Results for 'parens patriae'

382 found
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  1.  9
    Parens patriae jurisdiction and religious beliefs of parents in medical treatment of a minor: Examining the Supreme Court’s decision in Tega Esabunor v Faweya & Ors (2019) LPELR 46961 (SC) in light of international practice. [REVIEW]U. Anyamele - 2023 - South African Journal of Bioethics and Law 16 (1):29-31.
    Recently, the Supreme Court of Nigeria in Tega Esabunor v Faweya & Ors (2019) LPELR 46961 (SC) dismissed an appeal seeking to quash the order of a magistrate court for the transfusion of blood to a baby. The appellants contended that the court had no jurisdiction to make theorder. The crux of the case was whether the parents’ right to consent to the child’s treatment based on religious beliefs supersedes the child’s right to live, thus reflecting the tension between a (...)
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  2.  26
    On the doctrine of parens patriae: Fiduciary obligations and state power.Jeffrey Blustein - 1983 - Criminal Justice Ethics 2 (2):39-47.
  3.  9
    The Heartbreak of Parens Patriae.Vincent F. Maher & Joseph Ford - 2002 - Jona's Healthcare Law, Ethics, and Regulation 4 (1):18-22.
  4.  3
    In Praise of Parens Patriae.Jason Blokhuis - 2008 - Philosophy of Education 64:402-410.
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  5.  11
    The concept of the person in the Parens patriae jurisdiction over previously competent persons.Sallyanne Payton - 1992 - Journal of Medicine and Philosophy 17 (6):605-645.
    This article reviews the medieval law background of the parens patriae jurisdiction of the state as it has been exercised over incompetent persons who formerly were competent adults, concluding that the fiduciary standard implied in the statute De Prerogative Regis (1324), which is the basis for modern guardianship status, requires that the court and guardian adopt an attitude of respectful friendship toward the incompetent person, just as though they were to be accountable to the person himself, were he (...)
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  6.  48
    Jehovah's Witnesses and Medical Practice in Mexico: Religious Freedom, Parens Patriae, and the Right to Life.Jorge Hernández-Arriaga, Carlos Aldana-Valenzuela & Kenneth V. Iserson - 2001 - Cambridge Quarterly of Healthcare Ethics 10 (1):47-52.
    The influx of new groups into society, such as recently established religious groups whose practices differ from societal norms, may disturb relatively stable communities. This instability is exacerbated if these practices contravene long-held fundamental societal tenets, such as the protection of children. This situation now exists in Mexico, where the country's traditional Catholic and secular values clash with those of a religion introduced from the United States, Jehovah's Witnesses. The focal point for these clashes, as it has been elsewhere, is (...)
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  7.  40
    The effectiveness and ethical justification of psychiatric outpatient commitment.Guido R. Zanni & Paul F. Stavis - 2007 - American Journal of Bioethics 7 (11):31 – 41.
    Studies link involuntary outpatient commitment with improved patient outcomes, fueling debate on its ethical justification. This study compares inpatient utilization for committed outpatients in the 1990s with those who were not under outpatient civil commitment orders. Findings reveal committed outpatients had higher utilization of inpatient services and restraint episodes prior to their commitment compared with a control group. Committed outpatients also were more likely to have been on discharge status at the time of admission, have been admitted involuntarily under emergency (...)
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  8.  34
    The Noncompliant Patient in Psychiatry: The Case For and Against Covert/Surreptitious Medication.K. S. Latha - 2010 - Mens Sana Monographs 8 (1):96.
    Nonadherence to treatment continues to be one of psychiatry's greatest challenges. To improve adherence and thus improve the care of patients, clinicians and patients' family members sometimes resort to hiding medication in food or drink, a practice referred to as covert/ surreptitious medication. The practice of covert drug administration in food and beverages is well known in the treatment of psychiatrically ill world-wide but no prevalence rates exist. Covert medication may seem like a minor matter, but it touches on legal (...)
