Top down as well as bottom-up models of regulation are shifting to a governance paradigm characterized by the greater interaction among public, private and civil society sectors, as well as potential increased flexibility of law. As applied to intellectual property, particularly in the international context, governance literature is emerging but still episodic. In this Article, I examine the World Intellectual Property Organization’s Development Agenda, currently being implemented through its Committee on Development and Intellectual Property. WIPO’s efforts to address global development (...) goals with intellectual property can be theorized through the more participatory and dynamic legal mechanisms promised by global governance. Among the challenges are fragmentation, policy incoherence and a relative lack of due process of softer law, as enacted and as enforced. The pragmatic impact of this major WIPO initiative — evaluated both in terms of the projected benefits and risks of global governance — remains to be seen. (shrink)

Moral Repair examines the ethics and moral psychology of responses to wrongdoing. Explaining the emotional bonds and normative expectations that keep human beings responsive to moral standards and responsible to each other, Margaret Urban Walker uses realistic examples of both personal betrayal and political violence to analyze how moral bonds are damaged by serious wrongs and what must be done to repair the damage. Focusing on victims of wrong, their right to validation, and their sense of justice, Walker presents (...) a unified and detailed philosophical account of hope, trust, resentment, forgiveness, and making amends - the emotions and practices that sustain moral relations. Moral Repair joins a multidisciplinary literature concerned with transitional and restorative justice, reparations, and restoring individual dignity and mutual trust in the wake of serious wrongs. (shrink)

Based on a two-stage questionnaire with six South Asian organizations that focus on South Asian women, this article examines the factors that determined the creation of such organizations. Through an analysis of their organizational ideology, structure, goals, and strategies, the article demonstrates their relevance and the instrumental role they play in shifting marital violence among South Asians in the United States from a “private problem” to a “social issue.” Central to the analysis is how ethnicity and gender intersect in addressing (...) social change. These organizations are a growing social movement. (shrink)

Inflammatory responses are essential for the clearance of pathogens and the repair of injured tissues; however, if these responses are not properly controlled chronic inflammation can occur. Chronic inflammation is now recognized as a contributing factor to many age‐associated diseases including metabolic disorders, arthritis, neurodegeneration, and cardiovascular disease. Due to the connection between chronic inflammation and these diseases, it is essential to understand underlying mechanisms behind this process. In this review, factors that contribute to chronic inflammation are discussed. Further, we (...) emphasize the emerging roles of microRNAs (miRNAs) and other noncoding RNAs (ncRNA) in regulating chronic inflammatory states, making them important future diagnostic markers and therapeutic targets. Copyright Line: © 2015 The Authors BioEssays Published by Wiley‐VCH Verlag GmbH & Co. KGaA. (shrink)

This chapter argues that the analysis of the previous chapters indicates the problems attached to conceiving of morality as rooted in a neutral or Archimedean point from which different principles can be assessed and validated, but that it is more fruitful to root morality within a particular tradition. The problem of moral scepticism and relativism and pluralism are discussed as well as the implications of this approach to moral theorizing for ethical political principles.

Gauthier and the Full‐knowledge Contract. This chapter examines Gauthier's Morals by Agreement, which generates principles of justice from the starting point of the individual agent as self‐interested utility‐maximizer.

This chapter considers the problems of adjudicating between rival claims to territory, drawing boundaries around jurisdictional units, and creating institutional arrangements that embody the principles developed thus far. It explores the implications of the collective moral right of occupancy in establishing heartlands of groups and argues that these heartlands are useful to demarcate boundaries between self-determining peoples and territories. It suggests that neither democratic theory nor justice theory can be usefully applied to the issue of drawing boundaries. After considering questions (...) of occupancy—its meaning, scope, and implications for territorial claims—the chapter concludes that the moral occupancy principle can identify ‘heartlands’ of groups but is indeterminate in certain cases. It also considers the implications of this argument for secessionist claims and for rival claims to the same territory, looking specifically at the historically contested areas of Northern Ireland, Kashmir, and Kurdish northern Iraq. (shrink)

