The debate over international trade has long pitted “free trade” advocates against those who argue that particular reasons support trade restraints. The newest argument is that open trade leads to a “race to the bottom” in the regulation of health, safety, welfare, and especially labor and environmental concerns, harming the nation’s citizens and undermining national sovereignty. One predicate for this argument – that trade increases competitive pressure on domestic industry – is accurate. That, in turn, will raise the cost of (...) some national policies that otherwise would win political approval. But the remainder of the race to the bottom argument rests on assumptions about regulation, the political process, and trade that do not stand up to examination. While responses to increased international competition will vary, the effects of such competition will generally be consistent with any meaningful notion of sovereignty and also will improve national welfare judged by common economic norms.Le débat sur le commerce international a longtemps opposé les défenseurs du libre échange à ceux qui soutiennent qu’il existe des raisons particulières en faveur de barrières à l’échange. L’argument le plus récent est que le libre échange conduit à une course au “nivellement par le bas” au niveau de la réglementation de la santé, de la sécurité, du bienêtre, et plus particulièrement dans les domaines du travail et de l’environnement. Selon ses tenants, elle aurait pour conséquence de léser les citoyens de la nation et d’affaiblir la souveraineté nationale.Un présupposé de cet argument – selon lequel le commerce accroît la pression concurrentielle subie par l’industrie nationale – est fondé. A son tour cela entraînera une augmentation du coût de certaines politiques nationales qui auraient par ailleurs obtenu un assentiment politique.Mais le reste de l’argumentation du nivellement par le bas repose sur des hypothèses à propos de la réglementation, du processus politique, et du commerce qui ne résistent pas à un examen critique.Bien que les réactions à une concurrence internationale accrue varient, les effets d’une telle concurrence seront généralement cohérents avec toute notion pertinente de souveraineté et amélioreront le bien-être national tel que jugé par les normes économiques standard. (shrink)

The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political (...) Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people. (shrink)

Discourse around assisted colonization focuses on the ecological risks, costs, and uncertainties associated with the practice, as well as on its technical feasibility and alternative approaches to it. Nevertheless, the ethical underpinnings of the case for assisted colonization are claims about the value of species. A complete discussion of assisted colonization needs to include assessment of these claims. For each type of value that species are thought to possess it is necessary to determine whether it is plausible that species possess (...) the type of value and, if so, to what extent their possessing it justifies assisted colonization. I conducted such an assessment for each of the predominant types of value ascribed to species: ecological, instrumental (including option value), existence, and intrinsic value (including interest‐based, objective, and valuer‐dependent intrinsic value). The vast majority of species, including several that have been proposed as candidates for assisted colonization, have much less value than is often presumed. Moreover, with respect to some types of value, assisted colonization would not fully preserve the value of the target species even if it were to keep the target species in existence. Therefore, the case for assisted colonization is significantly weaker and more qualified than its advocates often suppose. There may be exceptional species for which assisted colonization is well justified—and for this reason, case‐by‐case assessment is necessary—but in general the burden of justification generated by the ecological risks associated with assisted colonization is not met by the value potentially preserved by assisted colonization. This suggests that assisted colonization ought to have, at most, a very minor role in the portfolio of ecosystem management practices, even as it pertains to species conservation under conditions of rapid climate change. (shrink)

Abstract:Companies have a share in our common responsibility to future generations. Hitherto, this responsibility has been all but neglected in the business ethics literature. This paper intends to make up for that omission. A strong case for our moral responsibility to future generations can be established on the grounds of moral rights theory, utilitarianism and justice theory. The paper analyses two practical cases in environmental policy, in order to come to grips with the complicated ethical issues involved in the responsibility (...) to future generations. The cases deal with the management of finite energy sources and of vulnerable resources of biodiversity. The ethical issues involved in these cases have an important bearing on business ethics: future generations should be included among the stakeholders of the firm. The paper concludes with a plea to institutionalize a “third arena” for debate and deliberation on the protection of the interests of future generations, next to the arenas of the government and the market. Companies should participate in this third arena, led by a participatory ethics. (shrink)

