This article critically examines the plain exit principle of Kukathas that argues as the best system to conciliate the demands of belonging to an indigenous culture and the right to dissent from their women members. We first review the tension between feminism of equality and the situation of indigenous women with their internal cultures. Second, we explore the thesis of Kukathas for conclude that it alone is not enough. Finally, it analyses an alternative solution that overlapping the right of exit, (...) a model of multicultural jurisdictions and adequate conception of deliberative democracy. (shrink)
Se analiza la presencia de la noci.n de “estado de naturaleza” en los teólogos y juristas españoles del siglo XVI, mostrando las diferencias y semejanzas entre cuatro temas que antecedieron a la formaci.n del concepto: el estado de inocencia original, las consecuencias del pecado original en la naturaleza humana, la hipótesis de un pacto legitimador de la autoridad política y la hipótesis teológica de la naturaleza pura. A partir de este análisis, se proponen algunos criterios para delimitar el concepto de (...) estado de naturaleza. (shrink)
RESUMEN Se analiza la presencia de la noción de "estado de naturaleza" en los teólogos y juristas españoles del siglo XVI, mostrando las diferencias y semejanzas entre cuatro temas que antecedieron a la formación del concepto: el estado de inocencia original, las consecuencias del pecado original en la naturaleza humana, la hipótesis de un pacto legitimador de la autoridad política y la hipótesis teológica de la naturaleza pura. A partir de este análisis, se proponen algunos criterios para delimitar el concepto (...) de estado de naturaleza. ABSTRACT The article analyzes the presence of the notion of "state of nature" in 16th century Spanish theologians and jurists, showing the similarities and differences among four topics that preceded the formation of that concept: the state of original innocence, the consequences of original sin for human nature, the hypothesis regarding a contract that legitimizes political authority, and the theological hypothesis of pure nature. On the basis of this analysis, the paper goes on to propose some criteria to define the state of nature. (shrink)
Risk management of nanotechnology is challenged by the enormous uncertainties about the risks, benefits, properties, and future direction of nanotechnology applications. Because of these uncertainties, traditional risk management principles such as acceptable risk, cost–benefit analysis, and feasibility are unworkable, as is the newest risk management principle, the precautionary principle. Yet, simply waiting for these uncertainties to be resolved before undertaking risk management efforts would not be prudent, in part because of the growing public concerns about nanotechnology driven by risk perception (...) heuristics such as affect and availability. A more reflexive, incremental, and cooperative risk management approach is required, which not only will help manage emerging risks from nanotechnology applications, but will also create a new risk management model for managing future emerging technologies. (shrink)
Like all technologies, nanotechnology will inevitably present risks, whether they result from unintentional effects of otherwise beneficial applications, or from the malevolent misuse of technology. Increasingly, risks from new and emerging technologies are being regulated at the international level, although governments and private experts are only beginning to consider the appropriate international responses to nanotechnology. In this paper, we explore both the potential risks posed by nanotechnology and potential regulatory frameworks that law may impose. In so doing, we also explore (...) the various rationales for international regulation including the potential for cross-boundary harms, sharing of regulatory expertise and resources, controlling protectionism and trade conflicts, avoiding a “race to the bottom” in which governments seek economic advantage through lax regulation, and limiting the “nano divide” between North and South. Finally, we examine some models for international regulation and offer tentative thoughts on the prospects for each. (shrink)
Health care is transitioning from genetics to genomics, in which single-gene testing for diagnosis is being replaced by multi-gene panels, genome-wide sequencing, and other multi-genic tests for disease diagnosis, prediction, prognosis, and treatment. This health care transition is spurring a new set of increased or novel liability risks for health care providers and test laboratories. This article describes this transition in both medical care and liability, and addresses 11 areas of potential increased or novel liability risk, offering recommendations to both (...) health care and legal actors to address and manage those liability risks. (shrink)
There is much we do not know about nanotechnology. Despite its tremendous promise, nanotechnology today is mostly forecast and fervent hope. Predictions that spending on nanotechnology will increase from current levels of $13 billion to more than $1 trillion by 2015 are no more than that – simply predictions. Hopes that nanotechnology will be an essential part of solving the globe's energy, food, and water problems should be tempered by recalling a century of revolutionary technologies that failed to live up (...) to their early promise such as nuclear energy, supersonic airplanes, or gene therapy. Many other questions continue to nip at nanotechnology's heels, not the least of which are debates about what is and is not technically feasible. Despite these uncertainties, we can have complete confidence in one aspect of nanotechnology's future – it will be subject to a host of regulations. (shrink)
