It is often assumed that there is a necessary relationship between historical value and irreplaceability, and that this is an essential feature of historical value’s distinctive character. Contrary to this assumption, I argue that it is a merely contingent fact that some historically valuable things are irreplaceable, and that irreplaceability is not a distinctive feature of historical value at all. Rather, historically significant objects, from heirlooms to artifacts, offer us an otherwise impossible connection with the past, a value that persists (...) even in the face of suitable replacements. (shrink)

Philosophers have used the terms 'impersonal' and 'personal value' to refer to, among others things, whether something's value is universal or particular to an individual. In this paper, I propose an account of impersonal value that, I argue, better captures the intuitive distinction than potential alternatives, while providing conceptual resources for moving beyond the traditional stark dichotomy. I illustrate the practical importance of my theoretical account with reference to debate over the evaluative scope of cultural heritage.

Is there something morally wrong with cultural appropriation in the arts? I argue that the little philosophical work on this topic has been overly dismissive of moral objections to cultural appropriation. Nevertheless, I argue that philosophers working on epistemic injustice have developed powerful conceptual tools that can aid in our understanding of objections that have been levied by other scholars and artists. I then consider the relationship between these objections and the harms of cultural essentialism. I argue that focusing on (...) the systematic nature of appropriative harms may allow us to sidestep the problem of essentialism, but not without cost. (shrink)

This chapter offers an overview of issues posed by the problem of immoral artists, artists who in word or deed violate commonly held moral principles. I briefly consider the question of whether the immorality of an artist can render their work aesthetically worse (making connections to chapters in the Theory section of the handbook), and then turn to questions about what the audience should do and feel in response to knowledge of these moral failings. I discuss questions such as whether (...) audiences have reason not to purchase or consume work by these artists, whether their shows and exhibitions should be canceled, and how fans might grapple with the emotional turmoil they feel when artists whom they love act or speak in ways that are morally condemnable. (shrink)

In this paper, I present an outline of the oppression account of cultural appropriation and argue that it offers the best explanation for the wrongfulness of the varied and complex cases of appropriation to which people often object. I then compare the oppression account with the intimacy account defended by C. Thi Nguyen and Matt Strohl. Though I believe that Nguyen and Strohl’s account offers important insight into an essential dimension of the cultural appropriation debate, I argue that justified objections (...) to cultural appropriation must ultimately be grounded in considerations of oppression as opposed to group intimacy. I present three primary objections to the intimacy account. First, I suggest that in its effort to explain expressive appropriation claims (those that purportedly lack an independent ground), the intimacy account doubles down on the boundary problem. Second, I question whether group intimacy possess the kind of bare normativity that Nguyen and Strohl claim for it. Finally, I argue that these objections give us reason to accept the importance of group intimacy to the cultural appropriation debate, but question the source of its significance as identified by Nguyen and Strohl. (shrink)

It is widely accepted among medical ethicists that competence is a necessary condition for informed consent. In this view, if a patient is incompetent to make a particular treatment decision, the decision must be based on an advance directive or made by a substitute decision-maker on behalf of the patient. We call this the competence model. According to a recent report of the United Nations (UN) High Commissioner for Human Rights, article 12 of the UN Convention on the Rights of (...) Persons with Disabilities (CRPD) presents a wholesale rejection of the competence model. The High Commissioner here adopts the interpretation of article 12 proposed by the Committee on the Rights of Persons with Disabilities. On this interpretation, CRPD article 12 renders it impermissible to deny persons with mental disabilities the right to make treatment decisions on the basis of impaired decision-making capacity and demands the replacement of all regimes of substitute decision-making by supported decision-making. In this paper, we explicate six adverse consequences of CRPD article 12 for persons with mental disabilities and propose an alternative way forward. The proposed model combines the strengths of the competence model and supported decision-making. (shrink)

This article draws together research from various sub-disciplines of philosophy to offer an overview of recent philosophical work on the ethics of historic preservation. I discuss how philosophers writing about art, culture, and the environment have appealed to historical significance in crafting arguments about the preservation of objects, practices, and places. By demonstrating how it relates to core themes in moral and political philosophy, I argue that historic preservation is essentially concerned with ethical issues.

