Philosophical orthodoxy holds that pains are mental states, taking this to reflect the ordinary conception of pain. Despite this, evidence is mounting that English speakers do not tend to conceptualize pains in this way; rather, they tend to treat pains as being bodily states. We hypothesize that this is driven by two primary factors—the phenomenology of feeling pains and the surface grammar of pain reports. There is reason to expect that neither of these factors is culturally specific, however, and thus (...) reason to expect that the empirical findings for English speakers will generalize to other cultures and other languages. In this article we begin to test this hypothesis, reporting the results of two cross-cultural studies comparing judgments about the location of referred pains between two groups—Americans and South Koreans—that we might otherwise expect to differ in how they understand pains. In line with our predictions, we find that both groups tend to conceive of pains as bodily states. (shrink)

Keith DeRose has argued that the two main problems facing subject-sensitive invariantism come from the appropriateness of certain third-person denials of knowledge and the inappropriateness of now you know it, now you don't claims. I argue that proponents of SSI can adequately address both problems. First, I argue that the debate between contextualism and SSI has failed to account for an important pragmatic feature of third-person denials of knowledge. Appealing to these pragmatic features, I show that straightforward third-person denials are (...) inappropriate in the relevant cases. And while there are certain denials that are appropriate, they pose no problems for SSI. Next, I offer an explanation, compatible with SSI, of the oddity of now you know it, now you don't claims. To conclude, I discuss the intuitiveness of purism, whose rejection is the source of many problems for SSI. I propose to explain away the intuitiveness of purism as a side-effect of the narrow focus of previous epistemological inquiries. (shrink)

In this paper, we provide a Bayesian analysis of the well-known surprise exam paradox. Central to our analysis is a probabilistic account of what it means for the student to accept the teacher's announcement that he will receive a surprise exam. According to this account, the student can be said to have accepted the teacher's announcement provided he adopts a subjective probability distribution relative to which he expects to receive the exam on a day on which he expects not to (...) receive it. We show that as long as expectation is not equated with subjective certainty there will be contexts in which it is possible for the student to accept the teacher's announcement, in this sense. In addition, we show how a Bayesian modeling of the scenario can yield plausible explanations of the following three intuitive claims: (1) the teacher's announcement becomes easier to accept the more days there are in class; (2) a strict interpretation of the teacher's announcement does not provide the student with any categorical information as to the date of the exam; and (3) the teacher's announcement contains less information about the date of the exam the more days there are in class. To conclude, we show how the surprise exam paradox can be seen as one among the larger class of paradoxes of doxastic fallibilism, foremost among which is the paradox of the preface. (shrink)

The epistemology and phenomenology of contemporary society tend to be deepened, and the philosophical challenges never are minimal that we may be called to face with the kind of post-modern chaos from the rapidly changing phenomena of the global community. The ballast held on the identity of faculty members as a teacher and researcher now turns due so as to be recast with our intrinsic of routine performance. I considered their quality as bent on the intellectual strife on the method (...) and the kind of attitude, say, evaluation and consultation. In this paper, the authors have presented some thought and implications that triangulated the triad, i.e., research methodology, program evaluation and consulting illustration on the college research program rankings. The author is hoped that the discourse can help the academicians to share the attribute of different methods as well as the dimension of evaluation and consulting, perhaps essentially related with their work role in terms of teaching and researching. Keywords: Research Method, Qualitative Studies, Mixed Method, Program Evaluation, Theory and Philosophy, Program Rankings, Consulting, Journal Writing. (shrink)

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)

Comic is one of the paradigmatic forms of hybrid media, and coming up with a satisfactory definition for it has been difficult. Sam Cowling and Ley Cray (2022) take a functional approach and offer an Intentional Picture-Reading View which defines comics as something that is “aptly intended to be picture-read.” I show that the view is extensionally inadequate as is because formally ambitious prose and concrete poetry, too, are aptly intended to be picture-read. The way forward, I argue, is to (...) look at more medium-specific non-depictive images (such as speech balloons and panels) to set comics apart from other hybrid media. (shrink)

