This is a critical discussion of Vihvelin’s recent book Causes, Laws, and Free Will. I discuss Vihvelin’s ideas on Frankfurt-style cases and the actual-sequence view of freedom that is inspired by them.

With the advent of synthetic biology, scientists are increasingly relying on digital sequence information, instead of physical genetic resources. This article examines the potential impact of this shift on the access and benefit-sharing (ABS) regime of the Convention on Biological Diversity (CBD) and the Nagoya Protocol. These treaties require benefit-sharing with the owners of genetic resources. However, whether “genetic resources” include digital sequence information is unsettled. The CBD conceives genetic resources as genetic material containing functional units of heredity. “Material” implies (...) tangibility, and for some scholars, “functional units of heredity,” undefined in both treaties, mean full-coding sequences. This article argues that digital sequence information obtained from physical genetic resources, full-coding or not, should be treated as genetic resources. Literal construction of the CBD risks eroding its usefulness and the ABS regime. This is because through bioinformatics, sequence information can easily be obtained from genetic resources for utilization, without physically moving them or concluding ABS agreement with owners. The CBD must evolve with scientific progress also because sequence functionality depends on the state of knowledge. These arguments are vindicated by domestic ABS laws equating genetic information with genetic resources; Nagoya Protocol provisions deeming research exploiting the genetic composition of genetic resources as utilization of genetic resources; and CBD provisions requiring the sharing of benefits from the utilization of genetic resources. Moreover, treaty interpretation and case law demand that generic, scientific terms, such as “genetic resources” and “functional units of heredity” be interpreted in an evolutionary manner to capture scientific developments. (shrink)

This paper examines three possible justifications for original ACMG recommendations to return incidental findings from whole exome or genome sequencing independent of patient preferences. The first two potential justifications, based on a patient's authentic values, then on harms to others, are founding lacking as a basis of justification for these recommendations. The third, grounded in analogous professional practices, might serve as a potential justification if several controversies can be avoided. However, given the nature of these controversies and the need to (...) instill public trust in this newly emerging science, the paper finds that updated ACMG recommendations that recognize opt-out rights on behalf of patients is the most prudent, and justifiable, approach. (shrink)

Beliefs like the Gambler's Fallacy and the Hot Hand have interested cognitive scientists, economists, and philosophers for centuries. We propose that these judgment patterns arise from the observer's mental models of the sequence-generating mechanism, moderated by the strength of belief in an a priori base rate. In six behavioral experiments, participants observed one of three mechanisms generating sequences of eight binary events: a random mechanical device, an intentional goal-directed actor, and a financial market. We systematically manipulated participants’ beliefs about (...) the base rate probabilities at which different outcomes were generated by each mechanism. Participants judged 18 sequences of outcomes produced by a mechanism with either an unknown base rate, a specified distribution of three equiprobable base rates, or a precise, fixed base rate. Six target sequences ended in streaks of between two and seven identical outcomes. The most common predictions for subsequent events were best described as pragmatic belief updating, expressed as an increasingly strong expectation that a streak of identical signals would repeat as the length of that streak increased. The exception to this pattern was for sequences generated by a random mechanical device with a fixed base rate of.50. Under this specific condition, participants exhibited a bias toward reversal of streaks, and this bias was larger when participants were asked to make a dichotomous choice versus a numerical probability rating. We review alternate accounts for the anomalous judgments of sequences and conclude with our favored interpretation that is based on Rabin's version of Tversky & Kahneman's Law of Small Numbers. (shrink)

Forensic genomics now enables law enforcement agencies to undertake rapid and detailed analysis of suspect samples using a technique known as massively parallel sequencing (MPS), including information such as physical traits, biological ancestry, and medical conditions. This article discusses the implications of MPS and provides ethical analysis, drawing on the concept of joint rights applicable to genomic data, and the concept of collective moral responsibility (understood as joint moral responsibility) that are applicable to law enforcement investigations that utilize genomic data. (...) The widespread and unconstrained use of this technology without appropriate legal protections of individual moral rights and associated accountability mechanisms, could potentially not only involve violations of individual moral rights but also lead to an unacceptable shift in the balance of power between governments and the citizenry. We argue that in light of the rights of victims and the security benefits for society, there is a collective moral responsibility for individuals to submit their DNA to law enforcement and for MPS to be used where other, less invasive techniques are not effective. However, this application should be limited by legislation, including that any data obtained should be directly relevant to the investigation and should be destroyed at the conclusion of the investigation. (shrink)

As of the end of October 2020, the cumulative number of confirmed cases of COVID-19 has exceeded 45 million and the cumulative number of deaths has exceeded 1.1 million all over the world. Faced with the fatal pandemic, countries around the world have taken various prevention and control measures. One of the important issues in epidemic prevention and control is the assessment of the prevention and control effectiveness. Changes in the time series of daily new confirmed cases can reflect the (...) impact of policies in certain regions. In this paper, a smooth transition autoregressive model is applied to investigate the intrinsic changes during the epidemic in certain countries and regions. In order to quantitatively evaluate the influence of the epidemic control measures, the sequence is fitted to the STAR model; then, comparisons between the dates of transition points and those of releasing certain policies are applied. Our model well fits the data. Moreover, the nonlinear smooth function within the STAR model reveals that the implementation of prevention and control policies is effective in some regions with different speeds. However, the ineffectiveness is also revealed and the threat of a second wave had already emerged. (shrink)

Sequence on modern ontology -- From theology to philosophy -- The four pillars of modern philosophy -- Modern philosophy : a theological critique -- Analogy versus univocity -- Identity versus representation -- Intentionality and embodiment -- Intentionality and selfhood -- Reason and the incarnation of the logos -- The passivity of modern reason -- The baroque simulation of cosmic order -- Deconstructed representation and beyond -- Passivity and concursus -- Representation in philosophy -- Actualism versus possibilism -- Influence versus concurrence (...) -- Transition -- Sequence on political ontology -- Cosmos, law and morality -- Metaphysics and modern politics -- The fate of the rational animal -- The irony of representation -- On legal concurrence -- The fate of the social animal -- Representation and mixed government -- Bureaucracy and the formal distinction -- Form, matter and contract -- The antiquity of historicism -- The sovereignty of the artist -- Eucharistic creativity and political power -- The conundrum of kingship -- The truth of political fiction -- The two rival constructions -- Creativity and mixed constitution -- Christological constitutionalism -- The fate of the fabricating animal -- The fate of the beast-angel -- The death of charity -- Augustine's three cities -- Church as cosmopolis -- Aquinas and kingship -- The theology of ruling -- The ecumenico-political problem -- Supernatural charity and global order -- Socialism beyond the left -- Critique of all materialisms. (shrink)

