BackgroundBalancing the rights and obligations of custodians and applicants in relation to access to biobanks is of utmost importance to guarantee trust and confidence. This study aimed to reveal which issues divide different stakeholders in an attempt to determine the rights and/or obligations held on human biological materials and data.MethodsTwenty-eight informants in the Benelux and Scandinavia were interviewed in order to capture the perspectives of experts and stakeholders in relation to the rights and obligations held by custodians and applicants with (...) respect to access to HBM and data.ResultsThere was no consensus among the informants on whether the custodian of a biobank should decide upon the scientific merits and the utility of an access request. Nearly all informants agreed that a new request or an amendment to the initial request has to be submitted when an applicant wants to use leftover HBM in a new or follow-up project. Several informants felt that it might be justified to charge higher access fees to external or industrial applicants that did not contribute to the collection of HBM and data. Most informants agreed that a custodian of a biobank could request the sharing and return of research results. It was furthermore argued that some of the benefits of research projects should be fed back into biobanks.ConclusionsThe interviews revealed a rather complex web of rights and obligations allocated to the custodian and the applicant in relation to access to HBM and data stored in biobanks. Some rights and obligations are negotiated on a case-by-case basis, while others are stipulated in access arrangements. We did find a consensus on the attribution of certain general rights to the custodians and the applicant. (shrink)

Balancing the rights and obligations of custodians and applicants in relation to access to biobanks is of utmost importance to guarantee trust and confidence. This study aimed to reveal which issues divide dif..

This article considers the practical question of how research institutions should best structure their legal relationship with the human genomic data that they generate. The analysis, based on South African law, is framed by the legal position that although a research institution that generates human genomic data is not automatically the owner thereof, it is well positioned to claim ownership of newly generated data instances. Given that the research institution exerts effort to generate the data, it can be argued that (...) it has a moral right to claim ownership of such data. Combined with the fact that it has an interest in having comprehensive rights in such data, it appears that the prudent policy for research institutions is to claim ownership of the human genomic data instances that they generate. This policy is tested against two opposing policy positions. The first opposing policy position is that research participants should own the data that relate to them. However, in light of data protection legislation that already provides extensive protections to research participants, bestowing data ownership on research participants would offer little benefit to such individuals, while leading to significant practical problems for research institutions. The second opposing policy position is that the concept of ownership should be abandoned in favour of data custodianship. This opposing position is problematic, as avoiding reference to ownership is a denial of legal reality and hence not a useful policy. Also, avoiding reference to ownership will leave research institutions with limited legal remedies in the event of appropriation of data by third parties. Accordingly, it is concluded that the wisest policy for research institutions is indeed to explicitly claim ownership of the human genomic data instances that they generate. (shrink)

Growth of the national cattle herd is contributing to rapid and inappropriate deforestation in Honduras. Field research was conducted in the Department of Olancho to better understand this problem and to assess the possibilities for local interest in forest protection. A recent upsurge in the profitability of cattle farming bodes badly for the forest, but three countervailing factors could ultimately serve as the basis for community-based forest management. First, area residents have a greater appreciation for the economic and ecological functions (...) of the forest than one might surmise, given the rapid pace of deforestation. Second, timber is a significant source of community income, thus there may be latent incentives to maintain supplies in the long term. Third, some residents will not turn to cattle farming, in spite of its profitability, perhaps because of their dependence on timber marketing. Policies enacted in 1992 undermine theseincipient incentives for forest custodianship. Inappropriate deforestation can be lessened through policy reforms thatwould enable smallholders to conserve and manage their resources over the long-term. (shrink)

Two principles, concerning custodianship and no retrospective right of ownership, will be fundamental to the just management of natural assets in future. Because natural assets are not man-made, the rights of ownership are not confined to the present generation that controls their exploitation. I have proposed an ethical requirement of custodianship towards future generations in which the present generation compensates future generations for the exploitation of natural assets by bequeathing the equivalent value of man-made assets. Because natural assets (...) are discovered through a geological lottery, prior to search there is a natural veil of ignorance as to which locations will be endowed favourably and unfavourably. This creates a useful role for a polity to secure a just distribution of resource rents for all citizens rather than let them be dissipated through search and accrue highly unequally. But justice requires that ex post, well-endowed regions forfeit the right of ownership over those natural assets which have been discovered. Justice requires the rule of no retrospective right of ownership. (shrink)