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  9.  19
    Parental Refusal of Life‐Saving Treatments for Adolescents: Chinese Familism in Medical Decision‐Making Re‐Visited.Edwin Hui - 2008 - Bioethics 22 (5):286-295.
    This paper reports two cases in Hong Kong involving two native Chinese adolescent cancer patients (APs) who were denied their rights to consent to necessary treatments refused by their parents, resulting in serious harm. We argue that the dynamics of the ‘AP‐physician‐family‐relationship’ and the dominant role Chinese families play in medical decision‐making (MDM) are best understood in terms of the tendency to hierarchy and parental authoritarianism in traditional Confucianism. This ethic has been confirmed and endorsed by various Chinese writers from (...)
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  10.  26
    Response to Open Commentaries for "The Effectiveness and Ethical Justification of Psychiatric Outpatient Commitment".Paul F. Stavis & Guido R. Zanni - 2007 - American Journal of Bioethics 7 (11):3-4.
    Studies link involuntary outpatient commitment with improved patient outcomes, fueling debate on its ethical justification. This study compares inpatient utilization for committed outpatients in the 1990s with those who were not under outpatient civil commitment orders. Findings reveal committed outpatients had higher utilization of inpatient services and restraint episodes prior to their commitment compared with a control group. Committed outpatients also were more likely to have been on discharge status at the time of admission, have been admitted involuntarily under emergency (...)
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  11. The Prima Facie Case against Homeschooling.Randall Curren & J. Blokhuis - 2011 - Public Affairs Quarterly 25 (1):1-20.
    Until recently, it was widely assumed in societies with long-established, publicly funded school systems that school attendance served the interests of children, society, and parents alike. In the United States and other common-law jurisdictions, safeguarding and promoting the independent welfare and developmental interests of every child was a public responsibility under the parens patriae doctrine. Compulsory schooling laws enacted under parens patriae authority required all persons having care and control of a child to share their custodial (...)
     
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  12.  45
    Parental refusal of life-saving treatments for adolescents: Chinese familism in medical decision-making re-visited.H. U. I. Edwin - 2008 - Bioethics 22 (5):286–295.
    This paper reports two cases in Hong Kong involving two native Chinese adolescent cancer patients (APs) who were denied their rights to consent to necessary treatments refused by their parents, resulting in serious harm. We argue that the dynamics of the 'AP-physician-family-relationship' and the dominant role Chinese families play in medical decision-making (MDM) are best understood in terms of the tendency to hierarchy and parental authoritarianism in traditional Confucianism. This ethic has been confirmed and endorsed by various Chinese writers from (...)
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  13.  14
    Raqeeb, Haastrup, and Evans: Seeking Consistency through a Distributive Justice-Based Approach to Limitation of Treatment in the Context of Dispute.James Cameron, Julian Savulescu & Dominic Wilkinson - 2022 - Journal of Law, Medicine and Ethics 50 (1):169-180.
    When is life-sustaining treatment not in the best interests of a minimally conscious child? This is an extremely difficult question that incites seemingly intractable debate. And yet, it is the question courts in England and Wales have set out to answer in disputes about appropriate medical treatment for children.
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  14.  3
    Holding the Guardrails on Involuntary Commitment.Carl H. Coleman - 2024 - Hastings Center Report 54 (2):8-11.
    In response to the increasing number of mentally ill people experiencing homelessness, some policy‐makers have called for the expanded use of involuntary commitment, even for individuals who are not engaging in behaviors that are immediately life‐threatening. Yet there is no evidence that involuntary commitment offers long‐term benefits, and significant reasons to believe that expanding the practice will cause harm. In addition, these proposals ignore research showing that most people with mental illness have the capacity to make medical decisions for themselves. (...)
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  15.  8
    Shaping our selves: on technology, flourishing, and a habit of thinking.Erik Parens - 2015 - New York: Oxford University Press.
    Seeing from somewhere in particular -- Embracing binocularity -- Creativity and gratitude -- Technology as vlaue-free and as value-laden -- Nobody's against true enhancement -- Comprehending persons as subjectss and as objects -- Respecting persons as subjects and as objects.
