What accounts for the continued lack of clarity over the legal procedures for the patenting of DNA sequences? The patenting system was built for a "bricks-and-mortar" world rather than an information economy. The fact that genes are both material molecules and informational systems helps explain the difficulty that the patent system is going to continue to have.
The important roles of prediction and prior experience are well established in music research and fit well with Clark's concept of unified perception, cognition, and action arising from hierarchical, bidirectional predictive processing. However, in order to fully account for human musical intelligence, Clark needs to further consider the powerful and variable role of affect in relation to prediction error.
Although the teaching of medical ethics and law in medical education is an old story that has been told many times in medical literature, recent studies show that medical students and physicians lack confidence when faced with ethical dilemmas and medico-legal issues. The adverse events rates and medical lawsuits are on the rise whereas many medical errors are mostly due to negligence or malpractices which are preventable. While it is true that many medical schools teach their students medical law and (...) ethics, there are wide variations in what is being taught because there is no universally agreed syllabus. Yet the knowledge of medical law and ethics is closely relevant to the medical profession and that failure in abiding the law may result in serious civil or even criminal consequences. While this paper does not propose to lay detailed analysis of the relevant areas of law or ethics, it proposes to cover some legal areas so as to highlight and bring to attention the need for a medical law and ethics course. This article also considers the problems faced and recommendation as to future directions to be taken with respect to teaching medical law and ethics. It concludes with a suggested course outline for the teaching of medical law and ethics. (shrink)
In his Meditations Descartes tells us that he initially thought error might be avoided if he withheld assent “no less carefully from what is not plainly certain and indubitable than from what is obviously false.” For example, he thinks it plainly certain and indubitable that he is “sitting by the fire, wearing a winter cloak, holding this paper in my hands, and so on.” And yet even what is “plainly certain and indubitable” can be doubted. “I will suppose, then, not (...) that there is a supremely good God, the source of truth; but that there is an evil spirit, who is supremely powerful and intelligent, and does his utmost to deceive me.” Such a deceiver can spin illusions that appear indubitably real and true—of hands, fire, cloak, paper—and not only when there are none present in any particular case but even where there are none at all in any case. “I will suppose that sky, air, earth, colors, shapes, sounds and all external objects are mere delusive dreams, by means of which he lays snares for my credulity.”2 The deceiver hypothesis is the most difficult skeptical doubt Descartes must surmount in the remaining Meditations. I say the deceiver hypothesis, and for Descartes the deceiver is a mere possibility, raised so as to motivate the reconstitution of knowledge that follows. That there might be a powerful deceiver is itself a threat to knowledge for Descartes. Indeed even the possibility of an evil deceiver is so powerful a threat that Descartes must do nothing less than prove God’s existence to reestablish certainty. It is only at the end of his Meditations that Descartes can say, as if looking back on a hysterical moment, that the evil deceiver idea was “exaggerated” and “ridiculous.”3.. (shrink)
Nanomedicine is yielding new and improved treatments and diagnostics for a range of diseases and disorders. Nanomedicine applications incorporate materials and components with nanoscale dimensions where novel physiochemical properties emerge as a result of size-dependent phenomena and high surface-to-mass ratio. Nanotherapeutics and in vivo nanodiagnostics are a subset of nanomedicine products that enter the human body. These include drugs, biological products, implantable medical devices, and combination products that are designed to function in the body in ways unachievable at larger scales. (...) Nanotherapeutics and in vivo nanodiagnostics incorporate materials that are engineered at the nanoscale to express novel properties that are medicinally useful. These nanomedicine applications can also contain nanomaterials that are biologically active, producing interactions that depend on biological triggers. Examples include nanoscale formulations of insoluble drugs to improve bioavailability and pharmacokinetics, drugs encapsulated in hollow nanoparticles with the ability to target and cross cellular and tissue membranes and to release their payload at a specific time or location, imaging agents that demonstrate novel optical properties to aid in locating micrometastases, and antimicrobial and drug-eluting components or coatings of implantable medical devices such as stents. (shrink)
