How heavily should ethical considerations weigh in allowing or disallowing genetic patents? The concept of 'ordre public' can be useful in offsetting a simple utilitarian view.

This paper examines the claims that moral objections to the patenting of human genes are misplaced and rest on confusions about what a patent is, or what is patented by a human gene patent. It shows that theese objections rest on too simple a conception of property rights, and the connections betwteen familiar moral objections to private property and moral objections to the patenting of human genes. Above all, the paper claims, objections to HGPs often reflect worries about the lack (...) of democratic oversight, accountability and participation involved in grants of intellectual property. The paper claims that we should take these worries seriously, whether or not we think HGPs immoral. (shrink)

The International Bill of Rights enshrines a right to health, which includes a right to access essential medicines. This right frequently appears to conflict with the intellectual property regime that governs pharmaceutical patents. However, there is also a human right that protects creative works, including scientific productions. Does this right support intellectual property protections, even when they may negatively affect health? -/- This article examines the recent attempt by the Committee on Economic, Social and Cultural Rights to resolve this (...) issue and argues that it fails. This is problematic because it means defenders of the present patent regime can continue using human rights documents to support their position. I offer a new framework for resolving the problem by examining the values that underlie human rights. (shrink)

Social contract is one of the most common schemes for justifying patents. According to this theory, inventors obtain a commercial exclusivity in exchange for the disclosure of the invention, with the final aim of allowing others to use that knowledge in future innovations. Under the rationale of this social contract theory of patents, if a patent system is not guided by impartiality in its decisions, the relation between disclosure of inventions and future innovation becomes an issue, because non-merit (...) factors in patent examination influence the quality of the knowledge disclosed. The aim of this article is to analyse impartiality in patent systems and, by doing so, defend that there is an epistemic side on both impartiality and social contract theory. (shrink)

Software patents are commonly criticised for being fuzzy, context-sensitive, and often granted for trivial inventions. More often than not, these shortcomings are said to be caused by the abstract nature of software - with little further analysis offered. Drawing on Plato’s Parmenides, this paper will argue (1) that the reason why software patents seem to be elusive is that patent law suggests to think about algorithms as paradigmatic examples and (2) that Plato’s distinction between two modes of predication (...) and the role of competence in his account of knowledge are helpful not only for conceptualising knowledge of algorithms, but also for understanding the limits of software patent regimes. (shrink)

As a result of the doctoral research developed by the main author (Vargas-Chaves, 2017), it was identified the evolution and perspectives of the pharmaceutical patent in the international trade system, as well as it future legal research needs in this topic, both immediate and long-term. Furthermore, a number of problems of public health were highlighted in which the patent-term-extension mechanisms have produced a lack of access to medicines.

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)

Genetically engineered (GE) insects, such as the GE OX513A Aedes aegypti mosquitoes, have been designed to suppress their wild-type populations so as to reduce the transmission of vector-borne diseases in humans. Apart from the ecological and epidemiological uncertainties associated with this approach, such biotechnological approaches may be used by individual governments or the global community of nations to avoid addressing the underlying structural, systemic causes of those infections... We discuss here key ethical questions raised by the use of GE mosquitoes, (...) with the aim of fostering discussion between the public, researchers, policy makers, healthcare organizations, and regulatory agencies at the local, national, and international levels. We affect that goal by outlining a procedural approach to decision-making about the use of the “biotechnology” that goes beyond “community engagement.” The protocol we advocate for entails informed deliberations and decision-making at the community level. It is designed to ensure that the voices of the marginalized and vulnerable groups that would be disproportionately affected by the decision are heard during the community-wide discussions. Moreover, we make the case that the values embedded in the risk assessment should be identified so that the community can make an informed decision about the use of GE insects. In addition, we advocate for the involvement of a variety of actors whose responsibility would be to ensure that the community has the opportunity to make an informed decision based on deliberations about the use of the “biotechnology.”. (shrink)

