A recent article by Vihalemm (Foundations of Chemistry, 2003) is critical of an earlier essay. We find that there is some justification for his criticism of vagueness in defining terms. Nevertheless the main conclusions of the earlier work, when carefully restated to deflect Vihalemm’s criticisms, are unaffected by his arguments. The various dicta that are used as the bases of chemical explanations are different in character, and are used in a different way from the laws and theories in (...) classical physics. (shrink)

In his Kritik der reinen Vernunft, Kant asserts that laws of nature “carry with them an expression of necessity”. There is, however, widespread interpretive disagreement regarding the nature and source of the necessity of empirical laws of natural sciences in Kant's system. It is especially unclear how chemistry—a science without a clear, straightforward connection to the a priori principles of the understanding—could contain such genuine, empirical laws. Existing accounts of the necessity of causal laws unfortunately fail (...) to illuminate the possibility of non-physical laws. In this paper, I develop an alternative, ‘ideational’ account of natural laws, according to which ideas of reason necessitate the laws of some non-physical sciences. Chemical laws, for instance, are grounded on ideas of the elements, and the chemist aims to reduce her phenomena to these elements via experimentation. Although such ideas are beyond the possibility of experience, their postulation is necessary for the achievement of reason's theoretical ends: the unification and explanation of the cognitions of science. (shrink)

Contingentism, generally contrasted with law necessitarianism, is the view that the laws of nature are contingent. It is often coupled with the claim that their contingency is knowable a priori. This paper considers Bird's (2001, 2002, 2005, 2007) arguments for the thesis that, necessarily, salt dissolves in water; and it defends his view against Beebee's (2001) and Psillos's (2002) contingentist objections. A new contingentist objection is offered and several reasons for scepticism about its success are raised. It is concluded (...) that certain higher-level laws describing the behaviours of molecular compounds may be necessary due to their dependence on underlying physical laws, and that the modal status of laws of nature cannot be determined a priori, as the structural features of the substances and properties they govern must first be investigated. (shrink)

This paper deals with the role of tort in the field of chemical air pollution regulation during the period 1863, when the first statutory intervention occurred, and 1881, when reforms to both the common law and statute were enacted. It compares the prominence of tort in this context with its significance in the field of injury to factory workers. The implications of tort's relevance in these contexts are then examined, having particular regard to those historiographies of Victorian government growth (...) in which the part played by tort is neglected. (shrink)

When “general physiology” emerged as a basic field of research within biology in the early nineteenth century, Henri Ducrotay de Blainville (1777–1850) on the one hand and Johannes Peter Müller (1801–1858) on the other appealed to chemical analysis to account for the properties and operations of organisms that were observed to differ from what was found in inorganic compounds. Their aim was to establish laws of vital organization that would be based on organic chemical processes, but would (...) also be of use to explain morphological and functional differences among life forms. The intent of this paper is to specify for each of these leading physiologists the different presuppositions that provided theoretical frameworks for their interpretation of what they conceived of as laws of organization underpinning the dynamics of vital phenomena. Blainville presumed that the properties of organic compounds depended on the chemical properties of their constitutive molecules, but combined according to patterns of functional development, and that the latter could only be inferred from an empirical survey of modes of organization across the spectrum of life forms. For Müller, while all vital processes involved chemical reactions, in the formative and functional operations of organisms, these reactions would result from the action of life forces that were responsible for the production of organic combinations and thus for vital and animal functions. As both physiologists set significant methodological patterns for their many disciples and followers, their respective quasi-reductionist and anti-reductionist positions need to be accounted for. (shrink)

In this paper, domain-specificity is presented as an understudied problem in chemical education. This argument is unpacked by drawing from two bodies of literature: learning of science and epistemology of science, both themes that have cognitive as well as philosophical undertones. The wider context is students’ engagement in scientific inquiry, an important goal for science education and one that has not been well executed in everyday classrooms. The focus on science learning illustrates the role of domain specificity in scientific (...) reasoning. The discussion on epistemology of science presents ideas from the emerging field of philosophy of chemistry to highlight the much neglected area of epistemology in chemical education. Domain-specificity is exemplified in the context of chemical laws, in particular the Periodic Law. The applications of the discussion for chemical education are explored in relation to argumentation, itself an epistemologically grounded discourse pattern in science. The overall implications include the need for reconceptualization of the nature of teaching and learning in chemistry to include more particular epistemological aspects of chemistry. (shrink)

