Property rights are important institutions that influence economic performance and reflect the historical, cultural, and political realities of particular societies. Drawing on a variety of concepts from legal and economic studies, a framework for explaining the origin and evolution of property rights is developed and applied to the specific case of changing ground water rights in Nebraska. The Nebraska case is an interesting example of reliance on local control in regulating water use. Despite the importance of local initiatives in ground (...) water management, this case also illustrates the need for external support from the judicial and legislative systems. The evolution of ground water property rights in Nebraska, as in other parts of the United States, has been conditioned by historical circumstances and changing values and attitudes as well as by economic and political forces. (shrink)

This book is a selection of articles by David Zilberman, a prolific author, whose tragic untimely death did not allow to finish many of his undertakings. Zilberman’s work represents a fresh word in the way of philosophizing or philosophy-building and the technique of modal methodology. This book comprises of thirteen independent articles that are not related by content. The point of thematic convergence of these articles is the way they reflect the new way of methodological thinking through the application (...) and benefits of modalization or modal methodology that unfolds unbound possibilities of philosophic elaborations. By shifting constantly from one position to another, Zilberman disclosed the antinomicity of all types of thought. Such an approach led him to outline for the first time his major attempt to start creating not "systems" but "sums" of philosophies so that the philosophical activity would be able to re-emerge on the slopes of such "sums." The book can be used as a starting point of a discussion, especially in study of philosophy. We imagine it can be used in undergraduate classes on World Philosophies or Intercultural Philosophy courses. With that, it can serve as a useful resource for adding intercultural elements into Western-centered courses. (shrink)

Do psychological traits predict philosophical views? We administered the PhilPapers Survey, created by David Bourget and David Chalmers, which consists of 30 views on central philosophical topics (e.g., epistemology, ethics, metaphysics, philosophy of mind, and philosophy of language) to a sample of professional philosophers (N = 314). We extended the PhilPapers survey to measure a number of psychological traits, such as personality, numeracy, well-being, lifestyle, and life experiences. We also included non-technical ‘translations’ of these views for eventual use (...) in other populations. We found limited to no support for the notion that personality or demographics predict philosophical views. We did, however, find that some psychological traits were predictive of philosophical views, even after strict correction for multiple comparisons. Findings include: higher interest in numeracy predicted physicalism, naturalism, and consequentialism; lower levels of well-being and higher levels of mental illness predicted hard determinism; using substances such as psychedelics and marijuana predicted non-realist and subjectivist views of morality and aesthetics; having had a transformative or self-transcendent experience predicted theism and idealism. We discuss whether or not these empirical results have philosophical implications, while noting that 68% of our sample of professional philosophers indicated that such findings would indeed have philosophical value. (shrink)

Evidence suggests that psychedelics bring about their therapeutic outcomes in part through the subjective or qualitative effects they engender and how the individual interprets the resulting experiences. However, psychedelics are contraindicated for individuals who have been diagnosed with certain mental illnesses, on the grounds that these subjective effects may be disturbing or otherwise counter-therapeutic. Substantial resources are therefore currently being devoted to creating psychedelic substances that produce many of the same biological changes as psychedelics, but without their characteristic subjective effects. (...) In this article, we consider ethical issues arising from the prospect of such potential “nonsubjective” psychedelics. We are broadly supportive of efforts to produce such substances for both scientific and clinical reasons. However, we argue that such nonsubjective psychedelics should be reserved for those special cases in which the subjective effects of psychedelics are specifically contraindicated, whereas classic psychedelics that affect subjective experience should be considered the default and standard of care. After reviewing evidence regarding the subjective effects of psychedelics, we raise a number of ethical concerns around the prospect of withholding such typically positive, meaningful, and therapeutic experiences from most patients. (shrink)

This book fills a gap in the literature on the Precautionary Principle by placing the principle within the wider context of precautionary reasoning and uses philosophical arguments and case studies to demonstrate when it does—and does not—apply. The book invites the reader to take a step back from the controversy surrounding the Precautionary Principle and consider the overarching rationales for responding to threats to the environment or public health. It provides practical guidance and probing insight for the intended audience, including (...) scholars, students, journalists, and policymakers. (shrink)

We propose an "explanation scheme" for why the Gibbs phase average technique in classical equilibrium statistical mechanics works. Our account emphasizes the importance of the Khinchin-Lanford dispersion theorems. We suggest that ergodicity does play a role, but not the one usually assigned to it.

