This chapter contains sections titled: Individuals and Species Commonalities among Species Individuals within Species Individual Histories and Individual Genomes The Social and Legal Importance of Individuality Human Individuals, Persons, and Rights Implications for Justice.

The sciences of genetics and genomics are revealing more all the time regarding our statuses as individuals relative to our particular genomes. Geographical isolation is presumably the greatest factor in allowing for populations of a species to change genetically over time, in response to environmental pressures and genetic drift accelerated by the mechanism of sexual reproduction. In order to develop a robust account of what rights individual members of the human species might have to either their own particular DNA or (...) the human genome in general, one need to explain the relations between individuals and species in regards to deoxyribonucleic acid (DNA). The fact that genes carry over from species to species does not mean that those genes are completely identical across all species. Laws and regulations exist that govern the use of human tissues and property rights over their products. (shrink)

Breaking Bad, hailed by Stephen King, Chuck Klosterman, and many others as the best of all TV dramas, tells the story of a man whose life changes because of the medical death sentence of an advanced cancer diagnosis. The show depicts his metamorphosis from inoffensive chemistry teacher to feared drug lord and remorseless killer. Driven at first by the desire to save his family from destitution, he risks losing his family altogether because of his new life of crime. In defiance (...) of the tradition that viewers demand a TV character who never changes, Breaking Bad is all about the process of change, with each scene carrying forward the morphing of Walter White into the terrible Heisenberg. Can a person be transformed as the result of a few key life choices? Does everyone have the potential to be a ruthless criminal? How will we respond to the knowledge that we will be dead in six months? Is human life subject to laws as remorseless as chemical equations? When does injustice validate brutal retaliation? Why are drug addicts unsuitable for operating the illegal drug business? How can TV viewers remain loyal to a series where the hero becomes the villain? Does Heisenberg's Principle of Uncertainty rule our destinies? In Breaking Bad and Philosophy, a hand-picked squad of professional thinkers investigate the crimes of Walter White, showing how this story relates to the major themes of philosophy and the major life decisions facing all of us. (shrink)

Ontologies describe reality in specific domains in ways that can bridge various disciplines and languages. They allow easier access and integration of information that is collected by different groups. Ontologies are currently used in the biomedical sciences, geography, and law. A Biomedical Ethics Ontology would benefit members of ethics committees who deal with protocols and consent forms spanning numerous fields of inquiry. There already exists the Ontology for Biomedical Investigations (OBI); the proposed BMEO would interoperate with OBI, creating a powerful (...) information tool. We define a domain ontology and begin to construct a BMEO, focused on the process of evaluating human research protocols. Finally, we show how our BMEO can have practical applications for ethics committees. This paper describes ongoing research and a strategy for its broader continuation and cooperation. (shrink)

This chapter contains sections titled: Classical Genetics Modern Genetics How Genes Work DNA Function in Metabolism Differentiation Information, Structure and Function: Individuals and “Persons” Information and Individuals Personhood and “Me‐ness”.

US law has until recently treated unmodified and merely “isolated” genes as a form of intellectual property. Patents protect processes, methods, manufactures, and compositions of matter. Legal theorists and intellectual property scholars have similarly weighed in on the patentability of genes, often uncritical of the strained lines of reasoning that made first “isolated and purified” products of nature patentable, or simply weighing the costs vs. benefits. In the early fifteenth century, the first robust institutionalized forms of intellectual property protection emerged (...) in Europe. This chapter examines the theory of intellectual property implicit in its historical development and looks more closely at the question of whether genes belong to the general category “intellectual property.” The purpose of intellectual property law is to encourage innovation, to discourage secret‐keeping, and to move new knowledge into the public domain after a period of time. (shrink)

This chapter contains sections titled: The Historical Development of Intellectual Property The Theory of Intellectual Property Problem Areas in Intellectual Property Theory and Practice Do Genes Fit any Current Notion of Intellectual Property? What CAN Properly be Patented? Genes and the Law: Where Do They Fit?

