This article explores a unique opportunity for shaping public health law and policy to reflect a greater balance between public and private goods in two areas of primary concern to human well-being: medicine and human biosecurity. This opportunity is presented both by the rapid changes likely to occur in these areas as a result of nanotechnology and the fact that multinational corporate actors have not yet had the opportunity to use their well-honed techniques of governance influence to modify public health (...) policy and law in this area to their own narrowly focused advantage. Such a rare opportunity to rethink some fundamental assumptions about a regulatory framework for globally important health issues in advance is one reason why issues concerning nanotechnology regulation in medicine and human biosecurity should have considerable interest to health law and policy scholars. (shrink)

This paper considers how best to approach dilemmas posed to global health and biosecurity policy by increasing advances in practical applications of nanotechnology. The type of nano-technology policy dilemmas discussed include: expenditure of public funds, public-funded research priorities, public confidence in government and science and, finally, public safety. The article examines the value in this context of a legal obligation that the development of relevant public health law be calibrated against less corporate-infuenced norms issuing from bioethics and international human rights.

Thomas Alured Faunce, College of Law, Fellows Road, Acton, Canberra ACT 0200, Australian National University, Fax: 61 2 61253971, Email: Thomas.Faunce{at}anu.edu.au ' + u + '@' + d + ' '//-->This paper sets out to analyse three different academic proposals for addressing the needs of the poor in relation to new, rather than ‘essential’ medicines. It focuses particularly on research and development prize funds, a health impact fund system and a multilateral treaty on health technology cost-effectiveness (...) evaluation and competitive tender. It compares the extent to which each responds to the ‘market fundamentalist’ philosophy and begins to analyse their respective strengths and weaknesses. CiteULike Connotea Del.icio.us What's this? (shrink)

The professional regulatory system known as medical ethics has been one of the most visionary and socially valuable creations of the medical profession. Its beneficial influence has extended beyond physician/patient relations, to the shaping of many key humanistic and egalitarian features of the world’s legal and political institutions. The continued existence of medical ethics as a professionally influential normative system, however, is being challenged by international human rights. The UNESCO Universal Declaration on Bioethics and Human Rights, is likely to be (...) an important point of intersection in this process. (shrink)

Healthcare whistle blowing, despite the benefits it has brought to healthcare systems in many developed countries, remains generally regarded as a pariah activity by many of the most influential healthcare professionals and regulatory institutions. Few if any medical schools or law department health law and bioethics classes, teach whistle blowing in a formal sense. Yet without exception, public inquiries initiated by healthcare whistle blowers have validated their central allegations and demonstrated that the whistle blowers themselves were sincere in their desire (...) to implement the fundamental virtues and principles of medical ethics, bioethics and public health law. In many jurisdictions, the law, this time remarkably in advance of professional opinion, has offered legislative protection for reasonable allegations of whistleblowers made in good faith and in the public interest concerning a substantial and imminent threat to public safety. One reason for this paradoxical position, explored here, is that healthcare whistle blowing lacks a firm virtue-based theoretical bioethical and jurisprudential foundation. The hypothesis discussed is that the lack of this bioethical and jurisprudential substrate has contributed to a situation where healthcare whistle blowing suffers in terms of institutional support due to its lack of academic legitimacy. This article commences the process of redressing this imbalance by attempting to lay the theoretical foundations for healthcare whistle blowing. As a case study, this article concludes by discussing the Personal and Professional Development course at the ANU Medical School where healthcare whistle blowing is a formal part of a virtue-based curriculum that emphasises the foundational importance of conscience. Illustrative elements of that program are discussed. (shrink)

The United Nations Scientific, Education and Cultural Organisation (UNESCO) Universal Declaration on Bioethics and Human Rights (UDBHR) expresses in its title and substance a controversial linkage of two normative systems: international human rights law and bioethics. The UDBHR has the status of what is known as a ‘non-binding’ declaration under public international law. The UDBHR’s normative foundation within bioethics (and association, for example, with virtue-based or principlist bioethical theories) is more problematic. Nonetheless, the UDBHR contains socially important principles of technology (...) transfer and transnational benefit (articles 14, 15 and 21). This paper is one of the first to explore how the disciplines of bioethics and international human rights law may interact in the UDBHR to advance the policy relevance and health impact of technology transfer and transnational benefit principles. It investigates their normative ancestry in the UDBHR, as well as relevant conceptual differences between bioethics and public international law in this respect and how these may be relevant to their conceptual evolution and application. (shrink)