This paper argues that regulatory agencies have a responsibility to further the public interest when they determine the conditions under which new technological products may be commercialized. As a case study, this paper analyzes the US 9th Circuit Court’s ruling on the efforts of the US Environmental Protection Agency to regulate an herbicide meant for use with seed that are genetically modified to be tolerant of the chemical. Using that case, it is argued that when regulatory agencies evaluate new technological (...) products, they have an obligation to draw on data, analyses, and evaluations from a variety of credible epistemic sources, and not rely solely or even primarily on the technology developer. Otherwise, they create conditions for their own domination and that of the polity by the technology developer. Moreover, in the interest of advancing the public interest, regulatory agencies must evaluate new technologies in a substantively and procedurally unbiased manner. (shrink)

With the passage and implementation of the “first-to-file” provisions of the America Invents Act of 2011, the U.S. patent system must rely more than ever before on patent documents for its own ontological commitments concerning the existence of claimed kinds of useful objects and processes. This Article provides a comprehensive description of the previously unrecognized function of the patent document in incurring and securing warrants to these ontological commitments, and the respective roles of legal doctrines and practices in the patent (...) system’s ontological project. Among other contributions, the resulting metaphysical account serves to reconcile competing interpretations of the written description requirement that have emerged from the Federal Circuit’s recent jurisprudence, and to explain why the patent system is willing and able to examine, grant and enforce claims reciting theoretical entities. While this Article is entirely descriptive, it concludes by identifying promising normative and prescriptive implications of this work, including the formulation of an appropriate test for the patent-eligibility of software-implemented inventions in the post-Bilski era. (shrink)

The aim of this paper is to retrace the history of genetic patents, analyzing the metaphors used in the public debate, in patent offices, and in courtrooms. I have identified three frames with corresponding metaphor clusters: the first is the industrial frame, built around the idea that DNA is a chemical; the second is the informational frame, assembled around the concept of genetic information; last is the soul frame, based on the idea that DNA is or contains the essence (...) of the individual. (shrink)

After raising some minor philosophical points about Kevin Elliott’s A Tapestry of Values (2017), I argue that we should expand on the themes raised in the book and that philosophers of science need to pay as much attention to the loom of science (i.e., the institutional structures which guide the pursuit of science) as the tapestry of science. The loom of science includes such institutional aspects as patents, funding sources, and evaluation regimes that shape how science gets pursued, and (...) that attending to these aspects will enable us to provide more robust guidance on the values that infuse the tapestry of science. (shrink)

DNA possesses a double nature: it is both an analog chemical compound and a digital carrier of information. By distinguishing these two aspects, this paper aims to reevaluate the legally and politically influential idea that the human genome forms part of the common heritage of mankind, an idea which is thought to conflict with the practice of patenting DNA. The paper explores the lines of reasoning that lead to the common heritage idea, articulates and motivates what emerges as the most (...) viable version of it, and assesses the extent to which this version conflicts with gene-patenting practices as exemplified by the U.S. regime. It concludes that the genome is best thought of as a repository of information to which humanity has a fiduciary relationship, and that on this view, the perceived conflict with gene-patenting largely dissolves. (shrink)

This article contends that the environmental release of genetically engineered (GE) animals with heritable traits that are patented will present a challenge to the efforts of nations and indigenous peoples to engage in self‐determination. The environmental release of such animals has been proposed on the grounds that they could function as public health tools or as solutions to the problem of agricultural insect pests. This article brings into focus two political‐economic‐legal problems that would arise with the environmental release of such (...) organisms. To address those challenges, it is proposed that nations considering the environmental release of GE animals must take into account the underlying circumstances and policy failures that motivate arguments for the use of the modified animals. Moreover, countries must recognize that the UN International Covenant on Civil and Political Rights and the UN International Covenant on Economic, Social and Cultural Rights place on them an obligation to ensure that GE animals with patented heritable traits are not released without the substantive consent of the nations or indigenous peoples that could be affected. (shrink)

