Concern about the ethics of clinical drug trials research on patients and healthy volunteers has been the subject of significant ethical analysis and policy development—protocols are reviewed by Research Ethics Committees and subjects are protected by informed consent procedures. More recently attention has begun to be focused on DNA banking for clinical and pharmacogenetics research. It is, however, surprising how little attention has been paid to the commercial nature of such research, or the unique issues that present when subjects are (...) asked to consent to the storage of biological samples. Our contention is that in the context of pharmacogenetic add-on studies to clinical drug trials, the doctrine of informed consent fails to cover the broader range of social and ethical issues. Applying a sociological perspective, we foreground issues of patient/subject participation or ‘work’, the ambiguity of research subject altruism, and the divided loyalties facing many physicians conducting clinical research. By demonstrating the complexity of patient and physician involvement in clinical drug trials, we argue for more comprehensive ethical review and oversight that moves beyond reliance on informed consent to incorporate understandings of the social, political and cultural elements that underpin the diversity of ethical issues arising in the research context. (shrink)

Concern about the ethics of clinical drug trials research on patients and healthy volunteers has been the subject of significant ethical analysis and policy development—protocols are reviewed by Research Ethics Committees and subjects are protected by informed consent procedures. More recently attention has begun to be focused on DNA banking for clinical and pharmacogenetics research. It is, however, surprising how little attention has been paid to the commercial nature of such research, or the unique issues that present when subjects are (...) asked to consent to the storage of biological samples. Our contention is that in the context of pharmacogenetic add-on studies to clinical drug trials, the doctrine of informed consent fails to cover the broader range of social and ethical issues. Applying a sociological perspective, we foreground issues of patient/subject participation or ‘work’, the ambiguity of research subject altruism, and the divided loyalties facing many physicians conducting clinical research. By demonstrating the complexity of patient and physician involvement in clinical drug trials, we argue for more comprehensive ethical review and oversight that moves beyond reliance on informed consent to incorporate understandings of the social, political and cultural elements that underpin the diversity of ethical issues arising in the research context. (shrink)

Does a political conception of human rights dictate a particular view of corporate human rights obligations? The U.N. “Protect, Respect, and Remedy” Framework and Guiding Principles on Business and Human Rights hold that corporations have only a responsibility to respect human rights. Some critics have argued that corporations should be responsible for a wider range of human rights obligations, beyond merely an obligation to respect such rights. Furthermore, it has been argued that the Framework relied on a political conception of (...) human rights, and this is what led to limiting corporate obligations to mere respect for human rights. In this paper, I explore and critically assess this general claim about political conceptions of human rights. This involves distinguishing different types of political conceptions of human rights, as well as specifying what makes a theory of human rights a “political conception.” In light of this clarificatory discussion, I argue that the general thesis is false; the mere fact that a theory offers a political conception of human rights does not necessarily entail any certain range of corporate human rights obligations. Finally, I identify some of the other aspects of a theory of human rights that do affect the range of corporate obligations it will prescribe. (shrink)

In recent decades, environmental rights have been increasingly developed at both the national and international level, along with increased adjudication of these rights in both national (constitutional) courts and international human rights courts. These parallel trends raise a question as to whether it is better to develop and adjudicate environmental rights at the national or international level. This article considers the case made by James May and Erin Daly in favor of developing environmental rights at the national constitutional level and (...) adjudicating these rights in domestic courts. I consider the limitations of this case by showing that international environmental human rights can play a role that systematically benefits environmental protection, with adjudication in international human rights courts a key part of that process. This involves drawing on an argument offered by Allen Buchanan to justify a system of international legal human rights, which appeals to a number of benefits that such a system can provide. The argument is developed and applied to adjudication of environmental human rights in international human rights courts. First, it is shown how these benefits are realized in the area of environmental human rights. Second, it is shown how adjudication can enhance these benefits, both by providing a mechanism for their realization and by facilitating a mutually supportive relationship among them. On the basis of these enhanced benefits and the value that they add, it is concluded that there is strong justification for developing and adjudicating environmental human rights at the international level. (shrink)

According to James Griffin human rights should be grounded in an account of human dignity, based on “normative agency” – the human capacity to choose and pursue a conception of a worthwhile life. In this paper we take up Griffin’s insight that key legitimate human rights are designed to respect and protect this basic capacity, but reject his assumption that normative agency should always and everywhere be understood in a Western way. We argue that “normative agency” is an indeterminate concept (...) that can be differently understood in different cultural contexts and that thinking about human rights in East Asia should be guided by a Griffin-style approach coupled with an account of normative agency with East Asian characteristics. In developing this idea, we contrast our account with recent, moralized conceptions of Confucian dignity and respond to Griffin’s tacit worries about how to concretely implement views like ours in institutional practice. (shrink)

In this paper I describe a novel application of contemplative techniques to software engineering with the goal of augmenting the intellectual capabilities of knowledge workers within the field in four areas: flexibility, attention, creativity, and trust. The augmentation of software engineers’ intellectual capabilities is proposed as a third complement to the traditional focus of methodologies on the process and environmental factors of the software development endeavor. I argue that these capabilities have been shown to be open to improvement through the (...) practices traditionally used in spiritual traditions, but now used increasingly in other fields of knowledge work, such as in the medical profession and the education field. Historically, the intellectual capabilities of software engineers have been treated as a given within any particular software development effort. This is argued to be an aspect ripe for inclusion within software development methodologies. (shrink)