It is intuitive to think that fiction is more imaginative or creative than nonfiction, and that creating or engaging with fiction involves the imagination in ways creating or engaging with nonfiction doesn't. However, philosophers debate whether imagination has a special connection to fiction. This chapter will argue that fiction is intimately connected to creativity and that creativity's connection to imagination produces the impression that fiction and imagination also share an intimate connection. The key ingredient of fiction that connects fiction to (...) creativity is fabrication. The chapter will also discuss how an author can produce fiction that is creative in content and form, how readers and critics use imagination in a creative manner when engaging with works, and how metaphysical debates about fiction affect the kind of creativity we may attribute to authors. (shrink)

A chapter in an edited volume discussing philosophy and Ted Chiang's short stories. In this chapter, I show how philosophical debates about imaginative resistance and what can/can't be fictionally true influence our interpretation of "Division by Zero.".

In “Normativity and Epistemic Intuitions”, Weinberg, Nichols and Stich famously argue from empirical data that East Asians and Westerners have different intuitions about Gettier -style cases. We attempted to replicate their study about the Car case, but failed to detect a cross - cultural difference. Our study used the same methods and case taken verbatim, but sampled an East Asian population 2.5 times greater than NEI’s 23 participants. We found no evidence supporting the existence of cross - cultural difference about (...) the intuition concerning the Gettier car case. Taken together with the failures of both of the existing replication studies, our results provide strong evidence that the purported cross - cultural difference in Gettier intuitions does not exist. (shrink)

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

Xenophobia is conceptually distinct from racism. Xenophobia is also distinct from nativism. Furthermore, theories of racism are largely ensconced in nationalized narratives of racism, often influenced by the black-white binary, which obscures xenophobia and shelters it from normative critiques. This paper addresses these claims, arguing for the first and last, and outlining the second. Just as philosophers have recently analyzed the concept of racism, clarifying it and pinpointing why it’s immoral and the extent of its moral harm, so we will (...) analyze xenophobia and offer a pluralist account of xenophobia, with important implications for racism. This analysis is guided by the discussion of racism in recent moral philosophy, social ontology, and research in the psychology of racism and implicit attitudes. (shrink)

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.

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)

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)

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)

_ 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)

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)

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)

In this article, I critically examine the religious argument for the existence of God, which Palmquist formulated from Kant’s Religion within the Bounds of Bare Reason. After showing the structure of the argument, I point the problematic point of the argument and focus on the concept of Gesinnung. The privateness of Gesinnung is problematized in the analysis of it, and I briefly suggest that an alternative account of the Gesinnung is possible. Yet I emphasize the advantage that this argument has (...) compared to other competing arguments. (shrink)

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)

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)

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)

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)

Number is a major object in mathematics. Mathematics is a discipline which studies the properties of a number. The object is expressible by mathematical language, which has been devised more rigorously than natural language. However, the language is not thoroughly free from natural language. Countability of natural number is also originated from natural language. It is necessary to understand how language leads a number into mathematics, its’ main playground.

Common notions of comparative philosophy tend to be strongly configured by the East-West axis. This essay suggests ways of seeing Latin American liberation philosophy as a form of comparative philosophy and an important Latin American thinker as being relevant for East-West political philosophy. The essay focuses on the Peruvian activist and intellectual, José Mariátegui, who is widely regarded to have been a leading Marxist, liberatory, and decolonial figure in 20th century Latin America. Like many “Third World” intellectuals of the interwar (...) years, Mariátegui had an interest in decolonization struggles in Asia and wrote with some consistency on this subject and in ways that bear significantly upon key themes in his political theory. Since very little of this has received commentary, this essay begins a discussion of Mariátegui's decolonial experimentation with ideas about Asia, decolonization, and indigenous cultural forms, like those of the Incas and Confucians. After some preliminary discussion of Euro.. (shrink)