‘Heritage’ is a concept that often carries significant normative weight in moral and political argument. In this article, I present and critique a prevalent conception according to which heritage must have a positive valence. I argue that this view of heritage leads to two moral problems: Disowning Injustice and Embracing Injustice. In response, I argue for an alternative conception of heritage that promises superior moral and political consequences. In particular, this alternative jettisons the traditional focus on heritage as a primarily (...) positive relationship to the past, and thus offers resources for coming to terms with histories of injustice. (shrink)

Consider two commonly cited requirements of love. The first is that we should love people for who they are. The second is that loving people should involve concern for their well-being. But what happens when an aspect of someone’s identity conflicts with her well-being? In examining this question, I develop an account of loving someone in spite of something. Although there are cases where loving in spite of is merited, I argue that we generally do wrong to love people in (...) spite of who they are, even where it appears that some aspect of their identity is in tension with their well-being. (shrink)

In this paper, I demonstrate that Kant's commitment to an asymmetry between the control conditions for praise and blame is explained by his endorsement of the principle Ought Implies Can (OIC). I argue that Kant accepts only a relatively weak version of OIC and that he is hence committed only to a relatively weak requirement of alternate possibilities for moral blame. This suggests that whether we are transcendentally free is irrelevant to questions about moral permissibility and moral blameworthiness.

In this paper, I argue that norms of artistic and aesthetic authenticity that prioritize material origins foreclose on broader opportunities for aesthetic experience: particularly, for the aesthetic experience of history. I focus on Carolyn Korsmeyer’s recent articles in defense of the aesthetic value of genuineness and argue that her rejection of the aesthetic significance of historical value is mistaken. Rather, I argue that recognizing the aesthetic significance of historical value points the way towards rethinking the dominance of the very norms (...) of authenticity that Korsmeyer endeavors to defend and explain. (shrink)

Museums are home to millions of artworks and cultural artifacts, some of which have made their way to these institutions through unjust means. Some argue that these objects should be repatriated (i.e. returned to their country or culture of origin). However, these arguments face a series of philosophical challenges. In particular, repatriation, even if justified, is often portrayed as contrary to the aims and values of museums. However, in this paper, I argue that some of the very considerations museums appeal (...) to in order to oppose repatriation claims can be turned on their heads and marshaled in favor of the practice. In addition to defending against objections to repatriation, this argument yields the surprising conclusion that the redistribution of cultural goods should be much more radical than is typically supposed. (shrink)

Portraits are defined in part by their aim to reveal and represent the inner ‘character’ of a person. Because landscapes are typically viewed as lacking such an ‘inner life,’ one might assume that landscapes cannot be the subject of portraiture. However, the notion of landscape character plays an important role in landscape aesthetics and preservation. In this essay, I argue that landscape artworks can thus share in portraiture’s goal of capturing character, and in doing so present us with essential tools (...) for revealing the often ineffable character of place. I explain the implications of this view for debates about scientific cognitivism in environmental aesthetics, representing the narrative dimension of landscape character and integrity, and appeals to the character of place in historic and environmental preservation. (shrink)

In discussion surrounding the destruction of cultural heritage in armed conflict, one often hears two important claims in support of intervention to safeguard heritage. The first is that the protection of people and the protection of heritage are two sides of the same coin. The second is that the cultural heritage of any people is part of the common heritage of all humankind. In this article, I examine both of these claims, and consider the extent to which they align with (...) the current practices that they are intended to justify. (shrink)

The fourth amendment to the German Medicinal Products Act (Arzneimittelgesetz) states that nontherapeutic research in incompetent populations is permissible under the condition that potential research participants expressly declare their wish to participate in scientific research in an advance research directive. This article explores the implementation of advance research directives in Germany against the background of the international legal and ethical framework for biomedical research. In particular, it addresses a practical problem that arises from the disclosure requirement for advance research directives. (...) We show that, if the disclosure standard for advance research directives is set at a token level, nontherapeutic research in incompetent populations becomes practically impossible. To resolve this issue, we suggest the disclosure standard be set at a type level. (shrink)

We offer an overview of both the empirical literature on food waste and philosophical work on the concept of waste. We use this background to argue that an overemphasis on the reduction of individual food waste is misleading at best, and pernicious at worst, in combatting the substantial problems that global food waste creates. Rather, we argue that civic engagement and political activism aimed at institutional reform will be essential in addressing these problems.

