La brevetabilité du vivant suscite d’importantes questions car elle confronte le droit des brevets à certaines de ses limites comme, la non brevetablité des découvertes, l'interdiction d'appropriation du corps humain et la protection de l'intégrité du génome humain. Le présent article identifie ces limites et d'autres problématiques connexes, dans l'attente d'un article de fond plus complet sur le sujet.

INTRODUCTION Ever since the beginning of the modern phenomenological movement disciplined attention has been paid to various patterns of human experience as ...

Wiredu’s call for democracy by consensus is illustrated by his description of traditional African consensual rationality. This description contains the attribution of immanence to African consensual rationality. This paper objects to this doctrine of immanence. More importantly, the doctrine of immanence has led to the attribution of pure rationality to traditional African consensual practices. With reference to Aristotle’s three components of persuasion, I object to deliberation as purely rational and impervious to extraneous factors. I further argue that it is because (...) deliberation is not always perfectly rational that the process of consensus can suffer three forms of social conformity: conformity to dominant players, to numerical opinion majority, and to group-centrism. These forms of conformity mean that a consensus task order could lead to decisions of more inclusive value, but not necessarily decisions of more epistemic value. The concept of agonistic inquiry is employed to tackle what I see as the dangers of conformity and complacency in the project of inclusivity, and this is to strike a crucial balance between too-consensual and purely adversarial forms of deliberation. (shrink)

The 'nations' of the title are the 'seventy nations': in the Talmudic idiom, the whole of humanity surrounding Israel. In this major collection of essays, Levinas considers Judaism's uncertain relationship to European culture since the Enlightenment, problems of distance and integration. It also includes five Talmudic readings from between 1981 and 1986, essays on Franz Rosenzweig and Moses Mendelssohn, and a discussion with Francoise Armengaud which raises questions of central importance to Jewish philosophy in the context of general philosophy. This (...) work brings to the fore the vital encounter between philosophy and Judaism, a hallmark of Levinas's thought.". (shrink)

'Humanism of the Other' argues that it is not only possible but of the highest exigency to understand one's humanity through the humanity of others.".

In The Experience of Injustice, the French philosopher Emmanuel Renault opens an important new chapter in critical theory. He brings together political theory, critical social science, and a keen sense of the power of popular movements to offer a forceful vision of social justice. Questioning normative political philosophy’s conception of justice, Renault gives an account of injustice as the denial of recognition, placing the experience of social suffering at the heart of contemporary critical theory. Inspired by Axel Honneth, Renault (...) argues that a radicalized version of Honneth’s ethics of recognition can provide a systematic alternative to the liberal-democratic projects of such thinkers as Rawls and Habermas. Renault reformulates Honneth’s theory as a framework founded on experiences of injustice. He develops a complex, psychoanalytically rich account of suffering, disaffiliation, and identity loss to explain these experiences as denials of recognition, linking everyday injustice to a robust defense of the politicization of identity in social struggles. Engaging contemporary French and German critical theory alongside interdisciplinary tools from sociology, psychoanalysis, socialist political theory, social-movement theory, and philosophy, Renault articulates the importance of a theory of recognition for the resurgence of social critique. (shrink)

This squib attempts to constrain semantic theories of agree wh constructions by broadening the data set and collecting naive speakers’ intuitions. Overall, our data suggest relatively permissive truth-conditions for these constructions. They also suggest a previously undiscussed presupposition for agree wh and also indicate that agree wh is not straightforwardly reducible to agree that. Although some accounts suggest differences in truth conditions among different asymmetrical agree with constructions and symmetrical agree constructions, we do not find any indication of such truth-conditional (...) distinctions. In the course of our exploration of the data, we offer a new approach to distinguishing between truth, falsity and presuppositional failure. (shrink)

The belief in miracle, as a modality of spiritual/religious coping strategy in the face of stress and psychic suffering, has been discussed in psychological literature with regard to its positive or negative role on the health and well-being of patients and family members. In contemporary times, where pseudo-conflicts between religion and science should have been long overcome, there is still some tendency of interpreting belief in miracle – as the possibility of a cure granted by divine intervention, modifying the normal (...) course of events in a bleak medical diagnosis – as having unhealthy impacts in the care and treatment of health. This position seeks to find a base in the three characteristics of hoping in a miracle, frequently pointed out by psychological literature: it would imply a negation of reality instead of its confrontation; it would be a coping strategy focused on emotion instead of the problem; it would imply seeking to modify the supposed desire of God by extra-natural facts. In this study, we shall critically discuss this position and the dangers of its crystallization by the use of SRC scales in which the act of praying for a miracle is previously classified as a negative strategy. We revisit some tendencies in psychological literature about the subject, taking into consideration the various facets of miracle, sociocultural facts, elements of idiographic nature, and their profound outcomes in the lives of people especially in health contexts. We illustrate the dangers of a hasty generalization of the results of nomothetic studies about the role of belief in miracle with two examples of research in the Brazilian context: one carried out with pregnant women with fetal malformation and the other with family members caring for children and adolescents with cancer under chemotherapeutic treatment. In both studies, the results do not confirm the predominance of the negative aspects associated with the act of praying for a miracle, which we discuss and analyze in light of the phenomenological perspective. In this perspective, “pray for a miracle”, as experienced by patients and caregivers, can be recognized as an act of openness to life, bolstering hope, and the resignification of reality in the psyche. (shrink)

