Genomic research is an expanding and subversive field, leaking into various others, from environmental protection to food production to healthcare delivery, and in doing so, it is reshaping our relationship with them. The international community has issued various declaratory instruments aimed at the human genome and genomic research. These soft law instruments stress the special nature of genomics and our genetic heritage, and attempt to set limits on our activities with respect to same, as informed by the human rights paradigm. (...) This paper examines the primary thrust and, more importantly, the joint value position of the Universal Declaration on the Human Genome and Human Rights and the Universal Declaration on Bioethics and Human Rights, concluding that, though important legal instruments from the human rights paradigm, these instruments, or rather the values contained therein, must find a more influential hard law voice and a broader policy environment. (shrink)

In a world surrounded by smart objects from sensors to automated medical devices, the ubiquity of ‘smart’ seems matched only by its lack of clarity. In this article, we use our discussions with expert stakeholders working in areas of implantable medical devices such as cochlear implants, implantable cardiac defibrillators, deep brain stimulators and in vivo biosensors to interrogate the difference facets of smart in ‘implantable smart technologies’, considering also whether regulation needs to respond to the autonomy that such artefacts carry (...) within them. We discover that when smart technology is deconstructed it is a slippery and multi-layered concept. A device’s ability to sense and transmit data and automate medicine can be associated with the ‘sting’ of autonomy being disassociated from human control as well as affecting individual, group, and social environments. (shrink)

In a world surrounded by smart objects from sensors to automated medical devices, the ubiquity of ‘smart’ seems matched only by its lack of clarity. In this article, we use our discussions with expert stakeholders working in areas of implantable medical devices such as cochlear implants, implantable cardiac defibrillators, deep brain stimulators and in vivo biosensors to interrogate the difference facets of smart in ‘implantable smart technologies’, considering also whether regulation needs to respond to the autonomy that such artefacts carry (...) within them. We discover that when smart technology is deconstructed it is a slippery and multi-layered concept. A device’s ability to sense and transmit data and automate medicine can be associated with the ‘sting’ of autonomy being disassociated from human control as well as affecting individual, group, and social environments. (shrink)

Genomic research is an expanding and subversive field, leaking into various others, from environmental protection to food production to healthcare delivery, and in doing so, it is reshaping our relationship with them. The international community has issued various declaratory instruments aimed at the human genome and genomic research. These soft law instruments stress the special nature of genomics and our genetic heritage, and attempt to set limits on our activities with respect to same, as informed by the human rights paradigm. (...) This paper examines the primary thrust and, more importantly, the joint value position of the Universal Declaration on the Human Genome and Human Rights and the Universal Declaration on Bioethics and Human Rights, concluding that, though important legal instruments from the human rights paradigm, these instruments, or rather the values contained therein, must find a more influential hard law voice and a broader policy environment. (shrink)

ABSTRACTGiven its intimate relationship with the human body and its environment, biotechnology innovation, and more particularly stem cell research innovations as a part thereof, implicate diverse social and moral/ethical issues. This paper explores some of the most important and controversial moral concerns raised by human embryonic stem cell research , focusing on concerns relating to the wellbeing of the embryo and the wellbeing of society . It then considers how and whether these concerns are dealt with in regulatory instruments in (...) Argentina, a southern developing country, examining in particular whether the values underlying these concerns have been translated into practical and effective rules reflective of the primary moral positions advanced. It concludes that Argentina's current state of stem cell research governance fails to consistently reflect the moral positions that have formed and is inadequate given Argentina's activity in this field. (shrink)

The recent outbreak of Ebola in West Africa has killed thousands of people, including healthcare workers. African responses have been varied and largely ineffective. The WHO and the international community’s belated responses have yet to quell the epidemic. The crisis is characteristic of a failure to properly comply with the International Health Regulations 2005. More generally, it stems from a failure of international health justice as articulated by a range of legal institutions and instruments, and it should prompt us to (...) question the state and direction of approaches to the governance of global public health. This paper queries what might be done to lift global public health as a policy arena to the place of prominence that it deserves. It argues that there are at least two critical reasons for the past, present and easily anticipated future failings of the global public health regime. After exploring those, it then articulates a new way forward, identifying three courses of action that might be adopted in realising better health outcomes and global health justice, namely value, institutional and legal reform. (shrink)

