The article addresses the role of scarcity in negotiating the relationship between intellectual property, particularly from a legal-economic perspective, and property rights, as understood by transaction cost economics, to shed light on the deadlock faced by those suffering from neglected tropical diseases (NTDs). The consistency of the law and economics fundamentals that support the trade on knowledge goods, namely patents on essential medicines, is put under check by Scott Veitch’s scholarship on legal irresponsibility. The damages that emerge from the operations (...) of the intellectual property system are registered in the novel concept of negative public domain, and are due mainly to the lack of access to treatments that end up being unaffordable, or to innovation that leads to new drugs that is not sufficiently incentivised though price signals. The accountability for such damages is taken into consideration by arguing that the disavowal of responsibility is made possible by the negative public domain, which is balanced by the construction of a positive response through the language of rights. As such, responsibility per se is preserved, evading one instantiation of Teubner’s legal paradoxes, but rendered ineffective by design. In other words, even if the harms endured by those affected by the NTDs can be traced back to the operations of the intellectual property system, there is no one to hold accountable. The main goal pursued through the article is to make such an arrangement explicit, by giving centrality to the notion of scarcity and its interplay between legal and economic theory, alongside the novel concept of negative public domain as a site where the actual consequences of irresponsibility lie, to hopefully inform further critique in subsequent works. (shrink)

O presente artigo intenciona realizar uma breve investigação da relação dialética subjetividade-objetividade numa perspectiva emancipatória da classe oprimida. Com efeito, nosso objeto de estudo, a pedagogia do oprimido em Paulo Freire, será analisado numa perspectiva dialógica com o pensamento marxiano, com vistas a encontrar algumas marcas fundamentais da contribuição do filósofo alemão na constituição do ideário crítico freiriano. Destacamos aqui que o problema central da pesquisa, qual seja: a relação mundo e consciência, institui-se como problema indeclinável para o processo de (...) luta histórica e social. (shrink)

The exchange of goods and services between individuals is often formalised by a contract in which the parties establish norms to define what is expected of each one. Norms use deontic statements of obligation, prohibition, and permission, which may be in conflict. The task of manually detecting norm conflicts can be time–consuming and error-prone since contracts can be vast and complex. To automate such tasks, we develop an approach to identify potential conflicts between norms. We show the effectiveness of our (...) approach and its individual components empirically using two publicly available corpora, and contribute with a new annotated test corpus for norm conflict identification. (shrink)

Therapeutic strategies capable of inducing and enhancing prosthesis embodiment are a key point for better adaptation to and acceptance of prosthetic limbs. In this study, we developed a training protocol using an EMG-based human-machine interface that was applied in the preprosthetic rehabilitation phase of people with amputation. This is a case series with the objective of evaluating the induction and enhancement of the embodiment of a virtual prosthesis. Six men and a woman with unilateral transfemoral traumatic amputation without previous use (...) of prostheses participated in the study. Participants performed a training protocol with the EMG-based HMI, composed of six sessions held twice a week, each lasting 30 mins. This system consisted of myoelectric control of the movements of a virtual prosthesis immersed in a 3D virtual environment. Additionally, vibrotactile stimuli were provided on the participant’s back corresponding to the movements performed. Embodiment was investigated from the following set of measurements: skin conductance response, crossmodal congruency effect, ability to control the virtual prosthesis, and reports before and after the training. The increase in the skin conductance response in conditions where the virtual prosthesis was threatened, recalibration of the peripersonal space perception identified by the crossmodal congruency effect, ability to control the virtual prosthesis, and participant reports consistently showed the induction and enhancement of virtual prosthesis embodiment. Therefore, this protocol using EMG-based HMI was shown to be a viable option to achieve and enhance the embodiment of a virtual prosthetic limb. (shrink)

