Mitochondrial donation or mitochondrial transfer enables a woman with mitochondrial disease to have a genetically related child without transmitting the disease to the child. The techniques used for mitochondrial donation or transfer which are maternal spindle transfer or pro-nuclei transfer, require three gametes to ultimately produce a healthy embryo. Both these techniques result in the child inheriting nuclear DNA from the intending parents and mitochondrial DNA from the female donor. Following the legalisation of mitochondrial donation (...) in the UK, after a rigorous process of scientific and ethical review, and the birth of another baby using the technique, coupled with the fact that there is no cure for mitochondrial disease, suggests that it is prudent for us to consider this reproductive intervention and its application in the South African setting. In addition, the 2019 UNESCO Report of the International Bioethics Committee (IBC) on assisted reproductive technologies (ART) and parenthood, encourages debate on changes in models of parenthood influenced by ART including the emergence of new models of families and forms of parenthood that extend beyond the classical rule of mater semper certa est (the mother is always known). ART, in particular mitochondrial donation, challenges this rule. The aim of this paper is to provide an outline of the legal and ethical positions of mitochondrial donation and resume the discussion with specific focus on the South African context. (shrink)

Written for non-experts, this volume introduces the mechanisms that underlie reticulate evolution. Chapters are either accompanied with glossaries that explain new terminology or timelines that position pioneering scholars and their major discoveries in their historical contexts. The contributing authors outline the history and original context of discovery of symbiosis, symbiogenesis, lateral gene transfer, hybridization or divergence with gene flow, and infectious heredity. By applying key insights from the areas of molecular (phylo)genetics, microbiology, virology, ecology, systematics, immunology, epidemiology and computational (...) science, they demonstrate how reticulate evolution impacts successful survival, fitness and speciation. Reticulate evolution brings forth a challenge to the standard Neo-Darwinian framework, which defines life as the outcome of bifurcation and ramification patterns brought forth by the vertical mechanism of natural selection. Reticulate evolution puts forward a pattern in the tree of life that is characterized by horizontal mergings and lineage crossings induced by symbiosis, symbiogenesis, lateral gene transfer, hybridization or divergence with gene flow, and infective heredity, making the “tree of life” look more like a “web of life.” On an epistemological level, the various means by which hereditary material can be transferred horizontally challenges our classic notions of units and levels of evolution, fitness, modes of transmission, linearity, communities, and biological individuality. The case studies presented examine topics including the origin of the eukaryotic cell and its organelles through symbiogenesis; the origin of algae through primary and secondary symbiosis and dinoflagellates through tertiary symbiosis; the superorganism and holobiont as units of evolution; how endosymbiosis induces speciation in multicellular life forms; transferrable and non-transferrable plasmids and how they symbiotically interact with their host; the means by which pro- and eukaryotic organisms transfer genes laterally (bacterial transformation, transduction and conjugation as well as transposons and other mobile genetic elements); hybridization and divergence with gene flow in sexually-reproducing individuals; current (human) microbiome and viriome studies that impact our knowledge concerning the evolution of organismal health and acquired immunity; and how symbiosis and symbiogenesis can be modelled in computational evolution. (shrink)

ABSTRACT William Hurlbut, a Stanford University bioethicist and member of the President's Council on Bioethics, recently proposed a solution to the current impasse over human embryonic stem cell research in the United States. He suggested that researchers could use genetic engineering and somatic cell nuclear transfer (i.e. cloning) to develop human ‘pseudo‐embryos’ that have no potential to develop fully into human persons. According to Hurlbut, even thinkers who typically ascribe high moral status to human embryos could approve of destroying (...) these ‘pseudo‐embryos’ for the sake of harvesting human embryonic stem cells. This essay argues, first, that an argument based on the ‘paradox of the heap’ (an argument that many ‘pro‐life’ thinkers employ in order to defend the notion that human embryos have high moral value from the moment of conception) challenges the ethical legitimacy of Hurlbut's proposal. Second, the paper argues that this conflict may illustrate a reductio ad absurdum for this ‘pro‐life’ argument itself rather than being a problem for Hurlbut's proposal. As a result, the paper challenges the ‘pro‐life’ strategy of arguing that one should respond to uncertainty about the moral status of developing embryos by being morally ‘cautious’ and granting all human embryos full moral status from the moment of conception. It appears that one is faced with a complex series of choices (about where to draw the moral line between entities that are human persons and entities that are not), and a strict moral ‘cautiousness’ about this series of choices may ultimately lead to absurdity. (shrink)

ABSTRACT Recent developments allow for the creation of human stem cells without the creation of human embryos, a process called alternate nuclear transfer (‘ANT’). Pursuing this method of stem cell research makes sense for pro‐lifers if arguments for the sanctity of the human embryo do not apply to ANT. However, the technology that makes ANT possible undermines the erstwhile technical barrier between human embryos and somatic cell DNA. These advances bring home the force of hypothetical arguments about the potential (...) of the DNA in somatic cells, showing that there is not a morally relevant difference between the potential of an embryo and the potential of the DNA in a somatic cell. Therefore, the supposed distinction between entities that are potential human life and entities that are human life does not give any support to arguments for the sanctity of the human embryo because those arguments extend value to too many entities. (shrink)

This article highlights a use of analogies in science that so far has received relatively little systematic discussion: providing reasons for pursuing a model or theory. Using the development of the liquid drop model as a test case, I critically assess two extant pursuit worthiness accounts: that analogies justify pursuit by supporting plausibility arguments and that analogies can serve as a guide to potential theoretical unification. Neither of these fit the liquid drop model case. Instead, I develop an alternative account, (...) based on the idea that analogies facilitate the transfer of a well-understood modelling strategy to a new domain. 1Introduction2Case Study: The Development of the Liquid Drop Model3Plausibility Accounts 3.1Bartha on plausibility and analogical inference3.2Plausibility and the drop analogy4Analogies as a Guide to Unification5Generative Accounts 5.1Analogy-based modelling strategies5.2Did analogies play a merely generative role?6A New Pursuit Worthiness Account of Analogies 6.1Transferring understanding-with through analogies6.2Understanding-with and the liquid drop model7Conclusion. (shrink)

Population ageing is a fact of all advanced economies. Fewer people are born all the while current members live longer. The support which old people have come to depend on, for example through elderly care and pensions, thus becomes increasingly expensive. This accentuates an assurance problem. Although it has been and still is the case that the young are willing to support the currently old, this support is not unconditional. In return they trust that coming generations will support them one (...) day. Historically pro-old welfare state institutions (e.g., pension systems) have offered individuals this assurance: their claim on future generation to support them has been credible simply by positive economic and demographic development. Economic growth has been a blessing for the cooperation between generations necessary to realise old age support. This paper describes this assurance problem in simple game theoretical terms, argues that it has been neglected in historically prominent justifications of pro-old welfare state institutions, and discusses what can be done to preserve trust in times of population ageing and weak economic growth. (shrink)

Both philosophical and practical analyses of global justice issues have been vitiated by two errors: a too-high emphasis on the supposed duties of collectives to act, and a too-low emphasis on the analysis of causes and risks. Concentrating instead on the duties of individual actors and analysing what they can really achieve reconfigures the field. It diverts attention from individual problems such as poverty or refugees or questions on what states should do. Instead it shows that there are different duties (...) for political leaders, intelligence operatives, opinion leaders and citizens in devising, urging and implementing such plans as transfers of aid with accountability, military interventions in rogue states and limited intakes of refugees. With collectivist excuses for inaction such as sovereignty out of the way, it is possible to take a cautiously optimistic view of the possibility of forceful and morally responsible interventions in the range of major global problems. (shrink)

This article argues that two forms of mitochondrial replacement therapy, maternal spindle transfer and pro-nuclear transfer, are not therapies at all because they do not treat children who are coming into existence. Rather, these technologies merely create healthy children where none was inevitable. Even if creating healthy lives has some value, it is not to be confused with the medical value of a cure or therapy. The article addresses a recent Bioethics article, ‘Mitochondrial Replacement: Ethics and Identity,’ by (...) Wrigley, Wilkinson, and Appleby, who argue that PNT is morally favorable to MST due to the Non-Identity Problem. Wrigley et al. claim that PNT, since it occurs post-conception, preserves the identity of the resulting child, whereas MST, since it occurs pre-conception, is an identity-altering technique. As such, a child born with mitochondrial disease could complain that her parents failed to use PNT, but not MST. The present article argues that the authors are mistaken: both MST and PNT are identity-affecting techniques. But this is of little matter, for we should be cautious in drawing any moral conclusions from the application of the Non-Identity Problem to cases. The article then argues that the authors are mistaken in inferring that PNT is a type of embryonic cure or therapy for children with mitochondrial disease. The article cautions against the mistaken life-saving rhetoric that is common in bioethics discussions of MRTs. (shrink)

As public research organisations are increasingly driven by their national and regional governments to engage in knowledge transfer, they have started to support the creation of companies. These research based spin-off companies (RBSOs) often keep contacts with the research institutes they originate from. In this paper we present the results of a study of four research institutes within two universities and two non-university public research organisations (PROs) in the Netherlands. We show that research organisations have distinct motivations to support (...) the creation of spin-off companies. In terms of resources RBSOs contribute, mostly in a modest way, to research activities by providing information, equipment and monetary resources. In particular, RBSOs are helpful for researchers competing for research grants that demand participation of industry. Furthermore, RBSOs may be seen as a proactive response by Dutch public research organisations to demands of economic relevance from their institutional environment. RBSOs enhance the prestige of their parent organisations and create legitimacy for public funds invested in PROs. At the same time, most RBSOs do not have a significant impact on the direction of the research conducted at the PROs. (shrink)