This book provides a current analysis of the legal and ethical challenges in preparing for and responding to chemical, biological, radiological, nuclear and explosive crises. From past events like the Chernobyl nuclear incident in Russia or the Bhopal chemical calamity in India, to the more recent tsunami and nuclear accident in Japan or the Ebola crisis in Africa, and with the on-going threat of bioterrorism, the need to be ready to respond to CBRNE crises is uncontroversial. What is (...) controversial is whether we are on a path that adequately prepares us for the next event. The ethical and legal scholars in this volume hold that much work remains to be done and offer this book to stimulate further reflection and dialogue around CBRNE crises. This is an indispensable book for both students and scholars of bioethics, international law, public health, as well as for regulators and administrators developing policy and legislation related to public health planning and emergency responses. (shrink)

Chemical castration laws, such as one recently adopted in the U.S. State of Louisiana, raise challenging ethical concerns for physicians. Even if such interventions were to prove efficacious, which is far from certain, they would still raise troubling concerns regarding the degree of medical risk that may be imposed upon prisoners in the name of public safety as well as the appropriate role for physicians and other health care professionals in the administration of pharmaceuticals to competent prisoners over (...) the inmates’ unequivocal objections. This paper argues that the concerns raised by chemical castration are grave enough that, until they are adequately addressed by policymakers, physicians ought not to participate in the process. (shrink)

Jacques Monod (1971) argued that certain molecular processes rely critically on the property of chemical arbitrariness, which he claimed allows those processes to “transcend the laws of chemistry”. It seems natural, as some philosophers have done, to interpret this in modal terms: a biological relationship is chemically arbitrary if it is possible, within the constraints of chemical “law”, for that relationship to have been otherwise than it is. But while modality is certainly important for understanding chemical (...) arbitrariness, understanding its biological role also requires an account of the concrete causal-functional features that distinguish arbitrary from non-arbitrary phenomena. In this paper I elaborate on this under-emphasised aspect by offering a general account of these features: arbitrary relations are instantiated by mechanisms that involve molecular adapters, which causally couple two properties or processes which would otherwise be uncorrelated. Additionally, adapters work by acting as intermediate rather than cooperating causes. (shrink)

This chapter explores whether chemical castration can be justified as a form of criminal punishment. The author argues that castration via the drug medroxyprogesterone acetate (MPA), or some similar drug, does not achieve the punishment aims of retribution, deterrence, or incapacitation, but might serve as punishment in the form of rehabilitative treatment. However, current U.S. chemical castration statutes are too broad to be justified as rehabilitative. The state is warranted in targeting psychological states in criminal defendants for rehabilitative (...) treatment where such states (a) act as a primary cause of a criminal offender’s crime and (b) give rise to extraordinary worries that the offender will recidivate. Current statutes qualify criminal offenders for castration who do not have overwhelming sexual urges or other psychological states causally related to their crime that may be treated with MPA. Thus, even assuming the efficacy of MPA, such statutes are unjustifiable because they apply chemical castration to offenders for whom castration will have no rehabilitative effect. (shrink)

A world awash in little understood chemicals tragically harms adults and children alike. Laws keep health agencies in the dark about toxicants, slow, well motivated research hampers protections, and strenuous vested opposition exacerbates the harm. How science is used in the tort law can facilitate or frustrate redress of harm. This book recommends better approaches.