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  16.  16
    Wrestling with Public Input on an Ethical Analysis of Scientific Research.Erik Parens, Michelle N. Meyer, Patrick Turley, Sandra Soo-Jin Lee, Nanibaa’ A. Garrison, Shawneequa L. Callier & Daphne Oluwaseun Martschenko - 2023 - Hastings Center Report 53 (2):S50-S65.
    Bioethicists frequently call for empirical researchers to engage participants and community members in their research, but don't themselves typically engage community members in their normative research. In this article, we describe an effort to include members of the public in normative discussions about the risks, potential benefits, and ethical responsibilities of social and behavioral genomics (SBG) research. We reflect on what might—and might not— be gained from engaging the public in normative scholarship and on lessons learned about public perspectives on (...)
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  17.  21
    Leo Strauss and the Recovery of Medieval Political Philosophy.Joshua Parens - 2016 - Rochester, NY: University of Rochester Press.
    Leo Strauss is known primarily for reviving classical political philosophy. Strauss recovered that great tradition of thought largely lost to the West by beginning his study of classical thought with its teaching on politics rather than its metaphysics. What brought Strauss to this way of reading the classics, however, was a discovery he made as a young political scientist studying the obscure texts of Islamic and Jewish medieval political thought. In this volume, Joshua Parens examines Strauss's investigations of medieval (...)
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  18.  9
    Socrates: Sisyphean or Overflowing?Joshua Parens - 2018 - In Paul J. Diduch & Michael P. Harding (eds.), Socrates in the Cave: On the Philosopher’s Motive in Plato. Cham: Springer Verlag. pp. 185-203.
    Based on the ostensible fact that truly Socratic dialogue entails a considerable inequality between participants, Parens explores Socrates’s reasons for conversing dialectically with those who are manifestly his philosophic inferiors. Contrary to many Plato scholars who emphasize Socrates’s self-reported ignorance and, hence, the “Sisyphean” character of his philosophic activity, Parens intends to show—with the help of Maimonides—that Socrates is an “overflowing” philosopher, who cannot help but share his wisdom with others.
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  19.  8
    Best‐Laid Editorial Plans.Erik Parens, Thomas H. Murray, Karen J. Maschke, Josephine Johnston, Nora Porter, Susan Gilbert, Joyce A. Griffin & Gregory E. Kaebnick - 2012 - Hastings Center Report 38 (6):2-2.
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  20.  27
    The Pluralist Constellation.Erik Parens - 1995 - Cambridge Quarterly of Healthcare Ethics 4 (2):197.
    I work at a research institute where the staff spends its time thinking about ethical issues that arise with progress in medicine, the life sciences, and technology. After such thinking, we make public policy recommendations. We pride ourselves in the diversity of our staff: there is a doctor, a lawyer, a linguistic anthropologist, a political scientist, a theologian, some philosophers, and so on. Both men and women do research and we are religiously diverse: Catholics, Jews, Protestants, and atheists.
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  21.  84
    The ethics of memory blunting and the narcissism of small differences.Erik Parens - 2010 - Neuroethics 3 (2):99-107.
    At least since 2003, when the US President’s Council on Bioethics published Beyond Therapy: Biotechnology and the Pursuit of Happiness , there has been heated debate about the ethics of using pharmacology to reduce the intensity of emotions associated with painful memories. That debate has sometimes been conducted in language that obfuscates as much as it illuminates. I argue that the two sides of the debate actually agree that, in general, it is good to reduce the emotional intensity of memories (...)
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  22.  9
    Concepts of Nature: Ancient and Modern ed. by R. J. Sneel and Steven F. McGuire.Joshua Parens - 2019 - Review of Metaphysics 73 (2):381-383.
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  23.  27
    Prenatal Testing and Disability Rights.Walter M. Robinson, Erik Parens & Adrienne Asch - 2002 - Hastings Center Report 32 (2):45.