Fractal structure is a ubiquitous property found in nature and biology, and has been observed in processes at different levels of organization, including rhythmic behavior and musical structure. A temporal process is characterized as fractal when serial long-term correlations and statistical self-similarity (scaling) are present. Previous studies of sensorimotor synchronization using isochronous (non-fractal) stimuli show that participants' errors exhibit persistent structure (positive long-term correlations), while their inter-tap intervals (ITIs) exhibit anti-persistent structure (negative long-term correlations). Auditory-motor synchronization has not been investigated (...) with anti-persistent stimuli. In the current study, we systematically investigated whether the fractal structure of auditory rhythms was reflected in the responses of participants who were asked to coordinate their taps with each event. We asked musicians and non-musicians to tap with 12 different rhythms that ranged from anti-persistent to persistent. The scaling exponents of the ITIs were strongly correlated with the scaling exponents of the stimuli, showing that the long-term structure of the participants' taps scaled with the long-term structure of the stimuli. Surprisingly, the performance of the musicians was not significantly better than that of the non-musicians. Our results imply that humans are able to readily adapt (rather than simply react) to the overall statistical structure of temporally fluctuating stimuli, regardless of musical skill. (shrink)

Metaphysicians play an important role in our understanding of the universe. In recent years, physicists have focussed on finding accurate mathematical formalisms of the evolution of our physical system - if a metaphysician can uncover the metaphysical underpinnings of these formalisms; that is, why these formalisms seem to consistently map the universe, then our understanding of the world and the things in it is greatly enhanced. Science, then, plays a very important role in our project, as the best scientific formalisms (...) provide us with what we, as metaphysicians, should be trying to interpret. In this thesis I examine existing metaphysical views of what a law is (both from a conceptual and from a metaphysical perspective), to show how closely causation is linked to laws, and to provide a priori arguments for and against each of these positions. Ultimately, I aim to provide an analysis of a number of metaphysics of natural laws and causation, apply these accounts to our best scientific theories, and see how these metaphysics fit in with our concepts of cause and law. Although I do not attempt a definitive metaphysical account myself, I conclude that any successful metaphysic will be a broadly Humean one, and furthermore that given the concepts of cause and law that shall be agreed upon, Humean theories allow for there to be causal sequences and laws (in line with our concepts) in the world. (shrink)

The Dialectical Forge identifies dialectical disputation as a primary formative dynamic in the evolution of pre-modern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies. The author introduces and develops a dialectics-based analytical method for the study of pre-modern Islamic legal argumentation, examines parallels and divergences between Aristotelian dialectic and early juridical jadal-theory, and proposes a multi-component paradigm—the Dialectical Forge Model—to account for the power of jadal in shaping Islamic (...) law and legal theory.In addition to overviews of current evolutionary narratives for Islamic legal theory and dialectic, and expositions on key texts, this work shines an analytical light upon the considerably sophisticated “proto-system” of juridical dialectical teaching and practice evident in Islam’s second century, several generations before the first “full-system” treatises of legal and dialectical theory were composed. This proto-system is revealed from analyses of dialectical sequences in the 2nd/8th century Kitāb Ikhtilāf al-ʿIrāqiyyīn / ʿIrāqiyyayn through a lens molded from 5th/11th century jadal-theory treatises. Specific features thus uncovered inform the elaboration of a Dialectical Forge Model, whose more general components and functions are explored in closing chapters. (shrink)

Laws through which we explain particular events need not be laws which describe uniform sequences of events; they may be laws stating uniform connections between two types of factor contained within a complex event. Hempel's apparent insistence that laws state the conditions invariably accompanying a type of complex event, that the event be an instance of the laws "covering" it, results from the Humean analysis in which causation obtains between types of events and "the cause" means necessary conditions. But (...) historians often depict sufficient conditions. On the other hand, some knowledge of general laws is a presupposition of Dray's "continuous series" model of historical explanation. (shrink)

The rejection of an infinitesimal solution to the zero-fit problem by A. Elga ([2004]) does not seem to appreciate the opportunities provided by the use of internal finitely-additive probability measures. Indeed, internal laws of probability can be used to find a satisfactory infinitesimal answer to many zero-fit problems, not only to the one suggested by Elga, but also to the Markov chain (that is, discrete and memory-less) models of reality. Moreover, the generalization of likelihoods that Elga has in mind is (...) not as hopeless as it appears to be in his article. In fact, for many practically important examples, through the use of likelihoods one can succeed in circumventing the zero-fit problem. 1 The Zero-fit Problem on Infinite State Spaces 2 Elga's Critique of the Infinitesimal Approach to the Zero-fit Problem 3 Two Examples for Infinitesimal Solutions to the Zero-fit Problem 4 Mathematical Modelling in Nonstandard Universes? 5 Are Nonstandard Models Unnatural? 6 Likelihoods and Densities A Internal Probability Measures and the Loeb Measure Construction B The (Countable) Coin Tossing Sequence Revisited C Solution to the Zero-fit Problem for a Finite-state Model without Memory D An Additional Note on ‘Integrating over Densities’ E Well-defined Continuous Versions of Density Functions. (shrink)

In recent years, the genetic testing and selection of IVF embryos, known as preimplantation genetic testing (PGT), has gained much traction in clinical assisted reproduction for preventing transmission of genetic defects. However, a more recent ethically and morally controversial development in PGT is its possible use in selecting IVF embryos for optimal intelligence quotient (IQ) and other non–disease-related socially desirable traits, such as tallness, fair complexion, athletic ability, and eye and hair colour, based on polygenic risk scores (PRS), in what (...) is referred to as PGT-P. Artificial intelligence (AI) and machine learning–based analysis of big data sets collated from genome sequencing of specific human ethnic populations can be used to estimate an individual embryo’s likelihood of developing such multifactorial traits by analysing the combination of specific genetic variants within its genome. Superficially, this technique appears compliant with Islamic principles and ethics. Because there is no modification of the human genome, there is no tampering with Allah’s creation (_taghyīr khalq Allah_). Nevertheless, a more critical analysis based on the five maxims of Islamic jurisprudence (_qawa'id fiqhiyyah_) that are often utilized in discourses on Islamic bioethics, namely _qaṣd_ (intention), _yaqın̄_ (certainty), _ḍarar_ (injury), _ḍarūra_ (necessity), and _`urf_ (custom), would instead reveal some major ethical and moral flaws of this new medical technology in the selection of non–disease-related socially desirable traits, and its non-compliance with the spirit and essence of Islamic law (shariah). Muslim scholars, jurists, doctors, and biomedical scientists should debate this further and issue a fatwa on this new medical technology platform. (shrink)

The present study focused on the dynamics and factors underpinning domestic abuse survivors’ decisions to end the abusive relationship. The experiences and opinions of 12 female DA survivors and 18 support workers were examined through in-depth, one-to-one, semi-structured interviews. Hybrid thematic analysis was conducted to retrieve semantic themes and explore relationships among the themes identified and the differences in survivors’ and professionals’ narratives of the separation process. The findings highlighted that separation decisions derived from the joint action of two sets (...) of factors, the “promoters” and the “accelerators.” Whilst the “promoters” are factors leading to the separation from the abuser over time, the “accelerators” bear a stronger and more direct connection with survivors’ decision to end the abusive relationship. Despite their differences, both these factors acted as propelling forces, leading survivors to actively pursue the separation from the perpetrator. To portray the dynamic links among these factors, we propose a conceptualisation drawn from Newton’s laws of motion. Our findings also highlighted important differences in the views of survivors and support workers, as the former conceived themselves as proactive in ending the abuse, whereas the latter described the leaving process as mainly led by authorities and services supporting survivors. This study has potential implications for research, policy and clinical practice, as it suggests that far from being a linear sequence of multiple stages, leaving an abusive relationship results from a complex interplay of factors that facilitate or drastically accelerate the separation process. We argue that future research should aim at improving our current understanding of the subjective and situational factors that can act as “accelerators” or “promoters” for women’s leaving decisions. Moreover, clinicians and policymakers should invest in creating interventions that aid victims to recognise and leverage promoters and accelerators, thus increasing their readiness to end the abuse. (shrink)

