José Carlos Mariátegui’s philosophy is his concept of a revolutionary myth. What does this revolutionary myth entail, how and why did Mariátegui develop this idea? The following article situates Mariátegui’s thought in both the historical and intellectual context of the 1920’s in order to answer these questions. This is relevant because Mariátegui’s philosophy and his revolutionary myth have influenced several Latin American revolutionaries such as Ernesto Che Guevara and Sendero Luminoso (Shining Path). Mariátegui’s ideas (...) have thus changed the lives and history of Latin Americans and it is important that we neither demonize nor idolize Mariátegui’s intellectual work without first attempting to understand it. (shrink)

How can we ameliorate the current immigration policies toward Mexican people immigrating to the United States? This study re-examines how the development of scenarios assisted South Africa to dismantle apartheid without engaging in a bloody civil war. Following the scenario approach, we articulate positions taken by different interest groups involved in the debate concerning immigration from Mexico. Next, we formulate a set of scenarios which are evaluated as to how well each contributes to the well-being of the populace both of (...) Mexico and of the United States. The South African scenario model has proven to be an effective tool in times of political disagreement. It fosters a common language among competing groups, non-hierarchal communication among groups, and acknowledgement of the concerns of each group involved. (shrink)

_ Source: _Page Count 25 This is a pre-print. Please cite only the revised published version. This paper presents an original, ambitious, truth-directed transcendental argument for the existence of an ‘external world’. It begins with a double-headed starting-point: Stroud’s own remarks on the necessary conditions of language in general, and Hegel’s critique of the “fear of error.” The paper argues that the sceptical challenge requires a particular critical concept of thought as that which may diverge from reality, and that this (...) concept is possible only through reflection on situations of error, in which how things are thought to be diverges from how things really are with independent items in an objective world. The existence of such a world is therefore a necessary condition of the possibility of scepticism: such scepticism is therefore false. I defend the argument against objections from Stroud’s sceptic and others. Drawing on Heidegger, the paper concludes by indicating that the chain of necessary conditions includes practical engagement with the world. (shrink)

Part of a book symposium for Peter Langland-Hassan's Explaining Imagination (2020).

With the rapid development of artificial intelligence (AI), understanding its capabilities and limitations has become significant for mitigating unfounded anxiety and unwarranted optimism. As part of this endeavor, this study delves into the following question: Can AI become an expert? More precisely, should society confer the authority of experts on AI even if its decision-making process is highly opaque? Throughout the investigation, I aim to identify certain normative challenges in elevating current AI to a level comparable to that of human (...) experts. First, I will narrow the scope by proposing the definition of an expert. Along the way, three normative components of experts -trust, explainability, and responsibility-will be presented. Subsequently, I will suggest why AI cannot become a trustee, successfully transmit knowledge, or take responsibility. Specifically, the arguments focus on how these factors regulate expert judgments, which are not made in isolation but within complex social connections and spontaneous dialogue. Finally, I will defend the plausibility of the presented criteria in response to a potential objection, the claim that some machine learning-based algorithms, such as AlphaGo, have already been recognized as experts. (shrink)

Philip Kitcher’s The Ethical Project trios to vindicates ethics through an analysis of its evolutionary and cultural history, a history which in turn, he thinks, supports a particular conception of the role of moral thinking and normative practices in human social life. As Kitcher sees it, that role could hardly be more central: most of what makes human life human, and preferable to the fraught and impoverished societies of the great apes, depends on moral cognition. Prom this view of the (...) role of the ethical project as a social technology, Kitcher derives an account of moral progress and even moral truth: a normative analogue of the idea that truth is the convergence of rational enquiry. To Kitcher’s history, I present an anti-history. Most of what is good about human social life depends on the expansion of our social emotions, not on our capacities to articulate and internalise explicit norms. Indeed, since the Holocene and the origins of complex society, normative thought and normative institutions have been more prominent as tools of exploitation and oppression than as mechanisms of a social peace that balances individual desire with collective co-operation. I argue that the vindication project fails in its own terms: even given Kitcher’s distinctive pragmatic concept of vindication, history debunks rather than vindicates moral cognition. (shrink)