In this collection, Stations on the Journey of Inquiry, David Burrell launches a revolutionary reinterpretation of how any inquiry proceeds, boldly critiquing presumptuous theories of knowledge, language, and ethics. While his later publications, Analogy and Philosophical Language (1973) and Aquinas: God and Action (1979), elucidate Aquinas's linguistic theology, these early writings show what often escapes articulation: how one comes to understanding and "takes" a judgment. Although Aquinas serves as an axial figure for Burrell's expansive corpus of scholarship spanning more (...) than fifty years, this selection of essays presents other positions and counterpositions to whom his own philosophical theology is beholden: Plato, Aristotle, Cajetan, Kant, Peirce, Moore, Wittgenstein, Sellars, Weiss, Ross, McInerny, and Lonergan. With renewed interest in philosophy of language by postmodern thinkers as well as in the wake of Mulhall's Stanton Lectures on Wittgenstein and "Grammatical Thomism," the publication of these formative writings proves timely for the academy at large. Burrell invites us to reconsider not only the way in which we conduct an inquiry, but what it is we take language to be and how we take responsibility for what we say. (shrink)

Christopher Boorse is very skeptical of there being a pathocentric internal morality of medicine. Boorse argues that doctors have always engaged in activities other than healing, and so no internal morality of medicine can provide objections to euthanasia, contraception, sterilization, and other practices not aimed at fighting pathologies. Objections to these activities have to come from outside of medicine. I first argue that Boorse fails to appreciate that such widespread practices are compatible with medicine being essentially pathocentric. Then I contend (...) that the pathocentric essence, properly understood, does not prohibit physicians from engaging in actions that are not aimed at combating pathologies, but rather supports an internal morality of medicine that allows medical providers to refuse without penalty to engage in practices that promote pathologies. (shrink)

The precautionary principle is a useful strategy for decision-making when physicians and patients lack evidence relating to the potential outcomes associated with various choices. According to a version of the principle defended here, one should take reasonable measures to avoid threats that are serious and plausible. The reasonableness of a response to a threat depends on several factors, including benefit vs. harm, realism, proportionality, and consistency. Since a concept of reasonableness plays an essential role in applying the precautionary principle, this (...) principle gives physicians and patients a decision-making strategy that encourages the careful weighing and balancing of different values that one finds in humanistic approaches to clinical reasoning. Properly understood, the principle presents a worthwhile alternative to approaches to clinical reasoning that apply expected utility theory to decision problems. (shrink)

David Albert claims that classical electromagnetic theory is not time reversal invariant. He acknowledges that all physics books say that it is, but claims they are ``simply wrong" because they rely on an incorrect account of how the time reversal operator acts on magnetic fields. On that account, electric fields are left intact by the operator, but magnetic fields are inverted. Albert sees no reason for the asymmetric treatment, and insists that neither field should be inverted. I argue, to (...) the contrary, that the inversion of magnetic fields makes good sense and is, in fact, forced by elementary geometric considerations. I also suggest a way of thinking about the time reversal invariance of classical electromagnetic theory -- one that makes use of the invariant (four-dimensional) formulation of the theory -- that makes no reference to magnetic fields at all. It is my hope that it will be of interest in its own right, Albert aside. It has the advantage that it allows for arbitrary curvature in the background spacetime structure, and is therefore suitable for the framework of general relativity. (The only assumption one needs is temporal orientability.). (shrink)

Valid Informed consent to medical treatment or research participation has traditionally been viewed as consisting of the following requirements: the person has t...

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1984.

: In the last two decades, scientists, government officials, and science policy experts have expressed concerns about the increasing role of financial interests in research. Many believe that these interests are undermining research by causing bias and error, suppression of results, and even outright fraud. This paper seeks to shed some light on this view by (1) explicating the concept research bias, (2) describing some ways that financial interests can cause research biases, and (3) discussing some strategies for mitigating or (...) managing the influence of financial interests. These strategies include (a) using government funds to counter-balance privately funded research, (b) increasing public input into government funding decisions, (c) disclosing and managing conflicts of interest in research, (d) auditing data, (e) expanding access to data. Since it is neither possible nor desirable to eliminate financial interests from research, the wisest policy is to manage and counter-balance these interests for the good of science and society. (shrink)

Bioethics, Volume 36, Issue 7, Page 735-741, September 2022.

The fifteen essays, written by such eminent scholars as Derrida, Heidegger, Deleuze, Klossowski, and Blanchot, focus on the Nietzschean concepts of the Will to ...

