Purpose. The main objective of this article is to discuss the suitability of moral and ordre public clauses, and to advance the view that ethical reflection within patent systems is valuable. Methodology. This is a conceptual paper that draws upon the present situation in Europe to illuminate a discussion of the different views about the morality patents, with particular emphasis on criticism of authors who have espoused a narrow interpretation of moral clauses, such as that adopted by the EPO. Findings. (...) This research found that the claim that patent systems are not appropriate places in which to evaluate moral matters and, therefore, they cannot inform us about morality, is false. This is because inventors do not need to wait for authorizing legislation prior to making use of their technology. Hence, moral implications can be evaluated. Practical implications. It is shown how the bioethicist community can be incorporated into patent offices. The responsibilities of examiners and businesses in the process are also discussed. Research limitations/implications. These ideas also lead to important theoretical consequences, especially regarding the debate on value-laden science and technology. However, further efforts are needed to address other patent regimes, such as the non-European. Originality. There have been a limited number of studies that examine the value of ethical considerations within the patent system. This article provides a thought-provoking discussion of moral clauses in Europe. I also suggest new ways of incorporating ethical scrutiny into patent systems. (shrink)

Mainstream views of medical research tell us it should be a fact-based, value-free endeavor: what a scientist (or her funding source) wants or cares about should not influence her findings. At the same time, we also sometimes criticize medical research for failing to embody certain values, e.g. when we criticize pharmaceutical companies for largely ignoring the diseases that affect the global poor. This chapter seeks to reconcile these perspectives by distinguishing appropriate from inappropriate influences of values on medical research. It (...) divides this broad question into two narrower ones, the Role Question (at what points in the research process is value influence potentially acceptable?) and the Content Question (when value influence is potentially acceptable, what specific values should researchers use?), and then draws on the philosophical literature on values in science to explore answers to each of them. (shrink)

Straightening the current ‘value-laden turn’ (VLT) in the philosophical literature on values in science, and reviving the legacy of the value-free ideal of science (VFI), this paper argues that the influence of extra-scientific values should be minimised—not excluded—in the core phase of scientific inquiry where claims are accepted or rejected. Noting that the original arguments for the VFI (ensuring the truth of scientific knowledge, respecting the autonomy of science results users, preserving public trust in science) have not been satisfactorily addressed (...) by proponents of the VLT, it proposes four prerequisites which any model for values in the acceptance/rejection phase of scientific inquiry should respect, coming from the fundamental requirement to distinguish between facts and values: (1) the truth of scientific knowledge must be ensured; (2) the uncertainties associated with scientific claims must be stated clearly; (3) claims accepted into the scientific corpus must be distinguished from claims taken as a basis for action. An additional prerequisite of (4) simplicity and systematicity is desirable, if the model is to be applicable. Methodological documents from international institutions and regulation agencies are used to illustrate the prerequisites. A model combining Betz’s conception (stating uncertainties associated with scientific claims) and Hansson’s corpus model (ensuring the truth of the scientific corpus and distinguishing it from other claims taken as a basis for action) is proposed. Additional prerequisites are finally suggested for future research, stemming from the requirement for philosophy of science to self-reflect on its own values: (5) any model for values in science must be descriptively and normatively relevant; and (6) its consequences must be thoroughly assessed. (shrink)

This article discusses Sven Ove Hansson’s corpus model for the influence of values (in particular, non-epistemic ones) in the hypothesis acceptance/rejection phase of scientific inquiry. This corpus model is based on Hansson’s concepts of scientific corpus and science ‘in the large sense’. I first present Hansson’s corpus model of value influence with some introductory comments about its origins, a detailed presentation of the model with a new terminology, an analysis of its limits, and an appreciation of its handling of controversial (...) non-epistemic values. I conclude that it is a very good candidate for managing value influence, because contrary to other models in the literature it is fairly simple, it provides a universal and systematic procedure for dealing with values, and it syste- matically preserves the epistemic integrity of science. I then study some difficulties associated with the model’s central feature of taking the maximum level of evidence required by the applications of a claim in order for the latter to enter the scientific corpus: the difficulty to identify this maximum requirement; the non-optimality of this requirement with respect to other less demanding requirements; the potentially detrimental consequences of the preference for false negatives over false positives on which it relies; and the issue of whether there can nevertheless be requirements higher than this maximum. I show that these issues may potentially challenge the corpus model. Finally, I call for empirical work (in particular, an investigation of scientists’ and engineers’ own normative views) in order to better assess these issues. (shrink)