Much contemporary nanotoxicology, nanotherapeutic and nanoregulatory research has been characterised by a focus on investigating how delivery of engineered nanoparticles (ENPs) to cells is dictated primarily by components of the ENP surface. An alternative model, some implications of which are discussed here, begins with fundamental physicochemical research into the interaction of a dynamic nanoparticle-protein corona (NPC) with biological systems. The proposed new model also requires, however, that any such fresh NPC physicochemical research approach should involve integration and targeted collaboration from (...) the earliest stages with nanotoxicology, nanotherapeutics and nanoregulatory expertise. The justification for this integrated approach, we argue, relates not just to efficiency and promotion of innovation, but to an acknowledgement that public-funded basic physicochemical research in particular should now be accepted to incorporate strong higher order public goods elements from its inception, not merely after product development at the technology transfer stage. Issues, in other words, such as university research co-operation, commercialization and intellectual property (IP) protection, safety and cost-effectiveness regulatory assessment, as well as technology transfer should not be viewed as second tier considerations even in a ‘blue sky’ NPC basic research agenda. (shrink)

The United Nations Scientific, Education and Cultural Organisation (UNESCO) has commenced drafting a Universal Bioethics Declaration. Some in the relevant UNESCO drafting committee have previously desired to restrict its content to general principles concerning the application (but not necessarily the goals) of science and technology. As potentially a crucial agenda-setting statement of global bioethics, however, it is arguably important the Universal Bioethics Declaration transparently address major bioethical dilemmas in the field of public health, such as universal access to affordable, essential (...) medicines. Article 13 (Social Responsibility) of the Preliminary Draft Universal Bioethics Declaration states: ‘Any decision or practice shall ensure that progress in science and technology contributes, wherever possible, to the common good, including the achievement of goals such as: (i) access to quality health care and essential medicines, including for reproductive health and the health of children.’Cost effectiveness pricing systems, such as that most notably used in Australia’s Pharmaceutical Benefits Scheme (PBS), arguably represent one of the most scientifically effective mechanisms whereby public monies may be utilised to assist in the provision of medicines for the common good. They contain two essential elements: first, a process of scientific evaluation of objectively demonstrated therapeutic significance, and then, a fiscal lever (the government reimbursement price) attached to that evaluation.It is now well established that the US Pharmaceutical Research and Manufacturers Association (Pharma), through the assistance of the US Trade Representative (USTR), saw the Australia United States Free Trade Agreement (AUSFTA) as an opportunity to fulfill a legislative mandate to ‘eliminate ’ the cost-effectiveness pricing system in Australia’s PBS. One of the most remarkable features of the arguments raised against the PBS in this context was the fact that they made almost no reference to the normative discourse of bioethics or international human rights. Provisions such as Article 13 in UNESCO’s Universal Bioethics Declaration, although they will create no immediate obligations under international law, may play an extremely valuable role in legitimising the use of bioethical and human rights concepts in access to medicines debates surrounding multilateral and bilateral international trade deals such as the AUSFTA. (shrink)

The ‘Precautionary Principle’ provides a somewhat ill-defined guide, often of uncertain normative status, for those exercising administrative decision-making power in circumstances where that may create potential risks to human health or the environment. This paper seeks to explore to what extent the precautionary principle should have been and was in fact utilised by the Australian Therapeutic Goods Administration (TGA) in its decision to approve the marketing of sunscreens containing titanium dioxide (TiO2) and zinc oxide (ZnO) in nanoparticulate form. In particular, (...) this article assesses to what extent better application of that principle might have altered the TGA’s decision that TiO2 and ZnO ENPs in sunscreens do not require new safety testing, because they are considered to be functionally equivalent to their bulk counterparts. (shrink)