In his classic work The Mind and its Place in Nature published in 1925 at the height of the development of quantum mechanics but several years after the chemists Lewis and Langmuir had already laid the foundations of the modern theory of valence with the introduction of the covalent bond, the analytic philosopher C. D. Broad argued for the emancipation of chemistry from the crass physicalism that led physicists then and later—with support from a rabblement of philosophers who knew as (...) much about chemistry as etymologists—to believe that chemistry reduced to physics. Here Broad’s thesis is recast in terms more familiar to chemists. In the hard sell of particle physics, several prominent figures in chemistry—Hoffmann, Primas, and Pauling—have had their views interpreted to imply that they were sympathetic to greedy reductionism when in fact they were not. Indeed, being chemists without physicists as alter egos, they could not but side with Broad’s contention that chemistry, as a science that deals primarily in emergent phenomena which are beyond the purview of physicalism, owes no acquiescence to particle physics and its ethereal wares. Historically, among the most widely used expediencies in chemistry and materials science are additivity or mixture rules and their cohort transferability, all of which are devised and used under the mantle of naive reductionism. Here it is argued that while the transfer of functional groups between molecules works empirically to an extent, it is strictly outlawed by the no-cloning theorem of quantum mechanics. Several illustrative examples related to chemistry’s irreducibility to physics are presented and discussed. The failure of naive reductionism exhibited by the deep-inelastic scattering of leptons by A > 2 nuclei is traced to the same flawed reasoning that was the original basis of Moffitt’s ‘atoms in molecules’ hypothesis, the neglect of context, nuclei in the case of high-energy physics and molecules in the case of chemistry. A non-exhaustive list of other contexts from physics, chemistry, and molecular biology evidencing similar departures from the ideal of additivity or reductionism is provided for the perusal of philosophers. Had the call by the mathematician J. T. Schwartz for developments in mathematical linguistics possessed of a less single, less literal, and less simple-minded nature been met, perhaps it might have persuaded scientists to abandon their regressive fixation with unphysical reductionism and to adapt to new methodologies that engender a more nuanced handling of ubiquitous emergent phenomena as they arise in Nature than is the case today. (shrink)

Reprogramming of somatic cells to a pluripotent state holds huge potentials for regenerative medicine. However, a debate over which method is better, somatic cell nuclear transfer (SCNT) or induced pluripotent stem (iPS) cells, still persists. Both approaches have the potential to generate patient‐specific pluripotent stem cells for replacement therapy. Yet, although SCNT has been successfully applied in various vertebrates, no human pluripotent stem cells have been generated by SCNT due to technical, legal and ethical difficulties. On the other hand, (...) human iPS cell lines have been reported from both healthy and diseased individuals. A recent study reported the generation of triploid human pluripotent stem cells by transferring somatic nuclei into oocytes, a variant form of SCNT. In this essay, we discuss this progress and the potentials of these two reprogramming approaches for regenerative medicine. (shrink)

The mammalian egg employs a wide spectrum of epigenome modification machinery to reprogram the sperm nucleus shortly after fertilization. This event is required for transcriptional activation of the paternal/zygotic genome and progression through cleavage divisions. Reprogramming of paternal nuclei requires replacement of sperm protamines with canonical and non‐canonical histones, covalent modification of histone tails, and chemical modification of DNA (notably oxidative demethylation of methylated cytosines). In this essay we highlight the role maternal histone variants play during developmental reprogramming following (...) fertilization. We discuss how reduced maternal histone variant incorporation in somatic nuclear transfer experiments may explain the reduced viability of resulting embryos and how knowledge of repressive and activating maternal factors may be used to improve somatic cell reprogramming. (shrink)

Since the 1980s in the US and the 1990s in Europe, patenting and licensing activities by universities have massively increased. This is strongly encouraged by governments throughout the Western world. Many regard academic patenting as essential to achieve ‘knowledge transfer’ from academia to industry. This trend has far-reaching consequences for access to the fruits of academic research and so the question arises whether the current policies are indeed promoting innovation or whether they are instead a symptom of a pro-intellectual (...) property (IP) culture which is blind to adverse effects. Addressing this question requires both empirical analysis (how real is the link between academic patenting and licensing and ‘development’ of academic research by industry?) and normative assessment (which justifications are given for the current policies and to what extent do they threaten important academic values?). After illustrating the major rise of academic patenting and licensing in the US and Europe and commenting on the increasing trend of ‘upstream’ patenting and the focus on exclusive as opposed to non-exclusive licences, this paper will discuss five negative effects of these trends. Subsequently, the question as to why policymakers seem to ignore these adverse effects will be addressed. Finally, a number of proposals for improving university policies will be made. (shrink)

This update to the award-winning first edition analyzes the pros and cons of different media and focuses on general guidelines and basic principles, making the ideas in this guide transferable to future technologies.

BackgroundBreakthroughs in animal studies make the topic of human application of ectogenesis for medical and non-medical purposes more relevant than ever before. While current data do not yet demonstrate a reasonable expectation of clinical benefit soon, several groups are investigating the feasibility of artificial uteri for extracorporeal human gestation.Main textThis paper offers the first comprehensive and up to date discussion of the most important pros and cons of human ectogenesis in light of clinical application, along with an examination of crucial (...) ethical (and legal) issues that continued research into, and the clinical translation of, ectogenesis gives rise to. The expected benefits include advancing prenatal medicine, improving neonatal intensive care, and providing a novel pathway towards biological parenthood. This comes with important future challenges. Prior to human application, important questions have to be considered concerning translational research, experimental use of human fetuses and appropriate safety testing. Key questions are identified regarding risks to ectogenesis’ subjects, and the physical impact on the pregnant person when transfer from the uterus to the artificial womb is required. Critical issues concerning proportionality have to be considered, also in terms of equity of access, relative to the envisaged application of ectogenesis. The advent of ectogenesis also comes with crucial issues surrounding abortion, extended fetal viability and moral status of the fetus.ConclusionsThe development of human ectogenesis will have numerous implications for clinical practice. Prior to human testing, close consideration should be given to whether (and how) ectogenesis can be introduced as a continuation of existing neonatal care, with due attention to both safety risks to the fetus and pressures on pregnant persons to undergo experimental and/or invasive procedures. Equally important is the societal debate about the acceptable applications of ectogenesis and how access to these usages should be prioritized. It should be anticipated that clinical availability of ectogenesis, possibly first as a way to save extremely premature fetuses, may spark demand for non-medical purposes, like avoiding physical and social burdens of pregnancy. (shrink)

Fetal reduction is the practice of reducing the number of fetuses in a multiple pregnancy, such as quadruplets, to a twin or singleton pregnancy. Use of assisted reproductive technologies increases the likelihood of multiple pregnancies, and many fetal reductions are done after in vitro fertilisation and embryo transfer, either because of social or health-related reasons. In this paper, I apply Joe Horton’s all or nothing problem to the ethics of fetal reduction in the case of a twin pregnancy. I (...) argue that in the case of a twin pregnancy, there are two intuitively plausible claims: abortion is morally permissible, and it is morally wrong to abort just one of the fetuses. But since we should choose morally permissible acts rather than impermissible ones, the two claims lead to another highly implausible claim: the woman ought to abort both fetuses rather than only one. Yet, this does not seem right. A plausible moral theory cannot advocate such a pro-death view. Or can it? I suggest ways to solve this problem and draw implications for each solution. There are no data in this work. (shrink)

In the December-1989 issue of Analog, I wrote an AV Column entitled “Cold Fusion, Pro-fusion, and Con-fusion” that described and gave my opinions about the recently announced “discovery of cold fusion” by Stanley Pons and Martin Fleischmann. These University of Utah electro-chemists claimed that by electrolyzing D2O on a tabletop, they had produced the nuclear fusion of deuterium nuclei.

Based on an extended fieldwork, the paper discusses the construction of identity in a Brazilian quilombo - a term originally used by the Portuguese authorities to juridically define the flights of the Brazilian slaves. Appealing to a Constitutional Article granting the property of the land to the descendant of the fugitive slaves, the people of Frechal (Maranhão) obtained - after complex events overshadowed by tension and violence - the expropriation of the land bought by an entrepreneur of São Paulo with (...) the precise intent to forcibly expel the local population. Founding their right on an idea of cultural authenticity and mobilizing a symbolism capable of legitimating their claims and of giving them a legal weight, they transformed themselves from object of slavery, discrimination and racism to ethno-political subjects. Proceeding from the analysis of this paradigmatic case, the article shows how the term quilombo can be "re-semanticized" in order to be applicable to the contemporary situations of the Afro-Brazilian population. The actuality of the word, transferred from its original juridical meaning of colonial matrix, is founded on the idea that the quilombo s are not isolated survivals of the past to honor in the memory of the heroes that fought against slavery. Rather they represent true projects of a new political order, nuclei of the contemporary resistance founded on the collective property of the land. As such the quilombos are considered as real counterpoints to the neoliberal expansion in the rural areas. (shrink)

Oogenesis being performed in the ovary shows two different kinds of nuclei in the nursing cells. The above mentioned nuclei are transferred and incorporated into the nuclei of developing eggs, which become sexually differentiated and showWolanski's methyl-green reaction. The sex determination is, therefore, cytologically progamic and genotypical. The spawned eggs in the jelly strings appear first of identical shape and are all coated from the very beginning with grainy bonellian pigment, but afterwards, being reared in free water (...) cultures in the absence of females, they differentiate into distinctly different male and female larvae. The numerical ratio of the sexually differentiated larvae is discussed. The true chromosomes in gamogenesis as well as in somatic cells have not been found. L'oogénèse qui a lieu dans l'ovaire montre deux sortes de noyaux dans les cellules nourricières. Les noyaux mentionnés ci-dessus sont transportés dans les noyaux des ovules en voie de développement qui se différencient sexuellement et montrent la réaction deWolanski au vert de méthyle. Le déterminisme du sexe est, par conséquent progamique et génotypique, du point de vue cytologique. Les ovules déposés en gelée sont d'abord de forme identique et sont tous recouverts, dès le début, du pigment granulé de boneliéne, mais, élevés par la suite, dans des cultures en eau courante, en l'absence des femelles, ils se différencient distinctement en larves mâles et femelles. La proportion numérique des larves différenciées sexuellement est discutée. Dans la gamétogénèse, comme dans les cellules somatiques, les vrais chromosomes restent introuvables. Während der Oogenese, die sich im Eierstock abspielt, zeigen sich zwei differente Kerntypen in den Nährzellen. Diese Kerne werden allmählich in die Kerne des sich entwickelnden Eies übertragen und dort inkorporiert. Das Ei wird dadurch geschlechtlich differenziert und zeigt dann dieWolanski's Methyl-grün Reaktion. Die sexuelle Determination ist somit progam und genotypic. Die in schnurartigen Gallerten abgelegten Eier sind am Beginn von gleicher Form und Grösse, so wie von Anfang an mit Körnchen des Pigmentes Bonellein bekleidet. In freien Wasserkulturen,ohne Weibchen, entwickeln sie sich in deutlich differenzierte männliche und weibliche Larven. Das numerische Verhältniss der geschlechtlich differenten Larven wird diskutiert. Echte Chromosomen sind weder bei der Gamogenese noch in somatischen Zellen gefunden worden. (shrink)

