In this paper, we provide an overview of how the outcomes of the Uruguay Round affected the application of pharmaceutical intellectual property rights globally. Second, we explain how specific pharmaceutical policy tools can help developing states mitigate the worst effects of the TRIPS Agreement. Third, we put forward solutions that could be implemented by the World Bank to help overcome the divide between creating private incentives for research and development of innovative medicines and ensuring access of the poor to medicine. (...) Fourth, we evaluate these solutions on the basis of utilitarian considerations and urge that equitable pricing is morally preferable to the other solutions. (shrink)

In this paper, we provide an overview of how the outcomes of the Uruguay Round affected the application of pharmaceutical intellectual property rights globally. Second, we explain how specific pharmaceutical policy tools can help developing states mitigate the worst effects of the TRIPS Agreement. Third, we put forward solutions that could be implemented by the World Bank to help overcome the divide between creating private incentives for research and development of innovative medicines and ensuring access of the poor to medicine. (...) Fourth, we evaluate these solutions on the basis of utilitarian considerations and urge that equitable pricing is morally preferable to the other solutions. (shrink)

With over 2 billion people lacking medicines for treatable diseases and 14 million people dying annually from infectious disease, there is undeniable need for increased access to medicines. There has been an increasing trend to benchmark the pharmaceutical industry on their corporate social responsibility (CSR) performance in access to medicines. Benchmarking creates a competitive inter-business environment and acts as incentive for improving CSR. This article investigates the corporate feedback discourses pharmaceutical companies make in response to criticisms from benchmarking reports. It (...) determines whether these responses are part of a healthy process in increasing access to medicines or a barrier to improvement. A qualitative analysis on the feedback the industry provided was performed, and the responses seen in these statements were grouped by analysing the language used, the ideas portrayed and atti- tudes of the companies. Increasing transparency through benchmarking is a powerful tool which reveals the industry’s shortfalls to the public, affects the decisions of socially responsible investors, and is a risk to their financial bottom line. This article demonstrates the importance of benchmarking and transparency in creating inter-business competition and the translation of these responses to actual access to medicine practices. (shrink)

Anlasslich des 100. Todestages von Hermann Cohen und 100 Jahre nach Erscheinen seines Spatwerkes "Religion der Vernunft aus den Quellen des Judentums" behandelt dieser Band im Spannungsfeld von Philosophie und Religion die Frage des Nationalen, die im gegenwartigen Prozess der Radikalisierung und Politisierung der religiosen und philosophischen Grundfragen von Vernunft und Ethik zunehmend an Bedeutung gewinnt. Eine Bedingung fur das Verstandnis von Cohens Kantkritik ist in diesem Zusammenhang ein systematisches Zusammenlesen seiner erkenntnistheoretischen Werke mit seinen "Judischen Schriften". Um dem (...) Judentum, sowohl im Deutsch-Nationalen als auch in der "christlichen Kultur", einen Ort einzuraumen, bricht Cohen die Begriffe des Nationalismus und der Kultur als solche auf und idealisiert sie humanistisch-universal. Den ethischen Idealismus sah Cohen gleichermassen begrundet in der Religion der Propheten, der sich die doppelsinnige Einheit von Monotheismus und Messianismus, d.h. das Ziel der einen Menschheit am Ende der Tage, verdankt. Der ursachliche Zusammenhang zwischen Monotheismus, Wahrheit, Ethik und Jurisprudenz im Judentum fuhrt Cohen in seinem Spatwerk zu einer neuen Definition von Religion und Kultur. (shrink)

