The aim of this master’s thesis is to analyse and highlight the interaction between science, politics and law. More precisely, our research question concerns the use of scientific arguments in social spheres (notably in politics and law) instead of legal or political arguments. In fact, we want to raise the way in which certain actors invoke scientific arguments to impose "objective" elements of fact in debate and, in this way, refrain from politically and "subjectively" discussing these same elements (or, at (...) least, their social consequences). This Master’s thesis will adopt an interdisciplinary theoretical framework (chapter 1) mobilising philosophy of science, philosophy of law, sociology of law, legal technique and analytical theories. Then, we will apply it to a case study: the European regulation of genetically modified organisms (GMOs) after the European Court of Justice (CJEU) ruling of 25 July 2015 (chapter 2). The first chapter will provide theoretical elements to rethink the interaction between science, politics and law. The first section will propose a 'state of the art’ of the philosophical literature on the relationship between science (as a regime of truth) and politics. This master’s thesis will assess a truth under construction rather than a transcendental truth. Section 2 anticipates authoritarian claims based on science by considering the relationship science can have with power (Foucault). A solid review of philosophical, sociological and legal literature highlights the risks of giving decision-making power to an all-powerful science. Notably, the use of science to justify discriminatory policies is emphasised as these policies could not be challenged because, at the time, it was considered an objective scientific truth. Finally, section 3 offers a critique of the narratives of neutral and objective science, through the approach of science in action. This sociological approach presented all the doubts and subjectivity of science in action. The second chapter will propose a case study to illustrate the theoretical framework. We have chosen GMOs because they constitute a hybrid 'event', marked by scientific controversies, and with major socio-economic implications. The legal framework of GMOs in the European Union will be presented in the first section. In addition, the legal status of new breeding techniques (NBTs) will be examined. The second section will analyse the ruling of the European Court of Justice which made NBTs subject to GMO regulation. Finally, the third section will propose a reflection on the philosophy of law on the modes of existence of scientific, legal and political disciplines. (shrink)

In this chapter, Gary Comstock considers whether it is ethically justified to pursue genetically modified ( GM) crops and foods. He first considers intrinsic objections to GM crops that allege that the process of making GMOs is objectionable in itself. He argues that there is no justifiable basis for the objections- i.e. GM crops are not intrinsically ethically problematic. He then considers extrinsic objections to GM crops, including objections based on the precautionary principle, which focus on the potential harms (...) that may result from the adoption of GM organisms. He argues that these concerns have some merit. However, they do not justify giving up GM crops altogether. Instead, they require that GM crops be developed carefully and with appropriate oversight. Comstock then presents the positive case for GM crops that he endorses. It is based on three considerations: (i) the right of people to choose to adopt GM technology; (ii) the balance of likely benefits over harms to consumers and the environment from GM technology; and (iii) the wisdom of encouraging discovery, innovation, and careful regulation of GM technology. (shrink)

Grasping the identity of hybrids, that is beings which cross the binarism of nature and technology (e.g. genetically-modified organisms (GMOs), syn-bio inventions, biomimetic projects), is problematic since it is still guided by self-evident dualistic categories, either as artefacts or as natural entities. To move beyond the limitations of such a one-sided understanding of hybrids, we suggest turning towards the categories of affordances and the juxtaposition of needs and patterns of proper use, as inspired by the Heideggerian version of phenomenology. (...) Drawing upon selected concepts by Heidegger, we argue that hybrids can be conceptualised as a regenerative design and use to serve the planet. We argue that the ideal type of non-exploitative account of hybrids consists of the adaptive approach to the environment, which does not, however, exclude the possibility of designing and constructing new beings. We also point out that hybrids undermine the divide of being destructive/regenerative which marks the boundaries of nature and technology. (shrink)

Climate change is an existential risk reinforced by ordinary actions in afuent societies—often silently present in comfortable and enjoyable habits. This silence is sometimes broken, presenting itself as a nagging reminder of how our habits fuel a catastrophe. As a case in point, global warming has created a state of urgency among wine makers in Spain, as the alcohol level has risen to a point where it jeopardises wine quality and thereby Spanish viticulture. Eforts are currently being made to solve (...) this problem technologically by developing (non-GMO) strains of yeast that produce less alcohol. If successful, this could help save Spanish viticulture. This kind of technological solution is routinely criticised for ofering simplistic “techno-fx” solutions to solve complex societal problems. However, it is not clear what features are criticised by the notion of techno-fx and hence how to avoid this criticism. In our interpretation, the techno-fx notion is not exclusively used as a dismissive term. The notion points to a general virtue of engineering: to create technological solutions that work silently in the background. This asset of technological solutions might sometimes be problematic and sometimes not. Hence, it needs to be analysed case-by-case by paying attention to the moral relevance of the hidden implications of the technology and of the unrefective actions and habits that they facilitate. Such moral analysis will in turn inform strategies for foregrounding this technology to counteract silencing. We discuss what this means in the case of modifying yeast as a viticultural climate resilience strategy. (shrink)