To state the obvious, “health matters”, but health (or its equitable enjoyment) is neither simple nor easy. Public health in particular, which encompasses a broad collection of complex and multidisciplinary activities which are critical to the wellbeing and security of individuals, populations and nations, is a difficult milieu to master effectively. In fact, despite the vital importance of public health, there is a relative dearth of ethico-legal norms tailored for, and directed at, the public health sector, particularly at the international (...) level. This is a state of affairs which is no longer tenable in the global environment. This article argues that public health promotion is a moral duty, and that international actors are key stakeholders upon whom this duty falls. In particular, the World Health Organization bears a heavy responsibility in this regard. The article claims that better health can and must be better promoted through a more robust interpretation of the WHO’s role, arguing that neither the WHO nor international law have yet played their necessary part in promoting health for all. (shrink)

It has long been the position in law that, subject to some minor but important exceptions, property cannot be held in the human body, whether living or dead. In the recent case of Yearworth and Others v North Bristol NHS Trust, however, the Court of Appeal for England and Wales revisited the property debate and threw into doubt a number of doctrines with respect to property and the body. This brief article analyses Yearworth, (1) reviewing the facts and the Court’s (...) decision with respect to the originators’ proprietary and contractual interests in their body and bodily products, (2) considering the significance of relying on property and its use a legal metaphor, (3) questioning the scope of the property right created, and (4) querying whether an alternate conceptual approach to extending rights and a remedy was warranted. It concludes that, while Yearworth engages with, and impacts on, important theoretical and practical issues—from legal, healthcare and research perspectives—it does not offer a great deal of guidance and, for that reason, its precedential significance is in doubt. (shrink)

Science matters. Science matters to the development of knowledge, to the sustainability of development, and to the shaping of social mores. Countries transitioning from developing to developed must be prepared to make science work for them and to forge a vision to become competitors in some aspects of science innovation. Drawing on data generated by the “Governing Emerging Technologies: Social Values and Stem Cell Regulation in Argentina” Project, this paper places the current Argentine bioscience setting in context by reviewing the (...) development of biosciences in Argentina, explores understandings of the social dimensions of bioscience innovation in Argentina and the possibilities of enhancing public support for science, and offers some preliminary thoughts on a model for socio-legal activity directed at encouraging social engagement with and the uptake of high technologies in Argentina. (shrink)

Complex social and ethical problems are often most effectively solved by engaging them at the messy and uncomfortable intersections of disciplines and practices, a notion that grounds the InVisible Difference project, which seeks to extend thinking and alter practice around the making, status, ownership, and value of work by contemporary dance choreographers by examining choreographic work through the lenses of law, bioethics, dance scholarship, and the practice of dance by differently-abled dancers. This article offers a critical thesis on how bioethics (...) has come to occupy a marginal and marginalizing role in questions about the differently-abled body. In doing so, it has rendered the disabled community largely invisible to and in bioethics. It then defends the claim that bioethics – as a social undertaking pursued collaboratively by individuals from different disciplines – must take much better notice of the body and the embodied individual if it is to better achieve its ends, which include constructing a moral and just society. Finally, this article considers how the arts, and specifically dance, provides us with rich evidence about the body and our ability to respond positively to normally ‘othered’ bodies. It concludes that greater attention to empirical evidence like that being generated in InVisible Difference will help to expand the reach and significance of bioethics, and thereby its relevance to important questions about the status of bodies and bodily differences, which must be considered as central to its ambitions. (shrink)

Pursuant to the Doctrine of Consumer Sovereignty, we believe that tobacco companies should be compelled to disclose their ingredients so that the public health community can make more informed recommendations in order to protect consumer autonomy and sovereignty. However, a recent decision by the First Circuit precludes such a disclosure since it would be unduly burdensome to the industry, while granting only minimal gains to the public. We argue that many of the Court’s key claims rest on a misunderstanding of (...) the science and chemistry of tobacco products. In our view, a mandatory disclosure of ingredients would more effectively protect the public interest, whilst posing minimal burdens on the tobacco industry. (shrink)

It is shown that the jet mechanism derivable from the Lorentz deformation picture leads to a nearly constant average jet transverse momentum. It is pointed out that this is consistent with the high-energy experimental data. It is pointed out further that this result strengthens the physical basis for the minimal time-energy uncertainty combined covariantly with Heisenberg's space-momentum uncertainty relation.