Abstract Environmental and public health-focused sciences are increasingly characterised as constituting an emerging discipline—planetary medicine. From a governance perspective, the ethical components of that discipline may usefully be viewed as bestowing upon our ailing natural environment the symbolic moral status of a patient. Such components emphasise, for example, the origins and content of professional and social virtues and related ethical principles needed to promote global governance systems and policies that reduce ecological stresses and pathologies derived from human overpopulation, selfishness and (...) greed—such as pollution, loss of biodiversity, deforestation and greenhouse gas emissions, as well as provide necessary energy, water and food security. Less well explored in this context, however, is the ethics that should underpin global use of emerging technologies such as nanotechnology as forms of planetary therapeutics. Nanotechnology may be particularly important, for instance, as a mechanism for improving upon photosynthesis and engineering it into human structures for localised production of carbon-neutral hydrogen based-fuel and carbohydrate-based food and fertilizer. Artificial photosynthesis, because of its unique and widespread public and environmental benefits in this period of human history, may even be termed the moral culmination of nanotechnology, assisting this planet to move beyond the Anthropocene epoch to that of the Sustainocene. This paper explores practical steps towards planetary nanomedicine involving governance of artificial photosynthesis, including a UNESCO Universal Declaration on the Bioethics and Human Rights of Natural and Artificial Photosynthesis (Global Solar Fuels and Foods ). Content Type Journal Article Category Original Paper Pages 1-13 DOI 10.1007/s11569-012-0144-4 Authors Thomas Faunce, College of Medicine, Biology and the Environment and College of Law (joint Appointment), Australian National University, Acton, Australia Journal NanoEthics Online ISSN 1871-4765 Print ISSN 1871-4757. (shrink)

This title was first published in 2002. This book builds on contemporary discussion of 'mysticism' and religious experience by examining the process and content of 'religious knowing' in classical and modern Advaita. Drawing from the work of William Alston and Alvin Plantinga, Thomas Forsthoefel examines key streams of Advaita with special reference to the conditions, contexts, and scope of epistemic merit in religious experience. Forsthoefel uniquely employs specific analytical categories of contemporary Western epistemologies as heuristics to examine the cognitive (...) dimension of religious experience in Indian Vedanta. Showing the developing nuances in the analysis of religious experience in the thought of Shankara and his immediate disciples (Suresvara and Padmapada) as well as in the teaching of Ramana Maharshi, an understudied but important South Indian saint of the 20th century, this book offers a substantial contribution to studies of Indian philosophy as well as to contemporary philosophy of religion. Using the tools of exegesis and comparative philosophy, Forsthoefel argues for a careful justification of claims following religious experience, even if such claims involve, as they do in the Advaita, a paradoxical 'knowing beyond knowledge'. (shrink)

Fragt man heute Vertreter verschiedener Disziplinen nach der Bedeutung des Hannoveraner Universalgelehrten Gottfried Wilhelm Leibniz, so hort man jeweils immer wieder: Leibniz hat Bedeutendes fur unser Fach geleistet. Leibniz beeindruckt nicht nur durch die Exzellenz seiner Leistung, sondern auch durch die Breite seiner Betatigungsfelder. Der aus einer Ringvorlesung an der Leibniz Universitat Hannover hervorgegangene Band fuhrt nun an die Vielfalt der von Leibniz ausgehenden der Leistungen und Anregungen heran. Insbesondere behandeln die Beitrage die Bedeutung von Leibniz fur die Geschichtswissenschaft, die (...) Theologie, die Philosophie, die Rechtswissenschaft und Juristerei, die Politikberatung, das Versicherungswesen, die Mathematik, die Ingenieurwissenschaften und die Sprachwissenschaft. Abgerundet wird der Band durch eine Einfuhrung von Werner Eisner und eine biographische Skizze aus der Feder von Eike Christian Hirsch. (shrink)

Examines the relationship between the question of God and the destiny of metaphysics. Concept of the end of metaphysics; Ambiguous relation between phenomenology and metaphysics; Return of special metaphysics in phenomenology; Phenomenological figure of God. Examines the relationship between the question of God and the destiny of metaphysics. Concept of the end of metaphysics; Ambiguous relation between phenomenology and metaphysics; Return of special metaphysics in phenomenology; Phenomenological figure of God.

