Access to medicines faces a new legal threat: “border enforcement” of drug patents. Using Brazil as an example, this article shows how the right to health depends on international trade. Border seizures of generic drugs present human rights and trade institutions with a unique challenge. Can public health advocates rise to meet it?

Most new drugs are protected by pharmaceutical patents, which give the patent holder exclusive control over that drug’s supply for 20 years. When the patent term expires, the drug becomes available for generic production by any company. The resulting competition typically leads to dramatic reductions in price. In Brazil, generic drugs are on average 40% cheaper than reference or brand-name drugs. In the United States, the Federal Drug Administration reports up to 85% price differences. Consumers in India have witnessed more (...) than 100-fold price reduction for antiretroviral drugs due to generic production. Generics thus play a key role in broadening access to health care, mostly by driving costs down, both in the developing and developed world. (shrink)

In this paper I address the topics of the pragmatics of rumours and gossip, on the one hand, and the question of unwarranted questions, on the other. I briefly introduce the case of Bill Clinton who got asked by the press about his relationship with Monica Lewinsky, before I turn to an analysis of rumours and gossip. Sometimes lack of openness gives rise to rumours and gossip, while other times it is enough that something is mentioned for it to give (...) rise to rumours and gossip. In the last part of the paper I show that the press’s questions about Monica Lewinsky were unwarranted, unwarranted questions understood as questions about topics you are not in a position to inquire about. I argue that since merely mentioning something can give rise to rumours and gossip, for example by asking a unwarranted question, and the questions about Lewinsky were unwarranted, it would have been permissible for Clinton to lie to the press regarding his affair with Monica Lewinsky. (shrink)

This chapter compares the institutional setting and integrations processes in Switzerland and the EU. The major findings are that EU integration is trying to achieve more political integration and accommodation of a much higher degree of diversity in much less time than has ever been the case in Switzerland. Integration and expansion processes that were slower and non-linear in Switzerland and that happened in separate phases (e.g. religious diversification, linguistic diversification, territorial expansion, etc.) are all going on at the same (...) time in the EU. Especially integration and accession with enormous shocks of diversification are engineered at the same time in the EU. From this point of view, the EU has already tried to go beyond many stages that took centuries to be completed in Switzerland. The institutional design of the European Union seems to echo quite well the federal state formation process in Switzerland. The following precisions are however necessary in the comparative perspective. First, the momentary stage of European Integration, characterized by intergovernmental crisis management, resembles the (dysfunctional) intergovernmental centralism of the Swiss cantons during the decades before the formation of the federal-state in 1848. Second, due to the greater diversity of the European Union, this quasi-federal system has derived in extreme asymmetries between the member states. Since EU identity is not well entrenched among European citizens (and politicians), it has been hard to design institutions and policies of common territorial protection and redistribution and there is mistrust towards centralistic EU institutions (specially in the countries more affected by the economic crisis). Most European citizens do not feel that their interests are taken into account by the European Union. Third, it is important to note that in Swiss federalism the municipalities play an important role, they are much more than just administrative districts. This city-centred and bottom up construct of citizenship is guaranteed by the Swiss federal constitution. Citizens feel that their most immediate and local identity is not jeopardized but rooted in and guaranteed by the Swiss federal constitution. Compared to sub-national Swiss federalism, EU federalism is entirely focused on the nation-state and the EU institutions. Serious consideration ought to be given to the idea that European citizenship is not only about bringing citizenship to a higher European level but also about bringing it more to the root-level of citizenship: the city. Direct democracy has acted as a federator in the Swiss context. Switzerland made direct democracy and direct democracy made Switzerland. There has been a slow and iterative process of adaptation of structurally similar institutions of direct democracy at all levels (communal, cantonal, federal) of all units (all communes, all cantons, confederation roughly between 1830-1891. To the contrary, the EU is only incipiently in a process of introducing direct democracy (in some member-states and ECI), and so far direct democracy is mainly practiced as national plebiscitary democracy. Under this guise it is seen as a threat to EU integration and probably not without good reason. While in Switzerland the coherent introduction of direct democracy at all levels of the polity in the long run served as an important unifier, direct democracy has even not been considered as integrative part of all levels of political integration in the EU. It is of great interest that the one element in which the European Union has based the construction of EU citizenship and identity – mobility of residence – has been implicitly discouraged in Switzerland. The institutional design as incorporated in Swiss multicultural identity (which aims fundamentally at the protection of cantonal autonomy, culture and language) has facilitated that Switzerland is called today a successful multicultural society. Most citizens identify with Switzerland as a country and they like it as it is, but they do not want to take advantage of their formal right to move to other parts of the country, especially not across language borders. The same institutional design that has made of Switzerland a successful case of multiculturalism and democracy poses important barriers that make it difficult for the Swiss to move their residence across their country. Considering that one of the main features of European citizenship is the freedom of movement and residence, this poses a main concern. The Swiss compromise between the formal right and economic necessity of mobility on the one hand and the protection of political and cultural sub-identities on the other hand, is commuting. Due to the vast size, this is of limited applicability in the EU. However, in a Europe of cities and trans-border regions, commuting is an important option provided that every European citizen lives reasonably close to an important economic centre. In short, the Europe of commuters deserves attention in the context of EU citizenship. (shrink)