In this article, we evaluate the capacity of liberal egalitarianism to rebut what we call the libertarian challenge of charity. This challenge states that coercive redistributive taxation is neither needed nor justified, since those who endorse redistribution can give charitably, and those who do not endorse redistribution cannot justifiably be coerced. We argue that contemporary developments in liberal political thought render liberalism more vulnerable to this libertarian challenge. Many liberals have, in recent years, sought to recast liberalism such that it (...) is more hospitable to cultural, religious, and ethnic diversity. This move has resulted in increased support for the claim that liberalism should be understood as a political rather than comprehensive doctrine, and that liberal institutions should draw their legitimacy from agreements made among members of an appropriately conceived deliberative community, rather than from controversial liberal principles like individual autonomy. We argue that, while this move may indeed make liberalism more compatible with cultural diversity, it also makes it more vulnerable to the libertarian challenge of charity. Not all versions of liberalism are troubled by the challenge, but those that are troubled by it are increasingly dominant. We also discuss G.A. Cohen's claim that liberal equality requires an ‘egalitarian ethos’ and argue that, if Cohen is right, it is difficult to see how there can be an adequate response to the libertarian challenge of charity. In general, our argument can be summarised as follows: the more that liberalism is concerned accurately to model the actual democratic wishes and motivations of the people it governs, the less it is able to justify coercively imposing redistributive principles of justice. (shrink)

The most important Jewish source for Hermann Cohen's rational theology of Judaism is Maimonides' Guide of the Perplexed . Indeed, the Guide is of such importance that Cohen bases his entire idealistic interpretation of the Jewish religion on it. In particular, Cohen derives his discussion of the continued authority of Mosaic law from the Guide . What follows focuses on Cohen's discussion of the “Law” in his Religion of Reason out of the Sources of Judaism , (...) and attempts to fill a gap in recent Cohen research by dealing with questions of halakhah and the interpretation of rabbinical sources. Cohen's original reading of, inter alia, Guide III.31-32 led him to formulate a theory wherein Mosaic law—and by extension Judaism—guarantees the highest end of human morality. In identifying God with this end, Cohen eventually finds the ultimate criterion for the decision of how much of traditional Jewish law must still be observed in the need for the preservation of the purest monotheism—another central point in Maimonides' philosophy. (shrink)

The general subject of the book is the re-discovery of Maimonides’ Guide of the Perplexed by the Wissenschaft des Judentums movement in Germany of the nineteenth and beginning twentieth Germany. Since this movement is inseparably connected with religious reforms that took place at about the same time, it shall be demonstrated how the Reform Movement in Judaism used the Guide for its own agenda of historizing, rationalizing and finally turning Judaism into a philosophical enterprise of ‘ethical monotheism’. The study follows (...) the reception of Maimonidean thought, and the Guide specifically, through the nineteenth century, from the first beginnings of early reformers in 1810 and their reading of Maimonides to the development of a sophisticated reform-theology, based on Maimonides, in the writings of Hermann Cohen more then a hundred years later. (shrink)

It is widely agreed that because animals feel pain we should not make them suffer gratuitously. Some ethical theories go even further: because of the capacities that they possess, animals have the right not to be harmed or killed. These views concern what not to do to animals, but we also face questions about when we should, and should not, assist animals that are hungry or distressed. Should we feed a starving stray kitten? And if so, does this commit us, (...) if we are to be consistent, to feeding wild animals during a hard winter? In this controversial book, Clare Palmer advances a theory that claims, with respect to assisting animals, that what is owed to one is not necessarily owed to all, even if animals share similar psychological capacities. Context, history, and relation can be critical ethical factors. If animals live independently in the wild, their fate is not any of our moral business. Yet if humans create dependent animals, or destroy their habitats, we may have a responsibility to assist them. Such arguments are familiar in human cases-we think that parents have special obligations to their children, for example, or that some groups owe reparations to others. Palmer develops such relational concerns in the context of wild animals, domesticated animals, and urban scavengers, arguing that different contexts can create different moral relationships. (shrink)

Formal principles governing best practices in classification and definition have for too long been neglected in the construction of biomedical ontologies, in ways which have important negative consequences for data integration and ontology alignment. We argue that the use of such principles in ontology construction can serve as a valuable tool in error-detection and also in supporting reliable manual curation. We argue also that such principles are a prerequisite for the successful application of advanced data integration techniques such as ontology-based (...) multi-database querying, automated ontology alignment and ontology-based text-mining. These theses are illustrated by means of a case study of the Gene Ontology, a project of increasing importance within the field of biomedical data integration. (shrink)

