The Human Fertilisation and Embryology Act 2008: a missed opportunity?Amel AlghraniCorrespondence to Dr Amel Alghrani, Institute for Science, Ethics and Innovation, Centre for Social Ethics and Policy, School of Law, University of Manchester, Oxford Road, Manchester, M13 9PL; [email protected] 16 September 2009 Accepted 24 September 2009 Regulating reproduction is no easy feat. In the past three decades we have witnessed a reproductive revolution and great strides have been made to alleviate the effects of infertility. Reproductive advances such as in-vitro fertilisation (...) , sex selection, reproductive cloning and embryo selection for the purpose of creating “saviour siblings” have all emerged as part of a rapid and ever-changing branch of medicine, each promising to upset the status quo and transform human reproduction.Following much activity in this area, the lengthy process of updating the legislation is now complete. The Human Fertilisation and Embryology Act 2008 received Royal Assent on 13 November 2008. The majority of the HFE Act 2008’s amendments will come into force in October of this year, with the exception of the provisions pertaining to parenthood, which commenced in April 2009. Welcoming Royal Assent, Professor Lisa Jardine, Chair of the Human Fertilisation and Embryology Authority, stated:“This is a momentous day for the HFEA and for those with fertility problems. The regulatory system that has served us so well has been renewed. Parliament has provided a clear framework for the future and a solid base on which to regulate 21st century practice within 21st century law.”1However, as scientific endeavours into developments such as artificial gametes, womb transplantation and ectogenesis continue apace, it could be argued that Jardine was perhaps overly optimistic about the achievements of the new legislation. The HFE Act 2008 is an amending statute, and as Jackson 2 notes “much of the regulatory architecture” in the 1990 legislation “remains intact”. In retaining the architecture of the 1990 legislation, and merely amending or adding certain provisions, has the government missed an ideal opportunity to consider how to equip the regulatory framework for the next phase/era of assisted reproduction?The next …. (shrink)

In this article I examine a recent approach to regulating assisted reproduction, whereby use of some kind of medical intervention ‘triggers’ laws governing legal parenthood that are more favourable to intending parents and sperm providers. I argue that although perhaps an improvement on the previous legal framework, these laws are problematic for three important reasons. First, they are prone to violating parental rights and unjustly imposing substantial burdens on individuals. Second, they are discriminatory. Third, even if we take a pragmatic (...) approach to the question of parenthood in these cases, these laws fail to properly consider the welfare interests of children. Finally, I conclude by showing that my argument does not entail adopting a laissez-fair attitude to conception using third-party sperm. (shrink)

The interests or welfare of the child are rightly central to anydiscussion of the ethics of reproduction. The problematic nature of thislegitimate concern is seldom, if ever, noticed or if it is, it ismisunderstood. A prominent example of this sort of misunderstandingoccurs in the Department of Health's recent and important `SurrogacyReview' chaired by Margaret Brazier (The Brazier Report) and thesame misunderstanding makes nonsense of at least one provision of theHuman Fertilization and Embryology Act 1990. (The HFE Act).This paper explores and (...) hopefully resolves this misunderstandingand sets out the ways in which the idea of theinterests of the child can legitimately function inbioethics. (shrink)

In the UK, regulation of clinical services is being restructured. We consider two clinical procedures, abortion and IVF treatment, which have similar ethical and political sensitivities. We consider factors including the law, licensing, inspection, amount of paperwork and reporting requirements, the reception by practitioners and costs, to establish which field has the greater ‘regulatory burden’. We test them based on scientific, ethical, social, political factors that might explain differences. We find that regulatory burden borne by IVF services is greater than (...) in abortion, but none of the explanatory theses can provide a justification of this phenomenon. We offer an alternative explanation based on regulatory ‘overspill’ from research regulation and policy making, conceptualisation of risk regulation and a high public profile that locks a regulator into self-preservation. (shrink)

Maximizing act consequentialism holds that actions are morally permissible if and only if they maximize the value of consequences—if and only if, that is, no alternative action in the given choice situation has more valuable consequences.[i] It is subject to two main objections. One is that it fails to recognize that morality imposes certain constraints on how we may promote value. Maximizing act consequentialism fails to recognize, I shall argue, that the ends do not always justify the means. Actions with (...) maximally valuable consequences are not always permissible. The second main objection to maximizing act consequentialism is that it mistakenly holds that morality requires us to maximize value. Morality, I shall argue, only requires that we satisfice (promote sufficiently) value, and thus leaves us a greater range of options than maximizing act consequentialism recognizes. (shrink)

In this paper I want to show that, although it is a common thread of many pragmatist or pragmatist-inspired doctrines, the belief-as-disposition-to-act theme is played on very different tunes by the various philosophical performers. A whole book could be devoted to the topic. I shall limit myself here to the views of Peirce, James, Ramsey, contemporary functionalists, and Isaac Levi. Depending on how they interpret this theme, the pragmatist philosophers can emphasise more or less the role of theory and practice (...) in their respective account of thought, truth and inquiry. When they stress the former pragmatists are what I shall call theoria-pragmatists, when they put the stress on the latter, I'll call them the praxis pragmatists. I suggest that the first variety is much more appealing than the other, and I side with the theoreticist pragmatists. (edited). (shrink)