Mosquito-borne diseases take a tremendous toll on human populations, especially in developing nations. In the last decade, scientists have developed mosquitoes that have been genetically modified to prevent transmission of mosquito-borne diseases, and field trials have been conducted. Some mosquitoes have been rendered infertile, some have been equipped with a vaccine they transmit to humans, and some have been designed to resist diseases. This article focuses on ethical issues raised by field trials of disease-resistant, genetically modified mosquitoes. Some of these (...) issues include: protecting the public and the environment from harm, balancing benefits and risks, collaborating with the local community, avoiding exploitation, and safeguarding the rights and welfare of research subjects. One of the most difficult problems involves protecting the welfare of community members who will be impacted by the release of mosquitoes but who are not enrolled in the study as research subjects. To address this concern, field trials should take place only when the targeted disease is a significant public health problem in an isolated area, the benefits of the trial for the community are likely to outweigh the risks, community leaders approve of the trial, and there are measures in place to protect the welfare of un-enrolled community members, such as informing the community about the study and offering free treatment to people who contract mosquito-borne diseases. Since the justification of any field trial depends on a careful examination of the scientific and ethical issues, proposed studies should be evaluated on a case-by-case basis. (shrink)

The aim of this paper is to provide a broad sketch of the advantages of the debt/atonement approach to punishment. Such an approach is appealing for it can benefit both the victim and the remorseful victimizer. Compared to other theories, it gives a fuller and more unified account of our intuitions about paying debts, doing penance, alleviating guilt, granting forgiveness, and offsetting privileges, pleasures and burdens. The theory also allows us to avoid justifying punishment on the basis of using some (...) people to deter others. And it does all of this while channeling in a positive and productive way the deeply felt vindictive need to "get even." Thus, contrary to the traditional wisdom that justice and revenge are diametrically opposed, providing the former may actually depend upon allowing the latter. (shrink)

The fact that the names of biological species refer independently of identifying descriptions does not support the view of Ghiselin and Hull that species are individuals. Species may be regarded as natural kinds whose members share an essence which distinguishes them from the members of other species and accounts for the fact that they are reproductively isolated from the members of other species. Because evolutionary theory requires that species be spatiotemporally localized their names cannot occur in scientific laws. If natural (...) kind status is denied to species on this ground, it must also be denied to most classes of concrete entities which are now accorded such status. (shrink)

Is the ancient Confucian ideal of he 和, ‘harmony,’ a viable ideal in pluralistic societies composed of people and groups who subscribe to different ideals of the good and moral life? Is harmony compatible with accepting, even encouraging, difference and the freedom to think differently? I start with seminal characterizations of harmony in Confucian texts and then aim to chart ways harmony and freedom can be compatible and even mutually supportive while recognizing the constant possibility of conflict between them. I (...) shall point out how the Confucian notion of harmony resonates with the Indian King Asoka's project of promoting religious pluralism. Along the way, I will make some comments of a ‘meta’ nature about the kind of interpretation I am offering of harmony in the Confucian texts and the use to which I am putting this interpretation by setting it in the context of societies that in important respects are quite different from the ones from which concepts of harmony originally emerged. (shrink)

This essay explains the inescapability of moral demands. I deny that the individual has genuine reason to comply with these demands only if she has desires that would be served by doing so. Rather, the learning of moral reasons helps to shape and channel self- and other-interested motivations so as to facilitate and promote social cooperation. This shaping happens through the “embedding” of reasons in the intentional objects of motivational propensities. The dominance of the instrumental conception of reason, according to (...) which reasons must be based in desires of the individual, has made it harder to recognize that reasons shape desires. I attempt to undermine this dominance by arguing that the concept of a self that extends over time is constructed to meet the demands of social cooperation. Prudential reasons to act on behalf of the persisting self's desires are often taken to constitute the paradigm of reasons based on desires of the individual. But such reasons, along with the very concept of the persisting self, are constructed to promote human cooperation and to shape the individual's desires. (shrink)

The philosophical zombie is an imaginary being that is just like us in every way, except that philosophical zombies don't have experience. Elite athletes who are 'in the zone' also lack experience, therefore, while in a zone state they are similar to philosophical zombies.