One objection that has been raised for meta-ethical expressivism is that expressivists must give an account of the nature of the attitude which constitutes moral thinking, but that any expressivist account that attempts to do seems to fail. Call this objection the “moral attitude problem.” In this article I suggest a strategy for expressivists to escape this problem: I argue that the moral attitude problem is a problem that arises not only for expressivists but also for meta-ethical cognitivists, and that (...) expressivists can use the same resources used by cognitivists to escape this problem. (shrink)

Structural changes in the agriculture and food system have resulted in larger but fewer farms, while increasing populations in urban areas have pushed development into rural areas. Despite these changes, little research has examined the concern of individuals with regards to loss of farmland and how this may vary based on geography. Building on Bell’s argument that the rural–urban continuum still exists and remains an important part of rural residents’ identity, in this article we examine residents’ concern over loss of (...) farmland as a result of urban growth. We pay particularly close attention to urban–rural differences over concern with loss of farmland. Utilizing survey data collected from over 400 households in the Treasure Valley, a region of the western United States, our results indicate that rural residents show greater levels of concern with farmland loss when compared to their urban counterparts. (shrink)

Conceptual engineering is the enterprise of evaluating and improving our representational devices. But how should we conduct this enterprise? One increasingly popular answer to this question proposes that conceptual engineering should proceed in terms of the functions of our representational devices. In this paper, we argue that the best way of understanding this suggestion is in terms of normative functions, where normative functions of concepts are, roughly, things that they allow us to do that matter normatively (for example, things in (...) virtue of which we have normative reasons to have these concepts). Not only does this introduce a novel view about functions to the literature. This proposal also fits more naturally than the alternatives with conceptual engineering as a normative enterprise, and it allows functions to play all of the explanatory roles assigned to them in the conceptual engineering literature. Our discussion of the explanatory advantages of normative functions also advances the understanding of the ways in which concepts can be authoritative, what this means for conceptual engineering, and highlights the importance of political philosophy for thinking about conceptual engineering in practice. Furthermore, the paper explicates what kind of role considerations about function can and should actually play in conceptual engineering. (shrink)

Empirical research in the field of moral cognition is increasingly being used to draw conclusions in philosophical moral psychology, in particular regarding sentimentalist and rationalist accounts of moral judgment. This paper calls for a reassessment of both the empirical and philosophical conclusions being drawn from the moral cognition research. It is proposed that moral decision making is best understood as a species of Kahneman and Frederick's dual-process model of decision making. According to this model, emotional intuition-generating processes and reflective processes (...) operate in an integrated way in moral deliberation, and metacognition is assigned an essential role in the monitoring and shaping of moral intuitions. In combination with observations from philosophical moral psychology, this proposal cautions against endorsing simple sentimentalism or rejecting rationalist accounts on the basis of the moral cognition research. (shrink)

'Philosophy in a world of women. I reflected, talking with Mary, Pip and Elizabeth, how much I love them.' Two brilliant young scholars uncover the major philosophical contributions of four women whose ideas could have changed the course of twentieth-century thought. Written with energy, expertise and panache, The Quartet is a page-turning blend of research and recovery, storytelling, and a call to arms. Iris Murdoch, Philippa Foot, Mary Midgley and Elizabeth Anscombe were great friends and comrades in the intellectual trenches, (...) rethinking the possibilities of moral philosophy when the men 'left the room' and taking on the establishment, ultimately embodied by President Truman. Mac Cumhaill and Wiseman bring these women out of the shadows and into vivid colour. (shrink)

Language and Materiality integrates linguistic anthropological and sociolinguistic scholarship on a range of topics: semiotic approaches to language, language commodification, sound, embodiment, mediatization, and aesthetics. Empirically rigorous, the volume engages scholars and students interested in language, its use, and meanings. It consists of three sections - 'Texts, Objects, Mediality', 'Sound, Aesthetics, Embodiment', and 'Time, Place, Circulation' - containing chapters and short commentaries, framed by a curated conversation about semiotics and materiality in anthropology. Each section theorizes intersections, connections, and relationships between (...) language and materiality across diverse topics and ethnographic contexts. The volume shows that materiality may be approached as a feature of political economy, sensual experience, aesthetics, and affective relationships in its relation to language as talk, register, genre, ideology, and acoustic object. It consists of new perspectives on materiality as a vital dimension of social life and signification in global capitalism, connecting inquiries on subjects as diverse as food, media, fonts, and music. (shrink)