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  24.  24
    Authenticity and Ambivalence: Toward Understanding the Enhancement Debate.Erik Parens - 2005 - Hastings Center Report 35 (3):34.
    The differences between critics and proponents of enhancement technologies are easily overblown. Both sides of this debate share the moral ideal of being “authentic” to oneself. They differ in how they prefer to understand authenticity, but even this difference is not as stark as it sometimes seems.
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  25.  43
    How Long Has This Been Going On? Disability Issues, Disability Studies, and Bioethics.Erik Parens - 2001 - American Journal of Bioethics 1 (3):54-55.
    (2001). How Long Has This Been Going On? Disability Issues, Disability Studies, and Bioethics. The American Journal of Bioethics: Vol. 1, No. 3, pp. 54-55.
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  26.  21
    What Differences Make a Difference?Erik Parens - 1998 - Cambridge Quarterly of Healthcare Ethics 7 (1):1-6.
    Four years ago The Hastings Center initiated a That project gave the Center staff a chance to explore one swath of the theoretical literature concerning how members of democratic regimes ought to think about and respond to the differences among themselves. Much of that literature, produced by philosophers like Charles Taylor, Martha Nussbaum, and John Kekes, is wonderfully articulate about difference in general. But it is nearly silent about how particular categories of difference actually make a difference in the lives (...)
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  27.  24
    Special Supplement: Is Better Always Good? The Enhancement Project.Erik Parens - 1998 - Hastings Center Report 28 (1):S1.
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  28.  43
    Prenatal Testing and Disability Rights.Erik Parens & Adrienne Asch (eds.) - 2000 - Georgetown University Press.
    "In these essays, health care professionals, scholars, and members of the disability community debate the implications of prenatal testing for people with disabilitties and for parent-child relationships generally."--Cover.
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  29.  45
    Models of Consent to Return of Incidental Findings in Genomic Research.Paul S. Appelbaum, Erik Parens, Cameron R. Waldman, Robert Klitzman, Abby Fyer, Josue Martinez, W. Nicholson Price & Wendy K. Chung - 2014 - Hastings Center Report 44 (4):22-32.
    Genomic research—including whole genome sequencing and whole exome sequencing—has a growing presence in contemporary biomedical investigation. The capacity of sequencing techniques to generate results that go beyond the primary aims of the research—historically referred to as “incidental findings”—has generated considerable discussion as to how this information should be handled—that is, whether incidental results should be returned, and if so, which ones.Federal regulations governing most human subjects research in the United States require the disclosure of “the procedures to be followed” in (...)
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  30. Authenticity and ambivalence: Toward understanding the enhancement debate.Erik Parens - 2005 - Hastings Center Report 35 (3):34-41.
    : The differences between critics and proponents of enhancement technologies are easily overblown. Both sides of this debate share the moral ideal of being "authentic" to oneself. They differ in how they prefer to understand authenticity, but even this difference is not as stark as it sometimes seems.
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  31. On good and bad forms of medicalization.Erik Parens - 2011 - Bioethics 27 (1):28-35.
    The ongoing ‘enhancement’ debate pits critics of new self-shaping technologies against enthusiasts. One important thread of that debate concerns medicalization, the process whereby ‘non-medical’ problems become framed as ‘medical’ problems.In this paper I consider the charge of medicalization, which critics often level at new forms of technological self-shaping, and explain how that charge can illuminate – and obfuscate. Then, more briefly, I examine the charge of pharmacological Calvinism, which enthusiasts, in their support of technological self-shaping, often level at critics. And (...)
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  32.  23
    Choosing Flourishing: Toward a More "Binocular" Way of Thinking about Disability.Erik Parens - 2017 - Kennedy Institute of Ethics Journal 27 (2):135-150.
    It is hardly news to readers of this collection that in bioethics there has been a long-standing debate between people who can seem to be arguing "for" disability and people who can seem to be arguing "against" it. Those who have argued for have often been disability scholars and those who have argued against have often been philosophers of a utilitarian bent. At least since the mid 2000s, some disability scholars and some philosophers of a utilitarian bent have sought to (...)