Motivated by the call for more research on students’ perceptions of their ethical development in business education programs, this study examines students’ reflections on how their understanding of ethics was challenged and/or changed, and what facilitated the development of ethical decision-making approaches in a first-year accounting course. The results indicate that students developed more sophisticated and contextualised views of ethical issues in business, government and social contexts including the need to consider their impact on various stakeholders. Students attributed this development (...) to the various elements in the integrated course design including the real cases sourced in current newspaper articles, an ethical decision-making framework with various ethical perspectives, the reflective journal component and the ability to work in groups. These findings have implications for the design of effective ethics education programs in business. (shrink)

Connecting human minds to various technological devices and applications through brain-computer interfaces (BCIs) affords intriguingly novel ways for humans to engage and interact with the world. Not only do BCIs play an important role in restorative medicine, they are also increasingly used outside of medical or therapeutic contexts (e.g., gaming or mental state monitoring). A striking peculiarity of BCI technology is that the kind of actions it enables seems to differ from paradigmatic human actions, because, effects in the world are (...) brought about by devices such as robotic arms, prosthesis, or other machines, and their execution runs through a computer directed by brain signals. In contrast to usual forms of action, the sequence does not need to involve bodily or muscle movements at all. A motionless body, the epitome of inaction, might be acting. How do theories of action relate to such BCI-mediated forms of changing the world? We wish to explore this question through the lenses of three perspectives on agency: subjective experience of agency, philosophical action theory, and legal concepts of action. Our analysis pursues three aims: First, we shall discuss whether and which BCI-mediated events qualify as actions, according to the main concepts of action in philosophy and law. Secondly, en passant, we wish to highlight the ten most interesting novelties or peculiarities of BCI-mediated movements. Thirdly, we seek to explore whether these novel forms of movement may have consequences for concepts of agency. More concretely, we think that convincing assessments of BCI-movements require more fine-grained accounts of agency and a distinction between various forms of control during movements. In addition, we show that the disembodied nature of BCI-mediated events causes troubles for the standard legal account of actions as bodily movements. In an exchange with views from philosophy, we wish to propose that the law ought to reform its concept of action to include some, but not all, BCI-mediated events and sketch some of the wider implications this may have, especially for the venerable legal idea of the right to freedom of thought. In this regard, BCIs are an example of the way in which technological access to yet largely sealed-off domains of the person may necessitate adjusting normative boundaries between the personal and the social sphere. (shrink)

Bayesian approaches for estimating multilevel latent variable models can be beneficial in small samples. Prior distributions can be used to overcome small sample problems, for example, when priors that increase the accuracy of estimation are chosen. This article discusses two different but not mutually exclusive approaches for specifying priors. Both approaches aim at stabilizing estimators in such a way that the Mean Squared Error of the estimator of the between-group slope will be small. In the first approach, the MSE is (...) decreased by specifying a slightly informative prior for the group-level variance of the predictor variable, whereas in the second approach, the decrease is achieved directly by using a slightly informative prior for the slope. Mathematical and graphical inspections suggest that both approaches can be effective for reducing the MSE in small samples, thus rendering them attractive in these situations. The article also discusses how these approaches can be implemented in Mplus. (shrink)