I argue, first, that the deprived individuals whose predicaments Nussbaum cites as examples of "adaptive preference" do not in fact prefer the conditions of their lives to what we should regard as more desirable alternatives, indeed that we believe they are badly off precisely because they are not living the lives they would prefer to live if they had other options and were aware of them. Secondly, I argue that even where individuals in deprived circumstances acquire tastes for conditions that (...) we regard as bad, they are typically better off having their acquired preferences satisfied. If they are badly off it is because they cannot get what we and they, would regard as more desirable alternatives. Preference utilitarianism explains why individuals in such circumstances are badly off whether they have adapted to their deprived circumstances or not. Even if they prefer the conditions of their lives to all other available alternatives, most would prefer alternatives that are not available to them which would, on the preferentist account, make them better off. And that, on the preferentist account, is the basis for a radical critique of unjust institutions that limit people's options and prevent them from getting what they want. (shrink)

This book describes the development of the scientific article from its modest beginnings to the global phenomenon that it has become today. The authors focus on changes in the style, organization, and argumentative structure of scientific communication over time. This outstanding resource is the definitive study on the rhetoric of science.

In 'Een handvol filosofen' staan de filosofen centraal die sinds de oprichting van de Vrije Universiteit in 1880 aan deze instelling verbonden zijn geweest. Het gaat hierbij niet alleen om de inhoud van hun werk, maar ook om de personen zelf. Er waren filosofiedocenten die zich met de universiteit identificeerden en zich volledig konden ontplooien. Er waren er echter ook voor wie dit niet gold, die geïsoleerd of in gewetensnood raakten. Veel filosofiestudenten waren actief betrokken bij wat er in hun (...) faculteit gebeurde. Zij namen initiatieven, protesteerden soms tegen de gang van zaken en kozen partij in conflictsituaties. Sinds het eind van de jaren zestig van de twintigste eeuw verloor de Vrije Universiteit geleidelijk haar christelijk karakter. Tegenwoordig werken alle stafleden vanuit hun eigen motivatie mee aan een hoofdzakelijk seculier geworden universiteit, die ruimte biedt voor religieuze en levensbeschouwelijke diversiteit. (shrink)

In dit boek neemt de Tsjechisch-Nederlandse geleerde Jan Amos Comenius (1592-1670) een centrale plaats in. Met zijn filosofie en onderwijsleer wilde hij de menselijkheid in de samenleving bevorderen. Hij kwam ervoor op dat mensen met verschillende levensbeschouwelijke visies konden samenwerken om dit doel te helpen realiseren. Ook komen rozenkruisers en vrijmetselaars aan de orde, die reeds in de zestiende en zeventiende eeuw van zich lieten horen. Anders dan de kerken deden, manifesteerden zij een onafhankelijkheid van denken en een streven naar (...) meer menselijkheid in de cultuur.0In hun denken en spreken spelen ook de ideeën van Comenius een rol, direct of indirect, kritisch ondervragend of opbouwend, maar altijd inspirerend. (shrink)

This article explores solidarity as an ethical concept underpinning rules in the global health context. First, it considers the theoretical conceptualisation of the value and some specific duties it supports (ie: its expression in the broadest sense and its derivative action-guiding duties). Second, it considers the manifestation of solidarity in two international regulatory instruments. It concludes that, although solidarity is represented in these instruments, it is often incidental. This fact, their emphasis on other values and their internal weaknesses diminishes the (...) action-guiding impact of the solidarity rules. The global health and human subject research scene needs a completely new instrument specifically directed at means by which solidarity can be achieved, and a reformed infrastructure dedicated to realising that value. (shrink)