This paper constitutes my first attempt publicly to comment on Nancy Cartwright’s philosophy of science. That I have not done this earlier is primarily due to the great similarities in our views on topics where our interests overlap.2 But Cartwright’s work also covers topics I have never seriously considered, such as the use of linear models in economics and the measurement problem in quantum mechanics. Even the subject of probabilistic causation, to which I once contributed, is not one I now (...) feel confident in examining in any detail. I will concentrate, therefore, on her views regarding the nature of scientific theories, laws, models, and causality in general – topics at the forefront of my own current thinking. More specifically still, I will focus on the picture of classical mechanics she presents in The Dappled World (1999). (shrink)

Kinship plays a foundational role in organizing human social behavior on both local and more global scales. Hence, any adequate account of the evolution of human sociality must include an account of the evolution of human kinship. This article aims to make progress on the latter task by providing a few key pieces of an evolutionary model of kinship systems. The article is especially focused on the connection between primate social cognition and the origins of kinship systems. I argue that (...) early conceptions of kinship in our line were very likely scaffolded by preexisting forms of primate social cognition. It was only later, as linguistic resources increased in our line, and as human social life grew more complex, that these conceptions came to resemble kin categories as we now know them. I conclude by situating “kin cognition” within a broader cognitive science framework for studying capacities that reflect both innate knowledge and human cultural learning. (shrink)

Les algèbres de dimensions supérieures libèrent les mathématiques de la restriction d'une notation purement linéaire. Elles aident ainsi à la modélisation de la géométrie et procurent une meilleure compréhension et plus de possibilités pour les calculs. Elles nous donnent de nouveaux outils pour l'étude de problèmes non-commutatifs, de dimension supérieure qui assurent le passage du local au global, en utilisant la notion d' «inverse algébrique de subdivision». Nous allons exposer comment ces idées sont venues aux auteurs en prolongeant initialement la (...) notion classique de groupe abstrait à celle de groupoïde abstrait, dont la composition n'est que partiellement définie, et qui ajoute une composante spatiale à la théorie habituelle des groupes. La théorie des noeuds nous fournit un exemple en indiquant comment une telle algèbre peut être utilisée pour décrire la structure d'un espace. Le prolongement à la dimension 2 utilise des compositions de carrés dans deux directions et la richesse de l'algèbre qui en résulte est montrée par certains calculs de dimension 2. La difficulté de la transition de la dimension 1 à la dimension 2 est également illustrée par la comparaison de la notion de carré commutatif à celle de cube commutatif - le traitement de cette dernière nécessitant de nouvelles notions. L'importance de la théorie des catégories est expliquée, de même que les possibilités de l'application d'algèbres de dimensions supérieures. (shrink)

As Dobzhansky wrote, nothing in biology makes sense outside the context of the evolutionary theory, and this truth has not been sufficiently explored yet by medicine. We comment on Shanks and Pyles' recently published paper, Evolution and medicine: the long reach of "Dr. Darwin", and discuss some recent advancements in the application of evolutionary theory to carcinogenesis. However, we disagree with Shanks and Pyles about the usefulness of animal experiments in predicting human hazards. Based on the darwinian observation of inter-species (...) and inter-individual variation in all biological functions, Shanks and Pyles suggest that animal experiments cannot be used to identify hazards to human health. We claim that while the activity of enzymes may vary among individuals and among species, this does not indicate that critical events in disease processes occurring after exposure to hazardous agents differ qualitatively between animal models and humans. In addition, the goal is to avoid human disease whenever possible and with the means that are available at a given point in time. Epidemics of cancer could have been prevented if experimental data had been used to reduce human exposures or ban carcinogenic chemicals. We discuss examples. (shrink)