One of the reasons why GMOs have met public resistance in the past is that they are perceived as “unnatural”. The basis for this claim has, in part, to do with crossing species boundaries, which is considered morally objectionable. The emergence of CRISPR is sometimes argued to be an ethical game-changer in this regard since it does not require the insertion of foreign genes. Based on an empirical bioethics study including individual interviews and focus groups with laypeople and other (...) stakeholders, this article analyses the normative role of appeals to naturalness in discussions about the moral acceptability of using CRISPR in salmon farming. It discusses two dimensions of naturalness found in the material– living by species-specific nature and being unaffected by humans– and argues that these dimensions put down criteria for the application of CRISPR that lead to a conflict between our moral duties towards the farmed salmon and those we hold towards the wild salmon as a threatened species. It also points to a paradox which is likely to gain traction with further climate change and biodiversity loss, namely that while nature, understood as that which is unaffected by humans, is presented as an ideal, conserving nature in its pristine state may rely on technology and human intervention. (shrink)

I claim that differences in the importance attached to economic liberty are more important in debates over the use of genetically modified organisms (GMOs) in agriculture than disagreements about the precautionary principle. I will argue this point by considering a case study: the decision by the U.S. Animal and Plant Health Inspection Service (APHIS) to grant nonregulated status to Roundup Ready soy. I will show that the unregulated release of this herbicide-resistant crop would not be acceptable morally unless one (...) places a very high premium on economic liberty. This is true even if one takes a sound science attitude to unknown risks, rather than a precautionary attitude. I concede that it may not have been within APHIS’s legislative mandate to regulate Roundup Ready soy further, but for those of us who do not put a high premium on economic liberty, this only calls for extending regulatory oversight of GMOs. (shrink)

What is the research for in the society? We may imagine the professionals engaged in these activities, shall we say, university professors, researchers in the public and private institutions, and even the lay inventors at home or in the neighborhood. The research is related with some of knowledge or ideas, which, however, should be creative and original. It is the main function of those professionals, and can develop in dissemination of the findings produced by research. It frontiers the knowledge of (...) humans which enables a better view of world and generates the public welfare. The scholars are often those professionals who are required or in some cases, squeezed to produce an original contribution to the specific field of academy. As the society develops, we now require a scientific knowledge beyond the plain understanding of the nature and society. The scientific knowledge is qualified of some elements, i.e., evidence-based, universal frame to be applied, sense of understanding, pragmatic in comprehension or application, more persuasion on theory, paradigm, typologies, intersubjectivity, empirical relevance and so. It informs a philosophy of humans, makes them conscientious and knowledgeable, as well as enhances a professional performance for not only their field but also other disciplines. For example, the criminal justice system borrows the idea or information confirmed by other disciplines, psychology and sociology notably. What is the Durham rule in the excuse of culpability? The scope of rule could not enjoy a persuasion if not to be supported by the works of psychologists. The scientific knowledge perhaps could recourse its most salient dynamism in coupling with an economic exploitation. A cultivation of knowledge to serve the economic use and its industrialization reveals it’s competitive edge in the society. The kind of concepts, information age, e-technology, and intellectual property rights are leading the present time of narrative as we see routinely. Many new laws, and new concept of e-education or e-government, GMO products as well as the travel of universe in the near future also follow that the updated profile of scientific knowledge on the engineering and natural science contributed to expand our horizon of subsistence. With this crucial importance, the author attempts to file some thoughts on the research and society. (shrink)

A number of controversial topics related to bioethics and biotechnology 17 papers that deal with various aspects of release and development of genetically modified organisms (GMOs), stem cells and cloning, privacy and bio-banking.

Over the last two decades, there was an upsurge of research and innovation in biotechnology and related fields, leading to exciting new discoveries in areas such as the engineering of biological processes, gene editing, stem cell research, CRISPR-Cas9 technology, Synthetic Biology, recombinant DNA, LMOs and GMOs, to mention only a few. At the same time, these advances generated concerns about biosafety, biosecurity and adverse impacts on biodiversity and the environment, leading to the establishment of Research Ethics Committees (RECs) at (...) Higher Education and Research Institutions dedicated to reviewing research with implications for biosafety and the environment. -/- These Biosafety and Environment Research Ethics Committees, referred to as EBRECs, are in the early stages of their establishment and formalisation, and there is much uncertainty about their composition, scope, procedures of decision-making and the principles that should guide their deliberations and assessments. In many respects, EBRECs are venturing into uncharted territory, facing a very wide range of complex research fields, far-reaching research practices and deep concerns new to Review Boards, raising the question to what extent EBRECs can fall back on the fairly well-established principles and procedures of RECs focusing on Human, Health or Animal research, and to what extent they need new or adapted principles and procedures. -/- Against this background, I set out to answer the following three main research questions in this thesis: 1. What is the current state of ethical principles for ethics reviews in the field of environmental and biosafety research ethics? Which principles are currently used in this context, and how? 2. What are the shortcomings of the current principles used by EBRECs and how can they be overcome? 3. What ethical principles must be adopted by environmental and biosafety research ethics committees and guide them in their decision-making? -/- In order to prepare the ground and set the scene for my discussion of these questions, I also formulated four supporting research questions: i. What is environmental research ethics in action? ii. What is biosafety research ethics in action? iii. How are environmental and biosafety ethics related to one another? iv. How should the guidelines and ethical principles related to these two overlapping fields be implemented in the ethics review process? Following my introduction and problem statement in Chapter 1, I devoted Chapters 2 and 3 to an overview of my supporting questions to set the scene for Environmental and Biosafety Research Ethics. In Chapter 4, I turned to my main research question with a discussion of national and international declarations, frameworks and legislation and an investigation of principles in the different research areas to get a picture of applicable principles that can guide EBRECs. -/- The main finding of my thesis is that due to the complexity of EBR, different categories of principles could be the solution for EBRECs. I elaborate on this in Chapter 5, my concluding chapter, in which I also propose a list of core principles that can serve as an accessible and easy-to-use guide for EBRECs in their decision-making. In this proposal, I cluster different kinds of principles in terms of four categories: 1. Principles as a Moral Concept 2. Principles as a Social Concept 3. Principles as a Legal Concept 4. Principles as a Safety Concept . (shrink)