“Every practice is a mode of thought, already in the act. To dance: a thinking in movement. To paint: a thinking through color. To perceive in the everyday: a thinking of the world’s varied ways of affording itself.” —from _Thought in the Act _Combining philosophy and aesthetics, _Thought in the Act_ is a unique exploration of creative practice as a form of thinking. Challenging the common opposition between the conceptual and the aesthetic, Erin Manning and Brian Massumi “think through” a (...) wide range of creative practices in the process of their making, revealing how thinking and artfulness are intimately, creatively, and inseparably intertwined. They rediscover this intertwining at the heart of everyday perception and investigate its potential for new forms of activism at the crossroads of politics and art. Emerging from active collaborations, the book analyzes the experiential work of the architects and conceptual artists Arakawa and Gins, the improvisational choreographic techniques of William Forsythe, the recent painting practice of Bracha Ettinger, as well as autistic writers’ self-descriptions of their perceptual world and the experimental event making of the SenseLab collective. Drawing from the idiosyncratic vocabularies of each creative practice, and building on the vocabulary of process philosophy, the book reactivates rather than merely describes the artistic processes it examines. The result is a thinking-with and a writing-in-collaboration-with these processes and a demonstration of how philosophy co-composes with the act in the making. _Thought in the Act_ enacts a collaborative mode of thinking in the act at the intersection of art, philosophy, and politics. (shrink)

On the whole, the US Algorithmic Accountability Act of 2022 (US AAA) is a pragmatic approach to balancing the benefits and risks of automated decision systems. Yet there is still room for improvement. This commentary highlights how the US AAA can both inform and learn from the European Artificial Intelligence Act (EU AIA).

Many philosophers believe in things, propositions, which are the things that we believe, assert etc., and which are the contents of sentences. The act-type theory of propositions is an attempt to say what propositions are, to explain how we stand in relations to them, and to explain why they are true or false. The core idea of the act-type theory is that propositions are types of acts of predication. The theory is developed in various ways to offer explanations of the (...) important properties of propositions. I present the core idea of the theory, and some developments of it. I discuss the relationship between the theory and the content–force distinction. I also present an important type of objection that has been raised to the explanations offered by the act-type theory. (shrink)

Ever since Frege, propositions have played a central role in philosophy of language. Propositions are generally conceived as abstract objects that have truth conditions essentially and fulfill both the role of the meaning of sentences and of the objects or content of propositional attitudes. More recently, the abstract conception of propositions has given rise to serious dissatisfaction among a number of philosophers, who have instead proposed a conception of propositional content based on cognitive acts (Hanks, Moltmann, Soames). This approach is (...) not entirely new, though, but has important precedents in early analytic philosophy and phenomenology. The aim of this volume is bring together some of the most important texts from the relevant historical literature and new contributions from contemporary proponents of act-based conceptions of propositional content. (shrink)

This paper examines recent attempts to revive a classic compatibilist position on free will, according to which having an ability to perform a certain action is having a certain disposition. Since having unmanifested dispositions is compatible with determinism, having unexercised abilities to act, it is held, is likewise compatible. Here it is argued that although there is a kind of capacity to act possession of which is a matter of having a disposition, the new dispositionalism leaves unresolved the main points (...) of dispute concerning free will. (shrink)

I challenge two key assumptions of speech act theory, as applied to argumentation: illocutionary monism, grounded in the idea each utterance has only one (primary) illocutionary force, and the dyadic reduction, which models interaction as a dyadic affair between only two agents (speaker-hearer, proponentopponent). I show how major contributions to speech act inspired study of argumentation adhere to these assumptions even as illocutionary pluralism in argumentative polylogues is a significant empirical fact in need of theoretical attention. I demonstrate this with (...) two examples where arguers interacting with multiple persons convey plural, argumentatively relevant illocutionary forces. Understanding illocutionary pluralism in argumentative polylogues also affords a better account of fallacious and manipulative discourse. (shrink)

Choice is one of the central elements in the experience of free will, but it has not received a good account from either compatibilists or libertarians. This paper develops an account of choice based around three features: (i) choice is an action; (ii) choice is not determined by one's prior beliefs and desires; (iii) once the question of what to do has arisen, choice is typically both necessary and sufficient for moving to action. These features might appear to support a (...) libertarian account, but they do not. Instead it is argued that all three features can be accommodated within a compatibilist account, where choice is needed because of agents' inabilities to arrive at judgements about what is best. Choice differs though from random picking: in choosing, agents frequently (though not always) deploy abilities that enable them to make good choices. In such cases, judgements about what is best will frequently follow the choice. Finally choice is distinguished from agency, and, on the basis of the distinction, the claim that choice is an action is made good. (shrink)