The value-free ideal for science holds that values should not influence the core features of scientific reasoning. We defend the difference-to-inference model of value-permeation, which holds that value-permeation in science is problematic when values make a difference to the inferences made about a hypothesis. This view of value-permeation is superior to existing views, and it suggests a corresponding maxim—namely, that scientists should strive to eliminate differences to inference. This maxim is the basis of a novel value-free ideal for science. -/- (...) . (shrink)

Replacing the value-free ideal (VFI) for science requires attention to the broader understanding of how science in society should function. In public spaces, science needed to project the VFI in norms for science advising, science education, and science communication. This resulted in the independent science advisor model and a focus on science literacy for science education and communication. Attending to these broader implications of the VFI which structure science and society relationships is crucial if we are to properly replace the (...) VFI with a better ideal. (shrink)

In the last two decades, a robust consensus has emerged among philosophers of science, whereby political, ethical, or social values must play some role in scientific inquiry, and that the ‘value-free ideal’ is thus a misguided conception of science. However, the question of how to distinguish, in a principled way, which values may legitimately influence science remains. This question, which has been dubbed the ‘new demarcation problem,’ has until recently received comparatively less attention from philosophers of science. In this paper, (...) I appeal to Rawls’s theory of justice (1971) on the basis of which I defend a Rawlsian solution to the new demarcation problem. As I argue, the Rawlsian solution places plausible constraints on which values ought to influence scientific inquiry, and, moreover, can be fruitfully applied to concrete cases to determine how the conflicting interests of stakeholders should be balanced. After considering and responding to the objection that Rawls’s theory of justice applies only to the “basic structure” of society, I compare the Rawlsian solution to some other approaches to the new demarcation problem, especially those that emphasize democratic criteria. (shrink)

In recent years, many philosophers of science have rejected the “value-free ideal” for science, arguing that non-epistemic values have a legitimate role to play in scientific inquiry. However, this philosophical position raises the question of how to distinguish between legitimate and illegitimate influences of values in science. In this paper, we argue that those seeking to address this “new” demarcation problem can benefit by drawing lessons from the “old” demarcation problem, in which philosophers tried to find a way of distinguishing (...) between science and non-science. Many of those who worked on this problem ultimately found that efforts to provide necessary and sufficient conditions for defining science failed, and most concluded that the best solution to the problem was to characterize scientific hypotheses, theories, and research programs in terms of some common norms. We suggest that those seeking to distinguish between legitimate and illegitimate value influences on science would do well to adopt a similar approach. Rather than attempting to establish necessary and sufficient conditions for identifying appropriate value influences, it will be more fruitful to evaluate scientific activities based on their adherence to a set of epistemic and ethical norms that can be implemented in scientific practice by means of rules, conventions, policies, and procedures. (shrink)

The following paper argues that issues in paradigmatic proposals for solving the new demarcation problem stem from absolutist assumptions about judgments of value legitimacy. Both the problem of uninformativeness (Larroulet Philippi 2020; Fernandez-Pinto 2014, 2015) and the problem of ambiguous judgments of cases (Hicks 2014; Intemann 2017) are explained by an absolutist pretension contained in one of the main aims of these proposals: providing criteria for differentiating legitimate from illegitimate uses of values, without qualification. After presenting the problems and showing (...) how they stem from that common source, we will sketch a way forward, inspired mainly by Joseph Rouse’s Beyond Epistemic Sovereignty (1996), advancing routes that can allow philosophers of science to evade these pitfalls and engage with scientific practice in a more salutary manner. (shrink)

To clarify the proper role of values in science, focusing on controversial expert responses to Covid-19, this article examines the status of (in)convenient hypotheses. Polarizing cases like health experts downplaying mask efficacy to save resources for healthcare workers, or scientists dismissing “accidental lab leak” hypotheses in view of potential xenophobia, plausibly involve modifying evidential standards for (in)convenient claims. Societies could accept that scientists handle (in)convenient claims just like nonscientists, and give experts less political power. Or societies could hold scientists to (...) a higher bar, by expecting them not to modify evidential standards to avoid costs only incidentally tied to error. (shrink)