In this paper, I argue that the Hindmarsh and Wik cases stand as crucial case studies that evidence the ongoing production of terra nullius within contemporary Australian contexts. They bring into focus the critical importance the signifiers of property, capitalist ‘productivity’ and legality within the settler-colonial state. Alongside notions of ‘civility,’ discourses surrounding ‘economic productivity’ and ‘equality before the law’ are consistently mobilised in these cases to assert white sovereignty. In contradistinction to the discourses that construct Indigenous people’s relation to (...) land as a singular and affective ‘affinity,’ media, political and legal texts script white Australian land uses such as farming and mining as ‘productive’ and necessary for economic prosperity. They are posited with ‘monetary’ output and juridical standing in order to produce the narrative that the continent was lawfully ‘settled’ by ‘illustrious’ white Australians. Moreover, these signifiers ramify within colonial law. Following these cases, the state amended the Aboriginal and Torres Straight Islander Heritage Protection Act 1984 and the Native Title Act 1993 respectively. They ensured the material construction of the Hindmarsh Island Bridge and the revocation of specific Indigenous land rights in order to sustain the settler-colonial state’s claims to sovereignty. (shrink)

According to the principle of patient autonomy, patients have the right to be self-determining in decisions about their own medical care, which includes the right to refuse treatment. However, a treatment refusal may legitimately be overridden in cases where the decision is judged to be incompetent. It has recently been proposed that in assessments of competence, attention should be paid to the evaluative judgments that guide patients' treatment decisions.In this paper I examine this claim in light of theories of practical (...) rationality, focusing on the difficult case of an anorexic person who is judged to be competent and refuses treatment, thereby putting themselves at risk of serious harm. I argue that the standard criteria for competence assess whether a treatment decision satisfies the goals of practical decision-making, and that this same criterion can be applied to a patient's decision-guiding commitments. As a consequence I propose that a particular understanding of practical rationality offers a theoretical framework for justifying involuntary treatment in the anorexia case. (shrink)

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play an essential role in (...) setting the relevant standards, legal capacity in the context of personal decisions and criminal acts should not be thought of as two sides of the same coin. The implications of particular moral or political norms are likely to be different in these two legal contexts, and this may justify asymmetries in the relevant standards for legal capacity. However, the analysis highlights a fundamental question about how much weight moral or political considerations should be given in setting these standards, and this is used to frame a challenge to those calling for significantly wider recognition of the legal capacity of people with mental disabilities on the basis of the Convention. (shrink)

In this paper, I explore the possibility of developing a Kantian account of the ethics of belief by deploying the tools provided by Kant's ethics. To do so, I reconstruct epistemic concepts and arguments on the model of their ethical counterparts, focusing on the notions of epistemic principle, epistemic maxim and epistemic universalizability test. On this basis, I suggest that there is an analogy between our position as moral agents and as cognizers: our actions and our thoughts are subject to (...) the same rational norm. (shrink)

This article investigates the ability of mental incapacity tests to account for problems of control, through a study of the approach to alcohol dependence and a comparison with the approach to anorexia nervosa, in England and Wales. The focus is on two areas of law where questions of legal and mental capacity arise for people who are alcohol dependent: decisions about treatment for alcohol dependence and diminished responsibility for a killing. The mental incapacity tests used in these legal contexts are (...) importantly different—one involves a ‘cognitive’ test, while the other includes an explicit impaired-control limb—and the comparison provides insight into a longstanding debate about the virtues of one type of test over the other. It is shown that both kinds of test can take control problems into account, but also that both can be interpreted in narrow and wide ways that significantly influence the outcome of the assessment. It is therefore argued that to a large extent, it is not the kind of mental incapacity test that matters, but how the test is interpreted. It is further proposed that value judgements are playing an unrecognised and inappropriate role in shaping this interpretation. This raises concerns about the current approach to assessing the impact of alcohol dependency on the capacity to make decisions about alcohol use or treatment, as well as broader concerns about flexibility within incapacity tests. (shrink)