In a gradually more interlinked world, the formation of collaborations with partners is increasingly regarded as an important driver for generating innovation. Although multidimensional proximities are important factors influencing interorganizational coinnovation performance, relevant empirical studies have not reached consistent conclusions. By focusing on organizational dyad and including intraorganizational collaboration network inefficiency as a moderating variable, we explore the effects of multidimensional proximities on interorganizational coinnovation performance. By reference to 5G patent data collected in China between 2011 and 2020, the research (...) results based on the quadratic assignment procedure (QAP) model show that geographical proximity, cognitive proximity, and institutional proximity all improve interorganizational coinnovation performance. (shrink)

The moral justification of intellectual property is often called into question when placed in the context of pharmaceutical patents and global health concerns. The theoretical accounts of both John Rawls and Robert Nozick provide an excellent ethical framework from which such questions can be clarified. While Nozick upholds an individuals right to intellectual property, based upon its conformation with Lockean notions of property and Nozicks ideas of just acquisition and transfer, Rawls emphasizes the importance of basic liberties, such as (...) an individuals right to health, superceding such secondary rights as intellectual property rights. From a policy perspective, patent protection for pharmaceutical products necessarily entails the balancing of corporate intellectual property interests and public interests in healthcare. The moral dilemma that occurs when these two interests clash is not easily resolved. Aside from corporate and public interests, the state maintains an interest in creating and preserving policies that regulate the moral dilemma itself. This paper analyzes the economic and ethical factors surrounding the production and distribution of the anti-HIV medication, AZT. Potential policy implications and recommendations are also discussed. (shrink)

'An alarming and illuminating book. The story of how we have allowed private corporations to patent genes, to stockpile human tissue, and in short to make profits out of what many people feel ought to be common goods is a shocking one. No one with any interest at all in medicine and society and how they interact should miss this book, and it should be required reading for every medical student,'--Philip Pullman.

This paper provides a critique of the contemporary notion of intellectual property based on the consequences of Wittgenstein's “private language argument”. The reticence commonly felt toward recent applications of patent law, e.g., sports moves, is held to expose erroneous metaphysical assumptions inherent in the spirit of current IP legislation. It is argued that the modern conception of intellectual property as a kind of natural right, stems from the mistaken internalist or Augustinian picture of language that Wittgenstein attempted to diffuse. This (...) view becomes persuasive once it is shown that a complete understanding of the argument against private language must include Wittgenstein's investigation of the role of the will in the creative process. It is argued that original thought is not born by decree of the will, but engendered by a public context of meaning and value. What marks a person as a genius is, therefore, according to Wittgenstein, not some sovereign capacity of conceptual world-making, but merely a propitious dose of intellectual courage. (shrink)

During the two last decades, speeded up by the development of the Internet, several types of commons have been opened up for intellectual resources. In this article their variety is being explored as to the kind of resources and the type of regulation involved. The open source software movement initiated the phenomenon, by creating a copyright-based commons of source code that can be labelled `dynamic': allowing both use and modification of resources. Additionally, such a commons may be either protected from (...) appropriation (by `copyleft' licensing), or unprotected. Around the year 2000, this approach was generalized by the Creative Commons initiative. In the process they added a `static' commons, in which only use of resources is allowed. This mould was applied to the sciences and the humanities in particular, and various Open Access initiatives unfolded. A final aspect of copyright-based commons is the distinction between active and passive commons: while the latter is only a site for obtaining resources, the former is also a site for production of new resources by communities of volunteers (`peer production'). Finally, several patent commons are discussed, which mainly aim at preventing patents blocking the further development of science. Throughout, attention is drawn to interrelationships between the various commons. (shrink)