Scientific research is subject to a number of regulations which impose incidental (time, place), rather than substantive (type of research), restrictions on scientific research and the knowledge created through such research. In recent years, however, the premise that scientific research and knowledge should be free from substantive regulation has increasingly been called into question. Some have suggested that the law should be used as a tool to substantively restrict research which is dual-use in nature or which raises moral objections. There (...) are, however, some problems with using law to restrict or prohibit certain types of scientific research, including (i) the inherent imprecision of law for regulating complex and rapidly evolving scientific research; (ii) the difficulties of enforcing legal restrictions on an activity that is international in scope; (iii) the limited predictability of the consequences of restricting specific branches of scientific research; (iv) inertia in the legislative process; and (v) the susceptibility of legislators and regulators to inappropriate factors and influence. Rather than using law to restrict scientific research, it may be more appropriate and effective to use a combination of non-traditional legal tools including norms, codes of conduct, restrictions on publication, and scientist-developed voluntary standards to regulate problematic scientific research. (shrink)
As policy makers struggle to develop regulatory oversight models for nanotechnologies, there are important lessons that can be drawn from previous attempts to govern other emerging technologies. Five such lessons are the following: public confidence and trust in a technology and its regulatory oversight is probably the most important factor for the commercial success of a technology; regulation should avoid discriminating against particular technologies unless there is a scientifically based rationale for the disparate treatment; regulatory systems need to be flexible (...) and adaptive to rapidly changing technologies; ethical and social concerns of the public about emerging technologies need to be expressly acknowledged and addressed in regulatory oversight; and international harmonization of regulation may be beneficial in a rapidly globalizing world. (shrink)
Nanotechnology is the latest in a growing list of emerging technologies that includes nuclear technologies, genetics, reproductive biology, biotechnology, information technology, robotics, communication technologies, surveillance technologies, synthetic biology, and neuroscience. As was the case for many of the technologies that came before, a key question facing nanotechnology is what type of regulatory oversight is appropriate for this emerging technology. As two of us wrote several years ago, the question facing nanotechnology is not whether it will be regulated, but when and (...) how.Yet, appropriate regulation of nanotechnology will be challenging. The term “nanotechnology” incorporates a broad, diverse range of materials, technologies, and products, with an even greater spectrum of potential risks and benefits. This technology slashes across the jurisdiction of many existing regulatory statutes and regulatory agencies, and does so across the globe. Nanotechnology is developing at an enormously rapid rate, perhaps surpassing the capability of any potential regulatory framework to keep pace. Finally, the risks of nanotechnology remain largely unknown, both because of the multitude of variations in the technology and because of the limited applicability of traditional toxicological approaches such as structure-activity relationship to nanotechnology products. (shrink)
As the health care system transitions to a precision medicine approach that tailors clinical care to the genetic profile of the individual patient, there is a potential tension between the clinical uptake of new technologies by providers and the legal system's expectation of the standard of care in applying such technologies. We examine this tension by comparing the type of evidence that physicians and courts are likely to rely on in determining a duty to recommend pharmacogenetic testing of patients prescribed (...) the oral anti-coagulant drug warfarin. There is a large body of inconsistent evidence and factors for and against such testing, but physicians and courts are likely to weigh this evidence differently. The potential implications for medical malpractice risk are evaluated and discussed. (shrink)
The readiness of Buddhists to dialogue with and embrace modern science has caused some to worry that this encounter will deform Buddhist traditions for the sake of acceptance by the West. But their strong tradition of epistemological skepticism and intellectual pluralism makes it unlikely that Buddhists will embrace scientific positivism. Given the tensions between religion and science in contemporary western society, it is perhaps this feature of Buddhism that can make the most fruitful contribution in its dialogue with science.
Clinical trials of nanotechnology medical products present complex risk management challenges that involve many uncertainties and important risk-risk trade-offs. This paper inquires whether the precautionary principle can help to inform risk management approaches to nanomedicine clinical trials. It concludes that prudent precaution may be appropriate for ensuring the safety of such trials, but that the precautionary principle itself, especially in its more extreme forms, does not provide useful guidance for specific safety measures.
In this paper, a survey is presented of the main approaches to the structure of argumentation. The paper starts with a historical overview of the distinctions between various types of argument structure. Next, the main definitions given in the various approaches are discussed as well as the methods that are proposed to deal with doubtful cases.
