This paper argues that there are instances in which tobacco control litigation is strengthening the justiciability of the right to health and health-related rights. This is happening in different parts of the world, but in particular in Latin America. In part this is because, to a certain extent, tobacco control litigation based on fundamental rights overcomes the traditional arguments against economic, social and cultural rights adjudication: the anti-democratic argument, the lack of technical competency argument, the problem of the misallocation of (...) scarce public resources and the problem of the implementation of judicial decisions. As we analyzed in this paper, tobacco control cases based on fundamental rights are allowing courts to elaborate on broader standards of judicial adjudication of social rights, e.g., expand notions of standing, progressive realization, and state obligations enshrined in the right to health. Key to this judicial trend is the Framework Convention on Tobacco Control, which provides a legal standard — supported by scientific evidence — defining concrete measures states should take to address the tobacco epidemic, and thus giving content to the right to health as it relates to tobacco control. (shrink)

There is perhaps no area of law that so effectively protects human health and thereby advances the right to the highest attainable standard of health, as tobacco control. Globally, tobacco is responsible for 1 in 10 adult deaths, and is on track to kill 10 million people per year, mostly in developing countries, representing a US$200 billion drain on the global economy. Yet experience in recent decades has shown that a range of tobacco control measures, such as comprehensive bans on (...) smoking in public places, tobacco taxes, and limits on tobacco advertising, can greatly reduce smoking prevalence. These measures have slowly curtailed the epidemic, despite strong opposition from various sectors led by the tobacco industry. It is fitting that tobacco control is the focus of a recent, widely ratified global treaty and of increasing national litigation, often directly linked to countries’ human rights commitments. (shrink)

This article introduces a symposium that aims to identify and critically assess the legal strategies of the tobacco, alcohol, and food and beverage industries which rest on freedom of expression arguments.

This article provides a critical and philosophical assessment of arguments invoked for and against the constitutional protection of commercial expression and the regulation of commercial speech with a focus on the commercialization of unhealthy food products.

This article argues that the decision by the Columbian high court to totally ban the advertising and promotion of tobacco products is sound and could indeed be applied to other types of harmful products.

An individual's health, genetic, or environmental-exposure data, placed in an online repository, creates a valuable shared resource that can accelerate biomedical research and even open opportunities for crowd-sourcing discoveries by members of the public. But these data become “immortalized” in ways that may create lasting risk as well as benefit. Once shared on the Internet, the data are difficult or impossible to redact, and identities may be revealed by a process called data linkage, in which online data sets are matched (...) to each other. Reidentification, the process of associating an individual's name with data that were considered deidentified, poses risks such as insurance or employment discrimination, social stigma, and breach of the promises often made in informed-consent documents. At the same time, re-ID poses risks to researchers and indeed to the future of science, should re-ID end up undermining the trust and participation of potential research participants. The ethical challenges of online data sharing are heightened as so-called big data becomes an increasingly important research tool and driver of new research structures. Big data is shifting research to include large numbers of researchers and institutions as well as large numbers of participants providing diverse types of data, so the participants’ consent relationship is no longer with a person or even a research institution. In addition, consent is further transformed because big data analysis often begins with descriptive inquiry and generation of a hypothesis, and the research questions cannot be clearly defined at the outset and may be unforeseeable over the long term. In this article, we consider how expanded data sharing poses new challenges, illustrated by genomics and the transition to new models of consent. We draw on the experiences of participants in an open data platform—the Personal Genome Project—to allow study participants to contribute their voices to inform ethical consent practices and protocol reviews for big-data research. (shrink)

I argue that a standard formulation of hinge epistemology is host to epistemic relativism and show that two leading hinge approaches (Coliva’s acceptance account and Pritchard’s nondoxastic account) are vulnerable to a form of incommensurability that leads to relativism. Building on both accounts, I introduce a new, minimally epistemic conception of hinges that avoids epistemic relativism and rationally resolves hinge disagreements. According to my proposed account, putative cases of epistemic incommensurability are rationally resolvable: hinges are propositions that are the objects (...) of our belief-like attitudes and are rationally revisable in virtue of our overarching commitment to avoid systematic deception in our epistemic practices. (shrink)