Identifying the necessary and sufficient conditions for individuating and classifying diseases is a matter of great importance in the fields of law, ethics, epidemiology, and of course, medicine. In this paper, I first propose a means of achieving this goal, ensuring that no two distinct disease-types could correctly be ascribed to the same disease-token. I then posit a metaphysical ontology of diseases—that is, I give an account of what a disease is. This is essential to providing the most effective means (...) of interfering with disease processes. Following existing work in the philosophy of medicine and epidemiology (primarily Christopher Boorse; Caroline Whitbeck; Alexander Broadbent), philosophy of biology (Joseph LaPorte; D.L. Hull), conditional analyses of causation (J.L. Mackie; David Lewis), and recent literature on dispositional essentialism (Stephen Mumford and Rani Anjum; Alexander Bird), I endorse a dispositional conception of disease. Following discussion of various conceptions of disease-identity, their relations to the clinical and pathological effects of the diseases in question, and how diseases are treated, I conclude (i) that diseases should be individuated by their causes, and (ii) that diseases are causal processes best seen as simultaneously acting sequences of mutually manifesting dispositions. (shrink)

This paper takes issue with the thesis of Rashed and Auffret that the Critias that has come down to us is not a genuine dialogue of Plato. Authors do not consider the style of the Critias, which should be a factor in any complete study of authorship. It observes the widespread consensus that the style of the Timaeus and Critias are virtually inseparable. It surveys a wide range of stylistic studies that have tended to confirm this, before answering a possible (...) objection that cites the similarity of style between the genuine Laws and Philip of Opus’ Epinomis. Since the main argument used by Rashed and Auffret relies on an inconsistency between Timaeus and Critias consideration is given to the types of inconsistency found within Platonic dialogues and sequences of dialogues, particularly the hiatus-avoiding dialogues including Timaeus itself and Laws. Finally, alternative explanations of the alleged inconsistency are offered. (shrink)

The book presents Fichte’s position on free will as a form of compatibilism that has not yet been explored in the literature. Due to early rationalist convictions, Fichte is as much concerned with reconciling freedom with a logical and a theological determinism as he is with a causal determinism. He sees in Kant’s novel concept of a pure practical reason a new form of rationalism, one consisting of a system of moral rather than natural necessitating grounds. At the same time, (...) he adopts a more radically libertarian stance on free will than Kant. Every member in a sequence of free actions is a “first and absolute member” and could be other than it is given the same antecedent natural events and natural laws. The interest of Fichte as a theorist of freedom lies in how he brings together freedom and predetermination in a way that challenges our assumption about their mutual exclusivity. The book provides an overview of Fichte’s philosophical system – the so-called “Doctrine of Science” – from 1793 to 1800 with the aim of contextualizing his theory of free agency and destiny. In doing so, it sheds light on how consideration of these issues in turn shapes the system. (shrink)

The language of physics is mathematics, and physics ideas, laws and models describing phenomena are usually represented in mathematical form. Therefore, an understanding of how to navigate between phenomena and the models representing them in mathematical form is important for a physics teacher so that the teacher can make physics understandable to students. Here, the focus is on the “experimental mathematization,” how laws are established through quantifying experiments. A sequence from qualitative experiments to mathematical formulations through quantifying experiments on electric (...) current, voltage and resistance in pre-service physics teachers’ laboratory reports is examined. The way students reason and justify the mathematical formulation of the measurement results and how they combine the treatment and presentation of empirical data to their justifications is analyzed. The results show that pre-service physics teachers understand the basic idea of how quantifying experiments establish the quantities and laws but are not able to argue it in a justified manner. (shrink)

Though not as widely studied as the Research Article, the abstract has attracted increasing interest among researchers over last decades. A number of contrastive or comparative studies of abstracts in English and other languages have already been carried out considering mainly the hard sciences and some soft sciences such as linguistics and history, however no cross-cultural analyses have been conducted so far between RA abstracts in English and RA abstracts in French published in the legal field. This paper seeks to (...) investigate genre variation and changes in frame sequences comparatively in English and French RA abstracts from criminology journals. Using a genre analytical approach to qualitative and quantitative data, the paper reports on two comparable corpora, i.e. English and French, of electronically retrieved abstracts from Criminology Journals published in 2014. The two corpora are composed of three journals per language, namely Criminology, Journal of Criminal Justice, Journal of Criminal Law and Criminology for the English corpus, and Champ Pénal, Criminologie, Revue Canadienne de Droit Pénal et Criminologie for the French corpus. The analysis will be carried out following two main steps, i.e. a macro-analysis and a micro-analysis. In the former step, the corpora are compared by the analysis and discussion of the basic IMRD rhetorical move structure for the RA often proposed in the literature and the additional five moves model postulated by Dos Santos with the aim of investigating the linguistic and rhetorical variation in the abstract genre from a cross-cultural perspective. In the latter, we look at frame sequences combining forms of self-mentions and frame markers, i.e. personal patterns, impersonal patterns and locational patterns. Provisional results show that the abstracts under investigation largely follow the international conventions based on the norms established by the English-speaking international academic community. However, variation across the two cultures emerged from the linguistic realizations of framework sequences. Cross-cultural implications are discussed at the close. (shrink)

Secondary findings for adult-onset diseases in pediatric clinical sequencing can benefit parents or other family members. In the absence of data showing harm, it is ethically reasonable for parents to request such information, because in other types of medical decision-making, they are often given discretion unless their decisions clearly harm the child. Some parents might not want this information because it could distract them from focusing on the child's underlying condition that prompted sequencing. Collecting family impact data may improve future (...) policy determinations. (shrink)

In 1996, President Clinton offered a promissory vision for human genetics when he said: “I think it won't be too many years before parents will be able to go home from the hospital with their newborn babies with a genetic map in their hands that will tell them, here's what your child's future will likely be like.”The rapid evolution of genetic sequencing technologies has advanced that vision. In October 2006, the cost of sequencing an entire human genome was $10.4 million; (...) by 2014 the cost had decreased a thousand fold. The term next generation sequencing describes a variety of laboratory methods that allow efficient determination of the precise order of nucleotides in a DNA sequence. The papers in this issue of the Journal of Law, Medicine & Ethics focus on “clinical NGS,” which refers to rapid DNA sequencing using second-, third- and fourth-generation sequencing technologies to perform genome-wide sequencing of multiple genes or alleles for clinical prognostic, diagnostic, and therapeutic purposes. (shrink)