In her paper "(White) Tyranny and the Democratic Value of Distrust," Meena Krishnamurthy argues that distrust has a political value that has often been overlooked by democratic theorists. She pursues this argument by developing an account of distrust from Martin Luther King Jr. and exploring the role that King's distrust played in the Black Civil Rights Movement. In this discussion note, I argue that an alternative account of distrust from recent work by Katherine Hawley can better capture distrust 's democratic (...) value, and moreover might reveal how that value is noninstrumental, in contrast with the contingent and instrumental value granted to distrust on Krishnamurthy's account. (shrink)

Art is saturated with cultural significance. Considering the full spectrum of ways in which art is colored by cultural associations raises a variety of difficult and fascinating philosophical questions. This curriculum guide focuses in particular on questions that arise when we consider art as a form of cultural heritage. Organized into four modules, readings explore core questions about art and ethics, aesthetic value, museum practice, and art practice. They are designed to be suitable for use in an introduction to philosophy (...) of art, as well as in more topically focused courses, particularly on topics concerning the ethics and politics of art. (shrink)

We now have good reason to worry that many coastal cities will be flooded by the end of the century. How should we confront this possibility (or inevitability)? What attitudes should we adopt to impending inundation of such magnitude? In the case of place-loss due to anthropogenic climate change, I argue that there may ultimately be something fitting about letting go, both thinking prospectively, when the likelihood of preservation is bleak, and retrospectively, when we reflect on our inability to prevent (...) destruction. I then explore some of the ethical complications of this response. (shrink)

Often, when one faces a choice between alternative actions, there are reasons both for and against each alternative. On one way of understanding these words, what one “ought to do all things considered (ATC)” is determined by the totality of these reasons. So, these reasons can somehow be “combined” or “aggregated” to yield an ATC verdict on these alternatives. First, various assumptions about this sort of aggregation of reasons are articulated. Then it is shown that these assumptions allow for the (...) proof of a “Reasons Aggregation Theorem” – parallel to John Harsanyi’s 1955 “Social Aggregation Theorem”. All reasons for action are grounded in reason-providing values; and, for every such reason-providing value, there is in principle a way of measuring how strongly this value counts against each alternative. The theorem tells us that the appropriate measure of how much reason ATC there is against each alternative is simply a weighted sum of the strengths with which these values count against that alternative; the agent ought not ATC to perform an action iff there is ATC more reason against it than against some available alternative. (shrink)

This is a book about normativity -- where the central normative terms are words like 'ought' and 'should' and their equivalents in other languages. It has three parts: The first part is about the semantics of normative discourse: what it means to talk about what ought to be the case. The second part is about the metaphysics of normative properties and relations: what is the nature of those properties and relations whose pattern of instantiation makes propositions about what ought to (...) be the case true. The third part is about the epistemology of normative beliefs: how we could ever know, or even have rational or justified belief in, propositions about what ought to be the case. (shrink)

Here is a definition of knowledge: for you to know a proposition p is for you to have an outright belief in p that is correct precisely because it manifests the virtue of rationality. This definition resembles Ernest Sosa’s “virtue theory”, except that on this definition, the only virtue that must be manifested in all instances of knowledge is rationality, and no reductive account of rationality is attempted—rationality is assumed to be an irreducibly normative notion. This definition is compatible with (...) “internalism” about rationality, and with a form of “pragmatic encroachment” on the conditions of rational outright belief. An interpretation is given of this definition, and especially of the sense of ’because’ that it involves. On this interpretation, this definition entails that both safety and adherence are necessary conditions on knowledge; it supports a kind of contextualism about terms like ‘knowledge’; and it provides resources to defend safety, adherence, and contextualism, against some recent objections. (shrink)

We defend a functionalist approach to emotion that begins by focusing on emotions as central states with causal connections to behavior and to other cognitive states. The approach brackets the conscious experience of emotion, lists plausible features that emotions exhibit, and argues that alternative schemes are unpromising candidates. We conclude with the benefits of our approach: one can study emotions in animals; one can look in the brain for the implementation of specific features; and one ends up with an architecture (...) of the mind in which emotions are fully accommodated through their relations to the rest of cognition. Our article focuses on arguing for this general approach; as such, it is an essay in the philosophy of emotion rather than in the psychology or neuroscience of emotion. (shrink)

What is the connection between justification and the kind of consequence relations that are studied by logic? In this essay, I shall try to provide an answer, by proposing a general conception of the kind of inference that counts as justified or rational.