From the late 1980s, scientists began concentrating their search for genes presumed responsible for inherited tendencies to get ovarian and breast cancers on chromosome 17. The Berkeley group and others around the world were closing in on the sequence when Mark Skolnick, a founder of Myriad Genetics, announced successfully isolating and cloning the BRCA1 mutation. In 1994, Myriad and other cooperating parties first filed a patent for the BRCA1 mutation they isolated and then in 1995 they also filed patents for (...) what is known as BRCA2, a related mutation. By 1996, Myriad developed and began marketing “BRCAnalysis™,” their predictive test for the presence of possibly cancer‐causing mutations. Shortly after the American Civil Liberties Union's (ACLU) filed its case against Myriad, a series of cases went up to the US Supreme Court that set the stage for its eventual decision in Myriad, and revisited the subject of Section 101 patent‐eligibility. (shrink)

For nearly two decades, nonengineered human DNA was patented without challenge. The US Supreme Court recently agreed that many of those patents do not fit accurately into any currently accepted scheme of intellectual property protection. One should consider: whether DNA fits into other forms of property protection (land, moveables, chattels, etc.); whether DNA warrants a new and unique form of property protection, or whether DNA belongs to the class of objects generally considered to be as “the commons.” Current schemes of (...) patent protection for genes are entirely new, unwarranted by precedent, and utterly aberrant in applying the law of patent. Nonetheless, it bears examining how intellectual property schemes might serve as guidance for new forms of intellectual property protection for genes, if indeed those genes fit into classical dimensions of intellectual property. Private ownership of property has emerged as the dominant legal institution covering modes of possession. (shrink)

This chapter contains sections titled: Current Schemes of Intellectual Property Protection Existing Forms of Property Protection Brute Facts and Genes Unique Property Protection for DNA? The Notion of the Commons The Commons as a Choice The Commons by Necessity DNA as a Commons Is DNA More like Ideas or Radio Spectra?

Gene patenting was enabled by strained interpretations of legal precedent and with very little consideration of its ultimate ethical implications. The sciences of justice, ethics, and morals remain in their dark ages, with their practitioners all ascribing to differing values and modes of inquiry, besieged in their various camps of deontological, or consequentialist, or emotive or theistic dogmas. Ownership and property rights in moveables are good candidates for grounded relations as opposed to intellectual property. The groundedness of a valid possession (...) rests on the intentional state of the possessor and other external and objective facts of the possession. The ontology of the social and legal institution of ownership reveals that it is grounded in certain states of affairs, such as brute‐worldly facts and intentional states, as well as social acts revealing intentions of the parties. (shrink)

This chapter contains section titled: The Fall of Baltar The Transhuman Temptation… Really! The First and Last Temptations of Baltar “There Must Be Some Way Out of Here” Notes.

Life on earth is bound together by a common heritage, centered around a molecule that is present in almost every living cell of every living creature. Deoxyribonucleic acid (DNA), composed of four base pairs, the nucleic acids thymine, adenine, cytosine, and guanine, encodes the data that directs, in conjunction with the environment, the development and metabolism of all nondependent living creatures. Except for some viruses that rely only on ribonucleic acid (RNA), all living things are built by the interaction of (...) DNA and RNA within cells and their environments. There is no worldwide consensus yet as to whether portions of the human genome should be granted intellectual property protection, as indeed they are in the United States and a number of other nations. DNA posed numerous challenges to the legal framework for patent protection and may suggest developing an entirely new social and legal category recognizing its uniqueness. (shrink)

This chapter contains sections titled: The Current Conundrum The Objects of Our Study The Legal Framework So Far Special Challenges of DNA Property and Parts Autonomy, Individuality, and Personhood Economics and the Marketplace for Genes Ethics and Method An Outline for the Investigation The Challenge Ahead.

This chapter contains sections titled: You and Your Genes Your Patented Parts The “I, Robot, Your Robot” Scenario The Elephant Man Scenario There's Gold in Them Thar Genes! Bio‐Prospecting and Social Justice Discovery, not Invention Genetic Diversity and Cultural Commons Are You Your Genes? Genes, Information, and Privacy Practical Considerations: Gene Patents and Innovation The Road Ahead.