During early embryonic development in several metazoans, accurate DNA replication is ensured by high number of replication origins. This guarantees rapid genome duplication coordinated with fast cell divisions. In Xenopus laevis embryos this program switches to one with a lower number of origins at a developmental stage known as mid‐blastula transition (MBT) when cell cycle length increases and gene transcription starts. Consistent with this regulation, somatic nuclei replicate poorly when transferred to eggs, suggesting the existence of an epigenetic memory (...) suppressing replication assembly origins at all available sites. Recently, it was shown that histone H1 imposes a non‐permissive chromatin configuration preventing replication origin assembly on somatic nuclei. This somatic state can be erased by SSRP1, a subunit of the FACT complex. Here, we further develop the hypothesis that this novel form of epigenetic memory might impact on different areas of vertebrate biology going from nuclear reprogramming to cancer development. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Objective Reality of Ideas in Descartes, Caterus, and Su irez NORMAN j. WELLS IT HAS LONG BEEN ACKNOWLEDGEDthat Francisco Sufirez's distinction between a formal and an objective concept exercised some influence upon Descartes's teaching on 'idea'.' It would appear, however, that not enough attention has been given to that distinction of Sufirez (and especially to another to be mentioned shordy) to aid in dispelling what I take to be (...) a widespread confusion and misunderstanding with regard to 'idea' in Descartes, especially with respect to 'idea' taken 'objectively'. Much, if not all, of the confusion in question has to do with Descartes's admittedly equivocal use of the term 'idea'. For he had allowed that 'idea' could be taken 'materially' (materialiter), on the one hand, for the knowing activity of the intellect. On the other hand, it could be taken 'objectively' (objective) for the thing (res) represented by that knowing activity.' At this point, the contemporary reader can only be brought up short, See E. Gilson, Index scolastico-cart~sien (New York: Burt Franklin Reprint, 1912), 48-49; Discours de la m~thode: Texte et commentazre (Paris: J. Vrin, 1947), 321; G. Rodis-Lewisin her edition of Meditationes de Prima PhRosoph.m (Paris: J. Vrin, 1953), 41 n. 1; L'oeuure de Descartes (Paris: J. Vrin, 1971), 53~ n. 8; J. Collins, Modern European Philosophy (Milwaukee: Bruce, 1954), 165;T.J. Cronin, S.J., Objecttve Being m Descartes and SuArez (Rome: Gregorian University Press, 1966); "Objective Reality of Ideas in Human Thought: Descartes and Su~rez," Wisdom in Depth: Essays in Honor of Henri Renard, SJ., eds. V. F. Daues, S.J., M. R. Holloway, S.J., L. Sweeney, S.J. (Milwaukee : Bruce, 1966), 68-79; L. Gilen, S.J., "Uber die Beziehungen Descartes zur zeitgenossischen Scholastik," Scholastik 32 (1957): 41-66; R. Dalbiez, "Les sources scolastiques de la th~orie cart6sienne de l'&re objectif," Revue d'histoire de la philosophic 3 (1929): 464-72;J. Owens, C.S.S.R., in The Cambridge HtstoU of Later Medu,val Philosophy, eds. N. Kretzmann, A. Kenny, J. Pinborg (Cambridge University Press, 1982), 459; G. Nuchelmans,Judgment and Propositwnfrom Descartesto Kant (Amsterdam: North Holland Publishing Co., 1983), 36-54. " Oeuvres de Descartes, ed. C. Adam et P. Tannery, 11 vols. (Paris: J. Vrin, 1897-19o9; hereafter cited according to volume, page and line), Praefatio ad Lectorem, 7: 8. 19-251 "Sed respondeo hic subesse aequivocationem in voce ideae: sumi enim potest vel materialiter, pro operatione intellectus, quo sensu me perfectior dici nequit, vel objective, pro re per istam operationem repraesentata, quae res, etsi non supponatur extra intellectum existere, potest tamen me esse perfectior ratione suae essentiae." It is clear that two realities are to be causally accounted for. The [33] 34 JOURNAL OF THE HISTORY OF PHILOSOPHY 28"1 JANUARY 1990 conditioned as we are by an appreciation of 'objectivity' altogether extramental! It makes for a considerable wrench of perspective to do justice to Descartes's acknowledged doctrine of intramental objectivity and an intramental 'thing represented' (resrepraesentata). 'Idea', then, in traditional Cartesian fashion, designates the act of representing as well as the 'thing represented '. S Yet, for all this, and despite repeated expressions of the same doctrine, there is a persistent tendency in the history of Cartesianism and its scholarship to interpret 'idea' taken 'objectively' as in some way representative. Contrary to what I take to be Descartes's constant position, such a rendering unwittingly transfers that function which is proper to the cognitive activity, mind is the efficient cause of its cognitive activity. With respect to ideas taken 'objectively', such as the ideas of God and the triangle on the levels of metaphysical and mathematical intelligibility, an efficient cause, extrinsic to the mind, is certainly at issue. For here we are in the presence of what is independent of the mind, however intramental it may be. On the triangle, see Medit. 5; 7: 64. ]4s7 : "...est tamen profecto determinata quaedam ejus natura, sire essentia, sive forma, immutabUis et aeterna, quae a me non efficta est, nec a mente mea dependet." For the idea of God, see Medit. 5; 7: 68. l o-12: "Nam sane multis modis inteUigo illam [ideam... (shrink)

Some key problems of present-day astrophysics are critically revisited. Particular consideration is given to (1) supernova explosions, their mechanism, their progenitors, and their stellar remnants; (2) a radiation-transfer interpretation of supernova light curves; (3) the dearth of supernova-neutron star associations; (4) the central engines and jet-formation mechanisms of the four classes of bipolar-flow sources, in particular of the active galactic nuclei and the young stellar objects; (5) a critical discussion of the different ways in which cosmic rays are (...) thought to be generated, up to the highest energies, including the grindstone mechanism; and (6) an analysis of the ways in which the Earth, Sun, and Milky Way regenerate their magnetic fields. (shrink)

In the bracket mushroom, Schizophyllum commune, a recessive genetic alteration, mnd, causes abnormally hyperplastic three‐dimensional mounds of hyphae to rise from the surface of both haploid and dikaryotic mycelia. mnd, although not a genetic block in the fruiting body developmental pathway, is at least partially epistatic to fruiting. Within dikaryons containing both mutant and wild‐type nuclei, [mnd + mnd+], a nonreciprocal somatic recombination event can lead to stable conversion of the mnd+ region of the wild‐type nucleus to mnd. This (...) transformation to the homoallelic [mnd + mnd] condition involves no genomic areas other than the mnd region and permanently prevents any further fruiting. Studies relating to the recombination mechanism have ruled out a diploid intermediate state and other concomitants of orthodox somatic recombination, as well as whole chromosome transfer. Instead, a novel form of internuclear genetic transfer is postulated whereby a nearby locus, mob+, controls the mobilization of the mnd chromosomal region alone from one nucleus to the other within the binucleate cells of dikaryotic mycelia. (shrink)

Music and noise can be considered as a collection of vibrational events which may impinge upon the body and the mind. As such they can induce beneficial or harmful bodily and psychological reactions. Much contemporary music production and consumption, however, produces sensory saturation and/or overload with sounds being manipulated in terms of spectrum and dynamic range. Such manipulation is not harmful by definition, but the manipulations may increase the potential for harm. Much research has been devoted to the risk of (...) auditory overstimulation, but the topic is still relevant as listening to music is a significant form of leisure noise exposure. Listening habits and attitudes toward loud music may even promote behaviors that could cause harm to listeners, both in a direct and indirect way. Listening to loud music, in fact, may be damaging to the cochlea (and possibly also the auditory nuclei and the auditory pathway), and may cause both temporary or permanent hearing loss. On the other hand, loud music may have benefits for us, particularly in terms of social integration and an enhanced sense of wellbeing and fun. Several questions can therefore be raised. What are the physical effects of sound as transferable and vibrational energy? Are there constraints and biases that shape and modify our reactions to the sounds? What are the perceptual and associated behavioral aspects? What are the psychological mechanisms for liking loud music? What are the social factors that contribute to increased preferences for loud music? And how can we assess the beneficial and harmful effects of sounds that are outside of the optimal range of stimulation? (shrink)

To clone humans is deliberately to generate two or more individuals who share the same nuclear deoxyribonucleic acid. Using animals, researchers have performed two basic types of cloning that will eventually yield commercial benefits. Embryo twinning involves separating the individual cells of an embryo and allowing each to cleave for later transfer to a uterus. Cloning by nuclear transfer involves removing the nuclei from embryonic cells or fetal or adult somatic cells and fusing those nuclei with (...) enucleated donor egg cells. Although for the purposes of commercial biotechnology these techniques do not raise undue concern when attempted with animals, embryo twinning, embryo nuclear transfer, fetal somatic cell nuclear transfer, and adult somatic cell nuclear transfer all provoke intense ethical discussions when considered for human use. (shrink)