According to epistemological internalism, the rationality of a belief supervenes purely on "internal facts" about the thinker's mind. But what are "internal facts"? Why does the rationality of a belief supervene on them? The standard answers are unacceptable. This paper proposes new answers. "Internal facts" are facts about the thinker's nonfactive mental states. The rationality of a belief supervenes on such internal facts because we need rules of belief revision that we can follow directly, not by means of following any (...) other rules, and the proximate explanation of any belief revision always consists of such internal facts. (shrink)

Sometimes, we think of belief as a phenomenon that comes in degrees – that is, in the many different levels of confidence that a thinker might have in various different propositions. Sometimes, we think of belief as a simple two-place relation that holds between a thinker and a proposition – that is, as what I shall here call "outright belief".

According to a widely held view of the matter, whenever we assess beliefs as ‘rational’ or ‘justified’, we are making normative judgements about those beliefs. In this discussion, I shall simply assume, for the sake of argument, that this view is correct. My goal here is to explore a particular approach to understanding the basic principles that explain which of these normative judgements are true. Specifically, this approach is based on the assumption that all such normative principles are grounded in (...) facts about values, and the normative principles that apply to beliefs in particular are grounded in facts about alethic value––a kind of value that is exemplified by believing what is true and not believing what is false. In this chapter, I shall explain what I regard as the best way of interpreting this approach. In doing so, I shall also show how this interpretation can solve some problems that have recently been raised for approaches of this kind by Selim Berker, Jennifer Carr, Michael Caie, and Hilary Greaves. (shrink)

Suppose that it is rational to choose or intend a course of action if and only if the course of action maximizes some sort of expectation of some sort of value. What sort of value should this definition appeal to? According to an influential neo-Humean view, the answer is “Utility”, where utility is defined as a measure of subjective preference. According to a rival neo-Aristotelian view, the answer is “Choiceworthiness”, where choiceworthiness is an irreducibly normative notion of a course of (...) action that is good in a certain way. The neo-Humean view requires preferences to be measurable by means of a utility function. Various interpretations of what exactly a “preference” is are explored, to see if there is any interpretation that supports the claim that a rational agent’s “preferences” must satisfy the “axioms” that are necessary for them to be measurable in this way. It is argued that the only interpretation that supports the idea that the rational agent’s preferences must meet these axioms interprets “preferences” as a kind of value-judgment. But this turns out to be version of the neo-Aristotelian view, rather than the neo-Humean view. Rational intentions maximize expected choiceworthiness, not expected utility. (shrink)

Our approach to emotion emphasized three key ingredients. We do not yet have a mature science of emotion, or even a consensus view—in this respect we are more hesitant than Sander, Grandjean, and Scherer or Luiz Pessoa. Relatedly, a science of emotion needs to be highly interdisciplinary, including ecology, psychology, neuroscience, and philosophy. We recommend a functionalist view that brackets conscious experiences and that essentially treats emotions as latent variables inferred from a number of measures. But our version of functionalism (...) is not definitional or ontological. It is resolutely methodological, in good part because it is too early to attempt definitions. (shrink)

According to John Broome, akrasia consists in a failure to intend to do something that one believes one ought to do, and such akrasia is necessarily irrational. In fact, however, failing to intend something that one believes one ought to do is only guaranteed to be irrational if one is certain of a maximally detailed proposition about what one ought to do; if one is uncertain about any part of the full story about what one ought to do, it could (...) be perfectly rational not to intend to do something that one believes one ought to do. This paper seeks to remedy this problem, by proposing an anti-akrasia principle that covers cases of uncertainty (as well as cases of such complete certainty). It is argued that this principle is in effect the fundamental principle of practical rationality. (shrink)

Many philosophers working on the branches of philosophy that deal with the normative questions have adopted a " Reasons First" program. This paper criticizes the foundational assumptions of this program. In fact, there are many different concepts that can be expressed by the term 'reason' in English, none of which are any more fundamental than any others. Indeed, most of these concepts are not particularly fundamental in any interesting sense.

