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)

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 ‘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)

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)

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)

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 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.

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

A major issue in philosophical debates on the species problem concerns the opposition between two seemingly incompatible views of the metaphysics of species: the view that species are individuals and the view that species are natural kinds. In two recent papers in this journal, Olivier Rieppel suggested that this opposition is much less deep than it seems at first sight. Rieppel used a recently developed philosophical account of natural kindhood, namely Richard Boyd’s “homeostatic property cluster” theory, to argue that every (...) species taxon can be conceived of as an individual that constitutes the single member of its own specific natural kind. In this paper I criticize Rieppel’s approach and argue that it does not deliver what it is supposed to, namely an account of species as kinds about which generalized statements can be made. (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)

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 ...

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)

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

Recently, Barbara Renzi argued that Kuhn's account of scientific change is undermined by mismatches in the analogy that Kuhn supposedly draws between scientific change and biological evolution. We argue that Renzi's criticism is inadequate to Kuhn's account of scientific change, as Kuhn does not draw any precise analogy between the mechanisms of scientific change and biological evolution nor aims to argue that the mechanisms of scientific change and biological evolution are similar in any important respects. Therefore, pointing to mismatches between (...) the central concepts that feature in the descriptions of the two phenomena simply misses the point of Kuhn's analogy. *Received January 2010; revised January 2010. †To contact the authors, please write to: Thomas A. C. Reydon, Leibniz Universität Hannover, Im Moore 21, D‐30167 Hannover, Germany; e‐mail: [email protected]‐hannover.de. (shrink)

An examination of Carnap's Aufbau in the context of Schlick's Allgemeine Erkenntnislehre of ten years earlier, suggests that Carnap's focus there on the sign-relation (Zeichenbeziehung) is an effort to retrieve a verificationist account of the meaning of individual scientific statements from the abyss of meaning-holism entailed by Schlick's proposal that scientific concepts be implicitly defined. The Aufbau's antipodal aspects, its reductive phenomenalism and quasi-Kantian concern with the constitution of objectivity, are seen as complementary moments of the marriage of empiricism and (...) a new emphasis on scientific concepts as "free creations of the human mind". (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)

Recently Coleman and Wiley presented a new defense of the species-are-individuals thesis, based on an analysis of the use of binomial species names by biologists. Here I point out some problems in their defense and I argue that although in some domains of biological science species are best understood as individuals, Coleman and Wiley fail to establish that this is true for the whole of biology.

Despite many years of discussion, the species problem has still not been adequately resolved. Why is this the case? Here I discuss two recent suggested answers to this question that place the blame on the species problem's empirical aspects or on its philosophical aspects. In contrast, I argue that neither of these two faces of the species problem constitute the principal cause of the species problem's persistence. Rather, they are merely symptoms of the real cause: the species problem has not (...) yet gone away because of a failure to recognize that not one but a number of distinct concepts are at the heart of the problem. To illustrate this point, a recently proposed solution to the problem is examined: the suggestion to understand the concept of species as a family resemblance concept. BioEssays 26:300–305, 2004. © 2004 Wiley Periodicals, Inc. (shrink)

Natural kinds have been a constant topic in philosophy throughout its history, but many issues pertaining to natural kinds still remain unresolved. This paper considers one of these issues: the epistemic role of natural kinds in scientific investigation. I begin by clarifying what is at stake for an individual scientific field when asking whether or not the field studies a natural kind. I use an example from life science, concerning how biologists explain the similar body shapes of fish and cetaceans, (...) to show that natural kinds play a central epistemic role in scientific explanations that cannot be delegated to other explanatory factors. A task for philosophy, then, is to come up with a theory of natural kinds that adequately accounts for the epistemic role of natural kinds in science. After having sketched the spectrum of available philosophical theories of natural kinds, I argue that none of the available theories adequately performs this task and that therefore the search is still open for a theory that does. (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)

In lieu of an abstract, here is a brief excerpt of the content:A Response to Roger Mantie, Book Review, Thomas A. Regelski, A Brief Introduction to a Philosophy of Music and Music Education as Social Praxis in Philosophy of Music Education Review 24, no. 2 (Fall, 2016): 213–219.Thomas A. RegelskiWhile I am appreciative of Roger Mantie’s generous compliments about my past scholarship, his review is often misleading and philosophically misinformed. In particular, what he refers to as my “editorialized, (...) overview of the history of aesthetics,”1 I clearly describe as a critical philosophy2 of the aesthetic theory of art according to recent philosophy of art.3Kantian aesthetic theory was not a theory of art.... It is primarily a theory of free beauty and of the sublime, of our responses to flowers and cascades and the starry sky at night.... [I]t is hotly disputed and probably false.... [T]he theory hardly suffices to characterize art in general, for the obvious reason that art as we know it is not divorced from the rest of society.4Therefore distinguishing between an aesthetic rationale for justifying school music and a philosophy of music education is vitally important. [End Page 99]The legitimation crisis facing music education in today’s schools (viz., declining schedules and resources) is one result of taken-for-granted belief by many teachers of music’s automatic aesthetic benefits as their supposition for advocating its inclusion in schooling. Such a tacit belief assumes, with Kant, that “being in an aesthetic state is as easy as rolling off a log, and, furthermore, it is available to everyone.”5 It supposedly occurs spontaneously in the presence of so-called “aesthetic properties.” According to analytic aesthetics, these properties qualify the “autonomania”6 (spelled incorrectly in the review) of music’s “for its own sake” value, and its “sacralization” (also misspelled) as a spiritual source of veneration. Unfortunately, the autonomy of school music from music’s social roots and role, under the aegis of an aesthetic paradigm, drastically limits its contribution to the general education of all students.Moreover, my position on what music “is” and “is good for” does not represent the “is/ought fallacy,” as Mantie mistakenly asserts.7 That fallacy in ethics depends on an unwarranted deduction from “is” (fact, description) to “ought” (value, norm)8 which is not at stake in my discussion. A Finnish child came home upset that he had left his “notes” on the tram. In English, he probably would have bemoaned leaving his “music” behind. Teachers who are content to stress mainly notation can miss “the music” (for example, what is meant when judging a performance to be unmusical). The “ersatz Kantian theory of art”9 postulates that art and music are created to evoke the aesthetic responses the theory hypothesizes (according to an aesthetic attitude, disinterestedness, free beauty, and many other putative criteria). When, instead, viewing music’s origins and purposes (for example, as in anthropology and ethnomusicology) as always social in meaning, consequences, and worth, then teaching that stresses music’s sociality (not its autonomy) is promoted and becomes a warranted curricular goal.Moreover, the aesthetic experiences postulated by aesthetic theory are covert, thus lacking empirical evidence of teaching or learning effectiveness, or for curricular planning! Their effects are just presumed. In praxis-based teaching, instead, results are amply observable to learners (thus motivating), to administrators (thus promoting curricular support), and to parents (thus for taxpayers). This is all the more the case when musicing is chosen as “worthwhile” (that is, literally, “good time”) after school and graduation: the ongoing disposition to engage in musicing is thus my praxial definition of music appreciation. All this is argued in my book, but is neglected in the review, except where, in minimizing the effects of the resulting legitimation crisis facing music educators, Mantie concedes that school music has “almost always been contested and fragile”10—as though it has not progressively suffered from recent trends (No Child Left Behind Act in the US, common core, testing mania, and so on). [End Page 100]Mantie proposes that because musical praxes exist in society does not justify their inclusion as part of school music.11 That leaves out a lot of commonplace... (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)