Prevailing literature argues that arguing is the only appropriate mode of deliberation. The literature acknowledges bargaining, story telling, and other forms of communication, but is unwilling to describe these as deliberation, properly speaking. The claim is that describing them as such would amount to concept stretching. In this article I argue that arguing exhausts neither the legitimate modes of deliberation nor the modes for effective deliberation. To do this I delineate two basic categories of issues we normally deliberate upon, and (...) demonstrate that arguing is more appropriate for one category, not so appropriate for the other. (shrink)

Ce texte d'une conférence prononcée en 1982, l'année de publication du recueil "De Dieu qui vient à l'idée", appartient à la dernière période et à la dernière manière du philosophe. Prolongeant l'inspiration des oeuvres précédentes, il affirme vigoureusement la radicalité de l'éthique qu'il pense, antèrieurement à toute morale, comme philosophie première.

"Unforseen History covers the years of 1929-92, providing a wide overview of Levinas's work - especially his views on aesthetics and Judaism - offering examples of his precise thinking at work in small essays, long essays, and interviews." --Book Jacket.

Die Hauptthese des Buches besteht darin, "die Zeit nicht als eine Abwertung der Ewigkeit zu denken, sondern als Verhältnis zu demjenigen, was, als von sich aus Unangleichbares, absolut Anderes, sich nicht durch die Erfahrung angleichen läßt, oder als Verhältnis zu dem, was, als von sich aus Unendliches, sich nicht begreifen läßt". Der Andere steht zum Ich im Verhältnis der Nicht-Gleichzeitigkeit (Diachronie), der "Distanz, die Nähe ist". Paradigmen solcher uneinholbaren Anderheit sind der Tod und das Weibliche. Levinas zeigt jedoch in "Le (...) temps et l'autre", wie es im Verhältnis zur Anderheit ein Durchbrechen der in sich verschlossenen Einsamkeit, ein wirkliches Transzendieren gibt, das nicht mehr Rückkehr des Selben zu sich ist. Die deutsche Übersetzung erschien 1984 erstmals im Felix Meiner Verlag und wurde von Ludwig Wenzler für die Neuausgabe (nun in der Philosophischen Bibliothek) korrigiert. (shrink)

The commission of criminal wrongs is occasionally revealed after the wrongdoer’s death. In such cases, there seems to be a widely-shared intuition, which also frequently motivates many people’s actions, that the dead should still be blamed and that some response, not only stemming from civil society but also the state, to the criminal wrong is necessary. This article explores the possibility of posthumous blame and punishment by the state. After highlighting the deficiencies of the pure versions of retributivism and general (...) deterrence theory, but also the potential in the latter, it argues for a political theory of the criminal law, which views institutions of punishment as the business not only of defendants and victims but also the political community as a whole. Within this normative scheme posthumous responses to wrongs are possible and in some cases necessary for the maintenance of the stability of the political community. Accountability-holding processes may also be possible and necessary for the protection of the reputation of the deceased suspected wrongdoer. (shrink)

The formulation of quantum mechanics as a diffusion process by Nelson provides for an interesting approach on how we may transit from classical mechanics into quantum mechanics. Besides the presence of the real potential function, another type of potential function forms an intrinsic part of this theory. In this paper we attempt to show how both types of potential functions can have a use in a resolutely macroscopic context like financial asset pricing. We are particularly interested in uncovering how the (...) ‘quantum potential’ can add to the economics-based relevant information which is already supplied by the real potential function. (shrink)

Building on Seumas Miller’s concept of corruption leads me to conclude that the question of disposition is central to the concept of corruption, which prompts me to consider punishment theories with regard to deterring dispositions to corruption. However, problems with punishment as a stand-alone approach lead me to consider institutional reform recommendations. Although institutional reforms have the weakness of merely engaging corrupt disposition in a hide-and-seek game, I seek to reconcile institutional approaches and moral individualism by suggesting that the former (...) is intended to aid the latter, in the sense that resisting corruption is a question of cost, and the onus is to determine how to reduce this cost. In this regard, prevailing proposals are inept without an enabling environment: public deliberation (comprising publicity and deliberation) is a necessary (though not sufficient) condition for combating corruption, because it (1) compels reason to function at its best, (2) demands rational accountability, and therefore account-giving, (3) increases ‘common-good’ thinking, (4) facilitates the recruitment of responsible institutional role-occupants, and (5) is a self-correcting instrument. (shrink)