Nanotechnology, as with many technologies before it, places a strain on existing legislation and poses a challenge to all administrative agencies tasked with regulating technology-based products. It is easy to see how statutory schemes become outdated, as our ability to understand and affect the world progresses. In this article, we address the regulatory problems that nanotechnology posses for the Food and Drug Administration’s (FDA) classification structure for ‘‘drugs’’ and ‘‘devices.’’ The last major modification to these terms was in 1976, with (...) the enactment of the Medical Device Amendments. There are serious practical differences for a classification as a drug or device in terms of time to market and research. Drugs are classified, primarily, as acting by ‘‘chemical action.’’ We lay out some legal, philosophic, and scientific tools that serve to provide a useful, as well as legally and scientifically faithful, distinction between drugs and devices for the purpose of regulatory classification. These issues we raise are worth the consideration of anyone who is interested in the regulation of nano-products or other novel technologies. (shrink)

Antipsychotic medications are sometimes imposed on psychiatric patients deemed dangerous to themselves and others. This is based on the assumption that treatment is safe and effective, and that recovery depends on biological adjustment. Under new laws, patients can be required to remain on these medications after leaving hospitals. However, survivors attest that forced treatment used as a restraint can feel like torture, while the consequences of withdrawal can also be severe.

Models underlying the use of similarity considerations, dimensionless numbers, and dimensional analysis in chemical engineering are discussed. Special attention is given to the many levels at which models and ceteris paribus conditions play a role and to the modeling of initial and boundary conditions. It is shown that both the laws or dimensionless number correlations and the systems to which they apply are models. More generally, no matter which model or description one picks out, what is being modeled (...) is itself a model of something else. Instead of saying that the artifact S models the given B, it is therefore better to say that S and B jointly make up B and S. (shrink)

The problem of the peculiarcharacter of chemical laws and theories is a central topic in philosophy of chemistry. Oneof the most characteristic and, at the sametime, most puzzling examples in discussions onchemical laws and theories is Mendeleev''speriodic law. This law seems to be essentiallydifferent in its nature from the exact laws ofclassical physics, the latter being usuallyregarded as a paradigm of science byphilosophers. In this paper the main argumentsconcerning the peculiar character of chemicallaws and theories are (...) examined. The laws ofchemistry are natural laws to the same extentas are the laws of physics. The law discoveredby Mendeleev is a normal law of nature. It isnot a law of physics, nevertheless, it is exactin the same philosophical sense as are the lawsof physics. The periodic system of chemicalelements was established by constructing anidealized system of idealized elements. Thefundamental idealization substantiated byexperimental chemistry was the chemicalelement as a place in the periodicsystem. (shrink)

Summary James Watt (1736–1819) is best known as an engineer who dramatically improved the efficiency of the steam engine. What we take to be his chemical interests are conventionally seen as peripheral to his main line of work. He is usually treated as a chemist in three main contexts: his ‘practical’ chemical work relating to chlorine bleaching, varnishes, pottery, and so on; his work with Thomas Beddoes on the medicinal uses of various ‘airs’; his, much disputed, claim as (...) a chemical discoverer in the case of the composition of water. In this paper, I argue that Watt himself, and his contemporaries, saw the centrepiece of his steam engine work—the separate condenser—as a chemical invention. I also suggest more broadly that Watt understood the steam engine as a chemical device. For Watt and his Scottish friends, the study of steam and heat was a chemical enquiry. The subsequent changes in the place of heat in chemical enquiry in the early nineteenth century led to a reclassification of Watt's chemical investigations as ‘physics’. This, in turn, produced the sharp separation of his chemical and engineering activities characteristic of modern historiography. Watt's steam engine, which is usually placed in the lineage of machines understood as heat engines, and explained by the laws of thermodynamics, is better seen in context as a chemical device. Watt's ‘indicator diagram’ is reassessed in the light of this. (shrink)

A simple treatment of chemical equilibrium is given, based on Boltzmann’s distribution law. The results are compared with those obtained by using thermodynamics.

This Brief presents an historical investigation into the reaction between ferric ions and thiocyanate ions, which has been viewed in different ways throughout the last two centuries. Historically, the reaction was used in chemical analysis and to highlight the nature of chemical reactions, the laws of chemistry, models and theories of chemistry, chemical nomenclature, mathematics and data analysis, and instrumentation, which are important ingredients of what one might call the nature of chemistry. Using the history of (...) the iron thiocyanate reaction as a basis, the book’s main objective is to explore how chemistry develops its own knowledge base; how it assesses the reliability of that base; and how some important tools of the trade have been brought to bear on a chemical reaction to achieve understanding, a worthwhile goal of any historical investigation. (shrink)

