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)

The notorious but: unimpeachably corroborated case of Pavlov's mice raises, in capsule form, a variety of fascinating issues with far-reaching ramifications in several directions, but with particularly serious implications, several of which are well worth restating and pondering further (cf. Sebeóle 1977b: 192-201), both for the foundations and research methodology of contemporary semiotics.

When we love a place: world's end with Cormac McCarthy -- Mourning places and time in Augustine -- The conversion of time to the time of conversion: Augustine with Marion -- The time of his syllables: dying together with Derrida and Augustine -- Thinking love and mortality with Heidegger -- World loss or heart failure: pedagogies of estrangement in Harrison and Nancy -- Ages of learning . . . the secular today with Emerson and Nietzsche.

Ancient Greek Philosophy: From the Presocratics to the Hellenistic Philosophers presents a comprehensive introduction to the philosophers and philosophical traditions that developed in ancient Greece from 585 BC to 529 AD. Provides coverage of the Presocratics through the Hellenistic philosophers Moves beyond traditional textbooks that conclude with Aristotle A uniquely balanced organization of exposition, choice excerpts and commentary, informed by classroom feedback Contextual commentary traces the development of lines of thought through the period, ideal for students new to the discipline (...) Can be used in conjunction with the online resources found at http://tomblackson.com/Ancient/toc.html. (shrink)

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)

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)

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

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)

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)

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)

Capacitarianism says that an agent can be non-derivatively blameworthy for wrongdoing if at the time of their conduct the agent lacked awareness of the wrong-making features of their conduct but had the capacity to be aware of those features. In this paper, I raise three objections to capacitarianism in relation to its verdict of the culpability of so-called “slips” and use these objections to support a rival (“accessibility internalist”) view which requires awareness of wrong-making features for non-derivative blameworthiness. The objections (...) are that (1) the rival internalist view is just as capable of explaining the culpability of paradigm cases of slips; (2) there are some cases of slips without dispositional awareness of wrong-making features that capacitarians wrongly deem culpable; and (3) capacitarianism cannot adequately ground the reasonable expectation to avoid slips (as Fernando Rudy-Hiller has argued). I then argue that an internalist can simultaneously ground a reasonable expectation to avoid slips and account for slips’ culpability by pointing to the satisfaction of a novel epistemic condition: it is (dispositionally) obvious to the slipping agent that they need to pay enough attention to what they are doing, and how to pay enough attention, to reliably achieve the goal that they have set out to achieve. (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)

Present-day thought on the notion of species is troubled by a mistaken understanding of the nature of the issue: while the species problem is commonly understood as concerning the epistemology and ontology of one single scientific concept, I argue that in fact there are multiple distinct concepts at stake. An approach to the species problem is presented that interprets the term ‘species’ as the placeholder for four distinct scientific concepts, each having its own role in biological theory, and an explanation (...) is given of the concepts involved. To illustrate how these concepts are commonly conflated, two widely accepted ideas on species are criticized: species individualism and species pluralism. I argue that by failing to distinguish between the four concepts and their particular roles in contemporary biological theory, these ideas stand in the way of a final resolution of the species problem. (shrink)

"Unabridged and unaltered republication of the work originally published ... in 1950." Bibliographical footnotes.

Recent ethnographic studies of lived ethics, such as those of Leela Prasad and Saba Mahmood, present valuable opportunities for comparative religious ethics. This essay argues that developments in philosophical and religious ethics over the last three decades have supported a strong interest in thick descriptions of what it means to be human. This anthropological turn has thereby laid important groundwork for the encounter between these scholars and new ethnographic studies. Nonetheless, an encounter it is. Each side brings novel questions to (...) the other. The second part of the essay focuses on one of these questions: How, exactly, are these ethnographic studies to inform normative reflection on ethical questions? (shrink)

Attending closely to Hegel's social, political, and intellectual context, the book begins with Hegel's early concerns with a modern civil religion in the ...