This paper will draw on Hegel’s writings in Jena from 1801 to 1804, especially the fragments for a philosophy of nature from 1803-04, to explore his sustained concern with the proper configuration of a system of nature. Hegel’s earliest treatment of nature sheds light on the role of nature in the system he published over a decade later. Moreover, the earliest system illuminates two problems posed by his later philosophy of nature-the relationship of nature and spirit, and the sequence and (...) organization of his treatment of illness and death. (shrink)

Can an AGI create a more intelligent AGI? Under idealized assumptions, for a certain theoretical type of intelligence, our answer is: “Not without outside help”. This is a paper on the mathematical structure of AGI populations when parent AGIs create child AGIs. We argue that such populations satisfy a certain biological law. Motivated by observations of sexual reproduction in seemingly-asexual species, the Knight-Darwin Law states that it is impossible for one organism to asexually produce another, which asexually produces another, and (...) so on forever: that any sequence of organisms (each one a child of the previous) must contain occasional multi-parent organisms, or must terminate. By proving that a certain measure (arguably an intelligence measure) decreases when an idealized parent AGI single-handedly creates a child AGI, we argue that a similar Law holds for AGIs. (shrink)

Essential for the concept of the law of nature is not only spatio-temporal universality, but also functionality in the sense of the dependency on physical conditions of natural entities. In the following it is explained in detail that just the neglect of this functional property is to be understood as the real reason for the occurrence of the Goodman paradox – with the consequence, that the behavior of things seems to be completely at the mercy of change of unique unrepeatable (...) temporal points. It is exactly this (mis-)understanding that also generated the induction problem. From the intrinsic connection between universality and functionality, however, – that is my claim – the ontological consequence of a nature results, for which lawfulness is coupled to essentially functionally defined time sequences, thereby implying a potentiality dimension of nature, too. (shrink)

During the current financial crisis, the need for an alternative to a laissez-faire ethics of capitalism (the Milton Friedman view) becomes clear. I argue that we need an order ethics which employs economics as a key theoretical resource and which focuses on institutions for implementing moral norms. -/- I will point to some aspects of order ethics which highlight the importance of rules, e.g. global rules for the financial markets. In this regard, order ethics (“Ordnungsethik”) is the complement of the (...) German conception of “Ordnungspolitik” which also stresses the importance of a regulatory framework. This framework is needed not to tame the market, but to make it more profitable in the long run. -/- The conception of order ethics relies heavily on contractarianism, especially on James Buchanan’s work. Unlike many other conceptions of ethics, it does not start with an aim to achieve, but rather with an account of what the social world – in which ethical norms have to be implemented – is like. Our social world is different from the pre-modern one. Pre-modern societies played zero-sum games in which people could only gain significantly at the expense of others. And the types of ethics that we are still used to today have been developed within these pre-modern societies. -/- Modern societies, by contrast, can be characterised – by economists and other social theorists alike – as societies with continuous growth. This growth has only been made possible by the modern competitive market economy which enables everyone to pursue his own interests within a carefully devised institutional system. In this system, positive sum games are played, which makes it in principle possible to improve the position of every individual at the same time. Most kinds of ethics, however, resulting from the conditions of pre-modern societies, ignore the possibility of win-win-situations and instead require us to be moderate, to share, to sacrifice, as this would have been functional in zero-sum games. These conceptions distinguish – in more or less strict ways – between self-interest and altruistic motivation. Self-interest, more often than not, is ultimately seen as something evil. -/- Such an ethics cannot be functional in modern societies. Ethical concepts lag behind. Within zero-sum games, it was necessary to call for temperance, for moderate profits, or for a condemnation of lending money at interest. Within positive-sum games, however, the morally desired result of a social process cannot be brought about by changes in motivation, by switching from ‘egoistic’ to ‘altruistic’ motivation. The second theoretical element introduced by order ethics is the distinction between actions and rules, which was already mentioned. Traditional ethics concerns actions: It calls directly for changes in behaviour. This is a consequence of pre-modern conditions as reconstructed before: People in the pre-modern world were only able to control their actions, not so much however the conditions of their actions. In particular, rules like laws, constitutions, social structures, the market order, and also ethical norms have remained stable for centuries. In modern societies, this situation has changed entirely. The rules governing our actions have increasingly come under our control. -/- In this situation, ethics has to focus on rules. Morality must be incorporated in incentive-compatible rules. Direct calls for changes in behaviour without changes in the rules lead only to an erosion of compliance with moral norms. Individuals that continue to behave ‘morally’ will be singled out, because the incentives have not been changed. Moral norms which are to be justified cannot require people to abstain from pursuing their own advantage. People abstain from taking ‘immoral’ advantages only if adherence to ethical norms yields greater benefits over the planned sequence of actions than defection in the single case. Thus ‘abstaining’ is not abstaining in the long run, it is rather an investment in expectations of long-term benefits. By adhering to ethical norms, I become a reliable partner for interactions. The norms do indeed constrain my actions, but they simultaneously expand my options in interactions. And people consent to rules only if these rules hold greater advantages for them, at least in the long run. -/- In general, ethics cannot require people to abandon their individual calculation of advantages. However, it may suggest improving one’s calculation, by calculating in the long run rather than in the short run, and by taking into account the interests of our fellows, as we depend on their acceptance for reaching an optimal level of well-being, especially in a globalized world full of interdependence. -/- The problem of implementation can now be placed at the beginning of a conception of order ethics, justified with reference to the conditions of modern societies I have sketched. Under the conditions of pre-modern societies, an ethics of temperance had evolved that posed simultaneously the problems of implementation and justification. The implementation of well-justified norms or standards could then be regarded as unproblematic, because the social structures allowed for a direct face-to-face enforcement of norms. Pre-modern societies not only favored an ethics of temperance, they also had the instrument of face-to-face-sanctions within their smaller and non-anonymous communities. This instrument is no longer functional in modern anonymous societies, and so we have to face up to the problem of implementation right at the start of our ethical conception. Simultaneously, an order ethics relies on the implementation of sanctions for enforcing incentive-compatible rules. In modern societies, rules and institutions, to a large extent, must fulfil the tasks that were, in pre-modern times, fulfilled by moral norms, which in turn were sanctioned by face-to-face sanctions. Norm implementation in modern societies thus works by setting adequate incentives in order to prevent the erosion of moral norms, which would happen if ‘moral’ actors were systematically threatened with exploitation by other, less ‘moral’ actors. -/- This conception of order ethics is then elaborated further in the area of business ethics. -/- . (shrink)

This volume brings together the most important writing on torture and the 'war on terror by one of the leading US voices in the torture debate. Philosopher and legal ethicist David Luban reflects on this contentious topic in a powerful sequence of essays including two new and previously unpublished pieces. He analyzes the trade-offs between security and human rights, as well as the connection between torture, humiliation, and human dignity, the fallacy of using ticking bomb scenarios in debates about torture, (...) and the ethics of government lawyers. The book develops an illuminating and novel conception of torture as the use of pain and suffering to communicate absolute dominance over the victim. Factually stimulating and legally informed, this volume provides the clearest analysis to date of the torture debate. It brings the story up to date by discussing the Obama administration's failure to hold torturers accountable. (shrink)

We introduce a new framework for asymptotic probabilities of sentences, in which we have a σ-additive measure on the sample space of all sequences A = {A n } of finite models, where the universe of A n is {1,2... n}, and use this framework to strengthen 0-1 laws for logics.