Neurosurgery for psychiatric disorders, also sometimes referred to as psychosurgery, is rapidly evolving, with new techniques and indications being investigated actively. Many within the field have suggested that some form of guidelines or regulations are needed to help ensure that a promising field develops safely. Multiple countries have enacted specific laws regulating NPD. This article reviews NPD-specific laws drawn from North and South America, Asia and Europe, in order to identify the typical form and contents of these laws and to (...) set the groundwork for the design of an optimal regulation for the field. Key challenges for this design that are revealed by the review are how to define the scope of the law, what types of regulations are required, and how to approach international harmonization given the potential migration of researchers and patients. (shrink)

I argue against the Standard View of ignorance, according to which ignorance is defined as equivalent to lack of knowledge, that cases of environmental epistemic luck, though entailing lack of knowledge, do not necessarily entail ignorance. In support of my argument, I contend that in cases of environmental luck an agent retains what I call epistemic access to the relevant fact by successfully exercising her epistemic agency and that ignorance and non-ignorance, contrary to what the Standard View predicts, are not (...) modal in the sense that knowledge is. After responding to objections, I conclude by sketching an alternative account of ignorance centered on the notions of epistemic access and epistemic agency. (shrink)

ABSTRACTThis symposium brings together normative and empirical scholars in dialogue on Brooke Ackerly’s innovative and compelling recent monograph, Just Responsibility. Contributors discuss the book’s distinctive grounded normative theory methodology, its arguments for how individuals can take appropriate responsibility for global structural injustices, and its potential for practical impact.

Recognizing the influence crises have in shaping global governance nowadays, the present work explores the possible contribution of human development thinking countering the perverse effects of shock-driven responses to major emergencies. This is done by focusing on contributions by Sen, Dreze, Haq and Stewart related to famines, violent conflict and the idea of human security, analyzed using a selection of four criteria, namely, describing the position of crisis inside human development thinking, issues of modeling and measurement, the stance toward agency, (...) and the actors gathered around the discourse. After strengths and weaknesses are considered, the article suggests a tangential involvement through other human concepts, so human development ideas do not get muddled by the logic of shocks and fulfill the great responsibility of helping us avoid the many shortfalls of a security-obsessed view of humanity. (shrink)

There are clear associations between the overall quantity of input children are exposed to and their vocabulary acquisition. However, by uncovering specific features of the input that matter, we can better understand the mechanisms involved in vocabulary learning. We examine whether exposure to wh-questions, a challenging quality of the communicative input, is associated with toddlers' vocabulary and later verbal reasoning skills in a sample of low-income, African-American fathers and their 24-month-old children. Dyads were videotaped in free play sessions at home. (...) Videotapes were transcribed and reliably coded for sheer quantity of fathers' input as well as the number of wh-questions fathers produce. Children's productive vocabulary was measured at 24 months using the McArthur Bates Communicative Development Inventory MCDI, and children's verbal reasoning skills were measured 1 year later using the Bayley Scales of Infant Development. Results indicate that the overall quantity of father talk did not relate to children's vocabulary or reasoning skills. However, fathers' use of wh-questions related to both vocabulary and reasoning outcomes. Children's responses to wh-questions were more frequent and more syntactically complex, measured using the mean length of utterance, than their responses to other questions. Thus, posing wh-questions to 2-year-olds is a challenging type of input, which elicits a verbal response from the child that likely helps build vocabulary and foster verbal reasoning abilities. (shrink)

Drawing on detailed German panel data, we find that gifts and inheritances substantially increase households’ private pension savings in accounts which are costly or impossible to withdraw prematurely. Back-of-the-envelope calculations suggest that the average difference in bequest-induced private pension savings between heirs and non-heirs accrues to more than 40,000 euros at retirement, and that it would take an average non-heir household roughly 14 years to match this gap. The sizable difference in private pension savings between heirs and non-heirs persists when (...) we take into account other investments of heirs and non-heirs potentially intended to provide for old age. Our evidence supports the impact of gifts and inheritances on inequality in retirement wealth highlighted in recent research on intergenerational justice. We discuss several policy implications of our results. Online appendix. (shrink)