An account of Plato’s theory of knowledge is offered. Plato is in a sense a contextualist: at least, he recognizes that his own use of the word for “knowledge” varies – in some contexts, it stands for the fullest possible level of understanding of a truth, while in other contexts, it is broader and includes less complete levels of understanding as well. But for Plato, all knowledge, properly speaking, is a priori knowledge of necessary truths – based on recollection of (...) aspects of the Forms – and so in contemporary terms, it meets the conditions of “safety” and “adherence” (or “indefeasibility”) to the highest degree. This account is defended on the basis of the text of Meno, Phaedo, and the Republic, against some objections – especially objections that are due to Gail Fine. (shrink)

This chapter is concerned with the distinction that most contemporary epistemologists express by distinguishing between “propositional” and “doxastic” justification. The goal is to develop an account of this distinction that applies, not just to full or outright beliefs, but also to partial credences—and indeed, in principle, to attitudes of all kinds. The standard way of explaining this distinction, in terms of the “basing relation”, is criticized, and an alternative account—the “virtue manifestation” account—is proposed in its place. This account has a (...) certain kinship with the epistemological approach that is known as “reliabilism”, but it also has certain key differences—above all, it is compatible with an internalist view of rationality. (shrink)

What reasons for action do we have? What explains why we have these reasons? This paper articulates some of the basic structural features of a theory that would provide answers to these questions. According to this theory, reasons for action are all grounded in intrinsic values, but in a way that makes room for a thoroughly non-consequentialist view of the way in which intrinsic values generate reasons for aaction.

This paper defends the institution of civil marriage against the objection that it is inconsistent with political liberalism, and so should be either totally abolished or else transformed virtually beyond recognition.

We attribute three major insights to Hegel: first, an understanding of the real numbers as the paradigmatic kind of number ; second, a recognition that a quantitative relation has three elements, which is embedded in his conception of measure; and third, a recognition of the phenomenon of divergence of measures such as in second-order or continuous phase transitions in which correlation length diverges. For ease of exposition, we will refer to these three insights as the R First Theory, Tripartite Relations, (...) and Divergence of Measures. Given the constraints of space, we emphasize the first and the third in this paper. (shrink)

Phenomenology and physiology become commensurable through a self-organizational physiology and an "enactive" view of consciousness. Self-organizing processes appropriate and replace their own needed substrata, rather than merely being caused by interacting components. Biochemists apply this notion to the living/nonliving distinction. An enactive approach sees consciousness as actively executed by an agent rather than passively reacting to stimuli. Perception does not result from mere stimulation of brain areas by sensory impulses; unless motivated organismic purposes first anticipate and "look for" emotionally relevant.stimuli, (...) brain-sensory processing is not accompanied by perceptual consciousness. To see a soccer ball requires looking for it in the right place. The sell-organizing, emotionally motivated agent instigates this looking-for activity. (shrink)

Enactivism has the potential to provide a sense of teleology in purpose-directed action, but without violating the principles of efficient causation. Action can be distinguished from mere reaction by virtue of the fact that some systems are self-organizing. Self-organization in the brain is reflected in neural plasticity, and also in the primacy of motivational processes that initiate the release of neurotransmitters necessary for mental and conscious functions, and which guide selective attention processes. But in order to flesh out the enactivist (...) approach in a way that is plausible and not merely an epiphenomenon, it is necessary to confront the problem of causal closure in a serious way. Atoms and molecules in the brain do not violate the normal causal principles that govern them in other contexts. The theory of self-organizing dynamical systems must be developed in a way that is compatible with causal closure rather than contradicting it. (shrink)

Proportional relationships of simple numbers were commonly used in architecture during the Renaissance period. These proportional relationships were based on the primary musical consonances of the Greek musical system: the octave (2:1), fifth (3:2), and fourth (4:3). In a similar manner, Obrecht uses the proportional relationships created by periods of rest and the last notes of the cantus firmus segments. These proportional relationships are found in the same voice as the cantus firmus, and appear when the statements of the cantus (...) firmus segments are absent. Together with the statements of the cantus firmus segments, these proportional relationships provide the entire form and structure for the various parts of Obrecht's segmentation masses. (shrink)

Psychiatric and neurological disorders have historically provided key insights into the structure-function rela- tionships that subserve human social cognition and behavior, informing the concept of the ‘social brain’. In this review, we take stock of the current status of this concept, retaining a focus on disorders that impact social behavior. We discuss how the social brain, social cognition, and social behavior are interdependent, and emphasize the important role of development and com- pensation. We suggest that the social brain, and its (...) dysfunction and recovery, must be understood not in terms of specific structures, but rather in terms of their interaction in large-scale networks. (shrink)

Consciousness and emotion feature prominently in our personal lives, yet remain enigmatic. Recent advances prompt further distinctions that should provide more experimental traction: we argue that emotion consists of an emotion state (functional aspects, including emo- tional response) as well as feelings (the conscious experience of the emotion), and that consciousness consists of level (e.g. coma, vegetative state and wake- fulness) and content (what it is we are conscious of). Not only is consciousness important to aspects of emotion but structures (...) that are important for emotion, such as brainstem nuclei and midline cortices, overlap with structures that regulate the level of consciousness. The intersection of consciousness and emotion is ripe for experimental investigation, and we outline possible examples for future studies. (shrink)