In the problem of the relationship between chemistry and physics, many authors take for granted the ontological reduction of the chemical world to the world of physics. The autonomy of chemistry is usually defended on the basis of the failure of epistemological reduction: not all chemical concepts and laws can be derived from the theoretical framework of physics. The main aim of this paper is to argue that this line of argumentation is not strong enough for eliminate (...) the idea of a hierarchical dependence of chemistry with respect to physics. The rejection of the secondary position of chemistry and the defense of the legitimacy of the philosophy of chemistry require a radically different philosophical perspective that denies not only epistemological reduction but also ontological reduction. Only on the basis of a philosophically grounded ontological pluralism it is possible to accept the ontological autonomy of the chemical world and, with this, to reverse the traditional idea of the ‘superiority’ of physics in the context of natural sciences. (shrink)

This chapter deals with the main characteristics of natural kinds, and analyzes three approaches to them. The first approach argues that natural kinds are characterized by their essential properties (in a modern, scientific sense), but encounter difficulties even on the physico-chemical level, which is where it seems to be better implemented. On the other hand, the constructivist stance, much more liberal, does not explain why certain kinds are inductively useful and not others. Third, an introduction, with comments, is provided (...) on the approach of Richard Boyd, among others, which understands natural kinds as homeostatic property clusters that accommodate to the causal structure of the world. In this view, natural kinds are usually fuzzy sets with no clear boundaries, subject to time and space limitations, and relative to some perspective. However, it solves the problems of the other approaches mentioned without forgoing a realistic conception of natural kinds. Finally, a proposal is made on how an application of Boyd’s ideas to the analysis of laws of nature can help to solve the old chestnut about the distinction between scientific laws and accidentally true generalizations. (shrink)

When the Toxic Substances Control Act was passed by the US Congress in 1976, its advocates pointed to new generation of genotoxicity tests as a way to systematically screen chemicals for carcinogenicity. However, in the end, TSCA did not require any new testing of commercial chemicals, including these rapid laboratory screens. In addition, although the Environmental Protection Agency was to make public data about the health effects of industrial chemicals, companies routinely used the agency’s obligation to protect confidential business information (...) to prevent such disclosures. This paper traces the contested history of TSCA and its provisions for testing, from the circulation of the first draft bill in the Nixon administration through the debates over its implementation, which stretched into the Reagan administration. The paucity of publicly available health and environmental data concerning chemicals, I argue, was a by-product of the law and its execution, leading to a situation of institutionalized ignorance, the underside of regulatory knowledge. (shrink)

For years, legal scholars and environmental activists have maintained that traditional tort proof requirements create insurmountable obstacles to recovery for most plaintiffs in chemical exposure cases, be they pharmaceutical suits or environmental toxic tort cases. Generally, tort law requires a plaintiff to show that the defendant owed a duty, that the defendant breached that duty, and that the breach of that duty caused the injury that is the subject of the suit. In some cases those requirements can be relaxed, (...) as for example, when an injury is of a type that does not occur except as a result of negligence. (shrink)

At the heart of chemistry lies the periodic system of chemical elements. Despite being the cornerstone of modern chemistry, the overall structure of the periodic system has never been fully understood from an atomic physics point of view. Group-theoretical models have been proposed instead, but they suffer from several limitations. Among others, the identification of the correct symmetry group and its decomposition into subgroups has remained a problem to this day. In an effort to deepen our limited understanding of (...) the periodic law, we have extended the traditional Lie algebraic framework to account for the peculiar degeneracy structure of the periodic system. Starting from the four-dimensional hidden symmetry and accidental degeneracy of the hydrogen atom, as first revealed by Fock in 1935, our research has mainly focussed on the way this SO(4) symmetry of the Coulomb potential gets broken in the periodic system as a consequence of the transformation of the hydrogenic (n, l) filling order to the Madelung (n+l, n) order due to electronic repulsions, relativistic effects and spin-orbit couplings. In this PhD dissertation, a new left-step format of the periodic table is first proposed on the basis of the Madelung rule. Following the particle physics tradition, the chemical elements are then considered as various states of some 'atomic matter', which is described by a non-compact spectrum-generating dynamical Lie group. The chemical elements are shown to form a basis for a single infinite-dimensional degeneracy space of the SO(4,2) ⊗ SU(2) group. An explanation for the period doubling is then proposed in terms of a particular symmetry breaking of the SO(4,2) group to the anti de Sitter SO(3,2) group. The Madelung rule is rationalised on the basis of nonlinear Lie algebras which reflect the screening of the Coulomb hole. This opens new perspectives for a symmetry-based understanding of how the periodic law emerges from its quantum mechanical foundations, and holds the future promise of complementing our current phenomenological approach by a direct atomic physics approach. (shrink)