Hume did not criticize Hutcheson’s moral-empirical argument in his published philosophical works, even though he forcefully denied, especially in Parts X and XI of the Dialogues Concerning Natural Religion, that we could empirically prove the moral attributes of the Deity. Yet he seemingly rejected this particular reasoning in a famous letter to Hutcheson, dated March 16, 1740. Hutcheson’s claim that our moral sense is a likely to be expected effect of divine benevolence and Hume’s critique of this claim are analyzed (...) in this essay. It is argued that the particular criticism presented by Hume in that letter is not sufficient to refute Hutcheson’s argument. It is also suggested that Hume may be right after all in rejecting Hutcheson’s inference about God’s benevolent design on other grounds, that is, our deep-rooted knowledge of the annoying conspicuousness of evil in the world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:On Franco-Ferraz, Theism and the Theatre of the Mind MiguelA. Badia-Cabrera In "Theatre andReligiousHypothesis,"1 MariaFranco-Ferraz offersan eloquent and reasoned argument in favour ofa fresh and different sort of hermeneutic approach to the Dialogues Concerning Natural Religion as a suitable means to disentangle the web of proverbially difficult philosophical questions posed by Hume in that work. In order to arrive at a coherent understanding ofthe Dialogues as a whole (...) and perhaps also to calm the sense of bafflement which the confrontation with this enigmatical text always provokes, many Hume scholars have taken as a point of departure and clue for unravelling it either one or two of Hume's principal philosophical doctrines or a presumedly unitary view of Hume's philosophy in general. Equipped with one or both of these instruments, they proceed to dissect the arguments of the Dialogues with the intention of determining what Hume's position really is. This task also almost invariably ends by assigning the victory in the dialectical struggle and the representation of the author's 'true' opinions to the character (sometimes even more than one) in whom they are more or less able to find the purest expression ofwhat theyhave previously decided is the kernel oressence ofHume's philosophy. Franco-Ferraz has taken a very different route. For her the key point of the Dialogues lies in the fictional setting in which the theological discussion takes place. She goes on to show that the literary form of the Dialogues is intrinsically connected with its philosophical content so as to serve to elucidate the precise nature ofthe conclusion which is established at the end, in Part XII. In other words, the theatrical structure facilitates a more profound and detailed investigation ofthe problems dealing with the existence and nature of God. In fact, Hume offers no final solutions to these problems and thereby none ofthe characters ofthe Dialogues can properly be said to present the victorious point of view or the one counting with the complete authority ofthe author ofthe play: The most important aspect of this text is the interaction between the different characters' points of view, which, by being in confrontation with each other, undergo reciprocal transformations. (Franco-Ferraz, 228) Volume XVI Number 2 131 MIGUEL A. BADÍA-CABRERA With this one cannot but agree. In addition she clinches her case by 'ai-trull·/ and convincingly showing that there is a profound relation between this theatrical form and some substantive philosophical theses which Hume developed in the Treatise, the first Enquiry, and The Natural History ofReligion. In reality, the theatre metaphor clarifies the sense ofthose philosophical doctrines, which in turn throw light on and corroborate her main contention about the conclusion of the Dialogues. For according to her, any definitive solution to the problems ofnatural theology is not presented at the end by any ofthe characters on behalfofa God-like author (Dieu auteur), and furthermore this deus ex machina solution would conflict especially with Hume's conception of the mind as being une pièce sans théâtre, a drama without a stage (Franco-Ferraz, 234). Such is the substance ofher thesis, if I have succeeded in giving a fairrepresentationofit. I thinkthatherinterpretation providesa novel outlook and one fruitful means ofaccess to an adequate understanding of the Dialogues. But I am quite hesitant with some particular and important aspects ofher reading of that text for the 'inconveniences', in Philo's sense ofthe word, which seem to follow from it, and alsohave a few difficulties in assessing the exact import of one or two of her central claims due to the somewhat vague manner in which, I think, these are formulated. First, at the verybeginningofher paper, Franco-Ferraz quotes the followingpassagefromPartIIIoftheDialoguesin which Demeaobjects to Cleanthes' claim, defended by two very ingenious analogies, that an orderly world like a coherent, articulate speech will always be taken as a sign ofintelligent design: When I read a volume, I enter into the mind and intention of the author: I become him, in a manner, for the instant; and have an immediate feeling and conception of those ideas, which revolved in his imagination, while employed in that composition. (D 155-56) I take issue with... (shrink)