Human behavior is frequently described both in abstract, general terms and in concrete, specific terms. We asked whether these two ways of framing equivalent behaviors shift the inferences people make about the biological and psychological bases of those behaviors. In five experiments, we manipulated whether behaviors are presented concretely (i.e. with reference to a specific person, instantiated in the particular context of that person’s life) or abstractly (i.e. with reference to a category of people or behaviors across generalized contexts). People (...) judged concretely framed behaviors to be less biologically based and, on some dimensions, more psychologically based than the same behaviors framed in the abstract. These findings held true for both mental disorders (Experiments 1 and 2) and everyday behaviors (Experiments 4 and 5) and yielded downstream consequences for the perceived efficacy of disorder treatments (Experiment 3). Implications for science educators, students of science, and members of the lay public are discussed. (shrink)

This article examines whether Nietzschean agonistic democracy theory can be a plausible alternative to Chantal Mouffe’s model. Agonistic democracy theory has Carl Schmitt or Nietzsche as its philosophical source. In the case of Mouffe, she constructed her model based on Schmitt. However, her Schmitt-based model is vulnerable to four criticisms. First, the distinction between ‘worthy opponents’ and ‘enemy’ is ambiguous. Second, it is inconsistent to simultaneously claim ‘the ontological fundamentality of antagonism’ and ‘agonism without antagonism.’ Third, her agonism can not (...) capture the pluralistic world, since it is trapped in the telos of self-preservation. Fourth, there are no theoretical factors to maintain her agonism, and there is no explanation for the degree of conflict that can sustain her model. Unlike Mouffe, Nietzschean like Connolly and Owen provides agonistic democracy theories based on Nietzsche. After analyzing and reconstructing Nietzsche’s text and Nietzschean’s discussions, I will argue that the Nietzschean model can overcome some thresholds of Mouffe’s model. (shrink)

S. C. Gibb holds that some mental events enable physical events to take place by acting as ‘double preventers’ which prevent other mental events from effecting change in the physical domain. She argues that this enables a dualist account of psychophysical interaction consistent with the causal relevance of mental events, their distinctness from physical events, the causal closure of the physical and the exclusion of systematic overdetermination. While accepting the causal powers metaphysic, this paper argues that: Closure is maintained only (...) on the assumption of an implausible pre-ordained harmony between preventing and double-preventing mental events. Distinctness is preserved only at the cost of positing brute unexplained powers of mental and physical events to causally interact with each other. Exclusion is systematically violated in a substantial number of everyday cases. The case for Relevance made by the Double Prevention model is accordingly too weak to sustain a dualist approach to mental causation. (shrink)

This article addresses the exclusivism–inclusivism debate about religious reasons in law within a justificatory liberal framework. The question of whether religious reasons have justificatory capacity for attaining public justification has increasingly been seen as a matter of how public justification is understood between two rival models: the consensus model being aligned with exclusivism, the convergence model with inclusivism. More recently, however, that alignment has been challenged with attempts to show that consensus can reach an equivalent degree of inclusivism as convergence. (...) Against this, I contend that the purported equivalence is misplaced. First, I identify a crucial ambiguity about public justification and two corresponding domains. Upon demonstrating these to be mutually independent and severable, I conclude that the moves to equalize the models are confined within the more narrow domain while, in the more fundamental domain, the choice of model continues to prove determinative as to the exclusivist or inclusivist valence of justificatory liberalism. (shrink)

This paper argues that the standard formulations of the question of how consciousness emerges, both synchronically and diachronically, from the physical world necessarily use a concept of the physical without either a clear grasp of the concept or an understanding of the necessary conditions of its possibility. This concept will be elucidated and some of the necessary conditions of its possibility explored, clarifying the place of the mental and the physical as abstractions from the totality of an agent engaged in (...) the life world. The notion of a disruption or breakdown in the agent’s normal engagements in the world will play a key role in the argument, which in turn provides a transcendental underpinning to recent enactive and embodied theories of mind by exploring some of the necessary conditions of being an agent in the world. (shrink)