Non-epistemic values play important roles in classificatory practice, such that philosophical accounts of kinds and classification should be able to accommodate them. Available accounts fail to do so, however. Our aim is to fill this lacuna by showing how non-epistemic values feature in scientific classification, and how they can be incorporated into a philosophical theory of classification and kinds. To achieve this, we present a novel account of kinds and classification, discuss examples from biological classification where non-epistemic values play decisive (...) roles, and show how this account accommodates the role of non-epistemic values. (shrink)

In Plato’s Protagoras, Socrates argues that ‘the many’ are confused about the experience they describe as ‘being overcome by pleasure’. They think the cause is ‘something other than ignorance’. He argues it follows from what they believe that the cause is ‘ignorance’ and ‘false belief’. I show that his argument depends on a premise he does not introduce but they should deny: that when someone is overcome by pleasure, the desire stems from a belief. To explain why Plato does not (...) make Socrates introduce this premise, the account I construct is speculative. It starts from the assumption that Plato is thinking through an understanding of human beings and what they must do to live good lives that he takes the historical Socrates to set out. (shrink)

Natural kinds are often contrasted with other kinds of scientific kinds, especially functional kinds, because of a presumed categorical difference in explanatory value: supposedly, natural kinds can ground explanations, while other kinds of kinds cannot. I argue against this view of natural kinds by examining a particular type of explanation—mechanistic explanation—and showing that functional kinds do the same work there as traditionally recognized natural kinds are supposed to do in “standard” scientific explanations. Breaking down this categorical distinction between traditional natural (...) kinds and other kinds of kinds, I argue, delivers two goods: It provides us with a view of natural kindhood that does justice to the epistemic roles of kinds in scientific explanations. And it allows us to solve a problem that HPC theory, currently one of the more popular accounts of natural kindhood, confronts. (shrink)

Keith DeRose gives an invalid argument for contextualism in “Assertion, Knowledge, and Context.” In section 2.4, entitled “The Argument for Contextualism,” DeRose makes the following remarks. “The knowledge account of assertion provides a powerful argument for contextualism: If the standards for when one is in a position to warrantedly assert that P are the same as those that comprise a truth-condition for ‘I know P,’ then if the former vary with context, so do the latter. In short: The knowledge account (...) of assertion together with the context-sensitivity of assertability yields contextualism about knowledge”. (shrink)

Natural kinds are often contrasted with other kinds of scientific kinds, especially functional kinds, because of a presumed categorical difference in explanatory value: supposedly, natural kinds can ground explanations, while other kinds of kinds cannot. I argue against this view of natural kinds by examining a particular type of explanation—mechanistic explanation—and showing that functional kinds do the same work there as traditionally recognized natural kinds are supposed to do in “standard” scientific explanations. Breaking down this categorical distinction between traditional natural (...) kinds and other kinds of kinds, I argue, delivers two goods: It provides us with a view of natural kindhood that does justice to the epistemic roles of kinds in scientific explanations. And it allows us to solve a problem that HPC theory, currently one of the more popular accounts of natural kindhood, confronts. (shrink)

The Genesis of God: A Theological Genealogy. By Thomas J.J. Altizer. Louisville: Westminster/John Knox Press, 1993. pp.200.

Business schools play an instrumental role in laying the foundations for ethical behavior and socially responsible actions in the business community. Drawing on social learning and identity theories and using data collected from undergraduate business students, we found that ethical climate was a significant predictor of unethical behavior, such that students with positive perceptions about their business school’s ethical climate were more likely to refrain from unethical behaviors. Moreover, we found that high moral and institutional identities strengthened the effect of (...) ethical climate on unethical behavior. In addition to novel theoretical contributions to the business ethics and socio-psychology literature, this study offers practical pathways through which business schools can nurture and instill the values and behaviors that ultimately help shape positive organizational ethics. Directions for future research are provided. (shrink)

In Plato’s Gorgias, Socrates says to Callicles that “your love of the people, existing in your soul, stands against me, but if we closely examine these same matters often and in a better way, you will be persuaded” (513c7–d1). I argue for an interpretation that explains how Socrates understands Callicles’s love of the people to stand against him and why he believes examination often and in a better way will persuade Callicles.