In most traditions, the law is founded upon some extralegal view of morality. There are only a handful of cases prior to the 1970s that involved patenting nonhuman organisms. John Moore made several claims, but the one of most interest to us here was a claim for conversion, which means the unlawful use of another person's property for the enrichment of the person using the thing unlawfully. The cell line produced from Moore's spleen cells was eventually patented by the defendants. (...) The potential market for products relating to that patent was estimated to be roughly $3 billion US dollars. The move from patenting hybridized plants, to genetically altered microorganisms, to human tissues and genes reflected the epitome of the fabled slippery slope. There is clearly a gap between our intuitions about the relations between our individual genomes, our identities, perceptions of privacy and personal autonomy, and the law. (shrink)

This chapter contains sections titled: The Role of the Law Autonomy and Property Early Cases on Microorganisms and Animals: The Slope toward Human Patents Patenting Animals Renting Your Spleen? The Move to Human Gene Patents Patenting Diseases Catalona and Beyond What's so Strange about the Law of Bodies and Tissues? The Law of Personal Identity Reconciling the Law with Reality.

Recent rulings from the US Supreme Court seem to have effectively narrowed the trend toward allowing patents on artificially produced natural products. All objects must have a structural quality and a genetic quality, and if both are the result of some human intention and meet the other criteria of patent (new, useful, and nonobvious) then they may be patentable. There are millions of natural phenomena that are duplicated by man. Products and processes are mutually exclusive categories. No product is a (...) process, and vice versa. This much, the patent law gets right. All objects are either products (continuants) or processes (occurants). There are two types of each: man‐made and natural, for the purposes of intellectual property law. Any discovery of a law or phenomenon of nature involves some degree of intention, some exercise of consciousness and directedness. (shrink)

This chapter discusses some of the practical consequences of the recent and evolving situation in both science and industry, and forecasts how altering the law might affect each. It considers at least three possibilities: (1) justice demands eradicating patenting genes no matter what the consequences, (2) justice and economic efficiency demand altering the current system to meet both concerns, or (3) the economic effects of altering or eradicating the present system outweigh both the concerns of justice or economic efficiency, and (...) so the status quo should be maintained. The chapter explores each of these possibilities with an eye toward actually proposing rational public policy scenarios that could be adopted. Open Source essentially amounts to the ideal methods of the sciences applied to products in the marketplace. DNA in its natural state is the object of discovery and therefore the domain of science. (shrink)

This chapter contains sections titled: The Evolution of the Institutions of Science The Big Business of Biotech, and the Cornucopia of the HGP The Marketplace of Genes Open Source and Free Markets Open Source in Biology National Regulation of Gene Markets DNA Wants to be Free.

Since the publication of South Park and Philosophy in 2007, Parker and Stone have made some additional forays into religious satire, poking fun at staunch supporters of the Catholic Church and “militant agnostics” among others. This chapter deals with the episodes 200 and 201 in which the “Cartoon Wars” controversy resurfaced, inspiring real‐life death threats aimed at Parker and Stone. Additionally, The Book of Mormon opened on Broadway. This musical comedy extends the obsession with Mormonism in several South Park episodes, (...) featuring a playful, biting, yet loving portrayal of its adherents. South Park is a show born in blasphemy. In “All About Mormons,” Gary, the little Mormon kid, voices the lesson that Parker and Stone frequently teach in their messed‐up way. This same loving yet mocking attitude is displayed in spades in The Book of Mormon, illustrating even more clearly their love of Mormons while ridiculing their religion. (shrink)

There are a number of ways one could criticize the practice of patenting genes. This chapter argues that computer‐mediated expressions have revealed the false dichotomy in the law of intellectual property and that as new technologies emerge they will continue to pose problems for courts and innovators alike. This is because the range and nature of our expressions is increased with new technologies like computers, nanotechnology, and biotech. Genetic engineering and nanotechnology undermine the distinction between “clearly” patentable inventions and copyrightable (...) works of authorship. Persons carry obligations, rights, moral duties, and are the objects of almost all our ethical and legal considerations. Health care in general has improved to enable us to make more careful predictions about risks and to make choices with greater information. Useful scientific data have emerged from the various “mapping” projects seeking to reveal the intricacies of genomes and phenotypes. (shrink)

This chapter contains sections titled: Errors in the Law Problems of Personhood Other Potential Persons and Property Issues Our Common Genetic Heritage: What Does It Mean? Your Genome/Our Genome Future Issues: Where Do We Go from Here?