Classical theism is often said to suffer from the problem of modal collapse: if God is necessary and simple then all of his effects (creatures) are also necessary. Many classical theists have turned to extrinsic predication in response: God’s simple and necessary act is compatible with any number of possible effects or no effects, and is only said to be an act of creating in virtue of the existence of the universe itself. Leftow and Schmid criticize this solution for leading (...) to “providential collapse”: God would not have control over which creation obtains if all his intrinsic features are compatible with any possible universe. Thomistic classical theism avoids both modal collapse and providential collapse by utilizing the metaphysics of relations. With no differences within his simple essence/act, God can relate himself differently to his possible effects, willing some and not willing others. These relations determine whether or not the effects will exist. Thomistic classical theism’s version of divine simplicity is not incompatible with God having a multiplicity of relations, for the three divine persons are distinct relations within God. Divine simplicity is only incompatible with a multiplicity of absolute items within God. Furthermore, not all differences of relation are grounded in the different absolute characteristics of their relata. Rather, sometimes differences of relation themselves ground differences in the absolute characteristics of their relata. God’s divine act is thus said to be an act of willing this creation rather than that in virtue of his chosen, contingent relation to possible creatures, rather than in virtue of the creatures themselves. (shrink)

This chapter defends the moral right of national communities to self‐determination, but examines the problems involved in institutionalizing such a right, and the problem of perverse consequences in exercising the right.

In this classic work by one of America's most distinguished historians, Daniel Boorstin enters into Thomas Jefferson's world of ideas.

Aquinas holds that by its nature the human will has happiness as its ultimate end in every choice, and yet he holds that one can and ought to love God more than oneself or one’s own happiness. This generates the so-called “problem of love”: how can an eudaimonist like Aquinas account for non-selfish love? I argue that Aquinas’s doctrine of goodness as the will’s object and his distinction between the love of desire and the love of friendship solve this problem (...) and indicate that Aquinas’s eudaimonism is only “subordinated eudaimonism.” By its nature the will has happiness—total inhering goodness—as its ultimate object secundum quid, and God—total subsisting goodness—as ultimate object simpliciter. Nevertheless, Aquinas argues on philosophical grounds and with the support of Aristotle’s Liber de Bona Fortuna that God Himself would have to move the will if one were to love God above oneself even in the order of nature. (shrink)

The purpose of the article is to show how the questions of anomality and animality belong together in phenomenology. The figure of the human animal serves as the guideline of the study, namely the figure of a person who is not considered as similar to myself in the frame of a Husserlian characterization of normality. Husserl’s thinking is analyzed with respect to the problem of an intersubjective co-constitution of a common world. It is shown that Husserl only accepts animality and (...) anomality within the restrictive perspective of a so-called normal humanity, that of the adult man, healthy, reasonable and European. However, he constantly strives to include the anomality and animality into humanity as well, an intention that distinguishes him from Heidegger. Heidegger radicalized the question with respect to race, which serves him as a guideline for thinking the very own of the human being. Defending a thinking of exclusion, Heidegger refuses to animals as well as to anomals all right of citizenship in the community of human beings. The article ends by proposing to overcome this duality between an inclusive thinking and an exclusive thinking. (shrink)

Molinists offer a tempting bargain: accept divine middle knowledge, and reap solutions to a number of philosophical/theological problems. The prime benefit we are meant to reap from middle knowledge is a solution to the problem of freedom and providence. I argue that they cannot deliver. Even if we make metaphysical and semantic assumptions that have generally been considered friendly to Molinism, Molinism is in danger of undermining divine providence altogether. This “collapse" persists despite fairly uncontroversial assumptions, and plagues the best (...) Molinist theories defended in the literature. (shrink)

One of the standard objections against the impossibility of infinite regress is associated with David Hume and Paul Edwards, but originates with William Ockham. They claim that in an infinite regress every member of the series is explained, and nothing is unexplained. Every member is explained by the one before it, and the series as a whole is nothing over and above its members, and so needs no cause of its own. Utilizing the well-known Thomistic distinction between essentially ordered and (...) accidentally ordered causal series, I show that the Hume-Edwards-Ockham objection fails to touch Aquinas’s argument against the impossibility of infinite regress in an essentially ordered series. However, Aquinas also argues that accidentally ordered causal series can only regress infinitely if supported by an everlasting essential cause. The Hume-Edwards-Ockham objection does raise a question about this thesis, but I show how St. Thomas can reply to it convincingly. (shrink)

Addresses perceived irresolvable paradoxes regarding reality as presented by a number of philosophers.