I evaluate a hypothetical society of human clones. Cloning implies the production of exact copies of an organism from a replication of one of the organism’s cells without any recourse to the genealogical protocol of male and female reproduction. I thus pose the question: Can we regard a cloned copy of Mr. James as a son of Mr. James or Mr. James once again? I consider certain implications of human cloning to the concepts of individual uniqueness, and thus of genealogical (...) family tree and the future of the naming and identification of humanity? (shrink)

In decrying the evils of supernaturalism, African philosopher Kwasi Wiredu proposes humanism, by making concern for human well-being the basis for morality. However, the presentation of humanism as a simple replacement of supernaturalism is objectionable. Wiredu’s notion of supernaturalism is too narrow, since it is only a variant of supernaturalism. His reference to humanism is too broad, since humanism is an umbrella of very conflicting worldviews, such as that between secular and theistic humanism. Although Wiredu does not specify which variant (...) of humanism he means, and although he acknowledges that the Akan believe in a Supreme Being, his general ontology shows that he is closer to the secular than the theistic variant. This article explores the ideological extensions of the two and argues that theistic humanism provides the compatibility needed for being religious and at the same time basing morality on humanistic/naturalistic concerns. In doing so, it distinguishes supernaturalism per se from its ethical and cosmological variants. As a corrective to Wiredu, this article blames these two variants of supernaturalism, rather than supernaturalism per se, for the evils that Wiredu adduces. The conclusion is that in theistic humanism, humanism escapes the dangers of ethical and cosmological supernaturalism without necessarily adopting the antisupernaturalist connotations currently popular with modern secular humanism. (shrink)

Strongly grounded in scientific knowledge, the instrument known as occupational exposure limits or threshold limit values has changed government modalities of exposure to hazardous chemicals in workplaces, transforming both the substance of the problem at hand and the power dynamics between the actors involved. Some of the characteristics of this instrument favor the interests of industries at the expense of employees, their representatives, and the authorities in charge of regulating these risks. First, this instrument can be analyzed as a boundary (...) object that has very different uses in space and time. In particular, it is increasingly masking its industrial origins to appear as an instrument that is almost exclusively based on scientific rationale. In the case of asbestos and its substitutes, the use of an instrument relying on scientific expertise generates a specific temporality of implementation that allows manufacturers to take advantage of periods during which regulations are either nonexistent or very loose. Finally, the choice of a technoscientific definition of the issues contributes to shifting the negotiations to a field where companies are in a position of strength and their opponents are weakened. (shrink)

Le présent article propose d’étudier la « panique » suscitée par les « théories du complot » dans les semaines suivant les attentats de Paris des 7 et 9 janvier. L’expression « théorie du complot » fait très rapidement son apparition dans les médias pour rendre compte de la circulation de questionnements sur certains détails des événements et marque l’ouverture de deux semaines de « panique médiatique » autour du phénomène. Interroger cet épisode permet de rendre compte des évolutions et (...) des usages médiatiques, politiques et scientifiques face au conspirationnisme et de questionner la notion même de « théorie du complot », tant à un niveau définitionnel que dans une perspective heuristique. (shrink)

The precise meaning of “human dignity” is increasingly being questioned in ethics and law. Is human dignity an adequate guide to policymaking in today’s biotechnological era? This article is an attempt to answer this thorny issue. The emergence of the concept of human dignity as a key point of reference for the regulation of modern science and technology in the European Union is evaluated. The main contribution of this article is to prove that in EU Directives and Recommendations, human dignity (...) is not an elusive concept but rather a regulatory restraint in European public policies on biotechnology, particularly through the influence of the European Group on Ethics in Science and New Technologies. Two examples will be elaborated to prove this claim: first, the issue of intellectual property in biotechnological inventions, and secondly the funding of research proposals involving the use of human embryonic stem cells. These examples prove that the principle of human dignity is not an empty concept as some philosophers and bioethicists claim but rather a normative guideline that is shaping European policies on biotechnology. Content Type Journal Article Category Article Pages 155-184 DOI 10.1558/hrge.v17i2.155 Authors Emmanuel Agius, University of Malta, Room 204 Humanities A Building, Msida MSD 2080, Malta Journal Human Reproduction & Genetic Ethics Online ISSN 2043-0469 Print ISSN 1028-7825 Journal Volume Volume 17 Journal Issue Volume 17, Number 2 / 2011. (shrink)