To clone humans is deliberately to generate two or more individuals who share the same nuclear deoxyribonucleic acid. Using animals, researchers have performed two basic types of cloning that will eventually yield commercial benefits. Embryo twinning involves separating the individual cells of an embryo and allowing each to cleave for later transfer to a uterus. Cloning by nuclear transfer involves removing the nuclei from embryonic cells or fetal or adult somatic cells and fusing those nuclei with (...) enucleated donor egg cells. Although for the purposes of commercial biotechnology these techniques do not raise undue concern when attempted with animals, embryo twinning, embryo nuclear transfer, fetal somatic cell nuclear transfer, and adult somatic cell nuclear transfer all provoke intense ethical discussions when considered for human use. (shrink)

Making use of the liberal concept of civil disobedience, this paper assesses, under which circumstances instances of illegal digital protest—called “hacktivism”—can be justified vis-à-vis the pro tanto political obligation to obey the law. For this, the paper draws on the three main criteria for liberal civil disobedience—publicity, nonviolence, and fidelity to law—and examines how these can be transferred to the realm of the digital. One of the main disanalogies between street and cyberspace protests is the tendency of hacktivists to remain (...) anonymous, which in turn calls into question their fidelity to law (the third criterion). The paper argues that there are functionally equivalent alternatives to what can be called the “acceptance-of-legal-consequences-condition” (ALCC) associated with the fidelity to law. As a result, the ALCC is not a necessary condition for hacktivists to showcase their fidelity to law, thereby resolving the apparent disanalogy. (shrink)

The article presents preliminary results of the conceptual analysis of the mechanistic profile of the computer metaphor. Mechanic reductionism is a special direction of computer metaphor rooted in various historical forms of word usage. Here we trace the stages of formation of the principles of transferring the properties of a mechanical computer to the properties of the human body and mind. We are also trying to identify the basic principles of semantic transfer, which have survived to this day in (...) the discourse of modern computationalism. The reasons are analyzed due to which the metaphor «Human (body) is machine», traditional for the Modern Age, was transformed into a more complex version of «Mind is machine». What happened to the concepts of «mind» and «machine»? How have ideas about the properties of computational procedures changed? What keeps the counterintuitive computer metaphor viable today? The answers to this series of questions and theoretical ways of solving these problems are contained in this paper. (shrink)

Making use of the liberal concept of civil disobedience, this paper assesses, under which circumstances instances of illegal digital protest—called “hacktivism”—can be justified vis-à-vis the pro tanto political obligation to obey the law. For this, the paper draws on the three main criteria for liberal civil disobedience—publicity, nonviolence, and fidelity to law—and examines how these can be transferred to the realm of the digital. One of the main disanalogies between street and cyberspace protests is the tendency of hacktivists to remain (...) anonymous, which in turn calls into question their fidelity to law (the third criterion). The paper argues that there are functionally equivalent alternatives to what can be called the “acceptance-of-legal-consequences-condition” (ALCC) associated with the fidelity to law. As a result, the ALCC is not a necessary condition for hacktivists to showcase their fidelity to law, thereby resolving the apparent disanalogy. (shrink)