Keith DeRose gives an invalid argument for contextualism in “Assertion, Knowledge, and Context.” In section 2.4, entitled “The Argument for Contextualism,” DeRose makes the following remarks. “The knowledge account of assertion provides a powerful argument for contextualism: If the standards for when one is in a position to warrantedly assert that P are the same as those that comprise a truth-condition for ‘I know P,’ then if the former vary with context, so do the latter. In short: The knowledge account (...) of assertion together with the context-sensitivity of assertability yields contextualism about knowledge”. (shrink)

While evolutionary thinking is increasingly becoming popular in fields of investigation outside the biological sciences, it remains unclear how helpful it is there and whether it actually yields good explanations of the phenomena under study. Here we examine the ontology of a recent approach to applying evolutionary thinking outside biology, the generalized Darwinism approach proposed by Geoffrey Hodgson and Thorbjørn Knudsen. We examine the ontology of populations in biology and in GD, and argue that biological evolutionary theory sets ontological criteria (...) that GD fails to meet. We suggest two options to revise the population concept in GD: reformulating the concept in terms of inheritance and reproduction such that it comes to pick out individuals similar to evolving populations, or trying to build an adequate population concept on a principle of differential retention instead of differential reproduction. 1 Introduction2 Generalized Darwinism2.1 What is generalized Darwinism?2.2 Darwinian principles3 The Ontology of Generalized Darwinism: What Are Populations?3.1 The population concept of generalized Darwinism3.2 The population concept in evolutionary theory4 Locating Evolving Systems in Generalized Darwinism5 Conclusion. (shrink)

BackgroundDespite rapid growth of the scientific literature, no consensus guidelines have emerged to define the optimal criteria for editors to grade submitted manuscripts. The purpose of this project was to assess the peer reviewer metrics currently used in the surgical literature to evaluate original manuscript submissions.MethodsManuscript grading forms for 14 of the highest circulation general surgery-related journals were evaluated for content, including the type and number of quantitative and qualitative questions asked of peer reviewers. Reviewer grading forms for the seven (...) surgical journals with the higher impact factors were compared to the seven surgical journals with lower impact factors using Fisher’s exact tests.ResultsImpact factors of the studied journals ranged from 1.73 to 8.57, with a median impact factor of 4.26 in the higher group and 2.81 in the lower group. The content of the grading forms was found to vary considerably. Relatively few journals asked reviewers to grade specific components of a manuscript. Higher impact factor journal manuscript grading forms more frequently addressed statistical analysis, ethical considerations, and conflict of interest. In contrast, lower impact factor journals more commonly requested reviewers to make qualitative assessments of novelty/originality, scientific validity, and scientific importance.ConclusionSubstantial variation exists in the grading criteria used to evaluate original manuscripts submitted to the surgical literature for peer review, with differential emphasis placed on certain criteria correlated to journal impact factors. (shrink)

Organizational ecology is commonly seen as a Darwinian research program that seeks to explain the diversity of organizational structures, properties and behaviors as the product of selection in past social environments in a similar manner as evolutionary biology seeks to explain the forms, properties and behaviors of organisms as consequences of selection in past natural environments. We argue that this explanatory strategy does not succeed because organizational ecology theory lacks an evolutionary mechanism that could be identified as the principal cause (...) of organizational diversity. The “evolution” of organizational populations by means of selection, which organizational ecologists put forward as the mechanism responsible for the extant diversity of organizational forms, is not evolution in any proper sense, because organizational populations do not have what it takes to participate in evolutionary processes. This implies that organizational ecology is not a Darwinian research program and that it cannot explain organizational diversity. (shrink)