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)

When we ask a decision maker to express her preferences, it is typically assumed that we are eliciting a pre-existing set of preferences. However, empirical research has suggested that our preferences are often constructed on the fly for the decision problem at hand. This paper explores the ramifications of this empirical research for our understanding of instrumental rationality. First, I argue that these results pose serious challenges for the traditional decision-theoretic view of instrumental rationality, which demands global coherence amongst all (...) of one's beliefs and desires. To address these challenges, I first develop a minimal notion of instrumental rationality that issues in localized, goal-relative demands of coherence. This minimal conception of instrumental rationality is then used to offer a more sophisticated account of the global aspects of instrumental rationality. The resulting view abandons all-or-nothing assessments of rationality and allows us to evaluate decision makers as being rational to varying degrees. My aim is to propose a theory that is both psychologically and normatively plausible. (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)

What is the research for in the society? We may imagine the professionals engaged in these activities, shall we say, university professors, researchers in the public and private institutions, and even the lay inventors at home or in the neighborhood. The research is related with some of knowledge or ideas, which, however, should be creative and original. It is the main function of those professionals, and can develop in dissemination of the findings produced by research. It frontiers the knowledge of (...) humans which enables a better view of world and generates the public welfare. The scholars are often those professionals who are required or in some cases, squeezed to produce an original contribution to the specific field of academy. As the society develops, we now require a scientific knowledge beyond the plain understanding of the nature and society. The scientific knowledge is qualified of some elements, i.e., evidence-based, universal frame to be applied, sense of understanding, pragmatic in comprehension or application, more persuasion on theory, paradigm, typologies, intersubjectivity, empirical relevance and so. It informs a philosophy of humans, makes them conscientious and knowledgeable, as well as enhances a professional performance for not only their field but also other disciplines. For example, the criminal justice system borrows the idea or information confirmed by other disciplines, psychology and sociology notably. What is the Durham rule in the excuse of culpability? The scope of rule could not enjoy a persuasion if not to be supported by the works of psychologists. The scientific knowledge perhaps could recourse its most salient dynamism in coupling with an economic exploitation. A cultivation of knowledge to serve the economic use and its industrialization reveals it’s competitive edge in the society. The kind of concepts, information age, e-technology, and intellectual property rights are leading the present time of narrative as we see routinely. Many new laws, and new concept of e-education or e-government, GMO products as well as the travel of universe in the near future also follow that the updated profile of scientific knowledge on the engineering and natural science contributed to expand our horizon of subsistence. With this crucial importance, the author attempts to file some thoughts on the research and society. (shrink)

The world is occupied by many and varied things. What constitutes their thingness? In the Essay, Locke addresses this question in Book II, Chapter xxiii, titled ‘Of our Complex Ideas of Substance’, wherein the much-contested definition of ‘substratum’ appears—‘a supposed but unknown support of the Qualities’. Most significant in this definition are the dual qualifiers that Locke uses: ‘supposed’ and ‘unknown’. This paper examines this two-qualifier definition, illuminating the historical and philosophical significance it may have. There have been two rival (...) readings. The first takes Locke’s substratum to be a bare substratum; and the second identifies it with what Locke terms as ‘real essence’—i.e. ‘a real Constitution of the insensible Parts’. Critically reviewing these two major interpretations, I attribute to Locke a type of functionalism, according to which the status of a substratum is determined by its functional role of ‘uniting’ a bundle of qualities into an individual substance. (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)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