Two opposing accounts of early language evolution, the compositional and the holistic, have become the subject of lively debate. It has been argued that an evolving compositional protolanguage would not be useful for communication until it reached a certain level of grammatical complexity. This paper offers a new, discourse-oriented perspective on the debate. It argues that discourse should be viewed, not as a level of language structure ‘beyond the sentence’, but as sequenced communicative behaviour, typically but not uniquely involving language. (...) This provides for continuity from exchanges making use of simple communicative resources such as single words and gestures to those making use of complex grammatical conventions. Supporting evidence comes from child language and from original experiments with adults using constrained language systems. The paper shows that the utility of emerging compositional language is not dependent on some critical level of complexity, and so defends the compositional account. (shrink)

Purpose The purpose of this paper is to demonstrate privacy concerns arising from the rapidly increasing advancements and use of artificial intelligence technology and the challenges of existing privacy regimes to ensure the on-going protection of an individual’s sensitive private information. The authors illustrate this through a case study of energy smart meters and suggest a novel combination of four solutions to strengthen privacy protection. Design/methodology/approach The authors illustrate how, through smart meter obtained energy data, home energy providers can use (...) AI to reveal private consumer information such as households’ electrical appliances, their time and frequency of usage, including number and model of appliance. The authors show how this data can further be combined with other data to infer sensitive personal information such as lifestyle and household income due to advances in AI technologies. Findings The authors highlight data protection and privacy concerns which are not immediately obvious to consumers due to the capabilities of advanced AI technology and its ability to extract sensitive personal information when applied to large overlapping granular data sets. Social implications The authors question the adequacy of existing privacy legislation to protect sensitive inferred consumer data from AI-driven technology. To address this, the authors suggest alternative solutions. Originality/value The original value of this paper is that it illustrates new privacy issues brought about by advances in AI, failings in current privacy legislation and implementation and opens the dialog between stakeholders to protect vulnerable consumers. (shrink)

In philosophical discussions of the secondary qualities, color has taken center stage. Smells, tastes, sounds, and feels have been treated, by and large, as mere accessories to colors. We are, as it is said, visual creatures. This, at least, has been the working assumption in the philosophy of perception and in those metaphysical discussions about the nature of the secondary qualities. The result has been a scarcity of work on the “other” secondary qualities. In this paper, I take smells and (...) place them front and center. I ask: What are smells? For many philosophers, the view that colors can be explained in purely physicalistic terms has seemed very appealing. In the case of smells, this kind of nonrelational view has seemed much less appealing. Philosophers have been drawn to versions of relationalism—the view that the nature of smells must be explained (at least in part) in terms of the effects they have on perceivers. In this paper, I consider a contemporary argument for this view. I argue that nonrelationalist views of smell have little to fear from this argument. (shrink)

The Convention on the Rights of Persons with Disabilities is increasingly seen as driving a paradigm shift in mental health law, particularly in relation to the understanding that it requires a shift from substituted to supported decisions. This article identifies two competing moral commitments implied by this shift, both of which appeal to the notion of autonomy. It is argued that because of these commitments the Convention is in tension with more general calls in the medical ethics literature for preserving (...) patient autonomy through support. The competing commitments within the Convention also present a particular challenge in putting the support it requires into practice. A discursive control account of freedom is used to develop some practical guidelines for navigating this new moral territory. (shrink)

In Mindblindness, Simon Baron-Cohen presents a model of the evolution and development of "mindreading." He argues that we mindread all the time, effortlessly, automatically, and mostly unconsciously. It is the natural way in which we interpret, predict, and participate in social behavior and communication. We ascribe mental states to people: states such as thoughts, desires, knowledge, and intentions. Building on many years of research, Baron-Cohen concludes that children with autism, suffer from "mindblindness" as a result of a selective (...) impairment in mindreading. For these children, the world is essentially devoid of mental things. Baron-Cohen develops a theory that draws on data from comparative psychology, from developmental, and from neuropsychology. He argues that specific neurocognitive mechanisms have evolved that allow us to mindread, to make sense of actions, to interpret gazes as meaningful, and to decode "the language of the eyes." A Bradford Book. (shrink)