This paper critically assesses the current debates in philosophy of science that focus on the concept of values. In these debates, it is often assumed that all relevant non-epistemic influences on scientific research can be described as values and, consequently, that science carries social legitimacy if the correct values play their proper role in research. I argue that values are _not_ the only relevant non-epistemic influences on research: not unless our definition of values is so broad that it becomes unmanageable. (...) Other factors also affect the authority and social legitimacy of science. I employ political theorist Iris Marion Young’s concepts of social perspectives, opinions and interests to attempt a differentiation of contextual influences relevant to scientific research. While problems arising from these influences may overlap, they often differ in important ways too. As a consequence, I argue that contextual influences cannot be managed jointly but require distinct and complementary strategies. (shrink)

Publics trust experts for personal and pro-social reasons. Scientists are among the experts publics trust most, and so, epistemic trust is routinely afforded to them. The call for epistemic trust to be more socially situated in order to account for the impact of science on society and public welfare is at the forefront of enhanced epistemic trust. I argue that the value-free ideal for science challenges establishing enhanced epistemic trust by preventing the inclusion of non-epistemic values throughout the evaluation of (...) evidence and communication of these values. By selectively silencing non-epistemic values, the ideal cannot take into account publics’ social and moral responses to inductive risk, which are instrumental for defining and determining public welfare. Furthermore, by emphasising epistemic values almost exclusively in science education and communication, the value-free ideal is presented to publics in such a way that it becomes a social indicator of trust. I show this through examination of the importance of values in decisions to trust, and conclude that values (and restrictions on them) can be used by lay publics to help decide which experts to trust. (shrink)

The argument from inductive risk is considered to be one of the strongest challenges for value-free science. A great part of its appeal lies in the idea that even an ideal epistemic agent—the “perfect scientist” or “scientist qua scientist”—cannot escape inductive risk. In this paper, I scrutinize this ambition by stipulating an idealized Bayesian decision setting. I argue that inductive risk does not show that the “perfect scientist” must, descriptively speaking, make non-epistemic value-judgements, at least not in a way that (...) undermines the value-free ideal. However, the argument is more successful in showing that there are cases where the “perfect scientist” should, normatively speaking, use non-epistemic values. I also show that this is possible without creating problems of illegitimate prescription and wishful thinking. Thus, while inductive risk does not refute value-freedom completely, it still represents a powerful critique of value-free science. (shrink)

Philosophy Compass, Volume 17, Issue 7, July 2022.

The problem this paper addresses is that scientists have to take normatively charged decisions which can have a significant impact on individual members of the public or the public as a whole. And yet mechanisms to exercise democratic control over them are often absent. Given the normative nature of these choices, this is often perceived to be at odds with basic democratic principles. I show that this problem applies in similar ways to civil service institutions and draw on political philosophy (...) literature on the civil service (e.g. Rosanvallon, 2011; Heath, 2022) to discuss when such normative judgements can nevertheless be said to be democratically legitimate. Concretely, I seek to show that normative judgements in research need not be democratically legitimated in order for science to be democratically legitimate. Indeed, it can be democratically legitimate for scientists to go against the expressed views of the public or political representatives if this is justified in light of, firstly, the role science has been asked to fulfil and, secondly, when it is in line with public institutions’ key principles. This is a counter-position to views currently held in the values in science debate (e.g. by Kitcher, 2011; Intemann, 2015; Schroeder, 2021; Lusk, 2021) which argue that value-laden judgements in science are legitimate if they are aligned with the public’s views or directly decided by public. (shrink)

The underreporting of suspected adverse drug reactions remains a primary issue for contemporary post-market drug surveillance or ‘pharmacovigilance.’ Pharmacovigilance pioneer W.H.W. Inman argued that ‘deadly sins’ committed by clinicians are to blame for underreporting. Of these ‘sins,’ ignorance and lethargy are the most obvious and impactful in causing underreporting. However, recent analyses show that diffidence, insecurity, and indifference additionally play a major role. I aim to augment our understanding of diffidence, insecurity, and indifference by arguing these sins are underwritten by (...) value judgments arising via epistemic risk. I contend that ‘evidence-based’ medicine codifies these sins. (shrink)

Double standards are widespread throughout biomedicine, especially in research on reproductive health. One of the clearest cases of double standards involves the feminine gendering of reproductive responsibility for contraception and the continued lack of highly effective, reversible methods for cisgender men. While the biomedical establishment accepts diversity and inclusion as important social values for clinical trials, their continued use of inequitable standards undermines their ability to challenge unfair social hierarchies by developing male contraception. Thus, the gender/sex bias present in contraceptive (...) research raises the “New Demarcation Problem”: If we accept that values can and will play important roles in science, how can we nevertheless distinguish positive influences of values from more corrosive bias? I argue that biomedical researchers ought to aim their clinical trials at equity and utilize methodologies that actually achieve that aim. More specifically, I contend that we can avoid the problem of double standards by gender/sex in contraceptive research by utilizing more equitable standards. My demarcation strategy captures dynamic interplay between values and their effects, with direct policy implications for institutions conducting, funding, and evaluating clinical trials. For male contraceptive trials, this involves shifting risk assessment from an individual model to a shared model for sexual partners. (shrink)