Ongoing research in the fields of genetics and biotechnology hold the promise of improved diagnosis and treatment of genetic diseases, and potentially the development of individually tailored pharmaceuticals and gene therapies. Difficulty, however, arises in determining how these services are to be evaluated and integrated equitably into public health care systems such as Canada's. The current context is one of increasing fiscal restraint on the part of governments, limited financial resources being dedicated to health care, and rising costs for new (...) health care services and technologies. This has led to increasing public debate in the last few years about how to reform public health care, and whether we should prohibit, permit or perhaps even encourage private purchase of health care services. ;In Canada, some of these concerns have crystallized around the issue of gene patents and commercial genetic testing, in particular as illustrated by the case of Myriad Genetics' patented BRACAnalysis test for hereditary breast and ovarian cancer. While most Canadians who currently access genetic services do so through the public health care system, for those with the means, private purchase is becoming an option. This situation raises serious concerns---about justice in access to health care; about continued access to safe and reliable genetic testing supported by unbiased patient information; and about the broader effects of commercialization for ongoing research and the Canadian public health care system. Commercial genetic testing presents a challenge to health care professionals, policy analysts, and academics concerned with the social, ethical and policy implications of new genetic technologies. Using the Myriad case as an exemplar, tools from moral philosophy, the social sciences, and health policy and law will be brought to bear on the larger issues of how as a society we should regulate commercial research and product development, and more coherently decide which services to cover under public health insurance and which to leave to private purchase. Generally, the thesis is concerned with the question of "how best to bring capital, morality, and knowledge into a productive and ethical relationship". (shrink)

Se hace un llamado de atención a través de este capítulo de libro a los gobiernos locales y la Academia, para proponer políticas públicas donde se incluyan bases o lineamientos para la estructuración de un derecho global de acceso a los medicamentos. Para estos efectos, se importan a manera de pilares, tres planteamientos desde la óptica de la justicia global, que consideramos pueden acoplarse a esta problemática, y que aportan elementos novedosos al abordaje de los numerosos obstáculos que se suelen (...) presentar en las discusiones, especialmente en lo que respecta a la regulación del monopolio de la patente, y al tratamiento diferenciado que se les da a los ciudadanos de países desarrollados y en desarrollo. (shrink)

While philosophers hold that it is patently absurd to blame robots or hold them morally responsible [1], a series of recent empirical studies suggest that people do ascribe blame to AI systems and robots in certain contexts [2]. This is disconcerting: Blame might be shifted from the owners, users or designers of AI systems to the systems themselves, leading to the diminished accountability of the responsible human agents [3]. In this paper, we explore one of the potential underlying reasons for (...) robot blame, namely the folk's willingness to ascribe inculpating mental states or "mens rea" to robots. In a vignette-based experiment (N=513), we presented participants with a situation in which an agent knowingly runs the risk of bringing about substantial harm. We manipulated agent type (human v. group agent v. AI-driven robot) and outcome (neutral v. bad), and measured both moral judgment (wrongness of the action and blameworthiness of the agent) and mental states attributed to the agent (recklessness and the desire to inflict harm). We found that (i) judgments of wrongness and blame were relatively similar across agent types, possibly because (ii) attributions of mental states were, as suspected, similar across agent types. This raised the question - also explored in the experiment - whether people attribute knowledge and desire to robots in a merely metaphorical way (e.g., the robot "knew" rather than really knew). However, (iii), according to our data people were unwilling to downgrade to mens rea in a merely metaphorical sense when given the chance. Finally, (iv), we report a surprising and novel finding, which we call the inverse outcome effect on robot blame: People were less willing to blame artificial agents for bad outcomes than for neutral outcomes. This suggests that they are implicitly aware of the dangers of overattributing blame to robots when harm comes to pass, such as inappropriately letting the responsible human agent off the moral hook. (shrink)

Die Diversität von Nahrungspflanzen, ein Ergebnis Jahrtausende langer Zuchtbemühungen, ist in den letzten Jahrzehnten dramatisch zurückgegangen. Schätzungen zufolge machen von den über 7000 Nahrungspflanzenarten ganze 103 Sorten 90% der Nahrungsmittelproduktion aus. Dieser Verlust könnte in Zukunft gewaltige negative Auswirkungen auf die Nahrungsmittelsicherheit haben, da die Biodiversität eine zentrale Rolle bei der Absorbierung biotischer und abiotischer Stressfaktoren spielt, die auf die Pflanzen wirken. Darüber hinaus stellt der Verlust eine bedeutende Verarmung nicht nur des Pools genetischer Ressourcen dar, die zukünftigen Generationen zur (...) Verfügung stehen, sondern auch der kulturellen Diversität, indem die Nahrungsmittelvielfalt der Landesküchen eingeschränkt und sowohl Kulturlandschaften als auch Stadtgärten vereinheitlicht werden. Wegen der grundlegenden Funktion, die die Agrobiodiversität in der menschlichen Gesellschaft erfüllt, werden wir im Folgenden verschiedene Schwierigkeiten bei der Pflege der Agrobiodiversität als ein gemeinsames Erbe der Menschheit in einer stark ungleichen Welt erörtern. Zuvor jedoch möchten wir untersuchen, was Agrobiodiversität eigentlich ist und welche Funktion sie für das menschliche Wohlbefinden erfüllt. Ziel dieses Artikels ist zu zeigen, inwieweit sich verschiedene Anreizsysteme unterschiedlich auf den Erhalt von Agrobiodiversität auswirken. (shrink)