The universally recognized backbone of molecular biology describes the flow of genetic information from deoxyribonucleic acid (DNA) to ribonucleic acid (RNA) to protein or gene product, that is, DNA is transcribed into another nucleic acid (RNA), which is single stranded, next some types of RNA are in turn translated into proteins. Translation of nucleic acids to proteins is literally a translation from the genomic language to the metabolic language. Codons formed of a sequence of three nucleic acids summon a specific (...) amino acid. Translation from codons to proteins, that is, protein synthesis, takes place by specialized machinery comprising mRNA, ribosomes, and free amino acids. Inferring the structure of DNA opened the door for tremendous advances in understanding the role of genes in creating life, directing replication, and ongoing metabolic processes responsible for maintaining life at both the cellular and organism level. (shrink)

The application of ontology has thus far [in 1998] been confined almost exclusively to the field of knowledge representation. Ontology has been applied, for example, in the design of medical databases and in the construction of geographical information systems. One area which is naturally suited to ontological analysis is that of the law and of social institutions in general. -/- Legal systems are composed of legal entities, such as laws, contracts, obligations, and rights. Their application yields new categories of entities (...) such as: corporations, trademarks, marriages, and parcels of real estate. The categorization of these entities by different legal systems has not, by-and-large, been conducted in ways which exploit the tools of modern ontology. Consequently, contradictions and inconsistencies often arise in the law when, for instance, one type of entity is forced into two mutually exclusive categories (e.g., when software is considered both patentable and copyrightable). Papers are invited which consider these and related issues from a philosophical point of view. (shrink)

The age-old maxim of scientists whose work has resulted in deadly or dangerous technologies is: scientists are not to blame, but rather technologists and politicians must be morally culpable for the uses of science. As new technologies threaten not just populations but species and biospheres, scientists should reassess their moral culpability when researching fields whose impact may be catastrophic. Looking at real-world examples such as smallpox research and the Australian “mousepox trick”, and considering fictional or future technologies like Kurt Vonnegut’s (...) “ice-nine” from Cat’s Cradle, and the “grey goo” scenario in nanotechnology, this paper suggests how ethical principles developed in biomedicine can be adjusted for science in general. An “extended moral horizon” may require looking not just to the effects of research on individual human subjects, but also to effects on humanity as a whole. Moreover, a crude utilitarian calculus can help scientists make moral decisions about which technologies to pursue and disseminate when catastrophes may result. Finally, institutions should be devised to teach these moral principles to scientists, and require moral education for future funding. (shrink)

This book is an easy to read, yet comprehensive introduction to practical issues in research ethics and scientific integrity. It addresses questions about what constitutes appropriate academic and scientific behaviors from the point of view of what Robert Merton called the “ethos of science.” In other words, without getting into tricky questions about the nature of the good or right (as philosophers often do), Koepsell’s concise book provides an approach to behaving according to the norms of science and academia (...) without delving into the morass of philosophical ethics. The central thesis is that: since we know certain behaviors are necessary for science and its institutions to work properly (rather than pathologically), we can extend those principles to guide good behaviors as scientists and academics. The Spanish version of this book was commissioned by the Mexican National Science Foundation (CONACyT) and is being distributed to and used by Mexican scientists in a unique, national plan to improve scientific integrity throughout all of Mexico. Available now in English, the examples and strategies employed can be used throughout the English speaking research world for discussing issues in research ethics, training for scientists and researchers across disciplines, and those who are generally interested in ethics in academia. (shrink)