Medical technologies, including nanomedicine products, are intended to improve health but in many cases may also create their own health risks. Medical products that create their own health risks differ from most other risk-creating technologies in that the very purpose of the medical technology is to prevent or treat health risks. This paradox of technologies intended to reduce existing risks that may have the effect of creating new risks has two conflicting implications. On one hand, we may be more tolerant (...) of health risks from medical technologies because these products are intended to, and often do, reduce overall health risks and improve our health. The health benefits of a medical technology may outweigh the unavoidable adverse effects of that same technology in an individual patient or in the overall treated population. (shrink)
A recent line of argumentation research has focused on the examination of prototypical argumentative patterns – patterns that can be theoretically expected in view of the type of standpoint defended, the institutional aim, and the conventions and constraints of the context. This paper aims to add a new dimension to both this line of research and research on health communication by determining whether the prototypical types of argumentation in consultations about palliative systemic treatment for advanced cancer are stereotypical as well, (...) that is, whether they are dominant in a quantitative sense. For this purpose, a valid and reliable measurement instrument is developed and used in a content analysis of the transcripts of 49 consultations. On the basis of the results of this analysis, it can be concluded that the use of symptomatic and pragmatic argumentation is stereotypical in this type of consultations. (shrink)
In English discourse one can find cases of the expression ‘not for nothing’ being used in argumentation. The expression can occur both in the argument and in the standpoint. In this chapter we analyse the argumentative and rhetorical aspects of ‘not for nothing’ by regarding this expression as a presentational device for strategic manoeuvring. We investigate under which conditions the proposition containing the expression ‘not for nothing’ functions as a standpoint, an argument or neither of these elements. It is also (...) examined which type of standpoint and which types of argument scheme the expression typically co-occurs with. In doing so we aim to develop a better understanding of the role and effects of ‘not for nothing’ when used in argumentation. Finally, we show that the strategic potential of ‘not for nothing’ lies in its suggestion that sufficient support has been provided while this support has in fact been left implicit. (shrink)
This paper starts by establishing a prima facie case that disadvantaged groups or individuals are more likely to get a chronic disease and are in a disadvantaged position to adhere to chronic treatment despite access through Universal Health Coverage. However, the main aim of this paper is to explore the normative implications of this claim by examining two different but intertwined argumentative lines that might contribute to a better understanding of the ethical challenges faced by chronic disease health policy. The (...) paper develops the argument that certain disadvantages which may predispose to illness might overlap with disadvantages that may hinder self-management, potentially becoming disadvantageous in handling chronic disease. If so, chronic diseases may be seen as disadvantages in themselves, describing a reproduction of disadvantage among the chronically ill and a vicious circle of disadvantage that could both predict and shed light on the catastrophic health outcomes among disadvantaged groups—or individuals—dealing with chronic disease. (shrink)
In this paper it is first investigated to what extent the institutional goal and basic principles of shared decision making are compatible with the aim and rules for critical discussion. Next, some techniques that doctors may use to present their own treatment preferences strategically in a shared decision making process are discussed and evaluated both from the perspective of the ideal of shared decision making and from that of critical discussion.
:In this paper, the influence of speech act theory and Grice’s the- ory of conversational implicature on the study of argumentation is discussed. First, the role that pragmatic insights play in van Eemeren and Grootendorst’s pragma-dialectical theory of argumentation and Jackson and Jacobs’ conver- sational approach to argumentation is described. Next, a number of examples of recent work by argumentation scholars is presented in which insights from speech act theory play a prominent role.