Traditional debates about scientific realism tend to focus on issues concerning scientific representation and de-emphasize issues concerning scientific intervention. Questions about the relation between theories and the world, the nature of scientific inference, and the structure of scientific explanations have occupied a central place in the realism debate, while questions about experimentation and technology have not. Ian Hacking's experimental realism attempts to reverse this trend by shifting the defense of realism away from representation to intervention. Experimental realism, according to Hacking, (...) does not require us to believe that our theories are true, nor does its defense depend on inference to the best explanation. For Hacking, the strongest proof for realism is that we can manipulate objects: 'So far as I'm concerned, if you can spray them, then they are real'. (shrink)

Most early studies of consciousness have focused on human subjects. This is understandable, given that humans are capable of reporting accurately the events they experience through language or by way of other kinds of voluntary response. As researchers turn their attention to other animals, “accurate report” methodologies become increasingly difficult to apply. Alternative strategies for amassing evidence for consciousness in non-human species include searching for evolutionary homologies in anatomical substrates and measurement of physiological correlates of conscious states. In addition, creative (...) means must be developed for eliciting behaviors consistent with consciousness. In this paper, we explore whether necessary conditions for consciousness can be established for species as disparate as birds and cephalopods. We conclude that a strong case can be made for avian species and that the case for cephalopods remains open. Nonetheless, a consistent effort should yield new means for interpreting animal behavior. (shrink)

The argument for metaethical relativism, the view that there is no single true or most justified morality, is that it is part of the best explanation of the most difficult moral disagreements. This Element discusses the latest arguments in ethical theory in an accessible manner, with many examples and cases.

This paper discusses the economic, legal, moral, and political difficulties in developing drugs for the developing world. It argues that large, global pharmaceutical companies have social responsibilities to the developing world, and that they may exercise these responsibilities by investing in research and development related to diseases that affect developing nations, offering discounts on drug prices, and initiating drug giveaways. However, these social responsibilities are not absolute requirements and may be balanced against other obligations and commitments in light of economic, (...) social, legal, political, and other conditions. How a company decides to exercise its social responsibilities to the developing world depends on the prospects for a reasonable profit and the prospects for a productive business environment. Developing nations can either help or hinder the pharmaceutical industry’s efforts to exercise social responsibility through various policies and practices. To insure that companies can make a reasonable profit, developing nations should honor pharmaceutical product patents and adhere to international intellectual property treaties, such as the Trade‐Related Aspects of Intellectual Property Rights agreement. To insure the companies have a good business environment, developing nations should try to promote the rule of law, ethical business practices, stable currencies, reliable banking systems, free and open markets, democracy, and other conditions conducive to business. Overall, this paper advocates for reciprocity and cooperation between pharmaceutical companies and developing nations to address the problem of developing drugs for the developing world. In pursuing this cooperative approach, developing nations may use a variety of other techniques to encourage pharmaceutical companies to act responsibly, such as subsidizing pharmaceutical research, helping to design and implement research protocols, providing a guaranteed market, and bulk buying. (shrink)

Openness is one of the most important principles in scientifi c inquiry, but there are many good reasons for maintaining secrecy in research, ranging from the desire to protect priority, credit, and intellectual property, to the need to safeguard the privacy of research participants or minimize threats to national or international security. This article examines the clash between openness and secrecy in science in light of some recent developments in information technology, business, and politics, and makes some practical suggestions for (...) resolving confl icts between openness and secrecy. (shrink)

Healthy volunteers in biomedical research often face significant risks in studies that offer them no medical benefits. The U.S. federal research regulations and laws adopted by other countries place no limits on the risks that these participants face. In this essay, I argue that there should be some limits on the risks for biomedical research involving healthy volunteers. Limits on risk are necessary to protect human participants, institutions, and the scientific community from harm. With the exception of self-experimentation, limits on (...) research risks faced by healthy volunteers constitute a type of soft, impure paternalism because participants usually do not fully understand the risks they are taking. I consider some approaches to limiting research risks and propose that healthy volunteers in biomedical research should not be exposed to greater than a 1% chance of serious harm, such as death, permanent disability, or severe illness or injury. While this guideline would restrict research risks, the limits would not be so low that they would prevent investigators from conducting valuable research. They would, however, set a clear upper boundary for investigators and signal to the scientific community and the public that there are limits on the risks that healthy participants may face in research. This standard provides guidance for decisions made by oversight bodies, but it is not an absolute rule. Investigators can enroll healthy volunteers in studies involving a greater than 1% chance of serious harm if they show that the research addresses a compelling public health or social problem and that the risk of serious harm is only slightly more than 1%. The committee reviewing the research should use outside experts to assess these risks. (shrink)