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  33. The Goodness of Fragility: On the Prospect of Genetic Technologies Aimed at the Enhancement of Human Capacities.Erik Parens - 1995 - Kennedy Institute of Ethics Journal 5 (2):141-153.
    Beginning with the assumptions that genetic technology will make possible the enhancement of some significant human capacities and that our society will have self-evident reasons to pursue such enhancements, this essay suggests less evident reasons to proceed with extreme caution. The essay asks: Will we, in our attempts to enhance humans by reducing their subjection to chance and change, inadvertently impoverish them? It explores how technologies aimed at enhancement might affect the good that is our experience of some forms of (...)
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  34.  13
    Special Supplement: Genetic Differences and Human Identities: On Why Talking about Behavioral Genetics Is Important and Difficult.Erik Parens - 2004 - Hastings Center Report 34 (1):S1.
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  35.  11
    Drifting Away from Informed Consent in the Era of Personalized Medicine.Erik Parens - 2015 - Hastings Center Report 45 (4):16-20.
    The price of sequencing all the DNA in a person's genome is falling so fast that, according to one biotech leader, soon it won't cost much more than flushing a toilet. Getting all that genomic data at an ever‐lower cost excites the imaginations not only of biotech investors and researchers but also of the President and many members of Congress. They envision the data ushering in an age of “personalized medicine,” where medical care is tailored to persons’ genomes. The new (...)
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  36.  15
    Should We Hold the (Germ) Line?Erik Parens - 1995 - Journal of Law, Medicine and Ethics 23 (2):173-176.
    In 1982, the President's Commission produced its report on human gene therapy. One of that report's recommendations was to expand the Recombinant DNA Advisory Committee to the National Institutes of Health to include a subcommittee on human gene therapy. In 1984, the Human Gene Therapy Subcommittee was established, and in 1989 it produced a document—“Points to Consider for Protocols for the Transfer of Recombinant DNA into Human Subjects”—that stated the RAC's position on what sorts of protocols it would approve.In assessing (...)
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  37.  27
    Human Flourishing in an Age of Gene Editing.Erik Parens & Josephine Johnston (eds.) - 2019 - Oxford University Press.
    International uproar followed the recent announcement of the birth of twin girls whose genomes had been edited with a breakthrough DNA editing-technology. This technology, called clustered regularly interspaced short palindrome repeats or CRISPR-Cas9, can alter any DNA, including DNA in embryos, meaning that changes can be passed to the offspring of the person that embryo becomes. Should we use gene editing technologies to change ourselves, our children, and future generations to come? The potential uses of CRISPR-Cas9 and other gene editing (...)
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  38.  88
    Special Supplement: The Disability Rights Critique of Prenatal Genetic Testing Reflections and Recommendations.Erik Parens & Adrienne Asch - 1999 - Hastings Center Report 29 (5):S1.
  39.  3
    War is Not Inevitable: On the Psychology of War and Aggression.Henri Parens - 2014 - Lexington Books.
    In this book, author Henri Parens discusses and documents the core psychodynamics that lead groups to war. Detailing some of the psychodynamics that led from World War I to World War II and their respective aftermath, Parens addresses how major factors that gave rise to these wars must, can, and have been counteracted.
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  40.  21
    Neuroimaging: Beginning to Appreciate Its Complexities.Erik Parens & Josephine Johnston - 2014 - Hastings Center Report 44 (s2):2-7.
    For over a century, scientists have sought to see through the protective shield of the human skull and into the living brain. Today, an array of technologies allows researchers and clinicians to create astonishingly detailed images of our brain's structure as well as colorful depictions of the electrical and physiological changes that occur within it when we see, hear, think and feel. These technologies—and the images they generate—are an increasingly important tool in medicine and science.Given the role that neuroimaging technologies (...)
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  41.  26
    On What We Have Learned and Still Need to Learn about the Psychosocial Impacts of Genetic Testing.Erik Parens & Paul S. Appelbaum - 2019 - Hastings Center Report 49 (S1):2-9.