A “national security–centric” approach currently dominates cybersecurity policies and practices. Derived from a realist theory of world politics in which states compete with each other for survival and relative advantage, the principal cybersecurity threats are conceived as those affecting sovereign states, such as damage to critical infrastructure within their territorial jurisdictions. As part of a roundtable on “Competing Visions for Cyberspace,” this essay presents an alternative approach to cybersecurity that is derived from the tradition of “human security.” Rather than prioritizing (...) territorial sovereignty, this approach prioritizes the individual, and views networks as part of the essential foundation for the modern exercise of human rights, such as access to information, freedom of thought, and freedom of association. The foundational elements of a human-centric approach to cybersecurity are outlined and contrasted with the prevailing trends around national security–centric practices. A human-centric approach strives for indivisible network security on a planetary scale for the widest possible scope of human experience, and seeks to ensure that such principles are vigorously monitored and defended by multiple and overlapping forms of independent oversight and review. (shrink)

Consider a physical system for which a mathematically rigorous geometric quantization procedure exists. Now subject the system to a finite set of irreducible first class (bosonic) constraints. It is shown that there is a mathematically rigorous BRST quantization of the constrained system whose cohomology at ghost number zero recovers the constrained quantum states. Moreover this space of constrained states has a well-defined Hilbert space structure inherited from that of the original system. Treatments of these ideas in the physics literature are (...) more general but suffer from having states with infinite or zero "norms" and thus are not admissible as states. Also BRST operators for many systems require regularization to be well-defined. In our more restricted context, we show that our treatment does not suffer from any of these difficulties. (shrink)

Many solar systems in the universe may be expected to contain rocky planets that have accreted organic compounds. These compounds are likely to be universally found. In addition, the chemistry of sulfur, phosphorus, and iron is likely to dominate energy transductions and monomer activation, leading to the eventual emergence of polymers. Proteins and polynucleotides provide living matter with function, structure, and information. The conceptual puzzle regarding their emergence is discussed. The fitness of various elements to serve various roles is analyzed (...) from the viewpoint of electron orbitals. Elements with d orbitals are of central importance. (shrink)

The discovery of induced pluripotent stem (iPS) cells in 2006 was heralded as a major breakthrough in stem cell research. Since then, progress in iPS cell technology has paved the way towards clinical application, particularly cell replacement therapy, which has refueled debate on the ethics of stem cell research. However, much of the discourse has focused on questions of moral status and potentiality, overlooking the ethical issues which are introduced by the clinical testing of iPS cell replacement therapy. First-in-human trials, (...) in particular, raise a number of ethical concerns including informed consent, subject recruitment and harm minimisation as well as the inherent uncertainty and risks which are involved in testing medical procedures on humans for the first time. These issues, while a feature of any human research, become more complex in the case of iPS cell therapy, given the seriousness of the potential risks, the unreliability of available animal models, the vulnerability of the target patient group, and the high stakes of such an intensely public area of science. Our paper will present a detailed case study of iPS cell replacement therapy for Parkinson's disease to highlight these broader ethical and epistemological concerns. If we accept that iPS cell technology is fraught with challenges which go far beyond merely refuting the potentiality of the stem cell line, we conclude that iPS cell research should not replace, but proceed alongside embryonic and adult somatic stem cell research to promote cross-fertilisation of knowledge and better clinical outcomes. (shrink)

Distils the principles of ethics for busy people and students, and shows how they can be applied without oversimplifying nor becoming overly theoretical. The book focuses on the need for a strong adherence to codes of corporate governance in a rapidly deregulating and globalizing world.

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The treatise was in origin a polemic against the Erasistrateans in Rome whom Galen found to be in opposition to his own views. It is of interest not only for Galen's views on venesection but also for the fragments of the writings of Erastistratus contained in it. The text has not yet appeared in a modern critical edition. The Kühn edition of 1826 is the most recent, but Kühn did not go beyond the work of the Renaissance editors in dealing (...) with the numerous corruptions of the text. The emendations proposed below are occasioned by the want of a satisfactory reading anywhere in the tradition. (shrink)

Michael Ruse [3] has criticized the distinction between biological function and evolutionary adaptation that I argued for in my article “Biological Adaptation” [2]. I shall show below that Ruse's criticisms are not, for the most part, well taken and that the distinction remains as I made it.

n a critical yet sympathetic examination of Richard Rorty's philosophy, the author uses the biblical figure of 'The Stranger' to explore some ethical tensions in Rorty's affirmation of a liberal polity.