This chapter examines non-statist theories of territory, associated principally with the works of Avery Kolers and David Miller. Both attach rights to territory to non-statist collectives: to ethnogeographic communities, in Kolers’s work; and to cultural nations, in Miller’s work. Kolers defines an ethnogeographic group by its particular ecological and environmental relationship to land. Such a group has a specific ontology of land and a distinctive pattern of land use. Miller’s account is based on five elements that are said to constitute (...) a nation: shared belief, extension in history, active in character, territorially connected, and with a distinct public culture. This chapter criticizes the two theories, as part of an argument that the political self-determination theory is superior. (shrink)

This chapter considers whether collective self-determination, which justifies a right of jurisdiction, can also generate a right to control natural resources. It discusses the limits of that argument, focusing especially on the limits of justice. Part One deals with territorial claims over unoccupied islands, the seabed, the Arctic, and Antarctica. These are viewed as resources by the rival claimants, and their respective claims should be conceived of as property claims. The second part of the chapter deals with cases where there (...) are natural resources—oil, fertile land, water, coal—on land that is co-extensive with an area occupied by a group. It develops a middle ground between a strong resource rights conception, associated with current views of state sovereignty, and the cosmopolitan view that thinks of groups as having no special claims to resources within their midst, indeed thinking of it as a kind of undeserved advantage. (shrink)

This chapter asks: under what circumstances can force be used to put right contested issues of territory? Not every territorial injustice justifies the use of force, but some do. It examines the standard case, which is the right of the state to defend itself, and particularly to defend its territory, then moves to more controversial situations involving either the defence or breach of territorial integrity. The book’s overall theory is considered in the light of what it says about: military force (...) used to regain territory or territorial rights; annexing territory that contains a majority of people who identify with the annexing state; force used by secessionists to break up an existing territorial state; force used by a majority against secessionists; and external intervention in contentious cases. (shrink)

This first scholarly edition in English of the philosophical writings of Novalis (Friedrich von Hardenberg), the German Romantic poet, philosopher, and mining engineer, includes two collections of fragments published in 1798, Miscellaneous Observations and Faith and Love, the controversial essay Christendom or Europe, and substantial selections from his unpublished notebooks.

Around the globe people are confronted daily with intransigent problems of space and place. Educators have historically called for place-based or place-conscious education to introduce pedagogies that will address such questions as how to develop sustainable communities and places. These calls for place-conscious education have included liberal humanist approaches that evolved from the work of Wendell Berry (Ball & Lai, 2006) and critical place-based approaches such as those advocated by David Gruenewald (e.g. Gruenewald, 2003a, 2003b). In this paper I will (...) propose a reconceptualized framework of place as a pedagogical practice that draws on contemporary feminist poststructural and postcolonial philosophies as a basis for an alternative place pedagogy for 'global contemporaneity' (Carter, 2006, p. 683). Within this reconceptualized concept of place I will outline three key principles for a reconceptualised place pedagogy: our relationship to place is constituted in stories and other representations; place learning is local and embodied; and deep place learning occurs in a contact zone of contestation. These principles give rise to new emergent arts-based methodologies for developing and practising place-responsive pedagogies. (shrink)

If particularism is right, the broad moral claims we make are usually riddled with exceptions. But such generalizations can still be a useful, even necessary part of moral life. They help us show what we should do, and they are essential for understanding why we should do it.

Many contexts shape and limit moral thinking in philosophy and life. Human conditions of vulnerability and interdependency, of limited awareness and control, of imperfect insight into ourselves and others are inevitable contexts that neither moral thought nor theory should forget. To be truly reflective, moral thinking and moral philosophy must become aware of the contexts that bind our thinking about how to live. This collection of essays by Margaret Urban Walker seek to show how to do this, and why (...) it makes a difference. Contingent and changeable contexts that shape moral thinking include our individual histories, our social positions, and institutional roles, relationships, cultural settings, and social arrangements, and the specific moral idioms we pick up along the way. The paradigms and specialized language of ethical theory are contexts, too; they shape how moral theory looks and what or whom it looks at. Ethical theory and practice are meaningless without these Moral Contexts. (shrink)

We create a database of company codes of ethics from firms listed on the Standard & Poor's 500 Index and, separately, a sample of small firms. The SEC believes that "ethics codes do, and should, vary from company to company." Using textual analysis techniques, we measure the extent of commonality across the documents. We find substantial levels of common sentences used by the firms, including a few cases where the codes of ethics are essentially identical. We consider these results in (...) the context of legal statements versus value statements. While legal writing often mandates duplication, we argue that value-based statements should be held to a higher standard of originality. Our evidence is consistent with isomorphic pressures on smaller firms to conform. (shrink)