We review different studies of the Periodic Law and the set of chemical elements from a mathematical point of view. This discussion covers the first attempts made in the 19th century up to the present day. Mathematics employed to study the periodic system includes number theory, information theory, order theory, set theory and topology. Each theory used shows that it is possible to provide the Periodic Law with a mathematical structure. We also show that it is possible to study (...) the chemical elements taking advantage of their phenomenological properties, and that it is not always necessary to reduce the concept of chemical elements to the quantum atomic concept to be able to find interpretations for the Periodic Law. Finally, a connection is noted between the lengths of the periods of the Periodic Law and the philosophical Pythagorean doctrine. (shrink)

Over the last half century, a multijurisdictional, multiscale system of governance has emerged to address concerns associated with toxic chemicals that have the capacity to bioaccumulate in organisms and biomagnify in food chains, leading to fish consumption advisories. Components of this system of governance include international conventions, laws enacted by nation states and their subjurisdictions, and efforts to adaptively manage regional ecosystems. Given that many of these compounds – including mercury, industrial chemicals such as polychlorinated biphenyls, and pesticides such (...) as toxaphene – circulate throughout the globe through cycles of deposition and reemission, regional efforts to eliminate the need for fish consumption advisories cannot be successful without efforts to reduce emissions everywhere in the world. This paper argues that the scientific community, by monitoring the concentrations of these compounds in the atmosphere and by modeling their fate and transport, play an important role in connecting the various jurisdictional scales of governance. In addition, the monitoring networks that this community of scientists has established can be visualized as a technology of governance essential in an era in which societies have the capacity to produce and release such chemicals on an industrial scale. (shrink)

Oleoresin capsicum (OC) is a substance contained in capsicum peppers that produces a range of physiological responses in mammals, including inflammation and respiratory constriction. It is also the active ingredient in the most widely used chemical munition in the United States. OC-based pepper sprays are now issued to police officers by nearly every law enforcement agency in the country. Police use of pepper spray is supported by an ostensibly evidence-based consensus that OC exposure presents no significant risk of lethal (...) injury. This essay examines the peculiar durability of that nonlethality consensus in the face of mounting contradictory evidence. It traces the trajectory of European science that links race and capsaicin sensitivity from colonization to slavery to the twentieth century, while also narrating the emergence of OC-based pepper spray as a distinct and highly desirable category of police weapon. It concludes by exposing medicolegal death examination practices that continually rehabilitate the nonlethality consensus by naturalizing deaths caused by or linked to OC exposure. (shrink)

This paper combines naturalized metaphysics and a philosophical reflection on a recently evolving interdisciplinary branch of quantum chemistry, ab initio molecular dynamics. Bridging the gaps among chemistry, physics, and computer science, this cutting-edge research field explores the structure and dynamics of complex molecular many-body systems through computer simulations. These simulations are allegedly crafted solely by the laws of fundamental physics, and are explicitly designed to capture nature as closely as possible. The models and algorithms employed, however, involve many approximations (...) and significant degrees of idealization of their target systems. Therefore, for philosophers of science the pivotal question of whether relying only on the fundamental laws of physics supports a reductionist or realist stance arises. One conceivable answer to this question is that the irreducible approximations and idealizations support rather anti-realist positions. After reviewing an influential attitude in the philosophy of computer simulations and the debate concerning scientific realism, I offer a fair interpretation of such ab initio modelling in quantum chemistry within a naturalistic metaphysical framework that gives rise to a specific type of ontic structural realism. (shrink)