Mobile phones play an essential role in the everyday lives and social relationships of young people. They are deeply embedded in peer interactions, not only as tools but also as references of interaction. The article is based on an empirical study, which investigates how young people interpret various situations of interaction through, and related to, mobile phones. Providing a useful heuristic to reconstruct the inherent rules, claims and expectations of such situations, Goffman’s concept of the interaction order was modified in (...) regard to youth-specific and mobile media-specific dimensions with the help of a grounded theory approach. The article deals with the methodical strategies that were applied as well as respective methodological questions that arose during the research process. In order to gain insights into the participants’ episodic and semantic knowledge about mobile media related situations, group interviews/discussions, mobile phone diaries and individual interviews were conducted. Each collection strategy is discussed in respect to its preconditions and execution. Additionally, problems regarding the role of the researcher in relation to the participants will be explicated. (shrink)

Unlike conceptual analysis, conceptual engineering does not aim to identify the content that our current concepts do have, but the content which these concepts should have. For this method to show the results that its practitioners typically aim for, being able to change meanings seems to be a crucial presupposition. However, certain branches of semantic externalism raise doubts about whether this presupposition can be met. To the extent that meanings are determined by external factors such as causal histories or microphysical (...) structures, it seems that they cannot be changed intentionally. This paper gives an extended discussion of this ‘externalist challenge’. Pace Herman Cappelen’s recent take on this issue, it argues that the viability of conceptual engineering crucially depends on our ability to bring about meaning change. Furthermore, it argues that, contrary to first appearance, causal theories of reference do allow for a sufficient degree of meaning control. To this purpose, it argues that there is a sense of what is called ‘collective long-range control’, and that popular versions of the causal theory of reference imply that people have this kind of control over meanings. (shrink)

Currently, electronic agents are being designed and implemented that, unprecedentedly, will be capable of performing legally binding actions. These advances necessitate a thorough treatment of their legal consequences. In our paper, we first demonstrate that electronic agents behave structurally similar to human agents. Then we study how declarations of intention stated by an electronic agent are related to ordinary declarations of intention given by natural persons or legal entities, and also how the actions of electronic agents in this respect have (...) to be classified under German law. We discuss four different approaches of classifying agent declarations. As one of these, we propose the concept of an electronic person (i.e., agents with limited liability), enrolment of agents into an agent register, and agent liability funds as means to serve the needs of all contracting parties. (shrink)

Through cultural transmission, repeated learning by new individuals transforms cultural information, which tends to become increasingly compressible . Existing diffusion chain studies include in their design two processes that could be responsible for this tendency: learning and reproducing . This paper manipulates the presence of learning in a simple iterated drawing design experiment. We find that learning seems to be the causal factor behind the increase in compressibility observed in the transmitted information, while reproducing is a source of random heritable (...) innovations. Only a theory invoking these two aspects of cultural learning will be able to explain human culture's fundamental balance between stability and innovation. (shrink)

It seems natural to think that Carnapian explication and experimental philosophy can go hand in hand. But what exactly explicators can gain from the data provided by experimental philosophers remains controversial. According to an influential proposal by Shepherd and Justus, explicators should use experimental data in the process of ‘explication preparation’. Against this proposal, Mark Pinder has recently suggested that experimental data can directly assist an explicator’s search for fruitful replacements of the explicandum. In developing his argument, he also proposes (...) a novel aspect of what makes a concept fruitful, namely, that it is taken up by the relevant community. In this paper, I defend explication preparation against Pinder’s objections and argue that his uptake proposal conflates theoretical and practical success conditions of explications. Furthermore, I argue that Pinder’s suggested experimental procedure needs substantial revision. I end by distinguishing two kinds of explication projects, and showing how experimental philosophy can contribute to each of them. (shrink)

The Anthropocene concept arose within the Earth System science community, albeit explicitly as a geological time term. Its current analysis by the stratigraphical community, as a potential formal addition to the Geological Time Scale, necessitates comparison of the methodologies and patterns of enquiry of these two communities. One means of comparison is to consider some of the most widely used results of the ESS, the ‘planetary boundaries’ concept of Rockström and colleagues, and the ‘Great Acceleration’ graphs of Steffen and (...) colleagues, in terms of their stratigraphical expression. This expression varies from virtually non-existent to pronounced and many-faceted, while in some cases stratigraphical proxies may help constrain anthropogenic process. The Anthropocene concepts of the ESS and stratigraphy emerge as complementary, and effective stratigraphic definition should facilitate wider transdisciplinary communication. (shrink)

Is the endeavour to restore perceptive brain functions by electronic implants the first step on the way to create bionic cyborgs? Can we augment or multiply our senses by directly contacting computer chips to the brain? Will bio-implants influence and permanently change human psyche?