Access to abortion is becoming increasingly restricted for many women in the United States. Besides the longstanding financial barriers facing low-income women in most states, a newer source of scarcity has emerged. The relatively small number of physicians willing to perform the procedure is compromising the ability of women in certain parts of the country to obtain an abortion.Do physicians have a duty to respond to this situation? Do they have a professional responsibility to ensure that abortions are reasonably available (...) to the women who want to terminate their pregnancies? Or, is abortion so morally and socially controversial as to remove any professional obligation to provide reasonable access?Both law and medical ethics have traditionally protected physicians’ freedom to refuse to perform any procedure, including abortion, that conflicts with their religious or other moral beliefs. (shrink)
Access to abortion is becoming increasingly restricted for many women in the United States. Besides the longstanding financial barriers facing low-income women in most states, a newer source of scarcity has emerged. The relatively small number of physicians willing to perform the procedure is compromising the ability of women in certain parts of the country to obtain an abortion.Do physicians have a duty to respond to this situation? Do they have a professional responsibility to ensure that abortions are reasonably available (...) to the women who want to terminate their pregnancies? Or, is abortion so morally and socially controversial as to remove any professional obligation to provide reasonable access?Both law and medical ethics have traditionally protected physicians’ freedom to refuse to perform any procedure, including abortion, that conflicts with their religious or other moral beliefs. (shrink)
This article is concerned with the ways in which literary spaces can become sexualized by the transfer of objects between women, as well as by the ways in which bodies themselves touch. It discusses how lesbian desire changes both spatial and temporal structures, via a consideration of the use of pearl imagery. In particular, it analyses the link between sexual, class and bodily construction in two texts: Daphne du Maurier's novel Rebecca and Carol Ann Duffy's poem ‘Warming Her Pearls’. (...) These texts encode contrasting ideas about the lesbian body, ideas that are discursively textured by the periods in which they were written and by the relative ideological resistance of their writers. While du Maurier's novel establishes a concept of spatial and temporal enclosure, Duffy's poem creates an unconfined and unstable lesbian body-text. Within this, the pearl can be seen as a subversive device, destructuring and stretching the parameters of lesbian desire. (shrink)
I explore how we negotiate sexual encounters with one another in language and consider the pragmatic structure of such negotiations. I defend three theses: Discussions of consent have dominated the philosophical and legal discourse around sexual negotiation, and this has distorted our understanding of sexual agency and ethics. Of central importance to good-quality sexual negotiation are sexual invitations and gift offers, as well as speech designed to set up safe frameworks and exit conditions. Sexual communication that goes well does not (...) just prevent harm; it enables forms of agency, pleasure, and fulfillment that would not otherwise be possible. (shrink)
Hintikka has criticized psychologists for "hasty epistemologizing," which he takes to be an unwarranted transfer of ideas from psychology (a discipline dealing with questions of fact) into epistemology (a discipline dealing with questions of method and theory). Hamlyn argues, following Hintikka, that Gibson's theory of perception is an example of such an inappropriate transfer, especially insofar as Hamlyn feels Gibson does not answer several important questions. However, Gibson's theory does answer the relevant questions, albeit in a new and radical way, (...) which suggests that the alleged distinction between psychology and epistemology is suspect. In fact, contrary to Hintikka and Hamlyn's claims, Gibson's theory of perception appears to be a valuable source of epistemological as well as psychological ideas. (shrink)