Drawing on the work of John Rawls and Thomas Pogge, I argue that the U.S. is in part responsible for the immigration of Mexicans and Central Americans into the U.S. By seeking to further its national interests through its foreign policies, the U.S. has created economic and politically oppressive conditions that Mexican and Central American people seek to escape. The significance of this project is to highlight the role of the U.S. in illegal immigration so that we may first acknowledge (...) our responsibility in order to seek lasting humane solutions. (shrink)

Being robustly committed to state neutrality which does not permit the promotion of liberal-perfectionist ideals and denying that there is anything normatively relevant or ‘special’ about religion leaves liberal-egalitarians embroiled in a paradox. If religion is not special, how and why do liberal states afford it differential treatment (in comparison with non-religious analogues like secular doctrines or deeply-held beliefs of individual conscience)? This paper explores liberal-egalitarian strategies for resolving this paradox with predominant reference to the disaggregation strategy advanced by Cécile (...) Laborde. After discussing the novelty and advantages of disaggregation relative to other liberal-egalitarian strategies, the paper distinguishes between the coverage and the basis in justification of differential treatment to argue that disaggregation does not ultimately succeed in solving the latter. Despite this, reflecting on the clarifications achieved through disaggregation and the deeper issues of justification and justice emerging therefrom, the paper concludes by proposing the need to consider a lateral solution to the paradox and speculating on what this might look like. (shrink)

Subtractive schooling is a type of pedagogy that subtracts from the student aspects of her identity in order to assimilate and reshape her identity to fit the American mainstream. Here, I question the value of assimilation as it takes place in our public school systems. Currently, immigrant children are often made to feel inadequate for being culturally different. This is detrimental to their development as students given that at their young age they do not yet have the emotional maturity to (...) know that their experience, language and culture are legitimate and valuable. My goal is to shift the focus of subtractive schooling to one that fosters the growth of students through recognition. I suggest that John Dewey’s and Paulo Freire’s pedagogy of recognition is a helpful approach to this problem. Both Dewey and Freire’s pedagogy emphasize recognition as central to their pedagogy. (shrink)

A non-relativistic quantum mechanical theory is proposed that describes the universe as a continuum of worlds whose mutual interference gives rise to quantum phenomena. A logical framework is introduced to properly deal with propositions about objects in a multiplicity of worlds. In this logical framework, the continuum of worlds is treated in analogy to the continuum of time points; both “time” and “world” are considered as mutually independent modes of existence. The theory combines elements of Bohmian mechanics and of Everett’s (...) many-worlds interpretation; it has a clear ontology and a set of precisely defined postulates from where the predictions of standard quantum mechanics can be derived. Probability as given by the Born rule emerges as a consequence of insufficient knowledge of observers about which world it is that they live in. The theory describes a continuum of worlds rather than a single world or a discrete set of worlds, so it is similar in spirit to many-worlds interpretations based on Everett’s approach, without being actually reducible to these. In particular, there is no splitting of worlds, which is a typical feature of Everett-type theories. Altogether, the theory explains (1) the subjective occurrence of probabilities, (2) their quantitative value as given by the Born rule, and (3) the apparently random “collapse of the wavefunction” caused by the measurement, while still being an objectively deterministic theory. (shrink)

We provide new findings that add to the growing body of empirical evidence that important epistemic intuitions converge across cultures. Specifically, we selected three recent studies conducted in the US that reported surprising effects of knowledge attribution among English speakers. We translated the vignettes used in those studies into Mandarin Chinese and Korean and then ran the studies with participants in Mainland China, Taiwan, and South Korea. We found that, strikingly, all three of the effects first obtained in the US (...) also emerged in the East Asian cultures we studied. Our findings not only cohere with but also provide—at least moderate—support for the existence of extensive convergences of important epistemic intuitions across cultures. (shrink)