For anyone concerned about students’ moral development, academic dishonesty presents a pervasive problem but also a promising possibility. The present paper describes the theoretical and empirical underpinnings of process-oriented, four-component model approach to promoting students’ “moral functioning” related to academic integrity, and the research project currently underway that is providing Web-based professional development to teachers for using the model in their high school classrooms. In doing so, we hope to develop a scalable approach that offers teachers an opportunity to be (...) the primary agents of change in transforming the problem of academic dishonesty into a possibility for positive youth development. (shrink)

We examined all 208 closed cases involving official findings of research misconduct published by the US Office of Research Integrity from 1992 to 2011 to determine how often scientists mention in a retraction or correction notice that there was an ethical problem with an associated article. 75 of these cases cited at least one published article affected by misconduct for a total of 174 articles. For 127 of these 174, we found both the article and a retraction or correction statement. (...) Since eight of the 127 published statements consisted of simply the word ‘retracted,’ our analysis focused on the remaining 119 for which a more detailed retraction or correction was published. Of these 119 statements, only 41.2% mentioned ethics at all (and only 32.8% named a specific ethical problem such as fabrication, falsification or plagiarism), whereas the other 58.8% described the reason for retraction or correction as error, loss of data or replication failure when misconduct was actually at issue. Among the published statements in response to an official finding of misconduct (within the time frame studied), the proportion that mentioned ethics was significantly higher in recent years than in earlier years, as was the proportion that named a specific problem. To promote research integrity, scientific journals should consider adopting policies concerning retractions and corrections similar to the guidelines developed by the Committee on Publication Ethics. Funding agencies and institutions should take steps to ensure that articles affected by misconduct are retracted or corrected. (shrink)

This essay analyzesexploitation in biomedical research in terms ofthree basic elements: harm, disrespect, orinjustice. There are also degrees ofexploitation, ranging from highly exploitationto minimally exploitation. Althoughexploitation is prima facie wrongful,some exploitative research studies are morallyjustified, all things considered. The reasonan exploitative study can still be ethical isthat other moral considerations, such as theautonomy of the research subject or the socialbenefits of research, may sometimes justifystudies that are minimally exploitative. Calling a research project exploitative doesnot end the debate about the merits (...) of thestudy but invites one to ask additionalquestions about how the study is exploitative,and whether the study is justifiablenevertheless. (shrink)

Split brains that result in two simultaneous streams of consciousness cut off from each other are wrongly held to be grounds for doubting the existence of the divinely created soul. The mistake is based on two related errors: first, a failure to appreciate the soul's dependence upon neurological functioning; second, a fallacious belief that if the soul is simple, i.e. without parts, then there must be a unity to its thought, all of its thoughts being potentially accessible to reflection or (...) even unreflective causal interactions. But a soul theorist can allow neurological events to keep some conscious thoughts unavailable to others. (shrink)

Federal and state laws create a tightly controlled system for distribution of those drugs that have recognized value in therapy, but also have the potential for abuse. The challenges pharmacists face in keeping controlled substances within the closed system are many and complex. Drug abusers and drug dealers have at times seen pharmacists as easy marks for access to abusable drugs. Unfortunately, pharmacists often find themselves in a game with criminals, who use both sophisticated and dangerous methods of inducing pharmacists (...) to divert controlled substances. The effects of this problem on the health-care system have been judicially noted:The frequency of these crimes has terrorized the community of dispensing pharmacists. Some pharmacists have ceased to carry drugs that are highly desired on the black market, although this interferes with their patients’ ability to obtain necessary medicine. This has a serious potential to impede the delivery of health care in many communities around the nation. (shrink)

The idea that research with human participants should benefit society has become firmly entrenched in various regulations, policies, and guidelines, but there has been little in-depth analysis of this ethical principle in the bioethics literature. In this paper, I distinguish between strong and weak versions and the social benefits principle and examine six arguments for it. I argue that while it is always ethically desirable for research with human subjects to offer important benefits to society, the reasonable expectation of substantial (...) public benefit should be a necessary condition for regarding research as ethical only when it imposes more than minimal risks on non-consenting subjects; or it is supported by public resources. (shrink)

Environmental Health Ethics illuminates the conflicts between protecting the environment and promoting human health. In this study, David B. Resnik develops a method for making ethical decisions on environmental health issues. He applies this method to various issues, including pesticide use, antibiotic resistance, nutrition policy, vegetarianism, urban development, occupational safety, disaster preparedness and global climate change. Resnik provides readers with the scientific and technical background necessary to understand these issues. He explains that environmental health controversies cannot simply be reduced (...) to humanity versus environment and explores the ways in which human values and concerns - health, economic development, rights and justice - interact with environmental protection. (shrink)