Anthropogenic climate change is arguably one of the biggest problems that confront us today. There is ample evidence that climate change is likely to affect adversely many aspects of life for all people around the world, and that existing solutions such as geoengineering might be too risky and ordinary behavioural and market solutions might not be sufficient to mitigate climate change. In this paper, we consider a new kind of solution to climate change, what we call human engineering, which involves (...) biomedical modifications of humans so that they can mitigate and/or adapt to climate change. We argue that human engineering is potentially less risky than geoengineering and that it could help behavioural and market solutions succeed in mitigating climate change. We also consider some possible ethical concerns regarding human engineering such as its safety, the implications of human engineering for our children and society, and we argue that these concerns can be addressed. Our upshot is that human engineering deserves further consideration in the debate about climate change. (shrink)
Generation Y is a cohort of the population larger than the baby boom generation. Consisting of approximately 80 million people born between 1981 and 2000, Generation Y is the most recent cohort to enter the workforce. Workplaces are being redefined and organizations are being pressed to adapt as this new wave of workers is infused into business environments. One critical aspect of this phenomenon not receiving sufficient research attention is the impact of Gen Y ethical beliefs and ethical conduct in (...) workplace contexts. It is widely accepted that distinct generational experiences shape ethical ideologies and ethical ideologies in turn affect the way people function in the workplace. Thus, Gen Y’s unique cohort experiences are likely to shape their ethical ideologies and consequent workplace judgments and actions. In this article, we examine Gen Y’s ethical ideology and study its impact on workplace functioning regarding leadership style, teamwork, and judgments about ethical violations. Our analyses indicate that Gen Y’ers tend toward situationalism (high idealism and high relativism), and their socially connected orientation produces more lenient judgments of collaborative vs. unilateral ethical violations. However, Gen Y’ers do exhibit individual variation. Relativist Gen Y’ers are more tolerant of ethical violations, whereas, Gen Y Idealists are less tolerant of ethical violations. High Idealists also show stronger teamwork and leadership characteristics. In addition, Gen Y’ers possessing servant leader traits exhibit incrementally better teamwork, and greater perceived unacceptability of ethical violations. We conclude by discussing implications of these findings for managing ethical climates and conduct. (shrink)
Thomas Reid thought of himself as a critic of the representative theory of perception, of what he called the ‘theory of ideas’ or ‘the ideal theory’.2 He had no kind words for that theory: “The theory of ideas, like the Trojan horse, had a specious appearance both of innocence and beauty; but if those philosophers had known that it carried in its belly death and destruction to all science and common sense, they would not have broken down their walls to (...) give it admittance.”3 Many have supposed that his opposition to the representative theory was grounded in his direct realism.4 A direct realist theory of perception holds that perception of external objects is not mediated by any mental entity whose intrinsic character licenses a move from the mental entity to the external object presented in perception. Reid himself, in an oration of 1759, delivered at graduation ceremonies over which he presided as regent and professor of philosophy at King’s College in Aberdeen, said that he did not “understand what need there is of an intermediate object for thought about something to be possible.”5 Hence, if Reid was not a direct realist, philosophers and historians would have to ask whether and to what degree Reid was what he thought himself to be. (shrink)
Former NAACP chapter head Rachel Dolezal's attempted transition from the white to the black race occasioned heated controversy. Her story gained notoriety at the same time that Caitlyn Jenner graced the cover of Vanity Fair, signaling a growing acceptance of transgender identity. Yet criticisms of Dolezal for misrepresenting her birth race indicate a widespread social perception that it is neither possible nor acceptable to change one's race in the way it might be to change one's sex. Considerations that support transgenderism (...) seem to apply equally to transracialism. Although Dolezal herself may or may not represent a genuine case of a transracial person, her story and the public reaction to it serve helpful illustrative purposes. (shrink)
Genomic research results and incidental findings with health implications for a research participant are of potential interest not only to the participant, but also to the participant's family. Yet investigators lack guidance on return of results to relatives, including after the participant's death. In this paper, a national working group offers consensus analysis and recommendations, including an ethical framework to guide investigators in managing this challenging issue, before and after the participant's death.
