This is a volume of twelve essays concerning the fundamental tension in personalised medicine between individual choice and the common good.

This article offers a legal-ethical analysis of recent UK and Dutch proposals to regulate surrogacy proactively through a national system of pre-conception authorization of surrogacy agreements. Wi...

In the case of surrogacy, it is not new biotechnologies themselves that have challenged well-established principles in law and ethics, but rather political and social phenomena such as commodification of women’s reproductive tissue and labour, demands to allow new ways of forming families and (before Covid-19, at least) the comparative ease of international travel that enabled cross-border surrogacy to develop into a market valued at up to $2 billion annually in India alone as of 2016 (Dickenson 2016, citing an estimate (...) from The Indian National Commission for Women). This phenomenon stands the usual truth on its head: it is not new technologies but new pressures that have challenged the existing law and ethics of surrogate motherhood. (shrink)

This edited volume covers new ground by bringing together perspectives from symbolic legislation theory on the one hand, and from biolaw and bioethics on the other hand. Symbolic legislation has a bad name. It usually refers to instances of legislation which are ineffective and that serve other political and social goals than the goals officially stated. Recently, a more positive notion of symbolic legislation has emerged in legislative theory. From this perspective, symbolic legislation is regarded as a positive alternative to (...) the more traditional, top-down legislative approach. The legislature no longer merely issues commands backed up with severe sanctions, as in instrumental legislation. Instead, lawmakers provide open and aspirational norms that are meant to change behavior not by means of threat, but indirectly, through debate and social interaction. Since the 1990s, biomedical developments have revived discussions on symbolic legislation. One of the reasons is that biomedical legislation touches on deep-rooted, symbolic-cultural representations of the biological aspects of human life. Moreover, as it is often impossible to reach consensus on these controversial questions, legislators have sought alternative ways to develop legal frameworks. Consequently, communicative and interactive approaches to legislation are prominent within the governance of medical biotechnology. The symbolic dimensions of biolaw are often overlooked. Yet, it is clear that the symbolic is at the heart of many legal-political debates on bioethical questions. Since the rise of biomedical technologies, human body materials have acquired a scientific, medical and even commercial value. These new approaches, which radically question existing legal symbolizations of the human body, raise the question whether and how the law should continue to reflect symbolic values and meanings. Moreover, how can we decide what these symbolic values are, given the fact that we live in a pluralistic society? (shrink)

Over 30 million people worldwide have taken a commercial at-home DNA test, because they were interested in their genetic ancestry, disease predisposition or inherited traits. Yet, these consumer DNA data are also increasingly used for a very different purpose: to identify suspects in criminal investigations. By matching a suspect’s DNA with DNA from a suspect’s distant relatives who have taken a commercial at-home DNA test, law enforcement can zero in on a perpetrator. Such forensic use of consumer DNA data has (...) been performed in over 200 criminal investigations. However, this practice of so-called investigative genetic genealogy raises ethical concerns. In this paper, we aim to broaden the bioethical analysis on IGG by showing the limitations of an individual-based model. We discuss two concerns central in the debate: privacy and informed consent. However, we argue that IGG raises pressing ethical concerns that extend beyond these individual-focused issues. The very nature of the genetic information entails that relatives may also be affected by the individual customer’s choices. In this respect, we explore to what extent the ethical approach in the biomedical genetic context on consent and consequences for relatives can be helpful for the debate on IGG. We argue that an individual-based model has significant limitations in an IGG context. The ethical debate is further complicated by the international, transgenerational and commercial nature of IGG. We conclude that IGG should not only be approached as an individual but also—and perhaps primarily—as a collective issue. There are no data in this work. (shrink)

Millions of human biological samples are stored worldwide for medical research or treatment purposes. These biospecimens are of enormous potential value to law enforcement as DNA profiles can be obtained from these samples. However, forensic use of such biospecimens raises a number of ethical questions. This article aims to explore ethical issues of using human bodily material in medical biobanks for crime investigation and prosecution purposes. Concerns about confidentiality, trust, autonomy and justice will be discussed. We explore how to balance (...) these concerns against the importance of crime solving. Relevant case examples of forensic use of medical biobanks show that requests by law enforcement to access biobanks are handled in disparate ways. We identify some core ethical issues and conclude that further research on these issues is needed to provide ethical guidance. (shrink)

Should high‐income countries engage in solar geoengineering research and possible deployment? On the assumption that the speed of the energy transition will be insufficient to abate catastrophic climate impacts, research into solar geoengineering begins to look like a technically and socially feasible route to mitigate such impacts. But on the assumption that a rapid and relatively just energy transition is still within the realm of political possibility, research into solar geoengineering looks more like an ideological tool designed to divert time (...) and resources from less risky climate solutions. At the heart of debates over solar geoengineering, then, is disagreement over what political actors can be expected to do in the future. In this article, I argue that both objectors to and proponents of solar geoengineering research often make background assumptions regarding expected future actions that are either (a) inaccurate or (b) inconsistent. I propose an account of expected future actions that avoids these problems and sketch what the debate over solar geoengineering looks like with these assumptions in place. (shrink)

Metaphors abound in descriptions of the COVID-19 pandemic: it is described, among other things, as a war, a flood, and a marathon. However, not all metaphors may resonate equally well with members...

Der kommunikative Vernunftbegriff von Jürgen Habermas ist mit spezifischen sozio-ökonomischen Problemen behaftet, die eine gesellschaftstheoretische Flankierung notwendig machen.

How do we switch between “playing along” and treating robots as technical agents? We propose interaction breakdowns to help solve this “social artifact puzzle”: Breaks cause changes from fluid interaction to explicit reasoning and interaction with the raw artifact. These changes are closely linked to understanding the technical architecture and could be used to design better human–robot interaction (HRI).