Addresses perceived irresolvable paradoxes regarding reality as presented by a number of philosophers.

Addresses perceived irresolvable paradoxes regarding reality as presented by a number of philosophers.

A futuristic examination of metaphysical systems, responsibility, understanding, conceit, continuums, and history’s vector.

Aquinas holds that by its nature the human will has happiness as its ultimate end in every choice, and yet he holds that one can and ought to love God more than oneself or one’s own happiness. This generates the so-called “problem of love”: how can an eudaimonist like Aquinas account for non-selfish love? I argue that Aquinas’s doctrine of goodness as the will’s object and his distinction between the love of desire and the love of friendship solve this problem (...) and indicate that Aquinas’s eudaimonism is only “subordinated eudaimonism.” By its nature the will has happiness—total inhering goodness—as its ultimate object secundum quid, and God—total subsisting goodness—as ultimate object simpliciter. Nevertheless, Aquinas argues on philosophical grounds and with the support of Aristotle’s Liber de Bona Fortuna that God Himself would have to move the will if one were to love God above oneself even in the order of nature. (shrink)

I argue for a novel reading of the mover principle used in Aquinas’s motion proofs for God’s existence. Many interpret Aquinas’s principle as holding that everything in motion is moved by something else currently in contact with it. Others, following James Weisheipl, understand the principle as claiming only that everything being moved is being moved by something else. I argue against both readings and hold that the principle means that everything in motion is moved by something else—whether that something else (...) simply set it in motion or is currently moving it by contact. By looking closely at Aquinas’s inductive argument for the mover principle, I show that simultaneity between mover and moved is not necessary on Aquinas’s view. My interpretation allows me to respond to objections to Aquinas’s act-potency argument for the mover principle more convincingly than others, and sets the groundwork for robust engagement between Thomism and modern science. (shrink)

Aquinas' first proof for God's existence is usually interpreted as a metaphysical argument immune to any objections coming from empirical science. Connections to Aquinas' own historical understanding of physics and cosmology are ignored or downplayed. Nature and Nature's God proposes a natural philosophical interpretation of Aquinas' argument more sensitive to the broader context of Aquinas' work and yielding a more historically accurate account of the argument. Paradoxically, the book also shows that, on such an interpretation, Aquinas' argument is not only (...) consistent with modern science, but actually confirmed by the history of science, from classical mechanics through 19th century thermodynamics to contemporary cosmology. The first part of the book considers Aquinas' argument in its historical context, exploring the key principles that everything in motion is moved by something else and that an infinite regress of causes is impossible. The structure of the First Way is analyzed and the argument is connected both with Aquinas' Third Way-a new interpretation of which is also proposed-and Aquinas' second proof from motion in the Summa contra Gentiles. To complete the account of what natural philosophy-prior to metaphysics-can demonstrate about God, a chapter on Aquinas' teleological argument (the Fifth Way) is also included. The second part of the book tracks the history of modern science from Copernicus to today, showing how Aquinas' argument fared at each major turn. The first chapter shows how Newton's understanding of inertia and conservation of momentum supports the idea that motion cannot continue forever without God's causality, and integrates a modern understanding of inertia and gravity with the principles of Thomistic natural philosophy. The second chapter considers the first and second laws of thermodynamics, showing how they too support Aquinas' contention that motion cannot continue forever without God's causality. This chapter also discusses statistical mechanics and contemporary cosmology, demonstrating that science continues to support Aquinas' unmoved mover argument. The final chapter turns to modern biology as well as cosmological fine-tuning to show that modern science also continues to support Aquinas' teleological argument. The result is not only a satisfying defense of Aquinas' natural philosophical proofs for God's existence, but a primer on the broader project of integrating Thomistic natural philosophy with modern science. (shrink)