Presence as ordinarily understood requires spatio-temporal proximity. If however Christ’s presence in the Eucharist is understood in this way it would take a miracle to secure multiple location and an additional miracle to cover it up so that the presence of Christ where the Eucharist was celebrated made no empirical difference. And, while multiple location is logically possible, such metaphysical miracles—miracles of distinction without difference, which have no empirical import—are problematic. I propose an account of Eucharist according to which Christ (...) is indeed really and objectively present in the religiously required sense, without benefit of metaphysical miracles. According to the proposed account, which draws upon Searle’s discussion of “social ontology” in The Construction of Social Reality and The Making of the Social World, the presence of Christ in the Eucharist is an institutional fact. I argue that such an account satisfies the requirements for a real presence doctrine. (shrink)

The doctrine that Christ is really present in the Eucharist appears to entail that Christ's body is not only multiply located but present in different ways at different locations. Moreover, the doctrine poses an even more difficult meta-question: what makes a theological explanation of the Eucharist a ‘real presence’ account? Aquinas's defence of transubstantiation, perhaps the paradigmatic account, invokes Aristotelian metaphysics and the machinery of Scholastic philosophy. My aim is not to produce a ‘rational reconstruction’ of his analysis but rather (...) to suggest a metaphysically innocent alternative that will ‘save the phenomena’ of religious belief and practice.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.The real presenceVolume 49, Issue 1H. E. BABER DOI: https://doi.org/10.1017/S0034412512000121Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. The real presenceVolume 49, Issue 1H. E. BABER DOI: https://doi.org/10.1017/S0034412512000121Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. The real presenceVolume 49, Issue 1H. E. BABER DOI: https://doi.org/10.1017/S0034412512000121Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

Nozick’s Experience Machine thought experiment is generally taken to make a compelling, if not conclusive, case against philosophical hedonism. I argue that it does not and, indeed, that regardless of the results, it cannot provide any reason to accept or reject either hedonism or any other philosophical account of wellbeing since it presupposes preferentism, the desire-satisfaction account ofwellbeing. Preferentists cannot take any comfort from the results of such thought experiments because they assume preferentism and therefore cannot establish it. Neither can (...) anyone else, since only a preferentist should accept the terms of the thought experiment. (shrink)

It is difficult to reconcile claims about the Father's role as the progenitor of Trinitarian Persons with commitment to the equality of the persons, a problem that is especially acute for Social Trinitarians. I propose a metatheological account of the doctrine of the Trinity that facilitates the reconciliation of these two claims. On the proposed account, ‘Father’ is systematically ambiguous. Within economic contexts, those which characterize God's relation to the world, ‘Father’ refers to the First Person of the Trinity; within (...) theological contexts, which purport to describe intra-Trinitarian relations, it refers to the Trinity in toto-thus in holding that the Son and Holy Spirit proceed from the Father we affirm that the Trinity is the source and unifying principle of Trinitarian Persons. While this account is solves a nagging problem for Social Trinitarians it is theologically minimalist to the extent that it is compatible with both Social Trinitarianism and Latin Trinitarianism, and with heterodox Modalist and Tri-theist doctrines as well. Its only theological cost is incompatibility with the Filioque Clause, the doctrine that the Holy Spirit proceeds from both the Father and the Son—and arguably that may be a benefit. (shrink)

Nanotechnology is the new(est) star in the high technologies sky. While nanotechnologies remain technologies of promise and potential, a growing number of nano-materials and nano-particle-reliant products are being produced. And although a growing number of academic, policy and industry reports are exploring nanotechnologies, there are very few genuine ethical assessments of nanotechnologies as they exist and might evolve in the coming years. Many questions have yet to be answered about the nature, development, and social and commercial deployment of nanotechnologies and (...) what that means for the human condition and the preservation of our core values. We argue that the early and potentially risky nature of this interdisciplinary science does not justify a blinkered focus on risk assessment and management to the detriment of deep and ranging ethical evaluations. Much improved ethics evaluations must be undertaken, particularly in Taiwan where very little has happened despite grand expectations for, and funding of, the science. In this paper, we uncover the development imperatives for nanotechnologies, demonstrate the paucity of genuine nanoethics exercises, outline key questions for stakeholders undertaking nanoethics exercises to consider, and we articulate some preliminary actions for Taiwan (and other similarly situated jurisdictions). (shrink)