The question of ethics and their role in archaeology has stimulated one of the discipline's liveliest debates. In this collection of essays, first published in 2006, an international team of archaeologists, anthropologists and philosophers explore the ethical issues archaeology needs to address. Marrying the skills and expertise of practitioners from different disciplines, the collection produces interesting insights into many of the ethical dilemmas facing archaeology today. Topics discussed include relations with indigenous peoples; the professional standards and responsibilities of researchers; the (...) role of ethical codes; the notion of value in archaeology; concepts of stewardship and custodianship; the meaning and moral implications of 'heritage'; the question of who 'owns' the past or the interpretation of it; the trade in antiquities; the repatriation of skeletal material; and treatment of the dead. This important collection is essential reading for all those working in the field of archaeology, be they scholar or practitioner. (shrink)

BackgroundAdvances in healthcare artificial intelligence (AI) are occurring rapidly and there is a growing discussion about managing its development. Many AI technologies end up owned and controlled by private entities. The nature of the implementation of AI could mean such corporations, clinics and public bodies will have a greater than typical role in obtaining, utilizing and protecting patient health information. This raises privacy issues relating to implementation and data security. Main bodyThe first set of concerns includes access, use and control (...) of patient data in private hands. Some recent public–private partnerships for implementing AI have resulted in poor protection of privacy. As such, there have been calls for greater systemic oversight of big data health research. Appropriate safeguards must be in place to maintain privacy and patient agency. Private custodians of data can be impacted by competing goals and should be structurally encouraged to ensure data protection and to deter alternative use thereof. Another set of concerns relates to the external risk of privacy breaches through AI-driven methods. The ability to deidentify or anonymize patient health data may be compromised or even nullified in light of new algorithms that have successfully reidentified such data. This could increase the risk to patient data under private custodianship.ConclusionsWe are currently in a familiar situation in which regulation and oversight risk falling behind the technologies they govern. Regulation should emphasize patient agency and consent, and should encourage increasingly sophisticated methods of data anonymization and protection. (shrink)

That nature, including insentient entities such as trees, rivers, or ecosystems, should be recognized as right-holders is an enticing thought that would have substantial practical repercussions. But the position finds little support from moral conceptions of rights and moral distinctions that have judicial relevance in the sense of providing normative reasons for legislation and assessing existing laws. An alternative to viewing rights of nature as proper rights resting on valid moral claims that ought to be legally recognized is to regard (...) them as ‘manifesto’ rights. Such rights are based on political demands and hold even if there is no one with a corresponding duty to fulfill them. I investigate whether rights of nature can be considered manifesto rights. Some objections to regarding rights of nature as manifesto rights will be considered, such as difficulties of delimiting the borders of an environmental entity and making successful analogies with existing (human) rights based on interests and needs. It will be suggested that while some of those challenges can be mitigated by custodianship, it is not clear what needs of insentient entities in nature would justify such claims. It is found that rights of nature depend substantially on legitimate custodians both for delineation of the entity in question and for establishing interest-like characteristics. But rights of nature are not manifesto rights when there is a legitimate custodian having the possibility of evoking duties in others. However, the need for a legitimate custodian in delimitation and establishing normatively relevant characteristics of specific environmental entities defeats universal appeals to rights of nature. (shrink)

While justifications are used frequently by young children in their everyday interactions, their use has not been examined to any great extent. This article examines the interactional phenomenon of justification used by young children as they manage social organization of their peer group in an early childhood classroom. The methodological approaches of conversation analysis and membership categorization analysis were used to analyse video-recorded and transcribed interactions of young children in a preparatory classroom in a primary school in Australia. The focus (...) is an episode that occurred within the play area of the classroom and involved a dispute of ownership relating to a small, wooden plank. Justifications were frequent occurrences as the young participants drew upon justificatory devices to support their stances. The justifications related to the concepts of ownership and were used by those engaged in the particular dispute to support their positions and provide reasons for their actions. Four types of justificatory responses using child-constructed rules are highlighted. They are: justification based on the rule of transferred ownership; the rule of first possession; rules associated with custodianship; and the rule of third-party verification. The justifications are practices that work to build and reinforce individual children's status within the group, which in turn contributes to the social order of the classroom. (shrink)

Hunt, Anne The 1917 Code of Canon Law had only two general canons on the laity. It made a clear demarcation between the clergy and the laity. The clergy always have precedence over the laity. The laity cannot perform any act of jurisdiction or order. The Code reflects the ecclesiology of the post-Tridentine church, famously expressed by Pope Pius X who, in 1906, described the church as essentially an unequal society. That ecclesiology assumes a pyramidal model of church. The apostolate (...) of the church is basically that of the hierarchy. Ministries pertain to the ordained. Custodianship of revelation resides with the hierarchy. Lay people effectively have the status of dependent children: it is for them to submit to and receive from the hierarchy. The theology of the church's mission was also limited, with the work of evangelization considered to be that of missionaries and basically directed outside the church. The laity, it seemed, had no mission. While necessarily reflecting the ecclesiological and historical circumstances of its era, it was nevertheless a deficient ecclesiology in a number of ways. Even the language to describe the unordained faithful remained undeveloped with the term 'lay' in common parlance connoting the inexpert and unqualified in contrast to those with professional competence and authority, and as such inadequate to the ecclesial reality of the laity. (shrink)