Intellectual property regimes necessarily create artificial scarcity leading to wastage, both by blocking follow-up research and hindering access to those who are only able to pay less then the actual retail price. After revising the traditional arguments to hinder access to people’s intellectual labour we will examine why we should be more open to allow free-riding of inventive efforts, especially in cases where innovators have not secured the widest access to the fruits of their research and failed to cooperate with (...) follow-up innovators. We will do so by questioning the voluntariness involved in consumption of objects of innovation, restating the positive social externalities that arise when wider access to the fruits of innovation is assured, and examining the eventual harms innovators face. (shrink)

Nietzsche’s timeliness is patent in the renewed enthusiasm with which scholars in both the continental and analytic traditions have approached his works in recent years. Along with other topics, attention has been particularly directed towards two important issues: Nietzsche’s analysis, critique, and genealogy of culture, and his stance on subjectivity. In this introductory study we shall provide a brief outline of both these topics. As will be shown, they play a pivotal role in Nietzsche’s thought, and the link that connects (...) them is stronger than one would imagine. (shrink)

In “The Zygote Argument is Invalid: Now What?” (2015), Kristin Mickelson published an objection to the Zygote Argument that she first presented in 2012 as workshop comments on a draft of Mele's "Manipulation, Moral Responsibility, and Bullet-Biting" (2013). Assuming that the phrase "determinism precludes free will" means something like determinism-related causal factors are what prevent people from acting freely when determinism is true, Mele's original Zygote Argument was invalid. At the workshop, Mickelson presented Mele with two options to address the (...) problem, a premise-preserving option and a conclusion-preserving option. That is, Mele could change the conclusion of the original argument to the negative, non-explanatory thesis entailed by its original two premises, or find a way to add premises that would support the positive, explanatory conclusion of the original argument (which, notably, is the conclusion that Pereboom supports using best-explanation reasoning in his Four-Case Argument). Mickelson used this as an opportunity to explain the key contribution that best-explanation reasoning makes to manipulation arguments -- and why the best variant of the manipulation argument might conclude that incompatibilism is FALSE. IN RESPONSE to Mickelson's objection, Mele changed the conclusion of the argument before "Manipulation, Moral Responsibility, and Bullet-Biting" went to print, choosing Mickelson's proposal to change its conclusion over the suggestion to change its premises. However, Mele failed to mention Mickelson's invalidity objection in print and that he changed the conclusion of his argument as a direct response to it; nor did Mele mention the costs that Mickelson outlined for the premise-preserving solution that he adopted or the benefits of a conclusion-preserving solution. At the same time, Mele began using the term 'incompatibilism' to pick out the negative, non-explanatory claim supported by the newly revised Zygote Argument--and also started to claim (without providing evidence) that those who use the term 'incompatibilism' to denote the explanatory claim deterministic causal factors *make it the case* that no one acts freely when determinism is true" is guilty of using the term in a nonstandard and nontraditional way that he had "never had any use for"--failing to mention that he clearly used the term in this explanatory sense in his 2005 critique of the Four-Case Argument, which is to be expected give that Derk Pereboom uses the explanatory definition (as do Kadri Vihvelin, Carolina Sartorio, and *most* other contributors to the free-will literature). In THIS reply essay, Mickelson responds to an attempt by Gabriel De Marco (FSU, advisor Alfred Mele) to defend the original Zygote Argument from Mickelson's 2012/2015 critique. Unfortunately, both of De Marco's proposed "solutions" are non-starters. The first is a non-starter because De Marco merely repeats the premise-preserving solution that Mickelson offered to Mele in 2012 and that Mele adopted in print in 2013. In other words, De Marco took credit for the premise-preserving solution to the invalidity objection that Mickelson developed (although he does *redescribe* Mickelson's solution in his own idiosyncratic jargon) and Mele had already adopted in print. De Marco's second solution is a non-starter because it is constituted by a patently invalid argument. Contrary to De Marco's proposal, it's not true that the conjunction of possibilism and incompossibilism deductively entails the positive, diagnostic claim that deterministic causal factors beyond one's control precludes (destroys, undermines, is antagonistically relevant to) free will when determinism is true. *My thanks to the editors of Philosophia for publishing this reply when PhilStudies would not. (shrink)