In 1992, the United States Supreme Court, in Planned Parenthood of Southeastern Pennsylvania v. Casey, upheld the ruling in Roe v. Wade, namely that women have a right “to choose to have an abortion before viability and to obtain it without undue interference from the State.”1 However, since this ruling, some states have imposed regulations that greatly limit this right by restricting access. Texas is a recent example of this. Two proposed restrictions in House Bill 2, which will be discussed (...) in detail below, will force all but eight clinics that are located in metropolitan areas to shut down. The U.S. Supreme Court put the proposed restrictions on hold in October 2014, allowing several clinics to remain open while the restrictions are being appealed in the U.S. Court of Appeals for the Fifth Circuit. If the restrictions are passed, however, those clinics will be forced to shut down and, as a result, many women in Texas will be required to travel more than 100 miles in order to access a safe and legal abortion. Much of the focus of these restrictions has been on women and rightly so. However, I want to turn the attention to physicians. The requirements exacerbate unfair treatment of abortion providers compared with other physicians. Abortion providers face threats from the public—some of which turn into violent attacks—and they are often ostracized by their fellow medical practitioners. There are so few abortion providers to begin with and the proposed requirements limit these physicians’ opportunities to practice the branch of medicine of their choosing. Although the HB 2 requirements may not result in an unconstitutional undue burden on physicians, the challenges created by the bill limit physicians’ abilities to provide abortions. As a result of these limits, HB 2 creates an unconstitutional undue burden for women seeking abortions by creating barriers directed at abortion providers and clinic staff who are willing and able to provide abortions. The first of the two controversial HB 2 requirements is the admitting privileges requirement: “A physician performing or inducing an abortion must, on the date the abortion is performed or induced, have active admitting privileges at a hospital that is located not further than 30 miles from the location at which the abortion is performed or induced.”2 The second requirement is the ambulatory surgical center requirement: “The minimum standards for an abortion facility must be equivalent to the minimum standards adopted under [Texas Health & Safety Code] [...] for ambulatory surgical centres.”3 In order to meet these state-mandated obligations, some abortion clinics would have to spend more than $1 million in upgrades if they wish to remain open. The District Court decided that the ambulatory surgical center requirement places an unconstitutional undue burden on women, and that the two requirements together place an undue burden on women in Texas and especially in the Rio Grande Valley where the nearest clinic is a couple hundred miles away.4 Later, the U.S. Court of Appeals for the Fifth Circuit reversed the District Court’s decision and argued, “the admitting privileges requirement is constitutional on its face.”5 While the regulations are being appealed, the Supreme Court granted a stay of injunction, allowing about twelve abortion clinics to reopen until a final decision regarding the regulations is made. The District Court ruled that the purpose of the two regulations was to create a substantial obstacle for women seeking abortions in Texas. While the defendants argued that the regulations were designed to make abortions safer and reduce risk, the Court decided that this was not the case. An abortion, especially a first-term abortion, is a very safe procedure and is safer than many other routine surgical procedures. As stated in Planned Parenthood v. Casey, “Unnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion impose an undue burden on the right.”6 The undue burden in this case is imposed, not through restricting women’s access directly, but by restricting physicians’ freedom to perform abortions. The admitting privileges requirement has reduced the number of physicians who can perform abortions and the ambulatory surgical center requirement has reduced the number of clinics where abortions can be performed. The American Medical Association states, “[t]he Principles of Medical Ethics of the AMA do not prohibit a physician from performing an abortion in accordance with good medical practice and under circumstances that do not violate the law.”7 This means that physicians are not required to perform abortions, except in emergency situations, but can as long as the procedure is done safely and does not violate the law. The new Texas regulations, however, are so restrictive that few abortion providers, limited to only four urban areas, can legally perform abortions. Physicians do not have an absolute right to perform abortions as opposed to women who have an absolute right to have access to an abortion. Physicians do face many challenges that other professionals face in terms of obtaining qualifications and finding work. Abortion providers, however, face challenges that most other physicians do not. The restrictions imposed by these regulations exacerbate unfair treatment toward abortion providers and place further obstacles in their path in terms of providing the service they want and are qualified to provide. Both abortion clinics and abortion providers are being treated differently from other medical clinics and physicians. For instance, “grandfathering of existing facilities and the granting of waivers from specific requirements is prohibited for abortion providers, although other types of ambulatory surgical facilities are frequently granted waivers or are grandfathered.”8 Many abortion clinics cannot afford the necessary upgrades. Furthermore, it is extremely expensive to open a brand new clinic that complies with the ambulatory surgical center requirements. Being grandfathered in would be the only option available to abortion clinics that cannot afford the upgrade. However, unfair treatment of abortion clinics and providers is preventing those clinics from being grandfathered into the new system. As a result, many abortion clinics may be forced to close. Admitting privileges are proving difficult or impossible for physicians both to obtain and, for those who have already been granted privileges, to keep. Dr. Sherwood Lynn, an obstetrician-gynecologist who has performed abortions for decades, describes the process of obtaining admitting privileges and the difficulties abortion providers face. After sending in an application a physician must wait for the hospital to send them the required materials, “but if the address of the practice on the application is of an abortion provider or clinic, [the hospital] won’t send [them] the package of materials required. [They] simply can’t apply.”9 Dr. Lynn and several other physicians have surmised that hospitals are only withholding privileges from qualified physicians who perform abortions and that other physicians do not face this discriminatory treatment. Hospitals have also revoked privileges granted to physicians after learning that the physicians perform abortions. For instance, in Texas two doctors, “received notices [...] informing them that their admitting privileges to the University General Hospital of Dallas have been revoked, with the hospital’s CEO claiming the hospital was unaware they were providing abortion care and that the hospital believed such care would damage its reputation.”10 What is curious about this revocation is that, “federal and state laws [...] forbid hospitals from discriminating against doctors who perform abortions,” and yet hospitals are clearly doing just that.11 Dr. Pamela Richter, another abortion provider in Texas, had her temporary admitting privileges revoked with no explanation and because of this, the clinic where she performed abortions, Reproductive Services, can no longer provide abortions at all.12 As the hospital gave no reason for the revocation, it not clear Dr. Richter’s privileges were revoked because she performs abortions. Dr. Richter, however, has performed over 17,000 abortions and her privileges were revoked soon after HB 2 was introduced.13 According to the Texas Hospital Association, giving admitting privileges to doctors who do not work for the hospital is expensive and time-consuming but this does not account for the fact that hospitals are revoking previously granted privileges from physicians whom they learn are providing abortion services.14 As mentioned previously, the District Court found that the admitting privileges requirement and the ambulatory surgical center requirement do not further ensure the health and safety of women undergoing an abortion. Several physicians have testified to this fact. Dr. Lynn stated in an interview: The admitting privileges requirements are [...] absolutely unnecessary. If you have a number of patients waiting for procedures, and something happens and a patient needs to be transferred to a hospital, you’re not going to leave everyone else and go to the hospital. That makes no sense. You’re going to refer that person to a gynecologist at the hospital. There is no safety issue involved here. If a patient shows up with an emergency, every hospital is required to admit that patient. They have to by law.15 It is rare that complications will arise from an abortion performed in a clinic. Dr. Richter, for example, has performed more than 17,000 abortions and not once had to send a patient to a hospital because of complications resulting from the procedure. According to Dr. Lynn even if abortion providers were granted privileges to hospitals, it is unlikely that they will exercise them. In essence, having admitting privileges at a hospital does nothing to further ensure the safety of an already safe procedure. The only result of the admitting privileges requirement is to limit certain physicians’ ability to perform legal abortions. Not only do the HB 2 requirements fail to further ensure the health and safety of women, the HB 2 requirements may actually create more health risks to women who cannot access the eight remaining clinics. The first risk is that the remaining clinics would have an influx of patients that they may not be able to handle, forcing women to wait longer for an appointment. As stated by the District Court, “[e]ven assuming every woman in Texas who wants an abortion [...] could travel to one of the four metropolitan areas where abortions will still be available, the cumulative results of HB 2 are that, at most, eight providers would have to handle the abortion demand of the entire state.”16 Furthermore, “[t]hat the State suggests that these seven or eight providers could meet the demand of the entire state stretches credulity.”17 Abortion is a time sensitive procedure. It is safest when performed early in a pregnancy. The increase in patients to these remaining clinics, assuming all women in Texas can access them, will increase wait times and may force women to have abortions later in pregnancy. In the worst-case scenario, a woman would not see an abortion provider at all before viability. Such instances may be rare, but they are possible. In such cases, women’s access to legal abortions becomes impossible and thereby violate the ruling in Roe. Clinics may be able to avoid the aforementioned problems if they hire more physicians. However, there are two barriers to hiring more physicians. First, as mentioned previously, admitting privileges to Texas hospitals are difficult, if not impossible, for abortion providers to obtain. Second, given the negative treatment of abortion providers by anti-abortion groups, many physicians are not willing to perform abortions. The harassment abortion providers face is unique to those physicians and many physicians will not perform abortions for that reason. In an article published in the Austin Chronicle, anti- abortion activist Abby Johnson, “discusses how her group investigated appraisal district records to find the new location of where an Austin abortion physician plans to work.”18 Johnson states, “These abortionists are feeling the pressure from the pro-life movement in Texas. I think they feel like they’re on the run. And that’s how we want to keep it.”19 If the HB 2 requirements are passed and there remain at most eight abortion providers in Texas, these activists will concentrate on those clinics and, “the dangerous impact of their intimidation tactics will be exacerbated.”20 Even if the number of physicians needed to meet the demand in Texas can obtain admitting privileges and work at one of the remaining clinics, they may choose not to do such work because they are putting themselves at risk. The harm abortion providers face from such anti-abortion groups is not unique to Texas. There are stories from all over the country and from other countries where abortion is legal of physicians receiving death threats. Dr. George Tiller, an abortion provider in Kansas, was killed outside his church and had received numerous death threats prior to this. The HB 2 requirements are making it so that abortion providers either cannot provide their services any longer or will face increased threats and increased danger to themselves. Physicians are allowed to conscientiously object to providing medical interventions in certain circumstances for moral and religious reasons. However, there are limits on this right. According to the American Congress of Obstetricians and Gynecologists, “[w]hen conscientious refusals conflict with moral obligations that are central to the ethical practice of medicine, ethical care requires that the physician provide care despite reservations or that there be resources in place to allow the patient to gain access to care in the presence of conscientious refusal.”21 I would argue fear for one’s safety in the face of immediate threats is perhaps a stronger ground on which to refuse to provide care than a personal belief that abortion is immoral or against one’s religion. ACOG also states, “[p]roviders with moral or religious objections should either practice in proximity to individuals who do not share their views or ensure that referral processes are in place so that patients have access to the service that the physician does not wish to provide.”22 This responsibility has been largely disputed by the medical community but in cases of rape, incest, and health risks to women, referrals must be made without exception. However, under the requirements of HB 2, working in proximity to an abortion provider may not be possible because they are so geographically limited. Referrals are supposed to be made within reason. Some areas of Texas, such as the Rio Grande Valley, are up to 200 miles away from the nearest clinic that would remain open if HB 2 is passed. Referrals may simply not be feasible given the geographical distances and the decreasing number of available physicians. As mentioned above, there are two risks to the health and safety of women as a result of HB 2. The second of these is that if a woman cannot access one of the remaining clinics, she may seek out a more convenient but illegal and unsafe abortion, which is far more likely to result in a dangerous complication. Dr. Lynn states, “[b]ecause of the restrictions lawmakers impose, women will seek abortions illegally, and we’re going to see a rise in septic abortions.”23 Some areas of Texas might effectively revert back to a pre-Roe era where abortions were performed in unsanitary conditions by unqualified people resulting in dangerous medical complications far more often than legal abortion procedures do now. Physicians like Dr. Lynn who want to prevent this from happening generally cannot do so without facing legal sanction. Physicians have a duty to provide safe medical care and if they cannot obtain admitting privileges, they cannot exercise this duty. ACOG released a statement expressing their objections to the new requirements. They state that HB 2 is, “plainly intended to restrict the reproductive rights of women in Texas through a series of requirements that improperly regulate medical practice and interfere with the patient-physician relationship.”24 Executive Vice-President of ACOG, Hal C. Lawrence III stated: The Texas bills set a dangerous precedent of a legislature telling doctors how to practice medicine and how to care for individual patients. ACOG opposes legislative interference, and strongly believes that decisions about medical care must be based on scientific evidence and made by licensed medical professionals, not the state or federal government.25 Abortion is one of only a few areas of medicine where the legislature imposes so many regulations restricting particular physicians’ ability to practice medicine. Not only are abortions providers being regulated by the state, they are also facing clear discrimination from others within the medical community. The state is closing down clinics that do not meet the ambulatory surgical center requirements and hospitals are denying physicians admitting privileges because they perform abortions. In summary, abortion providers are being discriminated against both by the legislature and other members of the medical community. Other physicians who do not perform abortions are not denied admitting privileges on discriminatory grounds. Clinics that cannot afford upgrades to become an ambulatory surgical center are being grandfathered in, while abortion clinics are being forced to close down. Ob-Gyns who conscientiously object to performing abortions and who are not located in close proximity to at least one abortion provider cannot effectively fulfill their duty to refer patients. Lastly, given the barriers these regulations will create, there will likely be a rise in complications resulting from abortions provided under grossly unsafe conditions. Physicians, whose duty it is to provide safe and effective medical care, are being denied the right to exercise this duty. While this denial may not be unconstitutional, it is certainly unjust and discriminatory and creates obstacles that other physicians do not face. Most importantly, these obstacles are creating an undue burden for women. The HB 2 requirements do not increase the health and safety of abortions; all they do is create substantial obstacles for women. In light of these observations, the requirements seem to me to be in clear violation of Casey, in which it was decided that, “[u]nnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion impose an undue burden on that right.”26 These regulations do just what Casey was meant to prohibit and this is accomplished through limiting physicians’ ability to practice safe abortions across the state of Texas. Therefore, the HB 2 requirements may not impose an undue burden on doctors but they do impose an undue burden on women. PDF available: Rachel Hill, "Texas HB 2," Voices in Bioethics. References: 1 Planned Parenthood of Southeastern Pennsylvania v. Casey, pg. 2. 2 Whole Women’s Health v. Lakey, pg. 2. 3 Ibid. 4 Ibid., 4. 5 Ibid., 2. 6 Planned Parenthood v. Casey, pg. 16 7 AMA Code of Medical Ethics, “Opinion 2.01 – Abortion,” American Medical Association. 8 Whole Women’s Health v. Lakey, pg. 10. 9 Dr. Sherwood Lynn, “A Texas Ob-Gyn Details the Horrific Consequences of Abortion Restrictions,” Cosmopolitan. 10 Feminist Newswire, “Texas Hospitals Revoke Admitting Privileges to Abortion Providers,” Feminist Majority Foundation Blog. 11 Ibid. 12 Ibid. 13 Ibid. 14 Glenn Hegar, “Texas Hospital Association’s Statement of Opposition to Section 2 of the Committee Substitute for Senate Bill 5,” Texas Hospital Association. 15 Dr. Lynn, “A Texas Ob-Gyn.” 16 Whole Women’s Health v. Lakey, pg. 10. 17 Ibid. 18 Mary Tuma, “Undercover Audio Reveals Anti-Abortion Tactics: Anti-abortion activists monitor and track providers, patients,” Austin Chronicle. 19 Ibid. 20 Ibid. 21 Committee on Ethics, “The Limits of Conscientious Refusal in Reproductive Medicine,” The American Congress of Obstetricians and Gynecologists. 22 Ibid. 23 Dr. Lynn, “A Texas Ob-Gyn.” 24 “Ob-Gyns Denounce Texas Abortion Legislation: Senate Bill 1 and House Bill 2 Set Dangerous Precedent,” The American Congress of Obstetricians and Gynecologists. 25 Ibid. 26 Planned Parenthood v. Casey, pg. 16. (shrink)

Punishment as a response to impairment of individual or group welfare may be found not only among humans but also among a wide range of social animals. In some cases, acts of punishment serve to increase social cooperation among conspecifics. Such phenomena motivate the search for the biological foundations of punishment among humans. Of special interest are cases of pro-social punishment of individuals harming others. Behavioral studies have shown that in economic games people punish exploiters even at a cost to (...) their own welfare. Additionally, neuroimaging studies have reported activity during the planning of such punishment in brain areas involved in the anticipation of reward. Such findings hint that there is an evolutionarily honed basic drive to punish social offenders. I argue that the transfer of punishment authority from the individual to the group requires that social offenders be punished as a public good, even if such punishment is not effective as retribution or deterrent. Furthermore, the social need for punishment of offenders has implications for alternatives to incarceration, publicity of punishment, and judicial structure. (shrink)