    Since the start of the program to investigate the ethical, legal, and social implications (ELSI) of the Human Genome Project in 1990, many ELSI scholars have maintained that genetic testing should be used with caution because of the potential for negative psychosocial effects associated with receiving genetic information. More recently, though, some ELSI scholars have produced evidence suggesting that the original ELSI concerns were unfounded, exaggerated, or, at a minimum, misdirected. At least in the contexts that have been most studied, (...)
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  42.  28
    Genetic Differences and Human Identities.Erik Parens - 2004 - Hastings Center Report 34 (S1):4-35.
  43.  10
    Living with the Ancient Puzzle.Erik Parens - 2014 - Hastings Center Report 44 (s2):50-52.
    We began this special report by suggesting that neuroimaging technologies are tools that can, when used carefully and in conjunction with the other tools of neuroscience and psychology, help illuminate the capacities and behaviors that constitute our minds. In the course of this special report we have called attention to some basic points that are worth remembering as we encounter more and more claims about human psychology that are based on evidence from imaging technologies like fMRI.
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  44.  13
    Admiring Dan's Creation.Erik Parens - 2019 - Hastings Center Report 49 (5):6-7.
    Dan Callahan never tired of probing the fundamental ethical question that Socrates asked, “How should we live?” The investigation animated him. He asked, Can we, for a moment, set aside our preoccupation with better health and a longer life and think together about what we want those things for? Can we explore what a good life consists in? It turned out there was no better alibi for asking that fundamental question than taking up the seemingly more manageable ones that were (...)
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  45.  21
    An Introduction to Thinking about Trustworthy Research into the Genetics of Intelligence.Erik Parens & Paul S. Appelbaum - 2015 - Hastings Center Report 45 (S1):2-8.
    The advent of new technologies has rekindled some hopes that it will be possible to identify genetic variants that will help to explain why individuals are different with respect to complex traits. At least one leader in the development of “whole genome sequencing”—the Chinese company BGI—has been quite public about its commitment to using the technique to investigate the genetics of intelligence in general and high intelligence in particular. Because one needs large samples to detect the small effects associated with (...)
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  46.  14
    Alfarabi, The Political Writings: "Selected Aphorisms" and Other Texts.Joshua S. Parens & Charles E. Butterworth - 2003 - Journal of the American Oriental Society 123 (1):244.
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  47.  43
    Bioethicists Are More Like Bricoleurs than Engineers: Reflections on Fredrik Svenaeus' Phenomenological Bioethics.Erik Parens - 2018 - Kennedy Institute of Ethics Journal 28 (4):479-486.
    In America in the 1960s, ethics was out of fashion. Scientists tended to think it was as wooly and "ideological" as religion, and many philosophers agreed. But advances in the biosciences and biotechnologies made the need for ethical reflection hard to ignore. Ethics needed what today we would call rebranding.The new field devoted to questions arising with advances in the biosciences and biotechnologies would be called "bioethics." As theologian Warren Reich put it when reflecting back on the birth of bioethics (...)
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  48. Creativity, gratitude and the enhancement debate: on the fertile tension between two ethical frameworks.Erik Parens - 2005 - In Judy Illes (ed.), Neuroethics: Defining the Issues in Theory, Practice, and Policy. Oxford University Press UK.
     
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  49.  16
    Disability, Technology, and Flourishing.Erik Parens - 2019 - Hastings Center Report 49 (5):inside_front_cover-inside_front_.
    Because people with disabilities live in a world not built for them, they are often the first to experiment with new technologies and are often expert in making choices about when to use them. People with disabilities face the question that all human beings increasingly face: to what extent will a given technology promote or thwart my flourishing? More generally, and at least as importantly, what does “flourishing” mean, and how can people use technologies to promote it? To address those (...)
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  50.  18
    Derrida, "Woman," and Politics: A Reading of Spurs.Erik Parens - 1989 - Philosophy Today 33 (4):291-301.
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