In this paper I argue that neither St. Bonaventure nor St. Thomas are eudaimonists in the normal sense. Neither holds that happiness--which is a condition of human persons, and thus falls on the creature side of the Creator/creature divide--is the ultimate end of human beings strictly speaking, being rather a penultimate end. God is the true ultimate end of human beings, and He falls on the other side of the Creator/creature divide. -/- Both St. Thomas and St. Bonaventure hold that (...) happiness consists in the attainment of God. They differ in that St. Bonaventure holds that loving God constitutes the attainment of God, for he who loves God has God. St. Thomas, on the other hand, holds that loving God does not in and of itself mean having Him. Love causes us to desire union with God, but is not itself union with Him. God is attained when He is known. However, St. Thomas also holds that loving God is better than knowing Him, and thus better than happiness. This is because God Himself, and not our happiness in knowing Him, is our true ultimate end. -/- On the basis of these theories, both St. Bonaventure and St. Thomas avoid the self-centeredness objections to eudaimonism, while being able to incorporate all of the strengths of virtue ethics. (shrink)

This article defines Existentialism and Marxism in rather broad terms. It argues that while there are certain redeeming qualities to these philosophies, they suffer from certain insurmountable shortcomings. The article then gives a rather brief account of the merits found among the ancients where an attunement to the idea of “wonder” and philosophical speculations of notions of love, may suggest a way to overcome the negative aspects of both Marxism and Existentialism. And while the latter two philosophies were an attempt (...) to create a better world in many respects-albeit debatably unsuccessful in doing so – the ancients perhaps provide a more robust vision of humantas, a certain wisdom that even today may have significant ramifications. (shrink)

One of the lingering questions for development economists is that of economic transition and whether development can be promoted by a strong political leader. Earlier writings on leadership and economic development tend to fall into one of two camps: leaders matter and can contribute positively to economic growth, or leaders seldom have positive effects and, at best, can avoid doing a great deal of harm. This article establishes a third option—a middle-ground position—between these two views. Good leadership can, indeed, have (...) a positive effect on economic growth but only during the initial moment when economic reform is up for grabs. Once the opportunity to implement sweeping reform has passed, interests become entrenched, and the opportunity for growth-enhancing reform passes. Bad leaders, on the other hand, can hamper economic growth in periods well beyond the ideal reform moment. (shrink)

Moral distress in healthcare has been an increasingly prevalent topic of discussion. Most authors characterize it as a negative phenomenon, while few have considered its potentially positive value. In this essay, I argue that moral distress can reveal and affirm some of our most important concerns as moral agents. Indeed, the experience of it under some circumstances appears to be partly constitutive of an honorable character and can allow for crucial moral maturation. The potentially positive value, then, is twofold; moral (...) distress carries both aretaic and instrumental value. Granted, this position is not without its caveats, but by making these clear, I provide a novel framework for policy recommendations regarding when, if ever, we should work to reduce moral distress. (shrink)

Medical errors are all too common. Ever since a report issued by the Institute of Medicine raised awareness of this unfortunate reality, an emerging theme has gained prominence in the literature on medical error. Fears of blame and punishment, it is often claimed, allow errors to remain undisclosed. Accordingly, modern healthcare must shift away from blame towards a culture of safety in order to effectively reduce the occurrence of error. Against this shift, I argue that it would serve the medical (...) community well to retain notions of individual responsibility and blame in healthcare settings. In particular, expressions of moral emotions—such as guilt, regret and remorse—appear to play an important role in the process of disclosing harmful errors to patients and families. While such self-blaming responses can have negative psychological effects on the individual practitioner, those who take the blame are in the best position to offer apologies and show that mistakes are being taken seriously, thereby allowing harmed patients and families to move forward in the wake of medical error. (shrink)

This article examines the relevance of survey data of scientists’ attitudes about science and values to case studies in philosophy of science. We describe two methodological challenges confronting such case studies: 1) small samples, and 2) potential for bias in selection, emphasis, and interpretation. Examples are given to illustrate that these challenges can arise for case studies in the science and values literature. We propose that these challenges can be mitigated through an approach in which case studies and survey methods (...) are viewed as complementary, and use data from the Toolbox Dialogue Initiative to illustrate this claim. (shrink)