Species in biology are traditionally perceived as kinds of organisms about which explanatory and predictive generalizations can be made, and biologists commonly use species in this manner. This perception of species is, however, in stark contrast with the currently accepted view that species are not kinds or classes at all, but individuals. In this paper I investigate the conditions under which the two views of species might be held simultaneously. Specifically, I ask whether upon acceptance of an ontology of species (...) as diachronic segments of the tree of life species can perform the epistemic role of kinds of organisms to which explanatory and predictive generalizations apply. I show that, for species-level segments of the tree of life, several requirements have to be met before the performance of this epistemic role is possible, and I argue that these requirements can be met by defining species according to the Composite Species Concept proposed by Kornet and McAllister in the 1990s. (shrink)

Beginning with a Cuban Catholic ritual in Miami, this book takes readers on a momentous theoretical journey toward a new understanding of religion.

Early last year, the GenEthics Consortium (GEC) of the Washington Metropolitan Area convened at George Washington University to consider a complex case about genetic testing for Alzheimer disease (AD). The GEC consists of scientists, bioethicists, lawyers, genetic counselors, and consumers from a variety of institutions and affiliations. Four of the 8 co-authors of this paper delivered presentations on the case. Supplemented by additional ethical and legal observations, these presentations form the basis for the following discussion.

There is an interesting parallel between two debates in different domains of contemporary analytic philosophy. One is the endurantism– perdurantism, or three-dimensionalism vs. four-dimensionalism, debate in analytic metaphysics. The other is the debate on the species problem in philosophy of biology. In this paper I attempt to cross-fertilize these debates with the aim of exploiting some of the potential that the two debates have to advance each other. I address two issues. First, I explore what the case of species implies (...) regarding the feasibility of particular positions in the endurantism– perdurantism debate. I argue that the case of species casts doubt on the recent claim that three-dimensionalism and four-dimensionalism are equivalent descriptions of the same underlying reality. Second, and conversely, I examine whether the metaphysical worry about three-dimensionalism and four-dimensionalism can help us to better understand the nature of biological species. I show that analyzing the thesis that species are individuals against the background of the endurantism– perdurantism debate allows us to explicate two different ways in which this thesis can be interpreted. (shrink)

This work argues for the need to close the gap between the fields of the philosophy of religion and religious studies. Thomas A. Lewis takes up what, in recent years, has often been seen as a fundamental reason for excluding religious ethics and philosophy of religion from religious studies: their explicit normativity. Against this presupposition, Lewis argues that normativity is pervasive--not unique to ethics and philosophy of religion--and therefore not a reason to exclude them from religious studies. He bridges (...) more philosophical and historical subfields by arguing for the importance of history to the philosophy of religion. He considers the future of religious ethics, explaining that the field as whole should learn from the methodological developments associated with recent work in comparative religious ethics and 'comparative religious ethics' should no longer be conceived as a distinct subfield. The concluding chapter engages broader, post-9/11 arguments about the importance of studying religion, arguing that prominent contemporary notions of 'religious literacy' actually hinder our ability to grasp the significance of religion and impact in the world today. (shrink)

Humanity’s creative capacity has never been more unsettling than it is at our current moment, when it has ushered us into new technological worlds that challenge the very definition of “the human.” Those anxious to safeguard the human against techno-scientific threats often appeal to religious traditions to protect the place and dignity of the human. But how well do we understand both theological tradition and today’s technological culture? In _The Indiscrete Image, _Thomas A. Carlson challenges our common ideas about both, (...) arguing instead that it may be humanity’s final lack of definition that first enables, and calls for, human creativity and its correlates—including technology, tradition, and their inextricable interplay within religious existence. Framed in response to Martin Heidegger’s influential account of the relation between technological modernity and theological tradition, _The Indiscrete Image_ builds an understanding of creativity as conditioned by insurmountable unknowing and incalculable possibility through alternative readings of Christian theological tradition and technological culture—and the surprising resonance between these two. Carlson concludes that the always ongoing work of world creation, tied essentially to human self-creation, implies neither an idol’s closure nor an icon’s transcendence, but the “indiscrete image” whose love makes possible—by keeping open—both the human and its world. (shrink)