The authors outline the way in which documents as social objects have evolved from their earliest forms to the electronic documents of the present day. They note that while certain features have remained consistent, processes regarding document authentication are seriously complicated by the easy reproducibility of digital entities. The authors argue that electronic documents also raise significant questions concerning the theory of ‘documentality’ advanced by Maurizio Ferraris, especially given the fact that interactive documents seem to blur the distinctions between the (...) static documents (or ‘inscriptions’) which form Ferraris’s starting point, and dynamic software processes. The authors argue further that the Ferraris view as applied to legal documents is flawed because of the fact that courts may treat contractual obligations as enduring even in spite of a complete absence of enduring inscriptions. Finally, the authors note that traces in brains, another important family of inscriptions (as Ferraris conceives them), differ significantly from genuinely documentary inscriptions by their lack of public inspectability. (shrink)

You quite rightly need not fear being owned in the most traditional and reprehensible sense by which humans ... New and more subtle forms of ownership have emerged in the past hundred years that now impact on essential qualities and ...

This volume presents a unique collection of authors who generally maintain that science can help us make wise choices and that an increase in scientific knowledge can help modify our ethical values and bring new ethical principles into social awareness.

John R. Searle’s 1995 publication The Construction of Social Reality is the foundation of this collection of scholarly papers examining Searle's philosophical theories. Searle’s book sets out to reconstruct the ontology of the social sciences through an analysis of linguistic practices in the context of his celebrated work on intentionality. His book provided a stimulating account of institutional facts such as money and marriage and how they are created and replicated in everyday social life. The authors in this collection provide (...) a critical appraisal of these and other ideas presented in Searle’s original publication. The editors' introduction clearly outlines the main issues in the debate and provides a useful introduction to Searle's contributions to social science. (shrink)

The recent debate arising from leaked emails from a UK-based research group working on the issue of climate change is another in a long string of historical lapses that periodically threatens public confidence in the institutions and methods of science. As with other similar events, it did not have to happen. What should concern us is that the accepted methods and practices of science have once again to be shown to be too easily set aside, ignored, or broken due to (...) human frailties. Years of research are now in question, publications must be viewed in a new, more skeptical light, and research programs that might have no direct relation with the one involved in the controversy are affected. One response to scandals like “ClimateGate” is to renew an oft-repeated call for increased openness in the sciences. The apparent disappearance or alteration of data, and its implications for the trustworthiness of published results of ongoing research suggests strongly that a more transparent, open, and accessible system could have prevented personal inclinations or policy concerns, even if benevolently motivated, from undermining the indifferent and detached progress of climate science. (shrink)

Reality is composed of many layers, including what John Searle calls “brute facts” and, superimposed on these, what he calls “social reality”. Ontology is the study of reality in its various layers, and involves attempts to describe that reality in ways that are useful and logically consistent. Philosophers and others who attempt to “build” ontologies, must examine the manners in which we can best describe objects, and devise structured vocabularies that can be used consistently, often across disciplines, and now with (...) an eye toward automation such that when people use terms to describe reality, a greater consistency, and thus better understanding, ensues. Any object of intentionality is capable of ontological analysis and greater clarity. Abstract objects composed by collective intentionality, such as the institutions and other objects that comprise “social reality”, are especially rich domains for ontological analysis. (shrink)

Response to the paper “The Biomedical Ethics Ontology Proposal: Excellent Aims, Questionable Methods" by James DuBois, published in the Journal of Empirical Research on Human Research Ethics.