The dynamics of neural populations capture the laws of the mindThis paper focuses on the level of neural networks. Examining the case of recurrent neural networks, the paper argues that the dynamics of neural populations form a privileged level of explanation in cognitive science. According to Schöner, this level is privileged, because it enables cognitive scientists to discover the laws governing organisms’ cognition and behaviour.

Identifying the necessary and sufficient conditions for individuating and classifying diseases is a matter of great importance in the fields of law, ethics, epidemiology, and of course medicine. In this paper I first propose a means of achieving this goal, ensuring that no two distinct disease-types could correctly be ascribed to the same disease-token. I then posit a metaphysical ontology of diseases - that is, I give an account of what a disease is. This is essential to providing the most (...) effective means of interfering with disease processes. Following existing work in the philosophy of medicine and epidemiology, philosophy of biology, conditional analyses of causation, and recent literature on dispositional essentialism, I endorse a dispositional conception of disease whereby diseases are individuated by their causes, and diseases are causal processes best seen as simultaneously acting sequences of mutually manifesting dispositions - this, I claim, follows from the assumption that diseases should be classified by consideration of both their clinical and pathological effects, and importantly, events that can lead to the cessation of these symptoms. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

The present paper is intended to be a practical guide for teachers who need to run writing for law classes for pre-experienced law students with no or little experience of academic or legal writing. It provides the teachers with advice on how to teach students to draft modern documents by sequencing and selecting the content that reflects the needs of practising lawyers. It shows how legal writing stems from academic and general writing. Overlapping or common elements of academic and legal (...) writing are identified and sequenced in order to create an introductory base for writing for legal purposes. Types of texts that lawyers draft have been selected and used as the scaffold- ing for writing tasks specially designed to suit the students’ proficiency and expertise. (shrink)

Whether, and to what degree, do patents granted on human genes cast a shadow of uncertainty over genomics and its applications? Will owners of patents on individual genes or clusters of genes sue those performing whole-genome analyses on human samples for patent infringement? These are related questions that have haunted molecular diagnostics companies and services, coloring scientific, clinical, and business decisions. Can the profusion of whole-genome analysis methods proceed without fear of patent infringement liability?Whole-genome sequencing is proceeding apace. Academic centers (...) have been performing whole-genome and -exome sequencing in research for at least five years, and academic clinical laboratories with national reach have been doing sequencing for clinical applications for almost as long. Companies have also been offering WGS and WES as a clinical service for a few years now. So far as we know, no one has been sued for infringement of “gene patents” for performing WGS. (shrink)

This edited book focuses on non-classical logics and their applications, highlighting the rapid advances and the new perspectives that are emerging in this area. Non-classical logics are logical formalisms that violate or go beyond classical logic laws, and their specific features make them particularly suited to describing and reason about aspects of social interaction. The richness and diversity of non-classical logics mean that this area is a natural catalyst for ideas and insights from many different fields, from information theory to (...) game theory and business science. This volume is the post-proceedings of the 8th International Conference on Logic and Cognition, held at Sun Yat-Sen University Institute of Logic and Cognition in Guangzhou, China in December 2016. The conference series started in 2001, and is organized by the ILC, often in collaboration with various international research groups. This eighth installment was jointly organized by ILC and Alessandra Palmigiano's Applied Logic research group. The conference series aims to foster the development of effective logical tools to study social behavior from a philosophical, cognitive and formal perspective in order to challenge the field of logic in ways that open up new and exciting research directions. Chapter "The Category of Node-and-Choice Forms, with Subcategories for Choice-Sequence Forms and Choice-Set Forms" of this book is available open access under a CC BY 4.0 license at link.springer.com. (shrink)

Human genomics is a translational field spanning research, clinical care, public health, and direct-to-consumer testing. However, law differs across these domains on issues including liability, consent, promoting quality of analysis and interpretation, and safeguarding privacy. Genomic activities crossing domains can thus encounter confusion and conflicts among these approaches. This paper suggests how to resolve these conflicts while protecting the rights and interests of individuals sequenced. Translational genomics requires this more translational approach to law.

New technologies create new complexities. Since non-invasive prenatal tests (NIPTs) were first introduced, keeping pace with complexity constitutes an ongoing task for medical societies, politics, and practice. NIPTs analyse the chromosomes of the fetus from a small blood sample. Initially, NIPTs were targeted at detecting trisomy 21 (Down syndrome): meanwhile there are sequencing techniques capable of analysing the entire genome of the unborn child. These yield findings of unclear relevance for the child’s future life, resulting in new responsibility structures and (...) dilemmas for the parents-to-be.The industry’s marketing strategies overemphasize the benefits of the tests while disregarding their consequences. This paper chooses the opposite path: starting with the underestimated consequences, it focuses on adverse developments and downsides. Disparities, paradoxes, and risks associated with NIPTs are illustrated, ethical conflicts described. Indications that new technologies developed to solve problems create new ones are examined. In the sense of critical thinking, seemingly robust knowledge is scrutinized for uncertainties and ambiguities. It analyses how the interplay between genetic knowledge and social discourse results in new dimensions of responsibility not only for parents-to-be, but also for decision-makers, authorities, and professional societies, illustrated by a review of different national policies and implementation programmes. As shown by the new NIPT policy in Norway, the consequences can be startling. Finally, a lawsuit in the United States illustrates how an agency can risk forfeiting its legitimation in connection with the inaccuracy of NIPTs. (shrink)

The article examines the controversy between the “orthodox” Indian philosophical school Vaiśeṣika and one of the greatest Buddhist philosophers - Vasubandhu on the existence of subject as a reality. The discussion is investigated on the example of the text “Pudgalaviniścaya”. PV of Vasubandhu - literally “Study on the Self”, or “pudgala” - is traditionally considered the 9th chapter of “Abhidharmakośabhaṣya” of the same author and is one of the most important polemical treatises on the self, or ātman, in Buddhist philosophy. (...) Among the issues discussed are the famous “epistemological argument”, the ability of recall and perception, how a difference between moments of consciousness is possible, whether the substrate for consciousness is necessary. One of the strategies of Vasubandhu is that he tries to find internal contradictions in the arguments of opponents. We can say that the main argument of Vasubandhu is aimed at justifying the mechanism of the cause-and-effect occurrence of all phenomena. If the Vaiśeṣikas proceed from their logic about the need for a substance for qualities, then Vasubandhu tries to persuade them to his side and offer a fundamentally new explanatory model, according to which there are only sequence-like moments-phenomena that flow from each other according to the law of cause and effect. (shrink)