The English translation of Habermas's The Structural Transformation of the Public Sphere converges with a recent trend toward the revival of the "political culture concept" in the social sciences. Surprisingly, Habermas's account of the Western bourgeois public sphere has much in common with the original political culture concept associated with Parsonian modernization theory in the 1950s and 1960s. In both cases, the concept of political culture is used in a way that is neither political nor cultural. Explaining this peculiarity is (...) the central problem addressed in this article and one to follow. I hypothesize that this is the case because the concept itself is embedded in an historically constituted political culture (here called a conceptual network)-a structured web of conceptual relationships that combine into Anglo-American citizenship theory. The method of an historical sociology of concept formation is introduced to analyze historically and empirically the internal constraints and dynamics of this conceptual network. The method draws from new work in cultural history and sociology, social studies, and network, narrative, and institutional analysis. This research yields three empirical findings: this conceptual network has a narrative structure, here called the Anglo-American citizenship story; this narrative is grafted onto an epistemology of social naturalism; and these elements combine in a metanarrative that continues to constrain empirical research in political sociology. (shrink)

Seventeenth century discussions of materialism, whether favorable or hostile towards the position, are generally conducted on a level of much less precision and sophistication than recent work on the problem of the mind-body relation. Nevertheless, the earlier discussions can still be interesting to philosophers, as the plethora of references to Cartesian arguments in the recent literature makes clear. Certainly the early development of materialist patterns of thought, and efforts on both the materialist and immaterialist side to establish fundamental points in (...) the philosophical analysis of mind, have considerable historical interest at the present time. This paper attempts to clarify the significance of some of leibniz's views in connection with the materialist thesis. I do not have in mind his rather notorious parallelism, though some of the points made below bear indirectly on the character of this position. Instead, I will examine his approach to arguments against materialism. (shrink)

At least some of these commentators have then, rather naturally, taken a step which it will be the business of this essay to criticize. They have suggested that Leibniz’s "counter-part theory" can be understood as providing an interpretation of counter-factuals and certain forms of modal discourse within his system. For example, Mondadori writes.

McCradden and colleagues' argues that machine learning in health care poses new challenges to appropriate evaluation for safe use in clinical care. It also claims that “the longstanding syst...

Background The ethical use both of human and non-human animals in research is predicated on the assumption that it is of a high quality and its projected benefits are more significant than the risks and harms imposed on subjects. Yet questions remain about whether and how IRBs and IACUCs should consider the scientific value of proposed research studies.Methods We draw upon 45 interviews with IRB and IACUC members and researchers with oversight experience about their perceptions of their own roles in (...) reviewing the quality and value of scientific protocols. Interview transcripts were memoed to highlight specific findings, which were then used to identify key themes through an iterative process.Results IRB and IACUC members expressed broad trust in the need for and value of research, and they often assumed that protocols had social value or that prior review, especially when associated with funding, affirmed both the rigor and merit of those protocols. Some oversight members also took an explicit stance against scientific review by stating that such review is not within the regulatory mandates governing their parts in the oversight system. Yet other interviewees expressed uneasiness about the current paradigm for evaluating the quality and overall value of science, suggesting that IRB and IACUC members perceive gaps in the oversight systems.Conclusions These findings reveal many similarities in how IRB and IACUC members understand the roles and limitations of their respective oversight committees. We conclude with a discussion of how the lack of a clear mandate regarding scientific review within US federal regulations may undermine ethical engagement of whether human and animal research is scientifically justified, resulting in a “mission lapse” wherein no organizational body is clearly responsible for ensuring that the research being conducted has the potential to advance science and benefit society. (shrink)

Fifteen original essays open up a novel area of inquiry: the distinctively ethical dimensions of women's experiences of and in aging. Contributors distinguished in the fields of feminist ethics and the ethics of aging explore assumptions, experiences, practices, and public policies that affect women's well-being and dignity in later life. The book brings to the study of women's aging a reflective dimension missing from the empirical work that has predominated to date. Ethical studies of aging have so far failed to (...) emphasize gender. And feminist ethics has neglected older women, even when emphasizing other dimensions of 'difference.' Finally work on aging in all fields has focused on the elderly, while this volume sees aging as an extended process of negotiating personal and social change. (shrink)