For the past half-century, issues relating to the ethical conduct of human research have focused largely on the domain of medical, and more recently social–psychological research. The modern regime of applied ethics, emerging as it has from the Nuremberg trials and certain other historical antecedents, applies the key principles of: autonomy, respect for persons, beneficence, non-maleficence, and justice to human beings who enter trials of experimental drugs and devices :168–175, 2001). Institutions such as Institutional Review Boards and Ethics Committees oversee (...) most governmentally-funded medical research around the world, in more than a hundred nations that are signers of the Declaration of Helsinki. Increasingly, research outside of medicine has been recognized to pose potential risks to human subjects of experiments. Ethics committees now operate in the US, Canada, the U.K. and Australia to oversee all governmental-funded research, and in other jurisdictions, the range of research covered by such committees is expanding. Social science, anthropology, and other fields are falling under more clear directives to conduct a formal ethical review for basic research involving human participants. The legal and institutional response for protecting human subjects in the course of developing non-medical technologies, engineering, and design is currently vague, but some universities are establishing ethics committees to oversee their human subjects research even where the experiments involved are non-medical and not technically covered by the Declaration of Helsinki. In The Netherlands, as in most of Europe, Asia, Latin America, or Africa, no laws mandate an ethical review of non-medical research. Yet, nearly 2 years ago we launched a pilot ethics committee at our technical university and began soliciting our colleagues to submit their studies for review. In the past year, we have become officially recognized as a human subjects ethics committee for our university and we are beginning the process of requiring all studies using human subjects to apply for our approval. In this article, we consider some of the special problems relating to protecting human participants in a technology context, and discuss some of our experiences and insights about reviewing human subjects research at a technical university, concluding: that not less than in medical studies, human participants used in technology research benefit from ethical committees’ reviews, practical requirements for publications, grants, and avoiding legal liability are also served by such committees, and ethics committees in such contexts have many similarities to, but certain other special foci than medical ethics committees. We believe that this experience, and these observations, are helpful for those seeking to establish such committees in technology research contexts, and for framing the particular issues that may arise in such contexts for the benefit of researchers, and nascent committees seeking to establish their own procedures. (shrink)

The emergence of the new information economy hascomplicated jurisdictional issues in commerce andcrime. Many of these difficulties are simplyextensions of problems that arose due to other media.Telephones and fax machines had already complicatedjurists'' determinations of applicable laws. Evenbefore the Internet, contracts were often negotiatedwithout any face-to-face contact – entirely bytelephone and fax. Where is such a contractnegotiated? The answer to this question is critical toany litigation that may arise over such contracts. Thelaws of contract are often quite different from onejurisdiction (...) to the next.The Internet has brought with it new forms ofcommunication which make determining the loci of actseven more complicated. Where are contracts negotiatedwhen they are negotiated in cyberspace? Business isbeing conducted in chat rooms, on web sites, andthrough e-mail. Each of these is technically distinctfrom telephones and fax machines. More importantly,these tools seem ontologically different, in varyingdegrees, from traditional methods of communication.The question is, are these ontological differencessufficient to warrant new legal notions ofjurisdiction in cyberspace?Only a thorough ontological analysis of the parts ofcyberspace and acts ``in'''' it can reveal the answers tothe legal questions posed by this new medium.Traditional legal analyses have relied, in part, on acrude legal ontology. That is, courts have grappledwith notions of the topology and mereology of theworld and legal objects when considering questions ofjurisdiction. There is a simpler, theoretically soundmethod for determining legal jurisdiction which isbased upon the notion of ``purposeful direction,'''' andwhich treats computer-mediated transactions as justanother form of communication. I will explore thatmethod below. (shrink)

Human research ethics has developed in both theory and practice mostly from experiences in medical research. Human participants, however, are used in a much broader range of research than ethics committees oversee, including both basic and applied research at technical universities. Although mandated in the United States, the United Kingdom, Canada, and Australia, non-medical research involving humans need not receive ethics review in much of Europe, Asia, Latin America, and Africa. Our survey of the top 50 technical universities in the (...) world shows that, where not specifically mandated by law, most technical universities do not employ ethics committees to review human studies. As the domains of basic and applied sciences expand, ethics committees are increasingly needed to guide and oversee all such research regardless of legal requirements. We offer as examples, from our experience as an ethics committee in a major European technical university, ways in which such a committee provides needed services and can help ensure more ethical studies involving humans outside the standard medical context. We provide some arguments for creating such committees, and in our supplemental article, we provide specific examples of cases and concerns that may confront technical, engineering, and design research, as well as outline the general framework we have used in creating our committee. (shrink)