Arguments discrediting the value-free ideal of science have left us with the question of how to distinguish desirable values from biases that compromise the reliability of research. In this paper, I argue for a characterization of cognitive biases as deviations of thought processes that systematically lead scientists to the wrong conclusions. In particular, cognitive biases could help us understand a crucial issue in science today: how systematic error is introduced in research outcomes, even when research is evaluated as of good (...) quality. To conclude, I suggest that some debiasing mechanisms have great potential for countering implicit methodological biases in science. (shrink)

There is much debate on how social values should influence scientific research. However, the question of practical applicability of philosophers’ normative proposals has received less attention. Here, we test the attainability of Matthew J. Brown’s (2020) Moral Imagination ideal (MI ideal), which aims to help scientists to make warranted value-judgements through reflecting on goals, options, values, and stakeholders of research. Here, the tools of the MI ideal are applied to a climate modelling setting, where researchers are developing aerosol-cloud interaction (ACI) (...) parametrizations in an Earth System Model with the broader goal of improving climate sensitivity estimation. After the identification of minor obstacles to applying the MI ideal, we propose two ways to increase its applicability. First, its tools should be accompanied with more concrete guidance for identifying how social values enter more technical decisions in scientific research. Second, since research projects can have multiple goals, examining the alignment between broader societal aims of research and more technical goals should be part of the tools of the MI ideal. (shrink)

The demarcation between science and pseudoscience is a long-standing problem in philosophy of science. Although philosophers have been hesitant to engage in this project since Larry Laudan announce...

Solving the “new demarcation problem” requires a distinction between epistemically legitimate and illegitimate roles for non-epistemic values in science. This paper addresses one ‘half’ (i.e. a sub-problem) of the new demarcation problem articulated by the Gretchenfrage: What makes the role of a non-epistemic value in science epistemically illegitimate? I will argue for the Explaining Epistemic Errors (EEE) account, according to which the epistemically illegitimate role of a non-epistemic value is defined via an explanatory claim: the fact that an epistemic agent (...) is motivated by a non-epistemic value explains why the epistemic agent commits a particular epistemic error. The EEE account is inspired by Douglas’ and Steel’s “functionalist” or “epistemic constraint” accounts of epistemic illegitimacy. I will suggest that the EEE account is able to meet two challenges that these two accounts face, while preserving the key intuition underlying both accounts. If my arguments succeed, then the EEE account provides a solution to one half of the new demarcation problem (by providing a definition of what makes the role of a non-epistemic value epistemically illegitimate) and it opens up new ways for addressing the other half (i.e. characterizing an epistemically legitimate role for non-epistemic values). (shrink)

Establishing the effectiveness of medical treatments is one of the most important aspects of medical practice. Bradford Hill's viewpoints play an important role in inferring causality in medicine,...

Feminist philosophers have discussed the prospects for assessing values empirically, particularly given the ongoing threat of sexism and other oppressive values influencing science and society. Some advocates of such tests now champion a “values as evidence” approach, and they criticize Helen Longino’s contextual empiricism for not holding values to the same level of empirical scrutiny as other claims. In this paper, we defend contextual empiricism by arguing that many of these criticisms are based on mischaracterizations of Longino’s position, overstatements of (...) certain claims, and false dichotomies. Her contextual empiricism not only allows for the empirical support and disconfirmation of values, but Longino explicitly discusses when values can be empirically adjudicated and emphasizes the crucial role of the community for standards of evidence. We support contextual empiricism and elaborate a less direct account of “values as heuristics” by reviewing Longino’s theory of evidence and then using a case study from Elisabeth Lloyd on the biology of female orgasm, demonstrating the disconfirmation of androcentric values in evolutionary science. Within Longino’s and Lloyd’s contextual empiricism, values do not get treated as empirical evidence to be directly assessed by individuals, but rather values are heuristic tools to build models whose use can be validated or invalidated by communities based on their empirical fruitfulness in the logic and pragmatics of research questions in specific historical and cultural contexts. (shrink)