In 2006, acclaimed Italian film director Nanni Moretti released Il caimano [“the Caiman”], a surreal depiction of Silvio Berlusconi’s career as controversial businessman and politician. In one of the last sequences, an indicted Berlusconi leaves the courthouse of Milan, while his supporters besiege its premises and set them on fire. Admired for his capacity of prophetically foreseeing the developments of Italian society, Nanni Moretti’s apocalyptic vision was confirmed by reality on March 11, 2013, when a group of deputes and (...) senators from PDL, Silvio Berlusconi’s political party, ‘besieged’ the courthouse of Milan in order to interfere with the new trials the political leader was involved in: an affair of prostitution of minors, known as “the Ruby case”, and the alleged corruption of a senator. Since when Silvio Berlusconi has been the center of the Italian both political and juridical arena, and with the increasing representation of his trials in Italian and international media, the courthouses of such trials, and particularly that of Milan, have turned more and more into the theater of a socio-political showdown, in which what matters though is not only what takes place in the Court, but also, and perhaps even more, what happens in the area surrounding its premises. Here pro- and -anti Berlusconi partisans have gathered daily in order to manifest their stand to both the citizenry and the media; here media professionals have been stationed 24/7, waiting for the next scandal; and here a dramatic battle line between the political power and the juridical one inexorably materializes with all the violent evidence of its proxemics. The essay analyzes through semiotics a series of verbal and especially visual texts representing the courthouses of Silvio Berlusconi’s trials, with the goal of understanding what this imagery reveals of the current trends of Italian socio-political and juridical arena. More broadly, the essay compares this case study with other instances of courthouses besieged by crowds, so as to semiotically seize the delicate equilibrium of the judiciary proxemics between totalitarian and populist ideologies of law. (shrink)

The object of the study is clothing as a sociocultural phenomenon, a product of material and spiritual cultures. The evolution of clothing is closely related to sociocultural changes in society. The subject of the study is the transformation of clothing in China under the influence of political, economic, social, and aesthetic factors after the beginning of Chinese economic reform and opening up policy. The significant changes have taken place in Chinese clothing, the main of which was the transition from a (...) uniform style of clothing for the whole country to a variety of fashion and styles, as well as the revival of traditional clothing. The transformation in the style and production cycle of clothing in China is based on objective (technology development, market laws, global fashion trends) and subjective reasons (psychology, personal preferences and aesthetic tastes of consumers). There is always a concept behind the behavior in clothes, and the desire for beauty is the main driving force behind the development of clothing. The social psychology of imitation and difference contributes to the spread of fashion trends in clothing. The author's special contribution to the topic is a detailed examination of the impact on the transformation of clothing of political, economic, sociocultural, aesthetic factors, as well as cultural exchanges and folk traditions. The author traces the sequence of fashion trends in China in recent decades. Сontemporary changes in Chinese clothing culture are not limited to simply borrowing Western trends, but are accompanied by the emergence of postmodern ideas and the promotion of the globalization process, which leads not only to the technological and design enrichment of clothing characteristics in China, but also to the growth of cultural awareness and the revivalization of traditional and local cultures. (shrink)

The article examines how the rules on formation of contract and on mistake, contained in the various transnational model rules that have been published over the past two decades, have taken shape. The approach adopted here is based on an analysis of the ‘textual stratification’ of European private law. The relevant instruments (Convention on Contracts for the International Sale of Goods, Principles of European Contract Law, UNIDROIT Principles of International Commercial Contracts, Draft Common Frame of Reference, Principes contractuels communs) are (...) analysed and compared in their historical sequence. To what extent and why have the texts been transformed in the process? The article demonstrates that there is a very considerable common ground reflecting the state of the art of comparative research in these fields over the past hundred years. It also highlights issues on which consensus must still be reached and it suggests patterns towards reaching such consensus. It is argued that the Principles of European Contract Law, rather than the Draft Common Frame of Reference, should provide the point of departure for future discussions. The scene for the article is set by a critical examination of the concepts of contract and legal act, as used in the Draft Common Frame of Reference. (shrink)

The gray prediction model, based on the GM method, is an important branch of gray theory with the most active research and the most fruitful results, and it is the most widely used because of its small sample size, simple modeling process, and easy to use. Such advantages have been successfully applied in many fields such as transportation, agriculture, energy, medicine, and environment and have been gradually developed into a mainstream predictive modeling method. This study combines the Three-parameter Whitenization Grey (...) Model ), which fits the inhomogeneous exponential law sequence, and the Particle Swarm Algorithm to optimize the order and background value coefficients under the condition of the minimum sum of squares of simulation errors, and hence, to solve the problem that the cumulative order is fixed to “1” and the background value coefficient value is fixed to “0.5.” As a result, a parameter-optimized gray system model with flexibility, adaptability, and dynamic adjustment is designed to simulate and predict China’s higher education gross enrollment rate. The application shows that the model has better overall simulation and prediction performance than others. On the one hand, the parametric optimization model significantly improves its own performance, and on the other hand, its intelligent and adjustable adaptivity improves the accuracy and further extends its application. (shrink)

a This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.a (TM) These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. (...) In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the booka (TM)s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (a defeasiblea (TM)) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail. (shrink)

Following the manuscript's discovery in 1864, scholars have widely assumed that De Jure Praedae (Commentary on the Law of Prize and Booty) was written by the Dutch lawyer Hugo Grotius (1583–1645) in the period 1604–1606. Yet the conventional dating fails to consider the materiality of Ms. BPL 917 in Leiden University Library. By analyzing paper supplies, this article throws new light on the date and manner of the manuscript's composition. The watermarks in the paper, the quire divisions and foliation are (...) considered in combination with relevant textual evidence, such as manuscript references to historical events and any allusions to Ms. BPL 917 in Grotius’ letters and other archival sources. This approach has yielded unforeseen results. Yes, Grotius wrote out the original text in 1604/05, as a fair copy of a previously existing work. Yet he did not stop there. Entire folio-pages were crossed out in Ms. BPL 917 and new ones inserted in the following sequence: - in, or shortly before, January 1607, Grotius deleted f. 63v and 67r and inserted f. 64–66 - between January 1607 and Nov–Dec. 1608, he deleted f. 7v, 19r, 38v, and 43r-v and inserted f. 8–9, 18, and 39–42 - in November–December 1608, he deleted f. 119r–122r and inserted f. 117–118. These revisions were a direct response to the challenges faced by the Dutch East India Company (VOC) in this period. Its growing empire in Southeast Asia was under threat from the peace and truce negotiations between the States General and Philip III of Spain and Portugal. Grotius’ revisions of Ms. BPL 917, along with chapter twelve's appearance as Mare Liberum in April 1609, justified the continuation of Dutch empire-building in the East Indies, the Twelve Years’ Truce (1609–1621) notwithstanding. Grotius’ rights and contract theories made it perfectly acceptable to conclude a peace or truce in (Western) Europe, yet persist in colonial warfare beyond the Line (i.e. the Tropic of Cancer). In this respect – the (implicit) differentiation between ‘the West and the rest’ in international relations – Grotius’ legacy is still with us today. (shrink)