The author, a regional health authority administrator, argues that `ownership' is a side issue in legal and moral arguments over confidentiality of medical records. Nor is it practicable, he argues, for doctors alone to control all access to the medical records. He proposes the principle of `custodianship' of confidential information, to be accepted by an institution as a whole, as a possible way of resolving the problem. In commentaries on this and the following article an academic lawyer and a (...) practising physician respond. (shrink)

The paper questions the ability of current university systems to respond appropriately to the complex demands of an Information Economy. It argues that new relationships between creative subjects and technology require new thinking about the nature and purpose of universities per se. In particular, attention is drawn to the growing involvement of the private sector in higher education. It is argued that it may not be appropriate to think of the `university of the future' in terms of current public sector (...) and quasi public sector institutions, but rather in terms of an emporium, based on an international trade in educational services, and with the `University' as we now understand it occupying the functions of licensing, quality assurance and cultural custodianship. (shrink)

Our paper explores the complex place-based relations of cross-sector partnerships between Indigenous and non-Indigenous partners. We draw on a longitudinal in-depth case study of the Bundian Way, an Indigenous-led cross-sector partnership of over 40 organisations. Through practices of listening to history and walking ‘on Country’, the non-Indigenous partners and our team came to appreciate the indivisibility of place and time and bear witness to the intergenerational trauma of colonially imposed divisions. By combining a 45-day place-based ethnography with a 36-month participant (...) observation and repeated interviews with the Advisory Committee members, we explain how non-Indigenous members of the cross-sector partnership came to realise, and reverse, these place-time divisions. We contribute to an ethics of custodianship by first contrasting, and then combining, Indigenous and Western ways of knowing place through time. (shrink)

ABSTRACT The construction of the modern Buddhist ‘Holy Land’, in present-day India and Nepal, was part and parcel of the formation of Buddhism as a world religion in the early twentieth century and continues to represent a potent expression of Buddhist materiality in the contemporary moment. This article explores the location of the Buddha’s birthplace at Lumbinī within the discourse of modern Theravāda missionisation, reform and preservation. I assert that the project of locating and restoring Lumbinī was essential to Buddhism’s (...) modern revival in Nepal and the domestication of Theravāda. The Maha Bodhi Society and Nepal’s Dharmodaya Sabha were formative in the construction of Lumbinī as a monument of Buddhist heritage and operated as the leading voices in efforts to repatriate the site to Buddhist custodianship. Exploring the material dimensions of early modern Theravāda reform signals a shift from domestic encounters with colonialism and Christian missionisation in locales of Buddhist majority to the transnational flow of persons, practices and knowledges that have come to shape the contours of modern Buddhism. 1. (shrink)

The notion of the best interest of children figures prominently in family and reproductive policy discussions and there is a considerable body of empirical research attempting to connect the interests of children to how families and society interact. Most of this research regards the effects of societal responses to perceived problems in families, thus underlying policy on interventions such as adoption, foster care and temporary assumption of custodianship, but also support structures that help families cope with various challenges. However, (...) reference to the best interest of children can also be applied to a more basic issue in family policy, namely that of what is to be considered a family in the first place. This issue does not raise any questions regarding the proper conditions for when society should intervene in or change the family context of a child. Rather, it is about what social configurations should be recognized as a potentially fitting context for children to enter into and (if all goes well) eventually develop into adulthood within /.../ such that society’s default institutional arrangements allow it to have (by sexual and artificial reproduction, adoption, and combinations of these), care for and/or guard children. [This] will frame any further discussion of /.../ policies having further implications for, for example, the practices of adoption and reproductive technology, as well as regulation of custody in the event of separation or parental disagreement. (shrink)

In recent decades conservation biology has achieved a high position among the sciences. This is certainly true of South Africa, a small country, but the third most biodiverse in the world. This article traces some aspects of the transformation of South African wildlife management during the 1930s to the 1960s from game reserves based on custodianship and the "balance of nature" into scientifically managed national parks with a philosophy of "command and control" or "management by intervention." In 1910 the (...) four British colonies had formed the Union of South Africa, and by the 1920s there was wide acceptance of national parks, a development influenced by their success in the United States. It was not, however, until after the Second World War, that management of the expanding conservation estate altered from a rather unsystematic laissez faire variety, into more scientifically informed management practices with an efficient bureaucracy in charge. This was achieved by modifications in organizational structures and institutional cultures initiated by a change of government in 1948 which, this article argues, impacted in turn on wildlife management and shaped and professionalized many aspects of that field science. "Management by intervention" was the hallmark of South African wildlife and conservation biology from the 1960s until recently, when there have been shifts towards "adaptive resource management" in a period of further change in the country's politics. (shrink)