A philosopher argues that state-sponsored cyberattacks against central military or civilian targets are always acts of war. What is this philosopher doing? According to conceptual analysts, the philosopher is making a claim about our concept of war. According to philosophical realists, the philosopher is making a claim about war per se. In a quickly developing literature, a third option is being explored: the philosopher is engineering the concept of war. On this view, the philosopher is making a proposal about which (...) concept we should have – even if it deviates from the extant concept, and even if it does not capture ‘what war really is’. The activity or method of proposing such revisionary definitions, as well as the metaphilosophical reflection on it, has become known as conceptual engineering. (shrink)

Orphan drug policy often gives ‘special treatment’ to rare diseases, by giving additional priority or making exceptions to specific drugs, based on the rarity of the conditions they aim to treat. This essay argues that the goal of orphan drug policy should be to make prevalence irrelevant to funding decisions. It aims to demonstrate that it is severity, not prevalence, which drives our judgments that important claims are being overlooked when treatments for severe rare diseases are not funded. It shows (...) that prioritising severity avoids problems caused by prioritising rarity, and that it is compatible with a range of normative frameworks. The implications of a severity-based view for drug development are then derived. The severity-based view also accounts for what is wrong with how the current system of drug development unfairly neglects common diseases that burden the developing world. Lastly, the implications of a severity-based view for current orphan drug policies are discussed. There are no data in this work. (shrink)

In this article, we draw on established views of CSR dysfunctionalities to show how and why CSR is regularly observed to be both shaped by and supportive of capitalism. We proceed to show that these dysfunctionalities are maintained by both the pro- and anticapitalist approaches to CSR, both of which imply an ill-defined separation of the economy and society as well an overly strong problem or solution focus on political and economic issues. Finally, we present a post-capitalist approach to CSR (...) that overcomes (1) the ill-defined separation of the economy and society, (2) the capitalist bias towards economic rationalities, and (3) the overidentification of society with its political system; this approach thus helps to manage the abovementioned CSR dysfunctionalities. (shrink)

Genes induced by the plant hormone auxin are probably involved in the execution of vital cellular functions and developmental processes. Experimental approaches designed to elucidate the molecular mechanisms of auxin action have focused on auxin perception, genetic dissection of the signaling apparatus and specific gene activation. Auxin‐responsive promoter elements of early genes provide molecular tools for probing auxin signaling in reverse. Functional analysis of several auxin‐specific promoters of unrelated early genes suggests combinatorial utilization of both conserved and variable elements. These (...) elements are arranged into autonomous domains and the combination of such modules generates uniquely composed promoters. Modular promoters allow for auxin‐mediated transcriptional responses to be revealed in a tissue‐ and development‐specific manner. (shrink)

Conceptual engineers aim to revise rather than describe our concepts. But what are concepts? And how does one engineer them? Answering these questions is of central importance for implementing and theorizing about conceptual engineering. This paper discusses and criticizes two influential views of this issue: semanticism, according to which conceptual engineers aim to change linguistic meanings, and psychologism, according to which conceptual engineers aim to change psychological structures. I argue that neither of these accounts can give us the full story. (...) Instead, I propose and defend the Dual Content View of Conceptual Engineering. On this view, conceptual engineering targets concepts, where concepts are understood as having two kinds of contents: referential content and cognitive content. I show that this view is independently plausible and that it gives us a comprehensive account of conceptual engineering that helps to make progress on some of the most difficult problems surrounding conceptual engineering. (shrink)