The articles in this issue represent the pursuit of a new understanding of the human past, one that can replace the neo-saltationist view of a human revolution with models that can account for the complexities of the archaeological record and of human social lives. The articulation of archaeological, philosophical, and biological perspectives seems to offer a strong foundation for exploring available evidence, and this was the rationale for collecting these particular articles. Even at this preliminary stage there is a coherence (...) emerging in proposals: the origin and operation of symbolically rich, complexly signaling human social systems was the consequence of the long-term evolution of multiple components of perceiving and negotiating social interactions, a contingent outcome of myriad adaptive shifts rather than a single event. (shrink)

Special relativity has changed the fundamental view on space and time since Einstein introduced it in 1905. It substitutes four dimensional spacetime for the absolute space and time of Newtonian mechanics. It is believed that the validities of Lorentz invariants are fully confirmed empirically for the last one hundred years and therefore its status are canonical underlying all physical principles. However, spacetime metric is a geometric approach on nature when we interpret the natural phenomenon. A geometric flaw on this will (...) be exhibited and the alternative is suggested. The reasonable geometric model of space and time is a three dimensional space which is translating along the time direction. This model legitimately represents the true characteristic of nature. (shrink)

Some people of colour feel shame in response to racist incidents. This phenomenon seems puzzling since, plausibly, they have nothing to feel shame about. This puzzle arises because we assume that targets of racism feel shame about their race. However, I propose that when an individual is racialised as non-White in a racist incident, shame is sometimes prompted, not by a negative self-assessment of her race, but by her inability to choose when her stigmatised race is made salient. I argue (...) that this can make sense of some shame responses to racism. My account also helps to highlight some of the emotional and cognitive costs of racism that have their root in shame as well as a new form of hermeneutical injustice and distinctive communicative harms, contributing to a fuller picture of what is objectionable about racism. (shrink)

The present study aimed to develop effective moral educational interventions based on social psychology by using stories of moral exemplars. We tested whether motivation to engage in voluntary service as a form of moral behavior was better promoted by attainable and relevant exemplars or by unattainable and irrelevant exemplars. First, experiment 1, conducted in a lab, showed that stories of attainable exemplars more effectively promoted voluntary service activity engagement among undergraduate students compared with stories of unattainable exemplars and non-moral stories. (...) Second, experiment 2, a middle school classroom-level experiment with a quasi-experimental design, demonstrated that peer exemplars, who are perceived to be attainable and relevant to students, better promoted service engagement compared with historic figures in moral education classes. (shrink)

Only our lineage has ever used trackways reading to find unseen and unheard targets. All other terrestrial animals, including our great ape cousins, use scent trails and airborne odors. Because trackways as natural signs have very different properties, they possess an information-rich narrative structure. There is good evidence we began to exploit conspecific trackways in our deep past, at first purely associatively, for safety and orienteering when foraging in vast featureless wetlands. Since our own old trackways were recognizable they were (...) self-mirroring, triggering memories of what we had been up to in the past. Using them to find our way back to the band when temporarily lost or to re-find a resource-rich area discovered the day before enabled optimal foraging. Selection for daily reiteration of one’s own old trackways therefore triggered the evolution of what is distinctive about human cognition: the autobiographical or narrative (episodic) faculty for imaginative self-projection. This faculty enabled us to glean useful social information from the stories “told” by other band members’ old trackways, and created spin-off capacities for fast-track social learning. Resultant increases in socioecological complexity then created positive selective feedback loops for further entrenchment. Incrementally we became the ultra-social narrative-minded ape, capable of creating cumulative culture. (shrink)