Breaking Bad has been lauded as the best series ever on television by numerous critics and polls. It follows the “Breaking Bad” (i.e., the moral degradation) of Walter White, a middle-class, middle-aged high school chemistry teacher in Albuquerque, New Mexico. Presented in the form of a literary epic employing satire, it provides us with a way to look at complex issues of justice, the good, and meaning, all while imparting a sense of aesthetics of justice and morality. The aesthetics of (...) justice in Breaking Bad examines problems and issues of modernity, employing existential and moralistic themes similar to other satirical epic works featuring antiheroes including Ulysses and Don Quixote. In this chapter, the existentialist themes and aesthetic treatment of Walt’s complex moral world are discussed in relation to other epic satirical works, and an argument expanding upon the author’s prior conceptions of Breaking Bad’s aesthetics of the just and the good is made. (shrink)

This book defines 'nanowares' as the ideas and products arising out of nanotechnology. Koepsell argues that these rapidly developing new technologies demand a new approach to scientific discovery and innovation in our society. He takes established ideas from social philosophy and applies them to the nanoparticle world. In doing so he breaks down the subject into its elemental form and from there we are better able to understand how these elements fit into the construction of a more complex system (...) of products, rules and regulations about these products. (shrink)

Peter Hare and Edward Madden's collaborative book Evil and the Concept of God (968) has become a staple in literature about the problem of evil and remains frequently cited by supporters and critics alike. The major concepts of the work arose out of earlier papers in which they first began to formulate their arguments about the problem of evil. Their article "Evil and Unlimited Power" embodies many of their arguments against quasi-theist attempts to resolve the problem of evil.1 Assembled from (...) these and other papers, their compendium frames a thorough synthesis of the long history of debate regarding the problem of evil, and contributes their own exhaustive, point-by-point attack on modern defenders of three main .. (shrink)

Modern information technologies rely on electronic and optical signals transmitting data, expressions, and other signals around the world. Digital networks account for trillions of dollars worth of worldwide commerce, but the nature of their objects is complicated and has proven to be a challenge for customary and legal modes of ownership for expressions. Intellectual property law governed expressions and inventions for the past couple hundred years, but software and other digital objects, due to their ephemeral and non-physical natures, pose some (...) ontological, ethical, and regulatory challenges discussed in this chapter. (shrink)

One of the early, non-financial uses of blockchain technologies around which several startups have developed was to help manage, monetize, and make the sharing of genomic data more private. Because deidentified genomic data are excluded from HIPAA and many other regulatory contexts worldwide—and is already a widely traded commodity for science valued in the hundreds of millions over the past decade—genomic blockchains proved a promising entry point for using the benefits of blockchains for dissemination and remuneration of data. Several models (...) have been tried, and most have touted their abilities to make users the “owners” of the genomic data in ways in which current models fail. This paper will explore the various existing and potential models for genomic blockchains, review some shortcomings and unmet needs, and explain why no technical solution alone will fulfill the promise of genomic data ownership without regulation. (shrink)

The theory of documentality is a way of describing social reality. Developed by Italian philosopher Maurizio Ferraris, it says that the world of social objects is a world of documents, fundamentally. Specifically, it attempts to fill in gaps regarding the existence of objects whose dependence precedes traditional, written documents. Borrowing from Derrida, Ferraris concludes that no part of social reality exists outside of texts, while expanding the notion of texts to include inscriptions as memories in minds. Social reality is constructed (...) by “inscriptions” on documents, the most basic of which can be the inscriptions of memories, ideas, and things like promises and intentions on the matter of human brains. In “Beyond Paper,” Barry Smith and I raise some issues that confront the theory of documentality when electronic documents are involved, specifically problems concerning the distinction between fixed inscriptions and dynamic software, as well as the existence of legal entities that are never inscribed at all (like a common law marriage, that can exist even without any agreement among the parties). Here, I consider briefly how extending our discussion of documentality and electronic media is further complicated by web 3.0, or the emerging realm of documents and processes involved in smart contracts and their offspring and consider some implications for the law arising from this new manner of executing code and weaving new layers of social reality. (shrink)