Aesthetics is today widely seen as the philosophy of art and/or beauty, limited to artworks and their perception. In this paper, I will argue that today's aesthetics and the original programme developed by the German Enlightenment thinker Alexander Gottlieb Baumgarten in the first half of the eighteenth century have only the name in common. Baumgarten did not primarily develop his aesthetics as a philosophy of art. The making and understanding of artworks had served in his original programme only as an (...) example for the application of his philosophy. What he really attempts to present is an alternative philosophy of knowledge that goes beyond the purely rationalist, empiricist, and sensualist approaches. In short, Baumgarten transcends the old opposition between rationalism and sensualism. His core theme is the improvement (perfectio) of human knowledge and cognition and the ways to reach this goal. The study of Baumgarten's foundational works on aesthetics should not be undertaken merely out of antiquarian interest. I will argue, instead, that Baumgarten's importance and contemporary relevance lies in this: that his Aesthetica may serve as a profound contribution to the philosophy of the cultural sciences and humanities. Revisiting Baumgarten's original idea of aesthetics will lead us to a more inclusive concept of that philosophical discipline. (shrink)

Linguistic interventions aim to change our linguistic practices. A commonly discussed type of linguistic intervention is meaning revision, which seeks to associate existing words with new or revised meanings. But why does retaining old words matter so much? Why not instead introduce new words to express the newly defined meanings? Drawing on relevant psycholinguistic research, this paper develops an empirically motivated, general, and practically useful pro tanto reason to retain rather than replace the original word during the process of conceptual (...) improvement. (shrink)

This research is motivated by the criticism levelled at the academic community for its failure to incorporate sufficient ethics education into the accounting curriculum :53–71, 2004; Madison and Schmidt 2006). The inclusion of ethics decision-making frameworks by professional bodies in their codes of conduct or as a standalone tool and the encouragement of their use as a part of ethics education to help students to identify and think through ethical issues in a business context has been subject to very limited (...) research to date. The aim of this study is to provide evidence of the impact of providing a framework on its own and providing a framework as part of a comprehensive integrated ethics education component of a first-year unit of study, on accounting students’ ethical sensitivity and judgment. Results indicate that providing students with a framework only does not increase students’ ethical sensitivity but does support their ethical judgment. In contrast, the integrated ethics component does increase student’s ethical sensitivity, however, an unexpected finding of this study is that increases in students’ ethical judgement are greater if they have not been previously exposed to the framework. Taken together, our findings suggest that it is the framework that has a significant impact on students’ ethical judgment, while an integrated ethics education can expose students to a range of ethical issues and thereby improve their ethical sensitivity, a critical component which initiates the ethical decision-making process. (shrink)

This is a book symposium on Steffen Borge’s The Philosophy of Football. It has contributions from William Morgan, Murray Smith and Brian Weatherson with replies from Borge.

Blockchain is an open digital ledger technology that has the capability of significantly altering the way that people operations operate in organizations. This research takes a first step in proposing several ways in which the blockchain technology can be used to improve current organizational practices, while also considering the ethical implications. Specifically, the paper examines the role that blockchain technology plays in three primary areas of people operations: entry to the organization, intraorganizational processes, and exit. In each section, the paper (...) reviews the ethical implications from the lenses of virtue ethics, utilitarianism, deontology and contractarianism. The paper concludes that in whole the implementation of blockchain technology in people operations processes can create a more ethical work environment. However, careful implementation is necessary and requires extensive examination of ethical implications in advance. (shrink)

Max Deutsch has recently argued that conceptual engineering is stuck in a dilemma. If it is construed as the activity of revising the semantic meanings of existing terms, then it faces an unsurmountable implementation problem. If, on the other hand, it is construed as the activity of introducing new technical terms, then it becomes trivial. According to Deutsch, this conclusion need not worry us, however, for conceptual engineering is ill-motivated to begin with. This paper responds to Deutsch by arguing, first, (...) that there is a third construal of conceptual engineering, neglected by him, which renders it both implementable and non-trivial, and second, that even the more ambitious project of changing semantic meanings is no less feasible than other normative projects we currently pursue. Lastly, the value of conceptual engineering is defended against Deutsch’s objections. (shrink)