In the seventeenth to the eighteenth centuries, East Asia witnessed new academic trends emphasizing social practice and reform over theoretical considerations. These trends gave rise to Silhak 實學 (“Practical Learning”) in Korea in the late Joseon dynasty, Qixue 氣學 (“Learning of Vital Forces”) in China in the late Ming and early Qing dynasties, and Kogaku 古學 (“Ancient Learning”) in Japan in the Edo period. A concept of “East Asian Silhak 東亞實學 (East Asian Practical Learning)” can be conceived in the context (...) of strengthening the Confucian statecraft in the seventeenth and eighteenth centuries. However, in the nineteenth and twentieth centuries, this academic trend, so-called East Asian Practical Learning, was manifested in the form of “pursuit of West-centered modernity” in the three East Asian countries. It would be appropriate to understand it as a “modern transformation of East Asian Confucian thought” rather than as the Confucian statecraft in the context of Confucianism. When attempting to incorporate the ideological transformation of Confucianism in East Asia in the nineteenth and twentieth centuries into the concept of Silhak, there are issues such as: the conceptual confusion between Silhak of the late Joseon dynasty of Korea and Kaozhengxue 考證學 (“Evidential Learning”) of the Qing dynasty of China; and their pursuit of modernity based on the premise of anti-Zhuzi studies. Given these complexities, this article underscores that the genesis of New Silhak in twenty-first-century East Asia lies in the simultaneous relationship between Zhuzi studies and Silhak, reflecting the Confucian ideal of neisheng waiwang 內聖外王 (“inner sage and outer king”). (shrink)

Many liberal egalitarians argue that workers today are subjected to the authority of their bosses and that justice demands that the employment relationship be reformed. But why? What is unjust is not subjection to authority as such but subjection without adequate justification. In this article, I argue that the justificatory demand raised by subjection to workplace authority has not been well understood, primarily because the nature of the subjection itself has been misunderstood. According to the standard view, workplace subjection consists (...) in the fact that managers issue orders backed by sanctions. I challenge this view by reconstructing the libertarian-economic theory of the firm, which construes managerial authority simply as a division of labor. I propose an alternative account, according to which workplace subjection consists in living under a society-wide arrangement that compels most workers to work under a boss. My argument reorients theorizing about justice at work from a narrow focus on corporate governance towards a broader theory of a just social system, incorporating the role of the state, class, the power of investors, and the social purpose of labor. (shrink)

자국의 통상이익을 확보하려는 국가의 노력과 무역의 자유화와 확대를 위한 경제심 판관으로서 WTO의 역할은 인류복지의 극대화를 위하여 한 방향으로 나아가면서도 충 돌하고 있다. 개별국가의 성장과 복지없는 인류복지의 극대화는 껍데기에 불과하고, 자유와 비차별(non-discrimination)의 원칙에 바탕한 기회균등, 공정경쟁조건의 보장이 없는 한 국제무역은 홉즈식 "즉발적 利己主義(spontaneous disorder)"만이 횡행하게 된 다. 이를 구제하기 위하여 국가적·국제적 통상관리체제가 발전되어 왔으며, WTO가 세 계경제헌법체제로서 많은 역할을 하고 있는 것은 주지의 사실이다. 많은 WTO업적 중 최근의 버드법 문제는 그 이례성과 전략성으로 인하여 양식있는 자의 관심이 대상이 되어 왔으며, 최근 미 (...) 연방법원과 WTO분쟁해결기구는 동 법의 적립금배분조항에 관 하여 국제적·국내적으로 위헌성을 확인한 바 있다. 그러나 양대 司法機關의 결정취지는 동일한 것이 아니다. 미국 연방법원은 문제된 버드법 조항이 헌법상 보장된 표현의 자 유와 평등권을 침해하여 위헌이라는 결정을 하였고, WTO분쟁해결기구는 반덤핑협정 이나 보조금협정 등 관련협정에서 허용하고 있지 않는 내용의 무역규제조치를 하였다 는 이유로 동법의 협정위반을 선언하고 그 철폐를 권고하였다. 이에 본고는 버드법상 적립금배분제도에 관한 양대 사법기관의 결정요지를 살펴보고, 헌법국가의 이상이라는 관점에서 사법기관의 역할과 버드법에 관한 사법심사가 주는 시사점을 음미하기로 한 다. 이는 종래의 외교통상문제와 국내문제의 엄별이라는 기존관념으로부터 헌법국가이 상의 역사적 의의와 발전, 국제법과 국내법의 관계, 사법기관의 국제적 협조와 연대라 는 관점에서 보다 적극적 자세로의 인식전환과 관련을 갖는다. 사법기관은 역사적으로 시민사회의 형성ㆍ발전에 있어 기본적 가치의 수호를 통하여 국제적ㆍ국내적 차원에서 중요한 역할을 하여 왔으나,현대 국제사회에서는 외교통상 행정영역의 발전에 뒤떨어 지는경향이있고, 세계헌법주의라는 관점에서 새로운 조명이 필요하다고 본다. 결론에 서는 현재 국제사회의 현실에서 사법부를 포함하여 우리정부의 전략적ㆍ법제적 대응 방안을 간략히 적시해 보도록 한다. (shrink)