The better best system account, short BBSA, is a variation on Lewis’s theory of laws. The difference to the latter is that the BBSA suggests that best system analyses can be executed for any fixed set of properties. This affords the possibility to launch system analyses separately for the set of biological properties yielding the set of biological laws, chemical properties yielding chemical laws, and so on for the other special sciences. As such, the BBSA (...) remains silent about possible interrelations between these freestanding sets of laws. In this paper, I explicate an emergence relation between them which preserves the autonomy or novelty of each special science’s laws but also shows their dependence: the autonomy of each level’s generalisations is given because nomicity is conferred to them system intrinsic, their dependence is established via their supervenience on lower level laws. As will be shown, the autonomy of special science laws is further strengthened by their ceteris paribus character. (shrink)

A central thesis of intelligent‐design theorists is that physical and chemical laws and chance are insufficient to account for irreducibly complex biological structures and that intelligent design is necessary to account for such phenomena. This assertion, however, still implies a reductionist ontology. We need to recognize that reality displays multiple modes of being beyond simply chemical and physical modes of being, each of which is governed by laws for that mode of being. This essay argues for (...) an alternate framework for understanding life phenomena that is neither philosophical materialism nor intelligent‐design theory. (shrink)

For years, legal scholars and environmental activists have maintained that traditional tort proof requirements create insurmountable obstacles to recovery for most plaintiffs in chemical exposure cases, be they pharmaceutical suits or environmental toxic tort cases. Generally, tort law requires a plaintiff to show that the defendant owed a duty, that the defendant breached that duty, and that the breach of that duty caused the injury that is the subject of the suit. In some cases those requirements can be relaxed, (...) as for example, when an injury is of a type that does not occur except as a result of negligence. (shrink)

For years, legal scholars and environmental activists have maintained that traditional tort proof requirements create insurmountable obstacles to recovery for most plaintiffs in chemical exposure cases, be they pharmaceutical suits or environmental toxic tort cases. Generally, tort law requires a plaintiff to show that the defendant owed a duty, that the defendant breached that duty, and that the breach of that duty caused the injury that is the subject of the suit. In some cases those requirements can be relaxed, (...) as for example, when an injury is of a type that does not occur except as a result of negligence. (shrink)

Matthew Stolick presents a detailed social and scientific exploration of the social history of cannabis, chemical make-up of the cannabis plant, and effects of cannabis use. Applying the moral thought of Aristotle, Kant, Mill, and Christianity, Stolick demonstrates the amoral nature of cannabis use.

Matthew Stolick presents a detailed social and scientific exploration of the social history of cannabis, chemical make-up of the cannabis plant, and effects of cannabis use. Applying the moral thought of Aristotle, Kant, Mill, and Christianity, Stolick demonstrates the amoral nature of cannabis use.

Because it is fundamental in the training of a chemist, any new work on Thermodynamics is bound to evoke the interest of those who are engaged in teaching chemistry at higher levels. The present book is intended for University students taking Chemistry as a Degree subject. It is written in a straightforward style and the subject is developed clearly and logically. The laws of thermodynamics are treated adequately, the first and second getting fuller attention since they serve as a (...) foundation for the definition and consideration of free energy, entropy and other thermodynamical functions. The criteria of equilibrium are thoroughly examined and a considerable amount of data illustrative of the chief topics is given. Rather unusual but interesting and highly useful features include bond-energies, the Born-Haber Cycle, the velocity of an adiabatically expanded jet of gas, the stretching of rubber, high polymer solutions. (shrink)

In “The Bioethics of Environmental Injustice: Ethical, Legal, and Clinical Implications of Unhealthy Environments,” Ray and Cooper (2024) advocate for environmental law efforts, with a focus on the...