Dion is a human person, Lefty is his left foot, and Theon is Lefty-Complement, a proper part of Dion. Lefty is annihilated and Dion survives left-footless. After Lefty’s annihilation Theon, if he survives, occupies the same region as Dion. I suggest that this scenario be understood as a fusion case in which Dion and Theon, initially overlapping but distinct, are identical after Lefty’s annihilation and propose an account of proper names that allows us to say that Dion and Theon have (...) ‘become identical’ without commitment to occasional identity or other controversial metaphysical doctrines. The proposed solution employs the semantics developed by Wolfgang Schwarz to address the ‘paradox of occasional identity’, posed by puzzle cases of fission, to deal with the problem of Dion and Theon, a body-minus puzzle. (shrink)

This qualitative research study with a content analysis approach aimed to explore families’ experiences of an organ donation request after brain death. Data were collected through 38 unstructured and in-depth interviews with 14 consenting families and 12 who declined to donate organs. A purposeful sampling process began in October 2009 and ended in October 2010. Data analysis reached 10 categories and two major themes were listed as: 1) serenity in eternal freedom; and 2) resentful grief. The central themes were peace (...) and honor versus doubt and regret. The findings indicated that the families faced with an organ donation request of a brain-dead loved one experienced a lasting effect long after the patient's demise regardless of their decision to donate or refusal to donate. In conclusion, this study highlights the importance of family support and follow-up in an efficient healthcare system aimed at developing trust with the families and providing comfort during and after the final decision. (shrink)

A certain familiar but “deep” joke, which might be called “The Tattletale’s Paradox,” embodies a logical confusion that figures crucially in some discussions of substantive philosophical issues. “I can’t tell you the secret,” it runs, “because if I did it wouldn’t be a secret.” It is easy enough to detect the trick involved here: to tell a secret is not to make known a piece of information that is a secret at the time that it is revealed, but rather to (...) tell a story which was a secret but ceases to be one in the telling. The air of paradox arises insofar as we confuse the two claims. (shrink)

Diachronic identity is understood as an identity holding between something existing at one time and something existing at another time. On the stage view, however, ordinary objects are instantaneous stages that do not exist at other times so diachronic identity is, at best, problematic. On account proposed here a name does not, as Sider and others suggest, denote a stage concurrent with its utterance. Rather, at any time, t, a name of an ordinary object designates a stage-at-t as its primary (...) referent and refers indeterminately over it and all and only those stages counterpart-related to it—its reference class at t. At any time, t, a at t1 is the same object as b at t2 iff for every stage x counterpart-related to a’s stage-at t and every stage y counterpart-related to b’s stage-at-t, x=y. Diachronic identity statements, therefore, assert strict identities—between concurrent stages. Ordinarily names select the same reference classes at every time so, in ordinary cases, identity statements are not ‘occasional’. In fission cases names select different reference classes at different times. Where a becomes b and c, at any pre-fission time ‘a’, ‘b’, and ‘c’ have same the primary referent and so select the same reference class—therefore, before fission b is the same object as c. At any post-fission time ‘b’ and ‘c’ select different reference classes—so after fission b is not the same object as c. Identity is not occasional but, in extraordinary cases, identity statements are—because reference is. (shrink)

Critics suggest that without some "objective" account of well-being we cannot explain why satisfying some preferences is, as we believe, better than satisfying others, why satisfying some preferences may leave us on net worse off or why, in a range of cases, we should reject life-adjustment in favor of life-improvement. I defend a subjective welfarist understanding of well-being against such objections by reconstructing the Amartya Sen's capability approach as a preferentist account of well-being. According to the proposed account preference satisfaction (...) alone—possible as well as actual—is of value. States of affairs contribute to well-being because and to the extent that they satisfy actual or nearby possible preferences, and are fruitful, that is, compatible with a range states that satisfy further actual or nearby possible preferences. The proposed account solves the problem of adaptive preference. Individuals whose preferences are "deformed" are satisfied with fruitless states of affairs, which constrain their options so that they are incapable of satisfying a wide range of nearby possible preferences—preferences they "could easily have had." Recognizing the value of capabilities as well as actual attainments allows us to explain why individuals who satisfy "deformed" or perverse preferences may not on net benefit from doing so. More fundamentally, it explains why some states are, as Sen suggests, bad, awful or gruesome while others are good, excellent or superb without appeal to any objective account of value. (shrink)