In this paper I challenge the widely held assumption that loudness is the perceptual correlate of sound intensity. Drawing on psychological and neuroscientific evidence, I argue that loudness is best understood not as a representation of any feature of a sound wave, but rather as a reflection of the salience of a sound wave representation; loudness is determined by how much attention a sound receives. Loudness is what I call a quantitative character, a species of phenomenal character that is determined (...) by the amount of attention that an underlying perceptual representation commands. I distinguish quantitative from qualitative character; even qualitative characters that represent degrees of sensible magnitudes are phenomenally and functionally distinct from quantitative characters. A bifurcated account of phenomenal character emerges; the phenomenal is not exhausted by the qualitative. (shrink)

John Searle’s Speech Act Theory enumerates necessary and sufficient conditions for a non-defective act of promising in producing sincere promises. This paper seeks to demonstrate the conjunctive insufficiency of the foregoing conditions due to the inadequacy of the sincerity condition to guarantee predicated acts being fulfillable. Being the definitive condition which contains the psychological state distinct in promises as illocutionary acts, that is the expression of intention (S intends to A), I purport that not all sincere promises are non-defective. To (...) motivate this, I shall explicate Searle’s conception of full blown explicit promises as his basic qualification for the application of the above conditions, and set the line as to how explicit is ‘explicit’? As a response to this insufficiency, I shall propose a condition, as part and parcel of the Propositional Content Clause, that makes up Searle’s felicity conditions for promises, which requires explicitness of the form: “A is fulfillable if A is explicit in form”. A is explicit if and only if 1) A is literal in form, where A can have either 1 basic or multiple meanings, and 2) The meaning of A, whether basic or multiple, with respect to its context is directly stated in the sentence uttered. I call this the Discharge Condition. (shrink)

The controversy around the accommodation of conscientious objections in medicine persists, especially for such contentious services as abortions. COs are typically considered in their negativ...

Socioeconomic status refers to the family's social and economic standing in society. It is measured by combining an individual or group's economic and social position, which is often based on income, education, and occupation. It significantly affects academic performance and even one's health status. The pandemic changed the educational system, causing a huge transition from traditional learning methods to online learning. This shift resulted in confusion, burden, and difficulty among students from different walks of life. This study was conducted to (...) determine the academic stress on online learning among nursing students in relation to their economic status and their ability to access technology. The study utilized a quantitative-correlational method aided by a standard questionnaire. Two hundred thirty-six University of Bohol nursing students enrolled in the second semester of SY 2021–2022 were included in the study by random selection. Data revealed a significant correlation between economic status and the level of stress related to academic expectations and a significant correlation between economic status and access to technology after being subjected to the Spearman rho test of correlation. However, no significant correlation was found between access to technology and the respondents' level of academic stress. (shrink)