This paper is a critique of the current US patent system along general consequentialist lines. I present a pro tanto case against it because of its effects on scientific inquiry. The patent system is often thought to be justified because it provides incentives to innovate. I challenge this concern. Economists and legal scholars have spent a good portion of time analyzing particular aspects of the patent system. I here synthesize their work, showing how it amounts to a pro tanto moral (...) case against patents. This is the case even though patents are said to incentivize innovation, its disclosure, and its transfer to interested parties. I explore all of these possibilities, finding them to only weakly support the institution of patent rights. Juxtaposing this weak case for patents along with various problems that patents cause for science, we find a pro tanto case against our current patent system. To my knowledge, no one has tried to synthesize the various concerns I raise, with particular attention to not only the patent’s system purported ability to incentivize innovation, but also to disclose and transfer technology. (shrink)

The abortion controversy as a cultural phenomenon is itself socially troublesome. However, current biotechnology research programs point to a possible technological fix. If we could harmlessly remove fetuses from women’s bodies and transfer them to other women, cryonic suspension, or ectogenetic devices, this might mitigate the controversy. Pro-lifers’ apparent minimal requirement would be met—fetuses would not be killed. Pro-choicers’ apparent minimal requirement would be met—women could end pregnancies and control their bodies. This option has been optimistically anticipated by some (...) ethicists, but some people reject this fix because they are averse to being genetically related to a child they are not raising, insisting on the right to destroy the fetus as well as have it removed. Inthis paper I examine these issues, asking what the real issues in abortion rights are, whether technology can help, what the scope of reproductive autonomy is, and how technology will change the abortion debate. (shrink)

ABSTRACTIn the face of widespread poverty, Peter Singer argues that the best response is giving money to charitable organizations that give aid to the poor. In response, much criticism has been leveled by cosmopolitan philosophers that philanthropy is unable to effectively combat poverty for many reasons: such funds fall prey to corrupt bureaucrats, the poor will waste the money, or become dependent upon donations rather than providing for themselves. In this paper, I argue that the work of the organization GiveDirectly (...) offers an approach that can overcome the criticisms leveled against philanthropy. GiveDirectly works by providing direct cash transfers to the poor; by adopting such a straightforward method, GiveDirectly provides practical benefits to the poor, and overcomes key philosophical critiques. The poor are empowered to make choices to meet their own needs, and do not become dependent upon donations. While GiveDirectly does not constitute the solution to the problem of global poverty, it does pro... (shrink)

Your digital camera can do so much! And Digital Photography For Dummies, 6th Edition helps you shoot, edit, and share great photos. This full-color guide is packed with stuff that’s not in your camera manual — tips on upgrading your equipment, working with focus and exposure, shooting like a pro, organizing and enhancing your images, and printing them or getting them online. Are you already you’re hip-deep in images? Here’s how to manage them. This guide helps you learn what you (...) need for the way you take pictures, how to prolong battery life, the pros and cons of digital SLR, and more. Baffled by the lingo? The glossary explains all those terms and acronyms. You’ll also learn to: Set up your camera for basic shooting and learn to use automatic mode, common scene modes, and all the camera’s features Manage depth of field, exposure, and white balance, and make easy fixes with your photo editor Compose your photos for better pictures Easily transfer your pictures to the computer, print them, or distribute them electronically Edit your images and fix common problems like dim photos and red-eye Send photos to a cell phone Organize your pictures so you can find what you want Decide if your camera needs updating, what equipment you need, and what your digital darkroom should have Rich, full-color examples show what you can achieve. Digital Photography For Dummies, 6th Edition will make your digital camera a lot more fun! (shrink)

Background:Human health is dependent upon environmental sustainability. Many have argued that environmental sustainability advocacy and environmentally responsible healthcare practice are imperative healthcare actions.Research questions:What are the key obstacles to healthcare professionals supporting environmental sustainability? How may these obstacles be overcome?Research design:Data-driven thematic qualitative analysis of semi-structured interviews identified common and pertinent themes, and differences between specific healthcare disciplines.Participants:A total of 64 healthcare professionals and academics from all states and territories of Australia, and multiple healthcare disciplines were recruited.Ethical considerations:Institutional ethics approval (...) was obtained for data collection. Participants gave informed consent. All data were de-identified to protect participant anonymity.Findings:Qualitative analysis indicated that Australian healthcare professionals often take more action in their personal than professional lives to protect the environment, particularly those with strong professional identities. The healthcare sector’s focus on economic rationalism was a substantial barrier to environmentally responsible behaviour. Professionals also feared conflict and professional ostracism, and often did not feel qualified to take action. This led to healthcare professionals making inconsistent moral judgements, and feeling silenced and powerless. Constraints on non-clinical employees within and beyond the sector exacerbated these difficulties.Discussion:The findings are consistent with the literature reporting that organisational constraints, and strong social identification, can inhibit actions that align with personal values. This disparity can cause moral distress and residue, leading to feelings of powerlessness, resulting in less ethical behaviour.Conclusion:The data highlight a disparity between personal and professional actions to address environmental sustainability. Given the constraints Australian healthcare professionals encounter, they are unlikely to shift to environmentally responsible practice without support from institutions and professional associations. Professional development is required to support this endeavour. The poor transference of pro-ecological behaviour from one setting to another is likely to have international implications for healthcare practice. (shrink)

In cooperative Cournot oligopoly games, it is known that the β-core is equal to the α-core, and both are non-empty if every individual profit function is continuous and concave (Zhao, Games Econ Behav 27:153–168, 1999b). Following Chander and Tulkens (Int J Game Theory 26:379–401, 1997), we assume that firms react to a deviating coalition by choosing individual best reply strategies. We deal with the problem of the non-emptiness of the induced core, the γ-core, by two different approaches. The first establishes (...) that the associated Cournot oligopoly Transferable Utility (TU)-games are balanced if the inverse demand function is differentiable and every individual profit function is continuous and concave on the set of strategy profiles, which is a step forward beyond Zhao’s core existence result for this class of games. The second approach, restricted to the class of Cournot oligopoly TU-games with linear cost functions, provides a single-valued allocation rule in the γ-core called Nash Pro rata (NP)-value. This result generalizes Funaki and Yamato’s (Int J Game Theory 28:157–171, 1999) core existence result from no capacity constraint to asymmetric capacity constraints. Moreover, we provide an axiomatic characterization of this solution by means of four properties: efficiency, null firm, monotonicity, and non-cooperative fairness. (shrink)

In the ethical debate on genetic modification, it is common to encounter the claim that some anti-GM argument would also apply an established, ethically accepted technology, and that the anti-GM argument is therefore unsuccessful. The paper discusses whether this argumentative strategy, the Similarity Argument, is sound. It presents a logically valid, generic form of the Similarity Argument and then shows that it is subject to three types of objection: It does not respect the difference between pro tanto reasons and all-things-considered (...) judgments; it relies on the unproblematic transferability of reasons from one case to another; and it runs the risk of equivocations, especially in cases where the anti-genetic-modification argument relies on gradable features. The paper then shows how these issues play out in three specific Similarity Arguments that can be found in the literature. Finally, the paper discusses what conclusions we can draw from the fact that genetic modification and established technologies are similar for the ethical status of genetic modification. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Toward Thriving Communities: Virtue Ethics as Social Ethics by Brian StiltnerChristine DarrToward Thriving Communities: Virtue Ethics as Social Ethics Brian Stiltner WINONA, MN: ANSELM ACADEMIC, 2016. 271 PP. $28.95Brian Stiltner's text provides a clear introduction to the theoretical framework of virtue ethics and how that framework can be fruitfully applied to understand the interplay between individual character development and flourishing, and the flourishing (or not) of communities to (...) which those individuals belong. He breaks this task into two parts. In the first, Stiltner offers an introduction to the field of ethics in its personal, communal, and social dimensions. He discusses the three normative ethical theories most prominent in the West (deontological, consequentialist, and virtue ethics) and then applies these theories to a case study to examine the strengths and weakness of each. He then argues that, while applied ethicists often recommend employing all three approaches into the decision-making process, a person who wishes to make [End Page 198] formal ethical arguments must ultimately choose which framework to favor. In Stiltner's view, the framework of virtue ethics is best able to address the social and communal dimensions of ethics, which is the focus of the second part of the book.In the latter half of the first part, Stiltner describes the cultivation of virtue and examines specific categories—namely, virtues of care, respect, purpose, perceiving and reasoning, and acting and relating. The lynchpin between the first and second parts of the text is Stiltner's elucidation of human flourishing, in which he begins to link individual flourishing with the flourishing of communities. He draws heavily on Martha Nussbaum's capabilities approach to explain how individual flourishing can be enhanced or diminished by the communities of which one is a part. Finally, he argues that some groups perform as "mediating institutions" wherein "the pro-social influences of the virtues instilled in people in one communal context transfer to other contexts as the individuals participate in many associations," thereby influencing society as a whole (105).Following the primarily theoretical first part, the focus of the second part is how to apply those theoretical principles to actual communities. He describes his objective here as "recommend[ing] ethical principles and concrete practices that will help persons, groups, and societies to flourish" (131). He examines four specific types of mediating institutions—families, schools, work, and service—and follows the same pattern of analysis for each. He provides a brief sociological account of the group, then scrutinizes the ethical impact of the reciprocal relationships of persons to groups and groups to society. He then discusses a case study that highlights some of the challenges in each particular institution and what resources are available to individuals and institutions that could overcome those challenges.Stiltner's text is an excellent introduction to the field of virtue ethics for an undergraduate audience. One particular strength is his discussion of many contemporary voices from the fields of ethics, philosophy, and sociology—from Nussbaum to Robert Putnam, his reliance on fields outside of ethical theory proper strengthens and broadens his analysis significantly. In addition, he provides ample resources along the way for the reader. Each chapter begins with a boxed overview of the chapter and ends with questions for review and discussion as well as resources for further research. The text does not specifically address the spiritual dimension of ethical development or the role of religion as a mediating institution; while this is not necessarily a weakness, one should know this is not specifically a Christian ethical analysis. Nevertheless, I strongly recommend this text for an introduction to ethics course or as a resource for undergraduates studying sociology or social work. [End Page 199]Christine DarrUniversity of DubuqueCopyright © 2017 Society of Christian Ethics... (shrink)