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)

In Civic Liberalism, prominent political theorist Thomas A. Spragens, Jr. asserts that most versions of democratic ideals—libertarianism, liberal egalitarianism, difference liberalism, and the liberalism of fear—lead our polity significantly astray. Spragens offers another alternative. He argues that we should recover the multiple and complex aspirations found within the tradition of democratic liberalism and integrate them into a more compelling public philosophy for our time—or what he calls civic liberalism.

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 essay offers a diagnosis of what may be at stake in the current preoccupation with defining science‐based educational research. The diagnosis unfolds in several readings: The first is a charitable and considerate appraisal that draws attention to the fact that advocating experimental methods as important to a science of educational research is not an inherently evil thing to do. Subsequent readings are grimmer, suggesting more deleterious consequences of the science‐based research movement for the entire enterprise of educational practice and (...) research. The central thesis of the essay is that making arguments about method and science the focal point in the current quarrel may be largely beside the point. Instead, educational researchers should join the political and public conversation about the place of educational science in society and about how science is both implicated in and confronts the politics of what counts as knowledge. (shrink)

In this target article we question the assumption that perception is divided into separate domains of vision, hearing, touch, taste, and smell. We review implications of this assumption for theories of perception and for our understanding of ambient energy arrays (e.g., the optic and acoustic arrays) that are available to perceptual systems. We analyze three hypotheses about relations between ambient arrays and physical reality: (1) that there is an ambiguous relation between ambient energy arrays and physical reality, (2) that there (...) is a unique relation between individual energy arrays and physical reality, and (3) that there is a redundant but unambiguous relation, within or across arrays, between energy arrays and physical reality. This is followed by a review of the physics of motion, focusing on the existence and status of referents for physical motion. Our review indicates that it is not possible, in principle, for there to be a unique relation between physical motion and the structure of individual energy arrays. We argue that physical motion relative to different referents is specified only in the global array, which consists of higher-order relations across different forms of energy. The existence of specificity in the global array is consistent with the idea of direct perception, and so poses a challenge to traditional, inference-based theories of perception and cognition. However, it also presents a challenge to much of the ecological approach to perception and action, which has accepted the assumption of separate senses. (shrink)

This paper explores how work in the philosophy of science can be used when teaching scientific content to science students and when training future science teachers. I examine the debate on the concept of fitness in biology and in the philosophy of biology to show how conceptual pluralism constitutes a problem for the conceptual change model, and how philosophical work on conceptual clarification can be used to address that problem. The case of fitness exemplifies how the philosophy of science offers (...) tools to resolve teaching difficulties and make the teaching of scientific concepts more adequate to the actual state of affairs in science. (shrink)

This chapter examines the status of psychopathy as a scientific kind. I argue that the debate on the question whether psychopathy is a scientific kind as it is conducted at present (i.e., by asking whether psychopathy is a natural kind), is misguided. It relies too much on traditional philosophical views of what natural kinds (or: legitimate scientific kinds) are and how such kinds perform epistemic roles in the sciences. The paper introduces an alternative approach to the question what scientific (or: (...) natural) kinds are. On this alternative approach, the Grounded Functionality Account of natural kinds, psychopathy emerges as a “good” scientific kind that is best understood as a region on a multidimensional space of behaviors rather than as a traditional natural kind. (shrink)

Building on influential work in virtue ethics, this collection of essays examines the categories of self, person, and anthropology as foci for comparative analysis. The papers unite reflections on theory and method with descriptive work that addresses thinkers from the modern West, Christian and Jewish Late Antiquity, early China, and other settings. The introduction sets out central methodological issues that are subsequently taken up in each essay, including the origin of the categories through which comparison proceeds, the status of these (...) categories in the process of comparison, and the goals of comparison. In considering the question of goals, the introduction draws connections between comparative study and historical study within one tradition. Both types of analysis can bridge the gap between historical and normative work by attending to the ways in which the questions a scholar asks - not just the answers found - vary from one context to another. (shrink)