Bernard Williams’ Shame and Necessity (1993) was an influential early contribution to what has become a broader movement to rehabilitate shame as a moral emotion. But there is a tension in Williams’ discussion that presents an under-appreciated difficulty for efforts to rehabilitate shame. The tension arises between what Williams takes shame in its essence to be and what shame can do—the role that shame can be expected to play in ethical life. Williams can—and we argue, should—be read as avoiding the (...) difficulties stemming from this tension, but this requires a reevaluation of several of his central claims about shame’s role in ethical thought and experience. For instance, his broad claims that the “structures of shame” can “give a conception of one’s ethical identity” (93), and that shame “mediates … between ethical demands and the rest of life” (102), cannot be taken at face value. What emerges is a view that is in a sense less ambitious, but also more in tune with the spirit of Williams’ larger project. There may also, we suggest, be a more general lesson: We should be suspicious of the temptation to seek some special affinity between shame and ethical life, lest we distort our understanding of both. (shrink)

The paper aims to briefly look into the civil law remedies of CISG from the perspective of economic efficiency. It mainly illustrates the basic tools of remedies in CISG, and discusses its strengths and flaws from the standpoint of economic deals normally present in most of commercial transactions. As many literature have long contributed to the legal economic discourse, our discussion, as a matter of course, largely depends on the current stronghold, or prospect that those theories espouse. Generally, the remedies (...) in CISG have two basic pathways addressing or penalizing the breach of contract from one party, namely specific performance and damages award. Other instruments to deal with the breach of contract cover a cure of defect, repudiation to perform a contract, additional period to perform a contractual duty, avoidance of contract and etc. This group of instruments can be classed as a privately administered remedies for our purpose of analysis. On this assumption, we can find many aspects of strengths in economic terms, but some paucity that the prescribed approach cannot properly address the best of economics between the contracting parties. This paucity comes mainly because the lawmakers normally could not pre-consider all circumstances among the individual contracting parties. For this reason, this paper argues in favor of privately administered remedies to fill the paucity of two typical remedies. Moreover, the contractual negotiation or design of contract is considered very important as the contracting parties are most informed about their best of economics besides the official lawmakers. The paper concludes with a short discussion of the electronic commerce in comparison with the traditional domestic and international commerce. (shrink)

The paper aims at rethinking the traditional understanding of commercial law, and tentatively provides its cosmopolitan concept under the backdrop of extended commercial exchange and corresponding development of the transnational trade laws. Given the influence of legal positivism over the source of law debate, the commercial law would be defined in a relatively narrower focus, which principally presumes the sovereign nature of legal community. The phenomenon and interactive reality in this global sphere through the mid-20th century and new millennium have (...) driven us to experience new ways of dealings, sometimes blurring or otherwise encroaching upon a conventional discourse about the true nature of laws. In one way of efforts to accommodate such new phenomena, the author likes to present a possibility of more systemic, comprehensive, reality-oriented construction of commercial law concept concerning the current wave of legal pluralism. It became increasingly pervasive in our daily experiences that the norms of various nature have a potential to govern the commercial relationship. These norms, unlike the traditional state laws, are observed to poses a distinctive feature requiring a coherent understanding among another. This conceptual work also could mater with the traditional concept of sovereignty-driven commercial law. The paper will begin with the theoretical essence of legal positivism propounded by Hart and Raz. Particularly, the five strands of legal system would provide the basis of analysis, and could be compared to the narrative of legal positivists. For the purpose of this thesis, they would be contested to favor the strengths of cosmopolitan concept of commercial law. For an illustration,the author would argue that the shared agency element as well as recognition process of norms can give us more genuine understanding of the commercial law and practices. In this way, the author discuses and proposes a new concept focusing on the contemporary commercial law. Finally, he pointed out the critical needs of this kind of definitional work notwithstanding the legal plane or global diversity. In many ways, the paper would be found tentative, epitomizing, less exhaustive as trade-offs for a comprehensive build-up. The author also regrets to curtail much potentials of opposing arguments against the cosmopolitan understanding of commercial law. It is hoped that this work would later be developed, which could be realized by the complimentary as well as critical followers. (shrink)