This article considers issues concerning cases where the use of placebo is lawful or is not lawful under aspects of German criminal law. It will differentiate between cases of individual therapy and cases of supervised experiments within the scope of medical tests. Thereby, it reveals that a medication of placebo with regard to an individual patient seems to be lawful if there is no alternative possibility of a better treatment using a chemically effective medicine and if the limits of presumed (...) consent are complied with. On the other hand, in the context of the supervised experiment, the assignment of a patient to a group treated with placebo is only lawful if the patient has been fully informed about the possibilities of a treatment and if the patient has given consent to it. (shrink)

The development of chemical warfare by the United States in World War I reveals the chaotic nature of American science in the period, and how attempts to overcome problems helped to establish the modern relationship of military-scientific research.

Having a criminal justice system that imposes sanctions no doubt does deter criminal conduct. But available social science research suggests that manipulating criminal law rules within that system to achieve heightened deterrence effects generally will be ineffective. Potential offenders often do not know of the legal rules. Even if they do, they frequently are unable to bring this knowledge to bear in guiding their conduct, due to a variety of situational, social, or chemical factors. Even if they can, a (...) rational analysis commonly puts the perceived benefits of crime greater than its perceived costs, due to a variety of criminal justice realities such as low punishment rates. These conclusions are reinforced by studies of crime rates following rule changes. Many show no change in deterrent effect. Those that purport to show a deterrent effect commonly have persuasive non-deterrence explanations, such as a change in incapacitative effect. The few studies that segregate deterrent and incapacitative effects tend to reinforce the conclusion that rule formulation has a deterrent effect only in those unusual situations in which the preconditions to deterrence exist. Even there, the deterrent effects are quite minor and unpredictable, hence inadequate grounds to influence criminal law rule making. (shrink)

This paper explores how law might conceive of the injury or harm of endocrine disruption as it applies to an aboriginal community experiencing chronic chemical pollution. The effect of the pollution in this case is not only gendered, but gendering: it seems to be causing the ‘production’ of two girl babies for every boy born on the reserve. This presents an opening to interrogate how law is implicated in the constitution of not just gender but sex. The analysis takes (...) an embodied turn, attempting to validate the real and material consequences of synthetic chemicals acting on bodies—but uncovers that finding a harm in a declining sex ratio depends on a static conception of the human form, based on unfounded assumptions of ‘naturalness’ and ‘normalcy’. Elizabeth Grosz’s theory of ‘becoming’ offers a compelling challenge, essentially pointing to the conclusion that we should find harm where we find illness and suffering and not simply where we find difference. At the same time, we cannot discount the political economy of the pollution: the paper concludes by returning the focus to the role of power, colonialism and the state in the perpetuation of the pollution on the landscape. (shrink)

In 2008, Susan L. Smith published “Mustard Gas and American Race-Based Human Experimentation in World War II.” Research, undertaken by the US Army, attempted to quantify the effect of mustard gas and othe chemical agents on people from different racial groups. This was based on the idea that different races would respond differently to the toxins, and in particular that this would be evident through dermal reaction. In other words, different skin color might mean different skin constitution. Some of (...) the testing seemed reasonable, since new chemicals and equipment had been developed since 1919, and the racial issue added another dimension to the research. On closer examination, the testing was primarily based on old chemical agents such as mustard gas, Lewisite and phosgene, and thus the extent of the testing seemed scientifically and medically unnecessary. The chemical agents had been developed, tested, used in battle, the wounded treated and the dead subjected to detailed pathological study. The major combatants in World War I had all committed extensive scientific resources to the study of these agents looking at both offensive and defensive aspects of their use, including toxicity testing. The U.S. Chemical Warfare Service had been formed in 1918 to specifically deal with issues such as toxicity tests, so why was the U.S. Army revisiting the subject of chemical weapons testing during World War II? (shrink)

An influential position in the philosophy of biology claims that there are no biological laws, since any apparently biological generalization is either too accidental, fact-like or contingent to be named a law, or is simply reducible to physical laws that regulate electrical and chemical interactions taking place between merely physical systems. In the following I will stress a neglected aspect of the debate that emerges directly from the growing importance of mathematical models of biological phenomena. My main (...) aim is to defend, as well as reinforce, the view that there are indeed laws also in biology, and that their difference in stability, contingency or resilience with respect to physical laws is one of degrees, and not of kind . (shrink)

"What is a military aircraft? John Law shows in his beautiful analysis that it is a constant oscillation between multiplicity and singularity.