Much forensic inference based upon DNA evidence is made assuming Hardy-Weinberg Equilibrium (HWE) for the genetic loci being used. Several statistical tests to detect and measure deviation from HWE have been devised, and their limitations become more obvious when testing for deviation within multiallelic DNA loci. The most popular methods-Chi-square and Likelihood-ratio tests-are based on asymptotic results and cannot guarantee a good performance in the presence of low frequency genotypes. Since the parameter space dimension increases at a quadratic rate on (...) the number of alleles, some authors suggest applying sequential methods, where the multiallelic case is reformulated as a sequence of “biallelic” tests. However, in this approach it is not obvious how to assess the general evidence of the original hypothesis; nor is it clear how to establish the significance level for its acceptance/rejection. In this work, we introduce a straightforward method for the multiallelic HWE test, which overcomes the aforementioned issues of sequential methods. The core theory for the proposed method is given by the Full Bayesian Significance Test (FBST), an intuitive Bayesian approach which does not assign positive probabilities to zero measure sets when testing sharp hypotheses. We compare FBST performance to Chi-square, Likelihood-ratio and Markov chain tests, in three numerical experiments. The results suggest that FBST is a robust and high performance method for the HWE test, even in the presence of several alleles and small sample sizes. (shrink)

Following the manuscript's discovery in 1864, scholars have widely assumed that De Jure Praedae (Commentary on the Law of Prize and Booty) was written by the Dutch lawyer Hugo Grotius (1583–1645) in the period 1604–1606. Yet the conventional dating fails to consider the materiality of Ms. BPL 917 in Leiden University Library. By analyzing paper supplies, this article throws new light on the date and manner of the manuscript's composition. The watermarks in the paper, the quire divisions and foliation are (...) considered in combination with relevant textual evidence, such as manuscript references to historical events and any allusions to Ms. BPL 917 in Grotius’ letters and other archival sources. This approach has yielded unforeseen results. Yes, Grotius wrote out the original text in 1604/05, as a fair copy of a previously existing work. Yet he did not stop there. Entire folio-pages were crossed out in Ms. BPL 917 and new ones inserted in the following sequence: - in, or shortly before, January 1607, Grotius deleted f. 63v and 67r and inserted f. 64–66 - between January 1607 and Nov–Dec. 1608, he deleted f. 7v, 19r, 38v, and 43r-v and inserted f. 8–9, 18, and 39–42 - in November–December 1608, he deleted f. 119r–122r and inserted f. 117–118. These revisions were a direct response to the challenges faced by the Dutch East India Company (VOC) in this period. Its growing empire in Southeast Asia was under threat from the peace and truce negotiations between the States General and Philip III of Spain and Portugal. Grotius’ revisions of Ms. BPL 917, along with chapter twelve's appearance as Mare Liberum in April 1609, justified the continuation of Dutch empire-building in the East Indies, the Twelve Years’ Truce (1609–1621) notwithstanding. Grotius’ rights and contract theories made it perfectly acceptable to conclude a peace or truce in (Western) Europe, yet persist in colonial warfare beyond the Line (i.e. the Tropic of Cancer). In this respect – the (implicit) differentiation between ‘the West and the rest’ in international relations – Grotius’ legacy is still with us today. (shrink)

SummaryThis paper studies some classic cases of the fallacy of begging the question based on appeals to testimony containing circular reasoning. For example, suppose agents a, b and c vouch for d’s credentials, and agents b, d, and e vouch for a’s credentials. Such a sequence of reasoning is circular because a is offering testimony for d but d is offering testimony for a. The paper formulates and evaluates restrictions on the use of testimonial evidence that might be used to (...) deal with such problematic arguments. One is called the Non-repeater Rule: in an extended sequence of argumentation based on testimony, once a source x has been appealed to at any given point in the sequence, that same source x must never be appealed to again at any next point in the same sequence. (shrink)