The rapid pace of change in the biosciences makes setting biotechnology policies and regulating the sciences difficult for governments, but no less necessary for that. Although government policies around the globe are sometimes classed as ‘pro-science’ or ‘anti-science’, that is a misleading oversimplification. Nurturing the ‘bioeconomy’ is a key goal for most national governments, leading in the UK to a comparatively loose regulatory policy, for example in relation to mitochondrial transfer and germline genetic modification. But in genetic patenting, a (...) recent US court decision has reversed the trend towards privatisation of the human genome, which many scientists perceived as impeding their research. Opposition to permissive regulatory policies thus often comes not only from civic or religious groups, but also from within bioscience itself. In the area of vaccination against infectious disease, governments face an additional challenge from pandemics at the same time that financial austerity has prompted cutbacks in public health funding. (shrink)

The starting point of this paper is that most of the international transboundary water management (TWM) processes taking place globally are driven by ‘the hydraulic mission’ —primarily the construction of mega-infrastructure such as dams and water transfer schemes. The paper argues that such heroic engineering approaches are essentially a masculinised discourse, with its emphasis being on construction, command and control. As a result of this masculinised discourse, the primary actors in TWM processes have been states—represented by technical, economic and (...) political elites operating in what generally gets termed ‘the national interest’. Left out are the local communities relying on the resource directly: the water users; the poor; women; and other important groups. Instruments such as the UN Watercourses Convention of 1997 make an effort to present an attempt at a gender-balanced approach—through asserting the importance of the ‘no-harm rule’ and the ‘equitable share approach’. However, they end up supporting the status quo through the omission of any reference to gender issues. The paper provides an overview of the masculinised discourse on TWM institutions, proposing that this is the case because of the intersection of two masculinised fields—water resource management and the disciplines engaged in the research of transboundary water management, namely, political science and international relations. The paper investigates two southern African examples that illustrate the potential for including a gendered perspective and pro-poor policies that take into account the needs of the water users or ‘stakeholders’. The analysis includes the international and regional legal agreements on transboundary water issues, searching for evidence of a gendered approach. It is concluded that the laws and organisations responsible for transboundary water management currently do not reflect a gendered approach, despite the international recognition given to the necessity of including women in water management structures at all levels. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:242 HISTORY OF PHILOSOPHY his political and religious predispositions prodded him to demonstrate that the roots of modern science were in the Christian Middle Ages. Sarton's particular foibles are best understood by referring them to his pacifist commitments and the moralistic assumption that the values of science are transferable to other human endeavors. Categories such as inductivism, conventionalism and Popperianism are of little help in gaining historical understanding. For (...) this, they are in fact Platonic ideals which have little heuristic value. I would venture that a truly historical historiography of science would aid us in spotting errors in the past and help us in the future. My guess is that a good analysis would reveal a major source of trouble to have stemmed from preconceived notions which the history of science was meant to illustrate. Surely some of them have been philosophical in character, and even Baconian or conventionalist. But until recent times, most of these preconceptions have stemmed from religious, nationalistic, or personal motivations, or from scientists who wanted support for a particular concept. I agree with Agassi only in the suggestion that a parti pris was at the root of our troubles. Why, then, substitute a Popperian preconception for a conventionalist one? Why not, on the contrary, combat their distorting influence and reduce their impact? This is in fact what has happened in recent times. As the history of science has fallen into the hands of a gradually organized profession, the blatant motivations --of any type--which colored past historical writings have slowly receded. By a constant and critical confrontation of opposing views among specialists, the purpose for examining the history of science has slowly been transformed. The older external motivations have given way to an interest in the subject for its own sake and a gradual transformation has been in the making for the last few decades. As happens in other human endeavors, professionalization has already raised the standards in the discipline and there is every reason to think it will continue to do so in the future. We need not really be as pessimistic as Agassi, nor embrace his particular salvation. ROGEa HAm~ University o] Cali]ornia, Berkeley A MEDIEVAL ANALYSIS OF INFINITY IN THE COURSEof arguing that time must have had a beginning, St. Bonaventure (1221-74) put forward a demonstration which in some ways seems to anticipate Cantor's definition of infinity.1 Bonaventure pointed out that, if the world were infinitely old, then there would have been an infinite number of annual revolutions of the sun around the ecliptic. But during each such period there occur (roughly) twelve revolutions of the moon, i.e. lunar months or lunations. Thus there would be one infinity which was twelve times another--which, says Bonaventure, is impossible. This attempted proof might be formulated as the following For other adumbrationsof this definition,see I. Thomas,"A TwelfthCentury Paradoxof the Infinite,"Journal o] Symbolic Logic, XXIII (1958), 133-134, and W. & M. Kneale, The Development of Logic (Oxford,1962),p. 440. NOTES AND DISCUSSIONS 243 reductio ad absurdum, in which a revolution of the sun is specified as the period between successive vernal equinoxes. If there could be an infinite set of past lunations, then clearly it could be put in a one-to-one correspondence with a proper sub-set of itself--viz., with the set of past lunar months during which vernal equinoxes occurred. But this consequence is preposterous; no set could be so correlated with its own sub-set. Therefore the set of past lunar months cannot be infinite, and the world must have had a beginning. The passage, which is found in Bonaventure's commentary on the Sentences of Peter Lombard, reads as follows :2 Si mundus est aeternus, revolutiones solis in orbe suo sunt infmitae ; rursus, pro una revolutions solis necesse est fuisse duodecim ipsius lunae: ergo plus revoluta est luna quam sol; et sol infinities: ergo infinitorum ex ea parle, qua infinita sunt, est reperire excessum. Hoe autem est impossibile : ergo etc. PA~-r~asoN BROWN Harpur College, State University o] New York Sententiarum L/b. H, Dist. I, P.I, Art. I, Quaest. II, as found in S. Bonaventurme, Opera Omnla... (shrink)

This Article discusses the impact of the international financial crisis on Brazilian capital markets. While the banking industry was not severely affected, leading nonfinancial corporations experienced severe financial turmoil. Two Brazilian corporations cross-listed in the United States - Sadia S.A. and Aracruz Celulose S.A. - suffered billion-dollar losses when the Brazilian real unexpectedly plummeted in relation to the dollar. Despite earlier disclosure that these companies had engaged only in pure hedging activity, these great losses were found to be the result (...) of their highly speculative trading in currencyderivatives. Consequently, several private lawsuits were filed both in the United States and in Brazil. This Article takes a novel approach to the transnational securities litigation debate by examining the particular consequences of private litigation in a developed and in an emerging country. It compares the types of lawsuits filed and their final outcomes. Despite substantially similar alleged wrongdoing, the outcomes for securities holders in each jurisdiction contrast strikingly. Only U.S. investors of both companies were able to obtain substantial financial recoveries; Brazilian investors obtained none. This Article examines the reasons behind these discrepant results and the consequent economic distributional effects on global securities markets after the U.S. Supreme Court decision in Morrison. The Article argues that Morrison aggravates such shareholder cross-border non pro rata compensation and transfers of company value from foreign to U.S. investors. It identifies a set of costs borne by foreign investors, and so far neglected by scholars, as a consequence of the current status of U.S. and international securities law regimes. These costs are the result not only of the typical “circularity problem” in securities litigation, but also of a “double circularity problem” as they fall on foreign shareholders who also suffered equivalent damages to those experienced by the U.S. class being compensated. The Article then discusses potential policy reforms for fixing transnational securities litigation. (shrink)

Big cities and growing industrial areas bring high risk of different kinds of pollutions which would implicate to the quality of life of the society. Discovering and monitoring of polluted areas using autonomous mobile robots is nowadays a frequently considered solution concerning both environmental and human safety problems. Being part of a distributed control system, such robots can help to improve the efficiency of the existing conventional pollution prevention systems. On the other hand, during the last decade, wireless sensor networks (...) have provoked the interest of specialists from different areas by imposing a large number of theoretical and practical challenges related to their implementation. This paper attempts to deal with both issues by presenting a possible way for building robotized WSNs that can be suitable for solving different environmental monitoring tasks. The goal is to transform the WSN into an adaptive sensor system with intelligent behavior that can be used to discover and track spots or areas where given monitored environmental parameters violate defined thresholds. The inclusion of robotized agents into the WSN structure can provide additional flexibility with respect to the installation of the network sensors and allow reliable information gathering and transfer. The proposed algorithmic methods have been tested on a pre-built laboratory prototype of a robotized WSN. The robotized agents have been built using iRobot Create mobile platforms that are additionally equipped with a single-chip computers Gumstix Verdex pro TM XL6P with various expansion modules. (shrink)