The aim of this study was to conduct an interpretative phenomenological analysis exploring the experiences of differently abled first-year students from a psychofortological perspective. Ryff’s psychological well-being model was used as a theoretical underpinning. Through the course of an academic year, three male participants completed semi-structured interviews and reflective writing exercises. Data were analysed using interpretative phenomenological analysis. A cross-case analysis yielded themes related to participants’ dynamic processes of finding purpose, direction and independence, as well as belonging, positive relations, self-acceptance (...) and mastery. Collectively, the findings demonstrated how the participants moved from viewing themselves as disabled to differently abled, and that, despite numerous challenges, psychological well-being can be facilitated through the first-year higher education experience. (shrink)

Die philosophische Rede von der Schuld umgreift ein breites Bedeutungsspektrum, von der Existenz- und Religionsphilosophie bis zur Ästhetik. Hegel bestimmt den Begriff der Schuld jedoch vornehmlich im Zusammenhang seiner Lehre von der Handlung als einem konstitutiven Bestandteil seiner Moralitätskonzeption. Zentraler Gegenstand dieser Untersuchung sind deshalb Hegels Grundlinien der Philosophie des Rechts; sie bezieht jedoch auch handlungstheoretische Aspekte der Phänomenologie des Geistes, der Vorlesungen über die Philosophie der Weltgeschichte sowie der Wissenschaft der Logik ein. Die Auseinandersetzung mit dem von Hegel begründeten (...) und mit seiner Schuld- und Strafkonzeption untrennbar verwobenen Begriff der Handlung erfolgt jedoch nicht im rein philosophiehistorischen Interesse, sondern sie erweist Hegels Handlungskonzeption mit Blick auf aktuelle Diskussionen innerhalb der Rechtswissenschaft als bedeutenden historisch-systematischen Bezugspunkt sowie als mitunter notwendiges Korrektiv."--Publisher's website. (shrink)

This paper argues that there are three distinct senses of possibility at play in the Republic’s discussion of whether the best city is possible: natural possibility, possibility for existing cities, and ideal possibility. It is argued that Socrates makes different claims about each of the three political proposals in Book v. (1) Women guardians are argued to be naturally possible. (2) Socrates considers it an open question whether the common family of guardians (the so-called ‘community of women and children’) is (...) naturally possible. He argues, however, that it is ideally possible. (3) The philosopher-king is claimed to be possible in the strongest sense: it is not only naturally possible, it is also possible for existing cities. It is for this reason that the common family of guardians is ideally possible. This clarifies the sense in which the best city is best. (shrink)

Medical imaging has provided insight into the living body that were not possible beforehand. With these methods a revolution in medical diagnosis and biomedical research has begun. Problematic aspects on the other hand are arising from the highly constructive properties of image production, which use complicated physical and physiological effects. Images are established via highly complicated combinations of technology and contingently chosen mathematical and algorithmic solutions. In addition, image construction follows properties of the human visual and cognitive system to allow (...) for the discrimination of the desired categories. It is no wonder that the visualizations referring to the body also show effects which have no physiological correlation within the body. Still such images are often used as if they were one-to-one correlates of the body. This has impacts, e.g. for their use as standardizing instances, resulting in new definitions of the normed healthy body, sickness or pathologies, maleness and femaleness and in determinisms as opposed to the brain's plasticity and variability, both in time and space, inter- as well as intra-individually. (shrink)

Jesus' option for the poor should be reclaimed in a clear theological and ecclesial option for the dumping sites of our cities and towns. That is the basic proposal of this article. Reflecting upon three different dumping sites - different in size, age and history - this article will explore the central thread of material and human waste, often dealt with almost as synonymous, concentrated and overlapping in these marginal spaces. It will additionally explore the theological and ecclesial challenges, but (...) also possible opportunities, visions and gifts presented by them. The paradoxical interconnectedness between waste management and sanitised cities will be considered, as well as its relation to mediating or denying human dignity. The stories of Smokey Mountain in Manila, the Zabbaleen community in Mokattam Village, Cairo, and the Hulene Dump in Maputo, will be presented as part of this reflection. They will be read as mirrors to the proliferation of similar dumping sites on the fringes of South African cities. An outline is offered for a theological-ecclesial praxis emerging from the dumping sites, as well as a retrieval of possible contributions from these sites to the broader urban public theological reflection. (shrink)

Die Kategorie des Menschseins wird aufgrund wechselnder Wissensbestände und Orientierungskrisen immer wieder neu bestimmt. Das Ästhetische ist damit eng verbunden. 'Aisthesis' ist erstens eine Form der sinnlichen und empfindenden Wahrnehmung, ein vorrationaler 'way of worldmaking' (Nelson Goodman), der den Bezug des Menschen zu sich und seiner Welt moduliert. Ästhetische Vorstellungen grundieren zweitens aber auch die Idee des Humanen und die Normen menschlicher Handlungs-weisen. Und drittens sind ästhetische Erkenntnis- und Ausdrucksformen Teil eines 'selbstgesponnenen Bedeutungsgewebes' (Clifford Geertz) der Kultur, das die Grenzen (...) und das 'Andere' des Menschen bestimmt. Der interdisziplinäre Sammelband vereint aus verschiedenen Fächern und Forschungsperspektiven heraus Einblicke in die Wechselwirkungen zwischen anthropologischen Fragestellungen und ästhetischen Formationen. Mit Beiträgen von Horst Bredekamp, Steffen Martus, Martin Seel, Christoph Wulf, Elisabeth Timm u.a. (shrink)