This paper explores the legal issues of embargo centering on judicial review of the trade administration. Embargo, one type of trade regulation, has a distinctive nature in that it involves an entire forestall of the importation from foreign countries. It is also distinguished from other tools of trade regulation, including anti-dumping tariffs, countervailing measure on the subsidies since it entangles with other complex considerations of diplomacy, national security, public health, and environmental policy. Therefore discretion from the trade administration, notwithstanding the (...) president, is widely vested in that authority, who are responsible for an enforcement of the individual statute, yet can be evaded from stern control of the judiciary. Aside from the standard of review on substantial issues, judicial review relating with the embargo also entails a myriad of jurisdictional questions between the federal court and the court of international trade. In view of the U.S. role and current escalation of the trade issues in the international community, active engagement of the court as well as harmonization within the international plane need to be furthered along with the development of trade environment. For the export nations including Korea, embargo has a pounding impact on the national economy that also enhances a need for the reasonable administration of justice for the predictability and stability of the exporters. (shrink)

Philosophical Issues, Volume 31, Issue 1, Page 355-373, October 2021.

1994년 WTO의 탄생으로 세계는 국제통상에 있어 法의 支配를 실현시켜 나가 고 있다. 무역의 자유화와 확대를 통한 인류복지의 증진과 공정무역의 실현을 위 한 정의로운 競爭規則의 정립을 향하여 나아가고 있는 것이다. 통상과 관련하여 인류에게 다가오는 새로운 의제에 대한 논의(소위 New Round) 역시 WTO 및 OECD를 중심으로 한 세계 각국의 지혜가 요구된다. 그러나 국제통상질서에 관 한 인류의 업적과 향후의 동태적 발전에 있어 인권법적 시각이 부족한 것은 아쉬 운 일이다. 즉 경제적 實利추구를 위한 전략적·국제경제법적 시각과 함께 인권보 장을 위한 노력이 필요하다고 보며, 본고는 국제통상을 (...) 주도하는 다국적기업과 관련하여 인권보장의 문제를 제기한다. 다국적기업의 본질을 살피고, 국제사회에 있어 통상과 관련한 인권문제의 성격과 범주, 기존의 인권보장활동의 주요내용과 문제점, 인권보장에 있어 실효성 있는 모델을 試論的으로 살펴보고, 향후의 과제 와 관련하여 인권침해의 유형화를 시도한다. (shrink)

The author surveyed the theory and practice of equal protection under the US constitutionalism.

As the word demos denotes, the democracy is generally considered as the rule or governance based on the general base of people in which monarchy or oligarchy form is excluded. We have a classical view about the four forms of government, which was proposed by Platonic concepts. Most idealistic form of government, in his prongs, could be found in Crete and Sparta, which was nevertheless not a democratic form. His accolade of these two nations, which, of course, would be a (...) kind of God’s product so to be most benevolent, humanly appealing, efficient and philanthropic. This means the democratic form of government is not best, but most favored alternative to police the society. The political terms, henceforth, would supervene the concept of democracy, and, for many reasons and on historical wake, democracy is generally accepted as practically most desired form of rule or governance. While some modern scholar revealed, a mini-republic can be a niche to contest the merits of various forms of governance. We can gauge a scope of elements we value through the governance process, human intrinsic, efficiency, equality, welfare and even individual happiness. As the time is a small city community, called a polis, in Plato and Socrates, a mini republic can be well envisaged in understanding the Platonic Republic. In that case, most benevolent ruler may be superior to any other form of governance, which can be a philosopher’s Republic. The ideal ruler would behave and govern with mighty intelligence and concomitant power to rule. It is idealistic to produce maximum happiness of polis constituents. The worst contras, however, a tyranny, comes that the constituents legitimately expel their ruler by a collective vote. This extreme contrast and the way of process also could be ascertained in the ancient form of oriental monarchy. The dynasty could be legitimately revoked to restore new heritage of emperor or Kings where a kind of rebellion, as elucidated by Locke, is well justified in the name of heaven’s command. Given the size of polis or governed territory, there are separate ways to redress the evils of tyranny while the Oriental culture has not recognized the kind of formal vote methods. Any means to expel the tyranny could be embraced to rebel. For our purpose of grasp through this working paper, I would theorize on the traditional elements of public policy and democratic form of government. (shrink)