Making a show of conceding by using a three-part structure of proposition, concession and reassertion has the effect - in contrast to other ways of conceding - of strengthening one's own position at the expense of a counter-argument. This three-part structure can be also exploited so as to carry the battle to the enemy, as it were, and make the concession do more offensive work. We detail three such ways: Trojan Horses where the speaker imports a caricature of the opposition (...) into the conceded material; stings in the tail, where the speaker specifically overturns the concession they have just made in the original claim; and cheapeners, where the speaker works pragmatically to devalue even a positive endorsement of the opposition's case. In all their variety, what marks the concession as being hearably in the speaker's own interest is the robust, normative three-part proposition - concession - reprise structure. It is available for use in supporting or demeaning any position, whether mundane or explicitly ideological. (shrink)

The English translation of Habermas's The Structural Transformation of the Public Sphere converges with the revival of the "political culture concept" in the social sciences. Surprisingly, Habermas's account of the Western bourgeois public sphere has much in common with the original political culture concept associated with Parsonian modernization theory in the 1950s and 1960s. In both cases, the concept of political culture is used in a way that is neither political nor cultural. Explaining this peculiarity is the central problem addressed (...) in this article and its companion piece, which appeared in Sociological Theory, volume 3, number 2 (1995). I hypothesize that this is the case because the concept itself is embedded in an historically constituted political culture (here called a conceptual network)-a structured web of conceptual relationships that combine into Anglo-American citizenship theory. The method of an historical sociology of concept formation is used to analyze historically and empirically the internal constraints and dynamics of this conceptual network. The method draws from new work in cultural history and sociology, social studies, and network, narrative, and institutional analysis. This research yields three empirical findings: this conceptual network has a narrative structure, here called the Anglo-American citizenship story; this narrative is grafted onto an epistemology of social naturalism; and these elements combine in a metanarrative that continues to constrain empirical research in political sociology. (shrink)

Tomasello argues in the target article that a sense of moral obligation emerges from the creation of a collaborative “we” motivating us to fulfill our cooperative duties. We suggest that “we” takes many forms, entailing different obligations, depending on the type of the relationship in question. We sketch a framework of such types, functions, and obligations to guide future research in our commentary.

In 1882, the South Australian Baptist Missionary Society sent off its first missionaries to Faridpur in East Bengal. Miss Marie Gilbert and Miss Ellen Arnold were the first of a stream of missionary women who left the young South Australian colony to work in India. Scores of women from other Christian denominations and from other Australian colonies also went to India and indeed to other mission fields in the nineteenth and twentieth centuries. As with other western women missionaries, these women (...) intended to save souls and to bring India's daughters to Christ, often by means of medical work. But unlike their British sisters, these women came from the edge of empire to intervene in another, but different, colonial site. These missionary ventures coincided with efforts of the Australian settlers to elaborate for themselves an identity separate from and against that of the metropolitan centre. Within these debates, contestations over the meaning of ‘the colonial girl’ and ‘the Australian girl’ played a key role. The article explores why the women were drawn to India rather than to working with Aboriginal people in Australia. It begins to investigate how in seeking to reconstruct Indian womanhood they elaborated for themselves a separate colonial, Australian identity and how much in their missionary endeavours they affirmed an identity as white, Christian and ultimately British. (shrink)

La période 1890-1950 a été marquée en France par la crainte de la dépopulation et une obsession à propos du taux de natalité décroissant. C’est dans ce contexte qu’un groupe de militants s’est lancé dans une lutte contre les avortements, politisant cette question, tentant de modifier la loi et d’accentuer la répression policière pour en réduire le nombre. Ce sujet a depuis longtemps attiré l’attention de spécialistes de l’histoire du genre et de la sexualité, qui ont montré l’intervention de...

Many have asked how and why feminist theory makes a distinctive contribution to bioethics. In this essay, I outline two ways in which feminist reflection can enrich bioethical studies. First, feminist theory may expose certain themes of androcentric reasoning that can affect, in sometimes crude but often subtle ways, the substantive analysis of topics in bioethics; second, it can unearth the gendered nature of certain basic philosophical concepts that form the working tools of ethical theory.