Recent medical and bioethics literature shows a growing concern for practitioners’ emotional experience and the ethical environment in the workplace. Moral distress, in particular, is often said to result from the difficult decisions made and the troubling situations regularly encountered in health care contexts. It has been identified as a leading cause of professional dissatisfaction and burnout, which, in turn, contribute to inadequate attention and increased pain for patients. Given the natural desire to avoid these negative effects, it seems to (...) most authors that systematic efforts should be made to drastically reduce moral distress, if not altogether eliminate it from the lives of vulnerable practitioners. Such efforts, however, may be problematic, as moral distress is not adequately understood, nor is there agreement among the leading accounts regarding how to conceptualize the experience. With this article I make clear what a robust account of moral distress should be able to explain and how the most common notions in the existing literature leave significant explanatory gaps. I present several cases of interest and, with careful reflection upon their distinguishing features, I establish important desiderata for an explanatorily satisfying account. With these fundamental demands left unsatisfied by the leading accounts, we see the persisting need for a conception of moral distress that can capture and delimit the range of cases of interest. (shrink)

This paper discusses the post-trial access to drugs for patients who participated in clinical trials in Brazil. The ethical guidance for clinical trials in Brazil is arguably one of the clearest in the world in attributing to research sponsors the responsibility for providing post-trial drugs to patients who participated in their experiments. The Federal Constitution recognizes health as a fundamental right to be fulfilled by the State. Based on the Brazilian constitution and on the National Health Council resolutions, courts have (...) been accepting patients' claims and ordering the State and the pharmaceutical companies to provide these patients with the tested treatment in the quantity and duration they need it. This generous interpretation of the duties of the pharmaceutical companies and the State makes the Brazilian model for post-trial access unique when compared to the experience of other countries and thus should be followed with attention by future research in order to assess its consequences for patients, research sponsors, and the public health system. (shrink)

We explore a general method based on trees of elementary submodels in order to present highly simplified proofs to numerous results in infinite combinatorics. While countable elementary submodels have been employed in such settings already, we significantly broaden this framework by developing the corresponding technique for countably closed models of size continuum. The applications range from various theorems on paradoxical decompositions of the plane, to coloring sparse set systems, results on graph chromatic number and constructions from point-set topology. Our main (...) purpose is to demonstrate the ease and wide applicability of this method in a form accessible to anyone with a basic background in set theory and logic. (shrink)

Recent professional guidelines published by the General Medical Council instruct physicians in the UK to be honest and open in any financial agreements they have with their patients and third parties. These guidelines are in addition to a European policy addressing disclosure of physician financial interests in the industry. Similarly, In the US, a national open payments program as well as Federal regulations under the Affordable Care Act re-address the issue of disclosure of physician financial interests in America. These new (...) professional and legal changes make us rethink the fiduciary duties of providers working under new organizational and financial schemes, specifically their clinical fidelity and their moral and professional obligations to act in the best interests of patients. The article describes the legal changes providing the background for such proposals and offers a prima facie ethical analysis of these evolving issues. It is argued that although disclosure of conflicting interest may increase trust it may not necessarily be beneficial to patients nor accord with their expectations and needs. Due to the extra burden associated with disclosure as well as its implications on the medical profession and the therapeutic relationship, it should be held that transparency of physician financial interest should not result in mandatory disclosure of such interest by physicians. It could lead, as some initiatives in Europe and the US already demonstrate, to voluntary or mandatory disclosure schemes carried out by the industry itself. Such schemes should be in addition to medical education and the address of the more general phenomenon of physician conflict of interest in ethical codes and ethical training of the parties involved. (shrink)

The most forceful philosophical objections to belief in God arise from the existence of evil. Bad things happen in the world and it is not clear how this is compatible with the existence of an all-powerful and perfectly loving being. Unsurprisingly then, philosophers have formulated powerful arguments for atheism based on the existence of apparently unjustified suffering. These arguments give expression to what we call the problem of evil. This volume is an engaging introduction to the philosophical problem of evil. (...) Daniel Speak provides a clear overview of the main lines of reasoning in this debate and argues for the defensibility of theistic belief in the face of evil. He fleshes out the distinction between theodicy and defense and guides the reader through the logical, evidential, and hiddenness versions of the problem."--Publisher's description. (shrink)