The late Zhou of China and the Classical age of Greece both saw great impetus in intellectual thought and were marked by intense warfare. Being closely linked to warfare in antiquity, sports was a vital, commonplace activity whose jargon and practices naturally informed philosophical discourses. One can thus observe convergences between athletics and ethics in texts which took shape in these times and places, a phenomenon which I shall refer to as “athl-ethics.” In this paper, I separately examine and then compare athl-ethic phenomenon in Mencius and in the Nicomachean Ethics. Both texts are rife with sports metaphors. I regard the use of sports-derived imagery as a thin form of athl-ethicism. Sports, however, did more than inspire useful analogies. Physical training and competition were considered occasions for nourishing and practicing virtue. This generated thicker forms of athl-ethicism.
Rina Marie Camus
With the development of the international community, public morals have attracted increasing attention from states. Nevertheless, the “public morals” exception clause in Article XX(a) of the General Agreement on Tariffs and Trade (GATT) is hardly invoked by state parties as a distinct basis for trade-restrictive measures. The EC-Seal Product dispute is the first case in which the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) considered this issue, after which it addressed the issue in the Columbia-Textiles and the Brazil-Taxation disputes. This article aims to analyze the kinds of public morals that can be justified while implementing trade-restrictive measures. It proposes that the human rights standard is a significant moral concern and that human rights law and trade law may be integrated. The article also addresses the question on the procedures that should be followed in applying Article XX(a) to avoid abuse. It concludes that Article XX(a) attaches intrinsic importance to striking a balance between trade liberalization and state sovereignty, for which it must be reserved in the GATT.
As we enter 21st century, with China’s economic rise, Chinese intellectual circle have come up with some new narratives regarding China’s position in the world order. Among these narratives, one that attracts most attention is the “civilization narrative.” It holds that China is not a general “nation-state,” nor a traditional “empire,” but a political body that should be described in terms of “civilization.” This article, by combining together intellectual history and social history, tries to make a critical evaluation of this “civilization narrative” from four aspects: first, the narratives about “civilization-state”; second, the relation between “civilization” and “China”; third, the contemporaneity of “civilization,” i.e. the historical condition under which classical canons and tradition are reconstituted in contemporary China; fourth, to examine the genealogy of “civilization narratives” and conceive the possibility for imagining a pluralistic world.
“Youth and the Countryside” by Li Dazhao is a pivotal text that initiated the “Going to the People” movement in China. Scholars have long focused either on its similarity with Russian populism or on its impact on Chinese Communist revolution later on. This paper attempts to situate the essay in its historical context and to delineate the process how the countryside as a problem emerged in Li Dazhao’s thinking. In “Youth and the Countryside,” the rural problem is closely associated with Li’s reflections on youth problems. Accordingly, the emergence of the countryside as a problem can only be possible after Li formed an understanding of class issues through his concept of “common people.”
Liu Lu and Qi Qi
This paper explores the law in China determining the validity of ad hoc arbitration agreements. It first points out the particularity of China’s attitude toward ad hoc arbitration through a textual analysis of key provisions in Chinese laws and the comparison between Chinese law and the law of other jurisdictions. The authors then adopt an empirical approach to analyze Chinese courts’ practice in the application of Chinese arbitration laws and conclude that, despite the clear wording employed by the Chinese Arbitration Law, Chinese courts could use two ways to save the ad hoc arbitration agreements without disobeying the statutory law. The paper then moves to analyze the Opinion of Supreme People’s Court on Providing Judicial Guarantee for the Construction of Free Trade Pilot Zone (hereinafter referred to as “SPC Opinion”) issued in December 2016, which is viewed as a tipping point toward a supporting regime of ad hoc arbitration. By implementing this SPC Opinion, for the first time, China regionally embraces ad hoc arbitration. On the basis of the analysis of this new development, the authors suggest possible facilitations to the SPC Opinion and predict the future reform of ad hoc arbitration.
Greek philosophers in general share a strong commitment to a life of reason and excellence. It is therefore surprising to see some of them argue in defense of symposiastic drunkenness. This essay investigates several such arguments. Its main source texts are books I and II of Plato’s Lawsand a passage in the excerpts on Peripatetic ethics in the doxography of Arius Didymus. The arguments are analyzed and situated in a broader cultural and philosophical context. The Peripatetic passage approves of drunkenness as an aspect of certain established forms of communal activity, with the caveat that the virtuous person will not desire drunkenness for its own sake. While it is clear that the Peripatetic author grounds the need for communal activities in our social nature, he fails to justify the existence of communal activities that lead to drunkenness. Plato’s arguments, by contrast, sketch out and justify a new, non-traditional framework for certain highly regulated forms of communal drunkenness. His first main argument relates to the goal of testing and nursing self-control through exposure to wine, while the second is based on the idea that the rejuvenating force of wine renders mature men again susceptible to the formative influence of song and dance as vehicles of good ethical qualities.
Through a close examination of late Ming publisher Hu Wenhuan’s Embellishing Appearances with Fragrant Cosmetic Cases , this article shows how beautification techniques became part of the culture of nourishing life. Hu encouraged women to make and use cosmetics as a way of practicing womanly work. For men, these techniques became a means of investigating things and cultivating the self. Hu’s text is an example of amateur experimentation involving medical knowledge in late imperial China that went beyond proprietary expertise. The practice-oriented recipes in Fragrant Cosmetic Cases helped readers to translate written knowledge into practical knowledge, and to circulate them to a broad group of users that included women, the less literate, and even the illiterate. By the early seventeenth century, what Hu marketed as knowledge to nourish the lives of women had become common knowledge for male elites.