The new frontiers in the philosophy of intellectual property lie squarely in territories belonging to moral and political philosophy, as well as legal philosophy and philosophy of economics – or so this collection suggests. Those who wish to understand the nature and justification of intellectual property may now find themselves immersed in philosophical debates on the structure and relative merits of consequentialist and deontological moral theories, or disputes about the nature and value of privacy, or the relationship between national and (...) global justice. Conversely, the theoretical and practical problems posed by intellectual property are increasingly relevant to bioethics and philosophy and public policy, as well as to more established areas of moral and political philosophy. Perhaps this is just to say that the philosophy of intellectual property is coming into its own as a distinct field of intellectual endeavour, providing a place where legal theorists and philosophers can have the sorts of discussions - neither reducible to questions about what the law is, nor wholly divorced from contemporary legal problems - which typify debates about freedom of expression, discrimination and human rights. These are all areas in which legal and philosophical ideas influence each other at the level of method as well as of substance. My hope is that this collection of essays will appeal to those who, whatever their professional specialty or training, share an interest in the philosophy of intellectual property, and that it will build upon and advance existing interdisciplinary dialogue and research in this complex, fascinating, and important area. Authors include John Christman, Stephen Munzer, Alex Rosenberg, Geert Demunijck, Laura Biron, James Wilson . (shrink)

The principle of indifference states that in the absence of any relevant evidence, a rational agent will distribute their credence equally among all the possible outcomes under consideration. Despite its intuitive plausibility, PI famously falls prey to paradox, and so is widely rejected as a principle of ideal rationality. In this article, I present a novel rehabilitation of PI in terms of the epistemology of comparative confidence judgments. In particular, I consider two natural comparative reformulations of PI and argue that (...) while one of them prescribes the adoption of patently irrational epistemic states, the other provides a consistent formulation of PI that overcomes the most salient limitations of existing formulations. (shrink)

This paper defends the claim that mere temporal proximity always and without exception strengthens certain moral duties, including the duty to save – call this view Robust Temporalism. Although almost all other moral philosophers dismiss Robust Temporalism out of hand, I argue that it is prima facie intuitively plausible, and that it is analogous to a view about special obligations that many philosophers already accept. I also defend Robust Temporalism against several common objections, and I highlight its relevance to a (...) number of practical policy debates, including longtermism. My conclusion is that Robust Temporalism is a moral live option, that deserves to be taken much more seriously in the future. (shrink)