I explore how gender can shape the pragmatics of speech. In some circumstances, when a woman deploys standard discursive conventions in order to produce a speech act with a specific performative force, her utterance can turn out, in virtue of its uptake, to have a quite different force—a less empowering force—than it would have if performed by a man. When members of a disadvantaged group face a systematic inability to produce a specific kind of speech act that they are entitled (...) to perform—and in particular when their attempts result in their actually producing a different kind of speech act that further compromises their social position and agency—then they are victims of what I call discursive injustice. I examine three examples of discursive injustice. I contrast my account with Langton and Hornsby's account of illocutionary silencing. I argue that lack of complete control over the performative force of our speech acts is universal, and not a special marker of social disadvantage. However, women and other relatively disempowered speakers are sometimes subject to a distinctive distortion of the path from speaking to uptake, which undercuts their social agency in ways that track and enhance existing social disadvantages. (shrink)
This volume explores the relationship between Kant's aesthetic theory and his critical epistemology as articulated in the Critique of Pure Reason and the Critique of the Power of Judgment. The essays, written specially for this volume, explore core elements of Kant's epistemology, such as his notions of discursive understanding, experience, and objective judgment. They also demonstrate a rich grasp of Kant's critical epistemology that enables a deeper understanding of his aesthetics. Collectively, the essays reveal that Kant's critical project, and the (...) dialectics of aesthetics and cognition within it, is still relevant to contemporary debates in epistemology, philosophy of mind, and the nature of experience and objectivity. The book also yields important lessons about the ineliminable, yet problematic place of imagination, sensibility and aesthetic experience in perception and cognition. (shrink)
In this paper, I argue that although it is important to attend to injustices surrounding women's epistemic exclusions, it is equally important to attend to injustices surrounding women's epistemic inclusions. Partly in response to the historical exclusion of women's knowledge, there has been increasing effort among first-world actors to seek out women's knowledge. This trend is apparent in efforts to mainstream gender in climate change negotiation. Here, one is told that women's superior knowledge about how to adapt to climate change (...) makes them “poised to help solve and overcome this daunting challenge.” Pulling from the work of Miranda Fricker, I argue that such claims risk epistemically objectifying women. To illuminate the risk of women's epistemic objectification in climate change discourse, I offer a feminist analysis of current efforts to seek women's environmental knowledge, cautioning throughout that such efforts must reflect just epistemic relations. (shrink)
Miranda Fricker claims that a “gap” in collective hermeneutical resources with respect to the social experiences of marginalized groups prevents members of those groups from understanding their own experiences (Fricker 2007). I argue that because Fricker misdescribes dominant hermeneutical resources as collective, she fails to locate the ethically bad epistemic practices that maintain gaps in dominant hermeneutical resources even while alternative interpretations are in fact offered by non-dominant discourses. Fricker's analysis of hermeneutical injustice does not account for the possibility that (...) marginalized groups can be silenced relative to dominant discourses without being prevented from understanding or expressing their own social experiences. I suggest that a gap in dominant hermeneutical resources is ambiguous between two kinds of unknowing: hermeneutical injustice suffered by members of marginalized groups, and epistemically and ethically blameworthy ignorance perpetrated by members of dominant groups. (shrink)
Dedekind’s structuralism is a crucial source for the structuralism of mathematical practice—with its focus on abstract concepts like groups and fields. It plays an equally central role for the structuralism of philosophical analysis—with its focus on particular mathematical objects like natural and real numbers. Tensions between these structuralisms are palpable in Dedekind’s work, but are resolved in his essay Was sind und was sollen die Zahlen? In a radical shift, Dedekind extends his mathematical approach to “the” natural numbers. He creates (...) the abstract concept of a simply infinite system, proves the existence of a “model”, insists on the stepwise derivation of theorems, and defines structure-preserving mappings between different systems that fall under the abstract concept. Crucial parts of these considerations were added, however, only to the penultimate manuscript, for example, the very concept of a simply infinite system. The methodological consequences of this radical shift are elucidated by an analysis of Dedekind’s metamathematics. Our analysis provides a deeper understanding of the essay and, in addition, illuminates its impact on the evolution of the axiomatic method and of “semantics” before Tarski. This understanding allows us to make connections to contemporary issues in the philosophy of mathematics and science. (shrink)
Thomas Reid’s epistemological ambitions are decisively at the center of his work. However, if we take such ambitions to be the whole story, we are apt to overlook the theory of mind that Reid develops and deploys against the theory of ideas. Reid’s philosophy of mind is sophisticated and strikingly contemporary, and has, until recently, been lost in the shadow of his other philosophical accomplishments. Here I survey some aspects of Reid’s theory of mind that I find most interesting. I (...) examine whether Reid is a mysterian about the mind, whether Reid has a direct realist theory of perception, and whether Reid has a higher-order, or “inner-sense,” view of consciousness. Along the way I will mention portions of the secondary literature that examine these aspects and point out whether and to what degree I part ways with the interpretations present in the literature. (shrink)