This paper investigates the role that the stylistic device of praeteritio (or paralipsis) can play in arguers’ attempts to reconcile their rhetorical with their dialectical aims by manoeuvring strategically when carrying out particular discussion moves of the dialectical procedure for resolving a dispute. First, attention will be paid to the ways in which praeteritio can be realized in discourse. Next, an analysis is given of the effects the use of praeteritio may have as a result of the presentational means that (...) are employed. This analysis will be used to establish the possibilities for strategic manoeuvring with this device in the different stages of an argumentative discussion. Finally, an indication is given of how the types of strategic manoeuvring that a praeteritio can be instrumental in may derail, and in which violations of the rules for critical discussion such derailed manoeuvrings may result. (shrink)
The idea that natural languages shape the way we think in different ways was popularized by Benjamin Whorf, but then fell out of favor for lack of empirical support. But now, a new wave of research has been shifting the tide back toward linguistic relativity. The recent research can be interpreted in different ways, some trivial, some implausibly radical, and some both plausible and interesting. We introduce two theses that would have important implications if true: Habitual Whorfianism and Ontological Whorfianism. (...) We argue that these offer the most promising interpretations of the emerging evidence. (shrink)
Shared medical decision-making has been analyzed as a particular kind of argumentative discussion. In the pragma-dialectical argumentation theory, different types of conditions and rules are formulated for the ideal of a reasonable argumentative discussion. In this paper, we shall first show how making use of the distinctions made in the pragma-dialectical theory between different types of conditions for reasonable discussion can help to give a more systematic account of the obstacles that need to be overcome for shared decision-making to be (...) successful. Next, by referring to the rules for critical discussion, we shall provide a more detailed explanation than can be found in the literature on health communication of why certain types of conduct of the participants in the medical encounter can be analyzed as obstacles to the goal of shared decision-making. (shrink)
This article provides an analysis of the ethical behavior of managers making goodwill impairment decisions following the adoption of the International Financial Reporting Standard 3 on Business Combinations. Replacing the systematic amortization of goodwill with the impairment-only approach has been a highly controversial step. Although the aim of IFRS 3 was to provide users with more value-relevant information regarding the underlying economics of the business, it has been criticized for the potential earnings management inherent in impairment testing. This study is (...) based on a sample of Spanish-listed companies between 2005 and 2011, a period that embraces the economic crisis. After controlling for the underlying economic factors of the firms, the results suggest that managers are exercising discretion in the reporting of goodwill impairment losses, and big bath and smoothing strategies are influencing the decisions, whether or not to impair goodwill and about the magnitude of the impairment. Firm size is an attribute that appears significant in the analysis, suggesting that the cost and complexity of running the impairment test affect managers’ decisions. Additional analyses suggest that the macroeconomic environment influences opportunistic and unethical behaviors. (shrink)
En este articulo se examina la tradicional caracterización de la filosofía de la ciencia como una disciplina normativa. Se discuten varias concepciones de esta disciplina, cada una de las cuales ofrece una respuesta diferente a la pregunta de si es posible, y cómo, una filosofía de la ciencia genuinamente normativa. De entre esas concepciones, se opta por una forma de naturalismo que se diferencia de otras en la exigeneia de que la normatividad de la filosofía de la ciencia inc!uya la (...) discusión de los objetivos y valores, epistémicos o no, de la ciencia. La necesidad de esta inc!usión se ilustra, finalmente, con el ejemplo de la aetividad conocida como “cicncia reguladora”.This article examines the traditional characterization of the philosophy of science as a normative discipline. Several understandings of this discipline are discussed; each of them offering a different answer to the question whether, and how, a genuinely normative philosophy of science might be possible. Among these views, I choose one variety of naturalism that differs from others in its commitment with the discussion of science’s aims and values, either epistemic or non-epistemic. Finally, the need for this inclusion is illustrated with the example of the so-called “regulatory science”. (shrink)
Kim Kiduk's Spring, Summer, Fall, Winter... and Spring is a Buddhist film from Korea that reflects both traditional Asian and modern western-influenced impulses. A close reading of the film reveals how it replicates long-standing ritual practices such as seeing and being seen by the Buddha, and literary themes such as the cycle of karma. It also exhibits fidelity to canonical accounts of contemplative practices, reflecting a mainstream interest of western Buddhism that has found its way back to Korean society. Kiduk's (...) film demonstrates that Buddhism is a complex and dynamic entity that evolves through a process of feedback and response in a global context that should not be atomized into “Asian” versus “western,” and “traditional” versus “contemporary” fragments. (shrink)
Purpose This paper reviews the origins of the Ethics Council of the Federation of Social Communication Media of Chile and looks into the historical circumstances surrounding its creation, the concept of self-regulation as understood by its founders, and the criteria that initially ruled its operation. Design/methodology/approach A qualitative survey of nine contemporary witnesses and the confrontation with the scientific literature. Findings The results reveal a significant coincidence with the academic literature both in the description of the concept of self-regulation and (...) in the origin of the ethics councils and of the system under which they operate. However, a series of nuances not usually considered in the concept of self-regulation are described. Originality/value This study will help assess the national and international possibilities of self-regulation and the significance of the Chilean ethics council. (shrink)