It is fair to say that Georg Wilhelm Friedrich Hegel's philosophy of mathematics and his interpretation of the calculus in particular have not been popular topics of conversation since the early part of the twentieth century. Changes in mathematics in the late nineteenth century, the new set-theoretical approach to understanding its foundations, and the rise of a sympathetic philosophical logic have all conspired to give prior philosophies of mathematics (including Hegel's) the untimely appearance of naïveté. The common view was expressed (...) by Bertrand Russell: -/- The great [mathematicians] of the seventeenth and eighteenth centuries were so much impressed by the results of their new methods that they did not trouble to examine their foundations. Although their arguments were fallacious, a special Providence saw to it that their conclusions were more or less true. Hegel fastened upon the obscurities in the foundations of mathematics, turned them into dialectical contradictions, and resolved them by nonsensical syntheses. . . .The resulting puzzles [of mathematics] were all cleared up during the nineteenth century, not by heroic philosophical doctrines such as that of Kant or that of Hegel, but by patient attention to detail (1956, 368–69). (shrink)

The psychological and neurobiological processes underlying moral judgement have been the focus of many recent empirical studies1–11. Of central interest is whether emotions play a causal role in moral judgement, and, in parallel, how emotion-related areas of the brain contribute to moral judgement. Here we show that six patients with focal bilateral damage to the ventromedial prefrontal cortex (VMPC), a brain region necessary for the normal generation of emotions and, in particular, social emotions12–14, produce an abnor- mally ‘utilitarian’ pattern of (...) judgements on moral dilemmas that pit compelling considerations of aggregate welfare against highly emotionally aversive behaviours (for example, having to sacrifice one person’s life to save a number of other lives)7,8. In contrast, the VMPC patients’ judgements were normal in other classes of moral dilemmas. These findings indicate that, for a selective set of moral dilemmas, the VMPC is critical for normal judgements of right and wrong. The findings support a necessary role for emotion in the generation of those judgements. (shrink)

Job burnout, organizational commitment, and work environment continue to be important areas of research to be studied in the realm of company employment and employee retention. Job burnout is the state of physical and emotional exhaustion and perceiving one’s profession as dull or overwhelming. Meanwhile, organizational commitment refers to the company’s attitude towards the organization and their employees, encompassing loyalty, moral responsibility, and their willingness to work. And lastly, work environment provides opportunities for employees to establish connections, develop skills, and (...) maximize their full potential in performing tasks. For the current study, researchers utilized descriptive-correlational research design to investigate the influence of Work Environment towards the job burnout and organizational commitment of BPO agents in selected companies in Bulacan, Philippines. Hence, Danish Psychosocial Work Environment Questionnaire (DPQ), Maslach Burnout Inventory - General Survey (MBI-GS), and the Three-Dimensional Model of Organizational Commitment Scale (ACS, NCS, CCS) were employed to properly assess the study's objectives. Multiple Linear Regression Analysis was performed to analyze the collected data. Based on the analysis, findings show that work environment has no significant influence on the job burnout and organizational commitment of BPO Agents. Furthermore, the results of this study were thoroughly evaluated, leading to an in-depth discussion. Based on the findings, recommendations were made to benefit the stakeholders of the study and contributeto the existing body of knowledge. (shrink)

Nanotechnology, as with many technologies before it, places a strain on existing legislation and poses a challenge to all administrative agencies tasked with regulating technology-based products. It is easy to see how statutory schemes become outdated, as our ability to understand and affect the world progresses. In this article, we address the regulatory problems that nanotechnology posses for the Food and Drug Administration’s (FDA) classification structure for ‘‘drugs’’ and ‘‘devices.’’ The last major modification to these terms was in 1976, with (...) the enactment of the Medical Device Amendments. There are serious practical differences for a classification as a drug or device in terms of time to market and research. Drugs are classified, primarily, as acting by ‘‘chemical action.’’ We lay out some legal, philosophic, and scientific tools that serve to provide a useful, as well as legally and scientifically faithful, distinction between drugs and devices for the purpose of regulatory classification. These issues we raise are worth the consideration of anyone who is interested in the regulation of nano-products or other novel technologies. (shrink)