Socially Responsible Investment (SRI) has grown considerably over the past three decades. One form of SRI, engagement-SRI, is today by far the most practiced form of SRI (in assets managed) and has the potential to mainstream SRI even further. However, lack of formalized engagement procedures and evaluation tools leave the engagement practice too opaque for such a mainstreaming. This article can be considered as a first step in the development of a standard for the engagement practice. By developing an engagement (...) heuristic, this article offers a more transparent engagement dialog. Drawing on Stevenson’s and Austin’s speech-act theories, this article develops a classification of management’s responses to the signaling of allegations and controversies on two dimensions: a factual dimension concerning (dis)agreements on factual claims and an attitudinal dimension concerning (dis)agreements on responsibilities, values, and norms. On the basis of the distinctions this article develops, the authors provide for a synoptic table and offer a next-step heuristic for the engagement process that started with signaling a concern to management. The article uses an engagement logic that, while keeping the exit option for the investor open, allows management to address signaled concerns without having to let down or to opt out at the first setback in the dialog process between investor and investee corporation. (shrink)

Book reviewed in this article: Balancing Act: The New Medical Ethics of Medicine's New Economics. By E. Haavi Morreim.

The theory that structured propositions are complex act-types has been independently articulated by Peter Hanks and Scott Soames. The present paper argues that the role of the act in such theories is supererogatory, for the individuation conditions of the act-based propositions remain wholly at the level of concepts and their formal combination, features which the traditional structured proposition theorist endorses. Thus, it is shown that the traditional problems for structured propositions are only ameliorable on the act conception by appeal to (...) the very resources of the traditional conception. It is also shown that the act theories have no act-based account of quantification and other operator-involving relations. An elementary account of propositions is sketched, after Fodor, which retains the virtues of the traditional structural conception without falling into ’Platonism’. (shrink)

This paper attempts to explain what a protest is by using the resources of speech-act theory. First, we distinguish the object, redress, and means of a protest. This provided a way to think of atomic acts of protest as having dual communicative aspects, viz., a negative evaluation of the object and a connected prescription of redress. Second, we use Austin’s notion of a felicity condition to further characterize the dual communicative aspects of protest. This allows us to distinguish protest from (...) some other speech acts which also involve a negative evaluation of some object and a connected prescription of redress. Finally, we turn to Kukla and Lance’s idea of a normative functionalist analysis of speech acts to advance the view that protests are a complex speech act constituted by dual input normative statuses and dual output normative statuses. (shrink)

Empirical studies indicate that business compliance with the UK Modern Slavery Act is disappointing, but they struggle to make sense of this phenomenon. This article offers a novel framework to understand how business organizations construct the meaning of compliance with the UK Modern Slavery Act. Our analysis builds on the endogeneity of law theory developed by Edelman. Empirically, our study is based on the analysis of the modern slavery statements of 10 FTSE 100 (Financial Times Stock Exchange 100 Index) companies (...) in the food and tobacco sector, backed by interviews with business, civil society, and public officers. We offer a dynamic model that draws attention to the role of compliance professionals in framing ambiguous rules and devising a variety of organizational responses to modern slavery law. Contrary to extant research that tends to praise organizations for going “beyond compliance”, our study underlines the risks of managerialization of modern slavery law, whereby merely symbolic structures come to be associated with legal compliance, even when they are ineffective at tackling modern slavery. (shrink)

Kant considers eudaimonism as his main opponent and he assumes that his ethics is the only viable alternative to eudaimonism. He does not explicitly address theories differing from both eudaimonism and from his own. I argue that whilst Kant and Act-Consequentialists advocate different normative principles, their positions share the important abstract feature that they establish what is to be done from a rational principle and not based on what is in the self-interest of the respective agent, as Kant thinks eudaimonism (...) does. Act-Consequentialism is thus closer to Kant’s ethics than is often assumed. I will demonstrate and vindicate this point with a new interpretation of the Fact of Reason. This reading also establishes that the notion of a Fact of Reason is less contentious than many of Kant’s critics believe. We should not expect that the Fact establishes Kantianism. Instead, the Fact is only supposed to count against a specific competing view of morality, namely, eudaimonism. Act-Consequentialists can accept the Fact as well. (shrink)

I propose a version of the act‐type theory of propositions, following Hanks and Soames. According to the theory, propositions are types of act of predication. The content of a sentence is the type of such act performed when that sentence is uttered. A consequence of this theory is that the structure of the content of a sentence will mirror the structure of that sentence. I defend this consequence of the theory from two important objections. I then argue that this theory (...) is well motivated because it can be part of a theory of what is said. (shrink)

This paper presents a speech act analysis of presumption, using the framework of a dialogue in which two parties reason together. In the speech act of presumption, as opposed to that of assertion, the burden of proof resides not on the proponent to prove, but on the respondent to rebut. Some connections of this account with nonmonotonic reasoning and informal fallacies in argumentation are explored.

This article offers a reconstruction of Brentano’s notion of act content that identifies the content of a mental act with a combination of marks (Merkmale) or a single such mark. The author will first clarify the role act content plays in Brentano’s philosophy of psychology and then go on to locate the proposed notion of content in the historical context of Brentano’s work as well as in his writings at the time of Psychologie. The author will defend this notion against (...) potential objections and explore its explanatory potential. (shrink)