This article systematises and analyses the successive Catalan nationalist governments’ main media policy strategies in the years of the so-called ‘pro-independence process’, which began with a massive separatist demonstration in September 2012 and has since been eclipsed by the COVID-19 pandemic. It highlights four main lines of action: the instrumentalisation of regional public media; the granting of broadcast licences to private firms sympathetic to the cause; clientelism in the transfer of public funds to those private firms; and the mechanisms (...) for pressurising and seducing foreign journalists. All of the above can be understood as an acceleration of the project to articulate an own media system, which had begun in the 1980s, for the purpose of furthering Catalonia’s nation-building process. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Contradiction and Legislation Regarding the Right to LifeKevin L. Flannery, S.J.Unborn Human Life and Fundamental Rights: Leading Constitutional Cases under Scrutiny. Edited by Pilar Zambrano and William Saunders, with concluding reflections by John Finnis. Berlin: Peter Lang, 2019.The most fundamental principle of law is the principle of non-contradiction. This is Thomas Aquinas's position in the seminal article on the natural law, Summa theologiae I-II, question 94, article 2, where, (...) citing Aristotle, he formulates the principle as, "One should not simultaneously affirm and negate." Lafter in the same article, Thomas offers a practical formulation of the same principle, "Good is to be done and pursued and evil avoided"; but in law, since it is contained in propositions (airmations and negations) as distinct from ideas regarding the pursuit of goods, the prior formulation is the more immediately relevant of the two.The book under review is important in that, by going through the legal history regarding abortion and related issues in a number of different countries—the United States, Canada, Italy, Spain, Poland, Ireland (Eire), Costa Rica, Argentina, Chile, Mexico, and Peru—it causes to emerge any number of times the realization that legislation and judicial decisions in favor of abortion "rights" invariably infect a legal system with contradictions and inconsistencies of various sorts. The present essay is, therefore, not your typical book review. Its objective is simply to list some of the legal contradictions and inconsistencies identified by the book's various authors as they describe the legal status of the unborn in their respective nations. [End Page 1323]William Saunders's very clear and comprehensive first chapter is entitled, "Judicial Interference in the Protection of Human Life in the United States: Actions and Consequences." In it, he describes, among other things, the Human Cloning Prohibition Act passed by the U.S. House of Representatives in 2003, which prohibited "any person or entity, public or private" from performing human cloning (23). He speaks also of a bill proposed in the U.S. Senate once the Human Cloning Prohibition Act had passed in the House of Representatives. This Senate bill (which was entitle, "The Human Cloning Ban and Stem Cell Research Protection Act") would have prohibited "any person or other legal entity" from conducting human cloning, even while allowing nuclear transplantation, which it defines as "transferring the nucleus of a human somatic cell into an oocyte from which the nucleus... ha[s] been... removed or rendered inert." The problem here, as Saunders explains, is that this latter definition "is the very definition of cloning" (25). In other words, in the same year, two pieces of legislation were considered in the Congress of the United States, both purporting to ban human cloning, one of which would have permitted what the other described (correctly) as human cloning and so prohibited.In the second chapter, "Whither United States Abortion Law?" by Gerard V. Bradley, discussed, among other things, is the inconsistency between the United States Supreme Court's pro-abortion decision Roe v. Wade and various laws, both state and federal, prohibiting feticide. Bradley says of the 2004 federal Unborn Victims of Violence Act that, "in pertinent part it says that 'whoever' 'causes the death of or bodily injury to,' a 'child who is in utero' is guilty of an offense apart from any accompanying offense against the woman carrying the child." The penalty for such an act is the same as would be imposed if the act were inflicted upon the unborn child's mother: if, for instance, the mother was killed. "A child in utero," reports Bradley, "is defined as a member of the species homo sapiens, at any stage of development, who is carried in the womb'" (37).The problem here is that prosecutable under this law are acts identical with those performed legally by abortionists. Bradley mentions two cases in which a woman's male partner—in one case the woman's husband—effected by stealth the abortion of her child. In one case, the male purchased abortion pills and affixed to their container a pharmacy label indicating that it contained a common antibiotic; in the other, the husband obtained the same type of... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:206 Feminist Studies 46, no. 1. © 2020 by Feminist Studies, Inc. Pang Laikwan Identity Politics and Democracy in Hong Kong’s Social Unrest Hong Kong’s anti-Extradition Law Amendment Bill (anti-ELAB) movement began with legislation proposed in February 2019 to allow the transfer of fugitives to jurisdictions with which the city lacks formal extradition treaties. The law quickly attracted a tremendous amount of criticism and generated enormous anxiety because (...) mainland China was one of those jurisdictions.1 In fact, many believe that this bill was proposed to allow the government of the People’s Republic of China (PRC) to transfer wanted persons of any nationality from Hong Kong to China, subject to a legal process that many view as highly dubious. A large-scale anti-government movement exploded in June 2019 when pro-establishment legislators in Hong Kong insisted on passing it, and millions of people took to the streets. The government waited three months to withdraw the bill, only doing so after some of the most violent confrontations between civilians and the police in Hong Kong’s history. With Beijing’s 1. The law was originally proposed after a Hong Kong man, who killed his pregnant girlfriend in Taiwan, could not be extradited back to Taiwan to stand trial for the murder due to the lack of formal extradition laws. The proposed law, which would be applied to Hong Kong citizens, foreign residents, and even people passing through on business or as tourists, is being opposed due to the fear that it would be used to extradite Hong Kong political/civil rights activists and dissidents to China, where they would be harshly punished. Pang Laikwan 207 support, the Hong Kong government has doggedly resisted negotiating with the protestors over other demands, such as setting up an independent inquiry into police misconduct. As people have become completely disillusioned with the government and their own futures, tensions have increased. Collapsing many of the city’s socioeconomic problems into one cause, the anti-ELAB movement is primarily an anti-authoritarian impulse motivated by the unifying power of the term “Hongkongers.” As the movement unfolds, one of the most popular slogans, “Add Oil, Hongkongers!” (meaning “Keep going, Hongkongers!”) gradually transformed into “Rebel, Hongkongers!” and “Revenge, Hongkongers!” showing the protestors ’ anger about unrestrained police violence and the Beijing regime behind it. The militarization associated with these protests is both worrisome and symptomatic. This short essay analyzes this movement and uses it as a vehicle to disentangle social and political identity. My concern is about how a large-scale political movement can realign identities to generate power from the bottom. I use an Arendtian approach to ground my theoretical orientation, asking: How can political actions be understood as the pursuit of freedom to transcend one’s biological and social identity? From an intersectional feminist angle, if we are aware that social discrimination operates within a complex network of simultaneous discriminations, real social change can only be envisioned using a broad political canvas. Hong Kong’s anti-Extradition Law Amendment Bill movement provides such a setting. Division and Inclusion “The people” might be the emptiest, but also the most powerful, phrase in the modern political lexicon. It can be used by politicians to justify groundless proposals or criticisms, but it is also the foundation and source of legitimacy for all modern political institutions. Indeed, the most basic meaning of democracy is “rule of the people,” which is impossible to avoid in any democratic imagination. As has been widely seen throughout the world, however, “the people” is often attached to various degrees of xenophobia—hatred of outsiders in the name of in-group solidarity. While the Hong Kong protestors’ courageous demands for the PRC to honor its promise to grant the city a high degree of autonomy have gained widespread international sympathy, thorny social divisions persist within the movement. 208 Pang Laikwan While Hong Kong has never been a united society, the anti-ELAB protests—like most social movements—have been highly divisive, splitting Hong Kong people apart. Most obviously, “the people” are divided by their political identifications, forming a primary antagonism between those who support the protests and those who do not, usually described... (shrink)

Even though the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) does not explicitly address the rights of asylum seekers and refugees, the case law of the European Human Rights Court (ECtHR) confirms that their rights can be successfully defended under this mechanism. In parallel, in its evolving jurisprudence on asylum the Court of Justice of the European Union (CJEU) refers to the Strasbourg case law, where there is a certain interrelationship between these two jurisdictions, in particular (...) given the recent ECtHR pronouncement on “EU Dublin transfers”. The article aims at evaluating protection available for asylum seekers and refugees under the ECHR, while comparing it with protection of asylum relevant fundamental rights under the EU legal order and the most recent jurisprudence of the CJEU in asylum cases. The authors also analyze which of the two systems is more favourable and what are their limitations. Thus, the article offers to students and practitioners a detailed analysis of ECtHR and CJEU jurisprudence in asylum cases through a comparative perspective, as well as the key problematic aspects arising in both jurisdictions and their junction. The jurisprudence of the ECtHR reveals that despite the most developed protection from expulsion under Article 3 of the ECHR, it does not sufficiently secure status for the concerned persons. Effective remedy requirements under the ECHR allow for filling the gaps of national asylum procedures, while recognition of vulnerability and special status of asylum seekers by the ECtHR assist in addressing still commonly prevailing detention problems of asylum seekers in Europe. In the context of family protection, the recognition of positive obligations by states to reunite the refugee families is still rudimentary, thus, clearly Article 3 protection in expulsion cases takes over Article 8. At the same time, the jurisprudence of the CJEU in asylum cases is still inconsistent, as the court sometimes takes decisions without including human rights into its’ analysis (Kadzoev, Arslan, K.), while in other cases refers to the Charter (MA and others), verifies if its’ own decision is in line with the ECtHR jurisprudence (Elgafaji) or shapes secondary legislation in line with Strasbourg arguments and findings (N.S.). Quite likely, the ECtHR practice will have an important influence on the developments of subsidiary protection in the EU, at least in the context of Articles 2 and 3 of the ECHR, and serve as an important reference for interpretation of various concepts under the EU Qualification and Procedures Directives. The comparative analysis of pros and cons of the two mechanisms demonstrates that the main advantage of the ECtHR is individual justice possibility, which is not yet accessible under CJEU preliminary judgement procedure and its input in developing asylum law concepts, such as non-state agents of persecution, internal protection or even subsidiary protection regime under EU asylum law. Thanks to the ECtHR, the realistic possibility to question the application of certain EU norms has emerged (Dublin Regulation). While the ECtHR does not have such a specific competence over asylum issues as the CJEU and is clearly a slow and seriously overburdened mechanism, the pilot judgement procedure seems to be increasingly capable of providing guidelines to the states concerning systematic problems in their asylum procedures. Thus, both jurisdictions in their own ways contribute to strengthening asylum seekers’ protection while forming a common oasis for these individuals in Europe. (shrink)

In March, 2004, the rural northern California county of Mendocino voted to ban the propagation of all genetically modified organisms (GMOs). This county was the first, and only, U.S. region to adopt such a ban despite widespread activism against biotechnology. Using a civic agriculture perspective, this article explores how local actors in this small county were able to take on the agri-biotechnology industry. I argue that by localizing the issue, the citizens of Mendocino County were able to ignite a highly (...) effective, decentralized and grassroots social movement against which powerful, and well-funded, pro-biotechnology entities were unable to compete. The social problem of biotechnology was embedded in issues of mass concern to Mendocino County residents, such as democracy, equity, distribution of power, and corporate control over local life. The campaign was an arena for “local problem-solving activities organized around food and agriculture” (Lyson 2004, p. 103). However, though localizing this issue was key for generating a successful ban against the propagation of GMOs at the county level, the local orientation of the No to GMOs movement created a barrier for scaling-up and transferring this success to the wider anti-biotechnology movement. (shrink)