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

Confucian humility (qian xun 謙遜) is a deeply rooted virtue in East Asian traditions and widely practiced among modern East Asians. Despite its significance, our modern understanding of it remains imperfect, partly due to a prevailing misunderstanding of its true nature under the label of “modesty­bias.” This bias is often cited as a representative trait of East Asian collectivism in social or cultural psychology, leading to a narrow focus on attitudes and behaviors associated with it, with little attention to whether (...) it accurately reflects the historical roots of Confucian humility. This paper aims to highlight the notable differences between attitudes or behaviors related to modesty­bias and traditional Confucian humility, arguing that failing to make this distinction poses a significant obstacle to understanding Confucian humility as a virtue and its contemporary expression. Methodological suggestions are provided on how to conduct interdisciplinary research on Confucian humility, emphasizing the need to recognize and address the prejudice associated with modesty­bias. Such an interdisciplinary approach can also help discern modern attitudes or behaviors rooted in Confucian humility and shed new light on the continuing relevance of this traditional virtue in contemporary East Asian society. (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)

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)

The aims of this book is clear and straightforward. It was motivated to convert an inhumane or insipid experience with the various sources of global ranking into the kind of humanly and cultural experience within our daily lifestyle. Their outlook from presentation is masked with the number purely and perhaps through a myriad of complicated data or ranking information. The concept or self-identification within the experience or exposure would be less substantial or hard to get palpable. My attempt to improve (...) this aspect of contemporary practice certainly will fall short, but you can sense in some paragraphs or titles. I wrote this small piece of book in the end to take care of human integrity and stories for advancing the inherence and liveliness of interested actors or consumers despite all the wind-heads from the turf of existing ranking sources. The idea hopefully might be compatible with brand personification for the people interested in this area of world phenomenon. The structure of book was organized in less complete way, but might look cursory and spontaneous. The dealings obviously are never exhaustive unlike the major commercial providers, rather more akin to the consulting webs primarily in direct contact with the customers. Nevertheless, the ranking results finalized through this book is original in its methodology or in terms of data collection although the presentation is little in scope and mainly suggestive as a kind of ranking philosopher. Given my status as a college professor, it would be an unusual chemistry or brought me to shimmer at some point of meditation on how I could rank fairly and meaningfully. I merely hope that the readership can generously take this attempt as a pilot work or as the kind of post-modern work Avant Gardo or civilization strolls from understanding, criticism. It might be even through a bootstrap with the universal constitutionalism or communicative democracy. The book had been prepared mainly by editing into each section the previous work of articles and flowing through each of my brief pertaining to the purported ranking. Nevertheless, I am presenting an up-to-date elaboration on the graduate or post-graduate study and KIOSK on research doctorates. As followed by section four, the conventional spectrum of global CU rankings was discussed with a new attempt to measure them. Lastly, a reflection and piece of thought were wrought through little pages titled Epilogue at the end of this booklet. (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)

With the establishment of the World Trade Organization in 1995, the dispute settlement mechanism for international trade was greatly prepared unlike the old GATT system. It has a very different pattern from that of original GATT system. In our case, international trade is a matter of the future of nations, and in reality of the intense world economic competition, this system change may well be of concern to our government or legal experts. In this context, this paper examines the nature (...) and problems of the WTO appeal system under the premise of the rule of law, judicial prowess, and the role of a judge. The WTO dispute settlement mechanism is based on the domestic judicial system or other international judicial systems. In contrast to this, the comparative history is only short indeed, but according to the accumulation of future precedents, it is highly possible to provide a model for the achievement of the rule of law ideals in the international community. However, due to the inherent limitations of international agreement system, the reality of appellate body is not easy. In terms of the international trade and rule of law, the role of appellate body and judges is very broad. However, in this paper, we first look at the significance and nature of the launch of WTO and furthermore; 1) the rule of law and judicial system, 2) several issues related to the nature of WTO dispute settlement mechanism, 3) the importance of judge-made law and the scope and limitations of appellate jurisdiction, 4) issues of reference materials submitted by procedures outside the process, 5) the relationship between the appellate body and political authorities. Over the review, the penetrating thoughts will be focused on judicial activism. Those points of consideration will be discussed through the approach and method on the comparative legal studies and several significant WTO precedents. (shrink)