Research indicates the essentiality of dignity as a vital component for quality of life, reconfirming the emphasis on dignity preservation in the international code of nursing ethics. Applying Noblit and Hare’s meta-ethnography, the aim of the study was to develop a theory model by synthesizing 10 qualitative articles from various cultural contexts, exploring nurse and allied healthcare professional perception/practice concerning dignity-preserving dementia care. “Advocating the person’s autonomy and integrity,” which involves “having compassion for the person,” “confirming the person’s worthiness and (...) sense of self,” and “creating a humane and purposeful environment,” was identified as a primary foundation for dignity-preserving dementia care. “Balancing individual choices among persons no longer able to make sound decisions, against the duty of making choices on behalf of the person,” which involves “persuasion” and/or “mild restraint,” was considered a crucial aspect in certain situations. “Sheltering human worth—remembering those who forget” was identified as a comprehensive motive and core value within dignity-preserving dementia care. (shrink)

The potential to collect brain data more directly, with higher resolution, and in greater amounts has heightened worries about mental and brain privacy. In order to manage the risks to individuals posed by these privacy challenges, some have suggested codifying new privacy rights, including a right to “mental privacy.” In this paper, we consider these arguments and conclude that while neurotechnologies do raise significant privacy concerns, such concerns are—at least for now—no different from those raised by other well-understood data collection (...) technologies, such as gene sequencing tools and online surveillance. To better understand the privacy stakes of brain data, we suggest the use of a conceptual framework from information ethics, Helen Nissenbaum’s “contextual integrity” theory. To illustrate the importance of context, we examine neurotechnologies and the information flows they produce in three familiar contexts—healthcare and medical research, criminal justice, and consumer marketing. We argue that by emphasizing what is distinct about brain privacy issues, rather than what they share with other data privacy concerns, risks weakening broader efforts to enact more robust privacy law and policy. (shrink)

Nuclear intermolecular duplexes appear to be a general feature of nucleated cells. Most of these duplexes are formed between large RNA as well as between large and small RNA molecules. A significant portion of the large molecules belong to a special class of RNA that is restricted to the nucleus and, therefore, not designated for export. These molecules are assembled with proteins and form a structure of a higher order. The possibility that these molecules and a set of small nuclear (...) RNAs are components of a complex machine, “the transportosome”, which functions in nucleocytoplasmic traffic, is discussed. (shrink)

Dorian Gray pays a hefty price for years of sin and vice in this completely unabridged edition of The Picture of Dorian Gray.

Cognitive symptoms after COVID-19 have been increasingly recognized several months after the acute infection and have been designated as “brain fog.” We report a patient with cognitive symptoms that started immediately after COVID-19, in which cerebrospinal fluid biomarkers were highly suggestive of Alzheimer’s disease. Our case highlights the need to examine patients with cognitive symptoms following COVID-19 comprehensively. A detailed assessment combining clinical, cognitive, and biomarker studies may help disentangle the underlying mechanisms associated with cognitive dysfunction in each case. The (...) investigation of neurodegenerative processes in an early stage, especially in older patients, is probably warranted. (shrink)

This paper aims to contribute to the existing literature on normative cognition by providing a lineage explanation of human social norm psychology. This approach builds upon theories of goal-directed behavioral control in the reinforcement learning and control literature, arguing that this form of control defines an important class of intentional normative mental states that are instrumental in nature. I defend the view that great ape capacities for instrumental reasoning and our capacity (or family of capacities) for shared intentionality coadapted to (...) each other and argue that the evolution of this capacity has allowed the representation of social norms and the emergence of our capacity for normative guidance. (shrink)