An emerging ethical dilemma in light of the opioid crisis, repeat cardiac valve replacements for patients diagnosed with endocarditis from intravenous drug use presents specific challenges to Catholic health care organizations. While secular health care is tasked with the allocation of scarce resources, Catholic institutions must address additional considerations when balancing stewardship of scarce resources, human dignity, and patient accountability. A recent ethics consultation illustrates the issues involved in multiple valve replacements for substance-addicted patients from a Catholic ethical perspective. The (...) discussion includes policy recommendations and ethical reflections. (shrink)

Teacher Subject Identity in Professional Practicefocuses on a key, but neglected, element of a teacher's identity: that of their subject expertise.Studies of teachers' professional practice have shown the importance of a teacher's identity and the extent to which it can affect their resilience, commitment and ultimately their effectiveness. Drawing upon narrative research undertaken with a range of teachers over a period of 14 years, the book explores how subject expertise can play a significant role in teacher identity, acting as a (...) professional compass guiding teachers at all levels of their professional practice. It reveals powerful individual stories of meaning-making which highlight the dynamic importance of teachers' subject expertise The book's metaphor of a professional compass goes to the heart of teacher professionalism, and provides a valuable mechanism to enable teachers to respond to challenges they face in their daily practice. It enables teachers to consider the moral dimensions of their practice, and can constitute a significant component in professional formation and identity. Throughout the book the importance of subject expertise for teachers' professional practice is explored at a range of scales: from the classroom to broad education policy, and at different stages of a teacher's career which offers readers a deeper understanding of the importance of subject expertise for teachers. Teacher Subject Identity in Professional Practicemakes a significant contribution to an under-researched area. It identifies the role and significance of teachers' subject expertise as a dimension of their teacher identity. The book is key reading for teacher educators, policy makers and researchers with an interest in teachers' professional development and practice. (shrink)

Season 4 episode of Supernatural, “It's a Terrible Life”, is a demonstration of an overarching Marxist theme in the series: the American dream is impossible, because we are alienated and disconnected from our labor through capitalism. The alternate world in “It's a Terrible Life” not only typifies the broader world of the Winchesters in Supernatural but also highlights the fact that the Winchesters' lives mirror in horrific manner a terrible life we're all trapped in. “It's a Terrible Life” accurately demonstrates (...) that as long as a system exists wherein the workers are not the owners of the means of production, laboring for its own sake is merely an illusion. (shrink)

In "What the Nose Doesn't Know", I argue that there are no olfactory illusions. Central to the traditional notions of illusion and hallucination is a notion of object-failure—the failure of an experience to represent particular objects. Because there are no presented objects in the case of olfactory experience, I argue that the traditional ways of categorizing non-veridical experience do not apply to the olfactory case. In their place, I propose a novel notion of non-veridical experience for the olfactory case. In (...) his (2011), Stevenson responds to my claim that there are no olfactory illusions. Although he agrees that it is natural—or at least commonplace—to think there are no olfactory illusions, he argues that there are and provides examples of them, many of which he suggests have analogues in the visual and auditory domains. In this paper, I examine the nature of the disagreement between us. I argue that Stevenson fails to argue against my conclusion that there are no olfactory illusions. (shrink)

Much of the philosophical work on perception has focused on vision, with very little discussion of the chemical senses—olfaction and gustation. In this paper, I consider the challenge that olfactory experience presents to upholding a representational view of the sense modalities. Given the phenomenology of olfactory experience, it is difficult to see what a representational view of it would be like. Olfaction, then, presents an important challenge for representational theories to overcome. In this paper, I take on this challenge and (...) argue for a representational account of olfactory experience that honors its phenomenology. (shrink)

Much of the philosophical work on perception has focused on vision. Recently, however, philosophers have begun to correct this ‘tunnel vision’ by considering other modalities. Nevertheless, relatively little has been written about the chemical senses—olfaction and gustation. The focus of this paper is olfaction. In this paper, I consider the question: does human olfactory experience represents objects as thus and so? If we take visual experience as the paradigm of how experience can achieve object representation, we might think that the (...) answer to this question is no. I argue that olfactory experience does indeed represent objects—just not in a way that is easily read from the dominant visual case. (shrink)