In recent decades conservation biology has achieved a high position among the sciences. This is certainly true of South Africa, a small country, but the third most biodiverse in the world. This article traces some aspects of the transformation of South African wildlife management during the 1930s to the 1960s from game reserves based on custodianship and the "balance of nature" into scientifically managed national parks with a philosophy of "command and control" or "management by intervention." In 1910 the (...) four British colonies had formed the Union of South Africa, and by the 1920s there was wide acceptance of national parks, a development influenced by their success in the United States. It was not, however, until after the Second World War, that management of the expanding conservation estate altered from a rather unsystematic laissez faire variety, into more scientifically informed management practices with an efficient bureaucracy in charge. This was achieved by modifications in organizational structures and institutional cultures initiated by a change of government in 1948 which, this article argues, impacted in turn on wildlife management and shaped and professionalized many aspects of that field science. "Management by intervention" was the hallmark of South African wildlife and conservation biology from the 1960s until recently, when there have been shifts towards "adaptive resource management" in a period of further change in the country's politics. (shrink)

The permanent preservation of objects in global custodianship is a captivating ideal that informs countless museums’ corporate identities and governs collection guidelines as well as politics. Recent research has challenged the alleged perpetuity of collections and collected items, revealing their coherence as fragile and dependent on historically, politically and culturally specific conditions. Duplicates offer an instructive point of entry to explore the idea of collection permanence, museum politics, and the mobility of museum objects. The history of duplicates, moreover, comprises (...) a constellation of practises, concepts and debates that can be found in various forms throughout the intertwined histories of natural-scientific, ethnographic and artistic collections. This history, however, has rarely been questioned or explored. By introducing the issue of duplicates, this paper opens up a discussion that not only connects different forms of collections, but also situates the history of collecting institutions across the disciplinary spectrum within broader political, economic and epistemic frameworks. (shrink)

One of the reasons that prompted Malawi’s Catholic bishops to write a pastoral letter in 1992 that triggered the movement towards democracy was the big gap between the rich and the poor. The pastoral letter, Living Our Faith, emerged as a critical voice in challenging the socio-economic and political state of affairs. The bishops demanded that the government ensures fair distribution of wealth. Since that time, Malawi has experienced different political parties that have assumed state governance after promising to eradicate (...) poverty in their campaign manifestos. Despite political changes, Malawi continues to experience the very same challenges, which prompted the Catholic bishops to write the pastoral letter in 1992. This contribution drew on the notions of dislocation and discontinuity to explore the significance of the pastoral letter towards commemorating the 30th anniversary of this historical event in Malawi. Living Our Faith marked the end of one-party dictatorial regime and the beginning of a multiparty system of governance, something to be celebrated as dislocation. This research interrogated the custodianship of the 1992 Catholic bishops’ pastoral letter and suggested that intellectuals should facilitate socio-political and economic transformation and demonstrated the relevance of the pastoral letter as a blueprint for socio-economic transformation in Malawi.Contribution: This research contributes to the evaluation of progress in the role played by the Church and intellectuals in the development of Malawi. (shrink)

Through a close study of T. Yunkaporta's 2019’s Sand Talk, this article explores fractal thinking and the pattern of creation in Indigenous cosmology; the role of custodianship in respectful interaction between living systems; alternative Indigenous understandings of nonlinearity, time, and transience; the process-panpsychism and animism present in Indigenous perceptions of cosmos as living Country, illustrated in the Dreaming and Turnaround creation event; the role of embodied cognition and haptic and situated knowledge in Indigenous science; Indigenous holistic reasoning and the (...) mind-body connection; the process-relational metaphysic embedded in ritual and yarning practice; the knowledge encoded in place-based totemic mythology, lore, and ritual; and Indigenous understandings of complex systems as adaptive, self-organizing, and patterned. This article does not offer a process reading of Indigenous thought but rather demonstrates the significant contribution to process metaphysics that may be provided by an Aboriginal Australian perspective. Yunkaporta's text carves out a language of resistance to the McDonaldization of Indigenous research. While historic scholarly engagement with Aboriginal culture has overemphasized content, Yunkaporta demonstrates how this has occurred to the exclusion of the processes of Indigenous knowledge transmission and creation. Yet a process view requires engagement with the how, not only with the what. Such knowledge transmission is discerned in daily lived relationships among land, spirit, and people—binding epistemology to participation in a specific landscape embedded within a living culture. Place-making for Indigenous knowledges requires exploring how Indigenous ways of valuing, knowing, and being, shaped by cultural activities on Country, offer new understandings for Western metaphysics. (shrink)