Conceptual engineering concerns the assessment and improvement of our concepts. But how can proposals to engineer concepts be implemented in the real world? This is known as the implementation challenge to conceptual engineering. In this paper, I am concerned with the meta-philosophical implications of the implementation challenge. Specifically, must we overcome the implementation challenge prior to undertaking conceptual engineering? Some critics have recently answered this question affirmatively. I intend to show that they are mistaken. I argue as follows. First, successful (...) implementation is not an integral part of conceptual engineering. Second, the idea that the value of conceptual engineering relies on successful implementation is in tension with widespread assumptions about normative theorizing. (shrink)

Der Band diskutiert ausgewählte Positionen der Theoriebildung Ernesto Laclaus, die in den letzten Jahren im Kontext demokratietheoretischer Debatten zwar in politik-, kultur- und sozialwissenschaftlichen Feldern rezipiert wurde, deren Aufnahme in erziehungswissenschaftlichen Debatten aber eher als 'handverlesen' bezeichnet werden könnte. Die Rezeption beschränkt sich häufig auf spezifische Einsätze rund um die gemeinsam mit Chantal Mouffe in Hegemonie und radikale Demokratie entwickelte und an Antonio Gramsci ansetzende Hegemonietheorie. Dass Laclaus Perspektiven jedoch eine Vielzahl produktiver Anschlüsse und Irritationen für unterschiedliche pädagogische Frage- und (...) Problemstellungen beinhalten, verdeutlichen die hier versammelten Beiträge rund um transdisziplinäre Spannungsverhältnisse von Politik, Bildung und Pädagogik, von Artikulation und Repräsentation, von Ontologie und Identität oder im Kontext aktueller Sichtweisen auf Inklusion, Solidarität, Migration, pädagogische Beziehungen und Professionalität. Die Herausgebenden Dr. Steffen Wittig, Professor Dr. Ralf Mayer und Julia Sperschneider arbeiten und forschen an der Universität Kassel. (shrink)

Our outline points out three aspects of a new post-modern methodology in psychology: liberal, pluralistic, and more tolerant: liberal because it rejects rules that are too strict in favor of more freedom in the choice of method, pluralistic because it conveys an “almost anything goes” attitude toward methods, and more tolerant because mutual tolerance among researchers is vital for a pluralism of methods. Psychological phenomena are complex and can best be understood by using different methods. However, to get things working, (...) tolerance must actively be lived. Of course, much depends on our own willingness as researchers but also on the system’s arrangements. Psychology could be more colorful, and we could all have more fun if we were to be more committed to such a methodology. (shrink)

This text, commissioned by the OSUN Global Observatory of Academic Freedom, discusses how the concept of academic freedom is codified in Colombian Law and regulations of public and private higher education institutions. It also explores common conceptions of academic freedom among Colombian scholars, as well as commonly observed threats to it.

This paper argues for explanatory eliminativism about topics (and cognates, such as subject matters) relative to the domain of conceptual engineering. It has become usual to think that topics serve an important explanatory role in theories of conceptual engineering, namely, to determine the limits of revision. I argue, first, that such limits can be understood either as thenormative limitspertaining to the justification of conceptual engineering, as themetaphysical limitspertaining to the identity of the concepts in question, or as theterminological limitspertaining to (...) usage of the original terminology. Second, I argue that the metaphysical reading is disputable as a theory of concepts and inconsequential for conceptual engineers, and that neither of the two leading accounts of topics that have been presented in the literature—the samesaying account and functionalism—determine the limits of revision in either of the two remaining senses. In the absence of more promising competitors, I conclude that there is no theoretical role for topics to play in theories of conceptual engineering. An upshot of my argument is that conceptual engineers should stop worrying about things like topic (dis)continuity, and instead shift their attention to the issues that really matter for justifying conceptual revisions or replacements, making terminological choices, and underpinning conceptual engineering with a theory of concepts. (shrink)

George Spencer Brown, a polymath and author of Laws of Form, brought together mathematics, electronics, engineering and philosophy to form an unlikely bond. This book investigates Design with the NOR, the title of the yet unpublished 1961 typescript by Spencer Brown. The typescript formed through the author's experiences as technical engineer and developer of a new form of switching algebra for Mullard Equipment LTD., a British manufacturer of electronic components. Related essays contextualise the typescript drawing on a variety of backgrounds (...) from mathematics and engineering to philosophy and sociology. (shrink)