What is the research for in the society? We may imagine the professionals engaged in these activities, shall we say, university professors, researchers in the public and private institutions, and even the lay inventors at home or in the neighborhood. The research is related with some of knowledge or ideas, which, however, should be creative and original. It is the main function of those professionals, and can develop in dissemination of the findings produced by research. It frontiers the knowledge of (...) humans which enables a better view of world and generates the public welfare. The scholars are often those professionals who are required or in some cases, squeezed to produce an original contribution to the specific field of academy. As the society develops, we now require a scientific knowledge beyond the plain understanding of the nature and society. The scientific knowledge is qualified of some elements, i.e., evidence-based, universal frame to be applied, sense of understanding, pragmatic in comprehension or application, more persuasion on theory, paradigm, typologies, intersubjectivity, empirical relevance and so. It informs a philosophy of humans, makes them conscientious and knowledgeable, as well as enhances a professional performance for not only their field but also other disciplines. For example, the criminal justice system borrows the idea or information confirmed by other disciplines, psychology and sociology notably. What is the Durham rule in the excuse of culpability? The scope of rule could not enjoy a persuasion if not to be supported by the works of psychologists. The scientific knowledge perhaps could recourse its most salient dynamism in coupling with an economic exploitation. A cultivation of knowledge to serve the economic use and its industrialization reveals it’s competitive edge in the society. The kind of concepts, information age, e-technology, and intellectual property rights are leading the present time of narrative as we see routinely. May new laws, and new concept of e-education or e-government, GMO products as well as the travel of universe in the near future also follow that the updated profile of scientific knowledge on the engineering and natural science contributed to expand our horizon of subsistence. (shrink)

The Report presents insights which illuminates the intertwinements of European regulatory policies and global governance arrangements. By pinning down the exact nature of the interaction between these two levels, the EU’s dilemma becomes obvious: On the one hand, stronger global governance can be a chance, through which the EU can clarify its own raison d’être of increased integration to the wider world. On the other hand, the design of the European project is being challenged by more assertive global structures. This (...) is especially the case in relation to the WTO regime, which is constraining the decisional autonomy of the EU, regarding the appropriateness of its content and its external effects. Thus, the regulation of services in the EU and the WTO are discussed in the first section of this report. Section two focuses on labour standards, which are analysed from different angles in order to clarify the functions of the WTO and the ILO, multinational companies as well as other private actors within this specific field. The final section deals with the legitimacy problematic of transnational governance. Table of contents: Introduction Christian Joerges and Poul F. Kjaer Section One: Freedom of Services Chapter 1 The Multiple Understandings of Conflict between Trade in Services and Labour Protection Alexia Herwig Chapter 2 Competing in Markets, not Rules: The Conflict over the Single Services Market Susanne K. Schmidt Chapter 3 Competitiveness and Labour Protection: A Comment Markus Krajewski Section Two: Labour Standards Chapter 4 WTO and ILO: Can Social Responsibility be maintained in International Trade? Josef Falke Chapter 5 Reframing RECON: Perspectives on Transnationalisation and Post-national Democracy from Labour Law Claire Methven O’Brien Chapter 6 Transnational Governance and Human Rights: The Obligations of Private Actors in the Global Context Regina Kreide Section Three: The Legitimacy of Transnational Governance Chapter 7 Legitimacy through Precaution in European Regulation of GMOs? From the Standpoint of Governance as Analytical Perspective Maria Weimer Chapter 8 The Justice Deficit of the EU and other International Organisations Jürgen Neyer Chapter 9 Towards Normative Legitimacy of the World Trade Order Alexia Herwig and Thorsten Hüller Chapter 10 From Utopia to Apology – The Return to Inter-state Justice in Normative IR Scholarship: Comments on Neyer and Herwig & Hüller Jens Steffek. (shrink)

Bioethische Themen im Neuen Grundgesetz von Ungarn.