Any study of the 'Scientific Revolution' and particularly Descartes' role in the debates surrounding the conception of nature (atoms and the void v. plenum theory, the role of mathematics and experiment in natural knowledge, the status and derivation of the laws of nature, the eternality and necessity of eternal truths, etc.) should be placed in the philosophical, scientific, theological, and sociological context of its time. Seventeenth-century debates concerning the nature of the eternal truths such as '2 + 2 = 4' (...) or the law of inertia turn on the question of whether these truths were created along with nature, or were uncreated and subsisting in God's mind. One's answer to that question has direct consequences for conceptions of the necessity/contingency of mathematical and natural knowledge, how knowledge of such truths is accomplished by humans, and what grounds these truths. In this paper, I review the positions of four successors to Descartes' philosophy on the question of the eternal truths to illustrate how in specific ways that question with its theological, metaphysical, modal, and epistemological dimensions concerned the objectivity and certainty of the discoveries of the new science. Author Recommends: Clarke, Desmond. Descartes' Philosophy of Science . University Park, Penn State Press, 1982. This work provides an account of Descartes as a practicing scientist whose rationalism is mitigated by reliance on experiment and experience. Author re-examines Descartes' philosophical and scientific works in this new light. Dear, Peter. Revolutionizing the Sciences: European Knowledge and its Ambitions, 1500–1700 . Princeton, Princeton University Press, 2001. This work provides a useful overview of the issues and thinkers of the Scientific Revolution. Of particular relevance is chapter 8 on Cartesian and Newtonian science. Funkenstein, Amos. Theology and the Scientific Imagination from the Middle Ages to the Seventeenth Century . Princeton, Princeton University Press, 1986. This work is an advanced study of the theological and metaphysical foundations of early modern science. Discussions include questions of God's nature, God's knowledge in relation to human knowledge, providence, the laws of nature, and the truths of mathematics. In particular, chapter 3 discusses Descartes' account of the eternal truths and divine omnipotence. Garber, Daniel. Descartes' Metaphysical Physics . Chicago, University of Chicago Press, 1992. This work examines how Descartes' metaphysical doctrines of God, soul, and body set the groundwork for his physics. It includes a study of God and the grounds for the laws of physics (chapter 9). Henry, John. The Scientific Revolution and the Origins of Modern Science . 3rd ed. New York, Palgrave, Macmillan Press, 2008. This work provides a brief, general, and informative overview of the Scientific Revolution, including the themes of method, magic, religion, and culture. Osler, Margaret J. Divine Will and the Mechanical Philosophy: Gassendi and Descartes on Contingency and Necessity in the Created World . Cambridge, Cambridge University Press, 1994. This work is an examination and comparison of the mechanical philosophies of Gassendi and Descartes. It offers in-depth discussion of the issue of voluntarism and intellectualism in the period and how that related to conceptions of laws of nature and the eternal truths. Shapin, Steven. The Scientific Revolution . Chicago, University of Chicago Press, 1996. This work provides a critical synthesis of as well as a guide to recent scholarship in the history of science for a general readership. Online Materials Dr. Robert A. Hatch's Scientific Revolution Website: http://web.clas.ufl.edu/users/rhatch/pages/03-Sci-Rev/SCI-REV-Home/ A compendium of resources for the study of Scientific Revolution. Early English Books Online: http://eebo.chadwyck.com/home Early English Books Online (EEBO) contains digital facsimile page images of virtually every work printed in England, Ireland, Scotland, Wales and British North America and works in English printed elsewhere from 1473 to 1700. Early Modern Resources: http://www.earlymodernweb.org.uk/emr/ Early Modern Resources is a gateway for all those interested in finding electronic resources relating to the early modern period in history. Gallica, the Digital Library of the Bibliothèque Nationale de France: http://gallica.bnf.fr/ An ever-growing digital library which includes numerous primary and secondary texts of relevance to Descartes and his role in Scientific Revolution. Hatfield, Gary, 'René Descartes', The Stanford Encyclopedia of Philosophy. Spring 2009 ed. Ed. Edward N. Zalta; URL: http://plato.stanford.edu/archives/spr2009/entries/descartes/ Slowik, Edward, 'Descartes' Physics', The Stanford Encyclopedia of Philosophy. Winter 2008 ed. Ed. Edward N. Zalta; URL: http://plato.stanford.edu/archives/win2008/entries/descartes-physics/ Syllabus Sample Syllabus: Cartesian Science The following is five weeks covering Cartesian Science in a course on Descartes or the Scientific Revolution, or 17th-century theories of matter, or related themes on early modern truth and method, especially on the continent. This material is best suited to a graduate level audience, but it could be modified to suit an upper-division undergraduate course, as the readings are basically primary texts whose context and background can be explained in lectures. Week 1: Cartesian Revolution in France • Scientific method • Role of mathematics and experiment • Certainty of scientific knowledge Readings: Hatfield, Gary, 'René Descartes', The Stanford Encyclopedia of Philosophy. Spring 2009 ed. Ed. Edward N. Zalta; URL: http://plato.stanford.edu/archives/spr2009/entries/descartes/ Descartes, Discourse on Method , Parts 1–3 Descartes, Meditations on First Philosophy , First Meditation. Week 2: Descartes' Scientific Treatises • Mechanization and mathematization of nature • Primary–secondary quality distinction Readings: Discourse on Method, Parts 4–6 Selections from Descartes' Scientific Essays: The World or Treatise on Light (ATXI 3–48); Treatise on Man (ATXI 119–202); Optics (ATVI 82–147). Slowik, Edward, 'Descartes' Physics', The Stanford Encyclopedia of Philosophy. Winter 2008 ed. Ed. Edward N. Zalta; URL: http://plato.stanford.edu/archives/win2008/entries/descartes-physics/ Henry, John, 'The Mechanical Philosophy,' chapter 5. The Scientific Revolution and the Origins of Modern Science . 3rd ed. Macmillan, 2008. Week 3: Descartes' Theory of Nature • Descartes' derivation of the law of conservation and the three laws of motion • God's role in the metaphysics and physics of nature Readings: Selections from Principles of Philosophy, Preface (all); Letter to Elizabeth; Part I: 1–8; Part II: 1–45, 55, 64; Part III: 1–4, 15–19, 45–47; Part IV: 187–207. John Henry, 'Religion and Science,' chapter 6. The Scientific Revolution and the Origins of Modern Science . 3rd ed. Macmillan, 2008. Week 4: Post-1650 Cartesian Science: Necessity and Contingency in Nature • Debates on God, Creation, and Causes Readings: Easton, Patricia, 'What is at Stake in the Cartesian Debates on the Eternal Truths?' Philosophy Compass 4.2 (2009): 348–62. Malebranche, Nicolas, 'Elucidation 10', from The Search after Truth (1674). Note: All selections available in Nicolas Malebranche (1992). Philosophical Selections , edited by S. Nadler, Hackett. Gottfried Leibniz (1714) Monadology . Week 5: Causes in Nature and Morals • Theodicy as an explanation of defect and evil in a lawful universe: Malebranche v. Leibniz Readings: Nicolas Malebranche, Elucidation XVI (on occasionalism), and Treatise on Nature and Grace, Discourse One, Part 1. Gottfried Leibniz (1706), Theodicy. Focus Questions Weekly questions can be used to focus the readings. This can be done in a web or e-mail discussion thread, as a weekly assignment, or for in class discussion. I require students to post a short paragraph in response to the question or some posting by a classmate on the question. Students are required to post by 10 a.m. the day before we meet for class on a course website. Week 1: According to Descartes, what role does skepticism play in scientific reasoning? Week 2: Comment on the following: 'But I am supposing this machine to be made by the hands of God, and so I think you may reasonably think it capable of a greater variety of movements than I could possibly imagine in it, and of exhibiting more artistry than I could possibly ascribe to it' [ Treatise on Man ; ATXI 120]. Week 3: What is Descartes' conception of the relation between the metaphysics and physics of nature? Week 4: Critically discuss the positions of Descartes, Malebranche, and Leibniz on what provides the foundation for the certitude of natural knowledge? Week 5: Explain why both Malebranche and Leibniz consider moral sin to be analogous to natural defect? Seminar/Project Idea Hold a debate on the question of the status of the eternal truths. The proposition will be Descartes' position: 'Eternal truths must be both created and necessary if certainty in science is to be possible'. Format: 1. At the beginning of the 5-week module, students will be assigned to one of three roles: Team A, Team B, and judge's panel. Students will be given the debate proposition, but will not be told which team will take the affirmative and which team the negative until the time of the debate. 2. Recommend a variation on the Classic Debate Format to encourage the development of argument: sequence begins with affirmative construction (8 minutes), negative construction (8 minutes), second affirmative construction (8 minutes), second negative construction (8 minutes), first negative rebuttal (4 minutes), first affirmative rebuttal (4 minutes), final negative rebuttal (4 minutes) and final affirmative rebuttal (4 minutes). 3. Judges Panel: will consist of 3–4 judges who will assess the performance of Teams A and B. Judgment should be based on the persuasiveness of the team position. 4. Debate will be held at the end of the fifth week, or semester, whichever makes most sense given the course length and structure. Acknowledgements The author gratefully acknowledges the immensely helpful comments and suggestions by the participants in her graduate seminar on the Scientific Revolution: Benjamin Chicka, Sarah Jacques-Ross, Richard Ross, Marcella Stockstill, and Zohra Wolters. (shrink)

Intellectual property in biotechnology invention provides important incentives for research and development leading to advances in genetic tests and treatments. However, there have been numerous concerns raised regarding the negative effect patents on gene sequences and their practical applications may have on clinical research and the availability of new medical tests and procedures. One concern is that licensing policies attempting to capture for the benefit of the licensor valuable rights to downstream research results and products may increase the financial (...) risks and cliniinish potential payoffs of — and therefore motivation for — performing downstream research and development. In addition, very broad patent claims allowed by the U.S. Patent and Trademark Office, the sheer growth in patents claiming genetic sequences, and threats of overlapping patents create a veritable minefield for researchers in both academia and industry. The concern is that research may be stifled because of the high cost and hassle of negotiating access. (shrink)