To most of us – believers and non-believers alike – the possibility of a perfect God co-existing with the kinds of evil that we see calls out for explanation. It is unsurprising, therefore, that the belief that God must have justifying reasons for allowing all the evil that we see has been a perennial feature of theistic thought. Recently, however, a growing number of authors have argued that the existence of a perfect God is compatible with the existence of gratuitous (...) evil. Given powerful, millenia-long sensibilities about power and love and justice, it isn’t hard to find that suggestion simply incredible. Nonetheless, in this paper I will argue that the most prominent theistic alternatives to what has seemed incredible to most of us throughout most of history are themselves patently unacceptable for the theist as well. On any of the most widely accepted accounts of how God could have justifying reasons for permitting some evils, God’s existence means that we have justifying reasons for perpetrating and allowing every evil that we see. That's hard to swallow too. If I’m right about all of this, then two competing outcomes seem to present themselves as a possible result. On the one hand, for the theist, the apparently outrageous suggestion that the existence of a perfect God is compatible with gratuitous evil no longer looks like it faces a formidable, hard-to-resist alternative. On the other hand, some like me might think that my arguments go no distance at all towards dispelling the incredibility of the gratuitous evil nouvelle vague. On this line, theism may seem now to be between the rock and the hard place: it seems hard to make sense of the existence of a perfect God whether or not He has justifying reasons for allowing all the evil that we see. (shrink)

Many philosophers argue that exclusion arguments cannot exclude non-reductionist physicalist mental properties from being causes without excluding properties that are patently causal as well. List and Stoljar (2017) recently argued that a similar response to exclusion arguments is also available to dualists, thereby challenging the predominant view that exclusion arguments undermine dualist theories of mind. In particular, List and Stoljar maintain that exclusion arguments against dualism require a premise that states that, if a property is metaphysically distinct from the sufficient (...) cause of an effect, this property cannot be a cause of that effect. I argue that this premise is indeed likely to exclude patently causal properties, but that exclusion arguments against dualism do not require this premise. The relation that enables metaphysically distinct properties to cause the same effect in the relevant way turns out to be tighter than the relation typically posited between dualist conscious properties and their underlying physical properties. It is therefore still plausible that the latter causally exclude the former and that compelling exclusion arguments against dualism can be formulated by using a weaker exclusion premise. I conclude by proposing such a formulation. (shrink)

A computational methodology called Grossone Infinity Computing introduced with the intention to allow one to work with infinities and infinitesimals numerically has been applied recently to a number of problems in numerical mathematics (optimization, numerical differentiation, numerical algorithms for solving ODEs, etc.). The possibility to use a specially developed computational device called the Infinity Computer (patented in USA and EU) for working with infinite and infinitesimal numbers numerically gives an additional advantage to this approach in comparison with traditional methodologies studying (...) infinities and infinitesimals only symbolically. The grossone methodology uses the Euclid’s Common Notion no. 5 ‘The whole is greater than the part’ and applies it to finite, infinite, and infinitesimal quantities and to finite and infinite sets and processes. It does not contradict Cantor’s and non-standard analysis views on infinity and can be considered as an applied development of their ideas. In this paper we consider infinite series and a particular attention is dedicated to divergent series with alternate signs. The Riemann series theorem states that conditionally convergent series can be rearranged in such a way that they either diverge or converge to an arbitrary real number. It is shown here that Riemann’s result is a consequence of the fact that symbol ∞ used traditionally does not allow us to express quantitatively the number of addends in the series, in other words, it just shows that the number of summands is infinite and does not allows us to count them. The usage of the grossone methodology allows us to see that (as it happens in the case where the number of addends is finite) rearrangements do not change the result for any sum with a fixed infinite number of summands. There are considered some traditional summation techniques such as Ramanujan summation producing results where to divergent series containing infinitely many positive integers negative results are assigned. It is shown that the careful counting of the number of addends in infinite series allows us to avoid this kind of results if grossone-based numerals are used. (shrink)

In this paper I challenge and adjudicate between the two positions that have come to prominence in the scientific realism debate: deployment realism and structural realism. I discuss a set of cases from the history of celestial mechanics, including some of the most important successes in the history of science. To the surprise of the deployment realist, these are novel predictive successes toward which theoretical constituents that are now seen to be patently false were genuinely deployed. Exploring the implications for (...) structural realism, I show that the need to accommodate these cases forces our notion of “structure” toward a dramatic depletion of logical content, threatening to render it explanatorily vacuous: the better structuralism fares against these historical examples, in terms of retention, the worse it fares in content and explanatory strength. I conclude by considering recent restrictions that serve to make “structure” more specific. I show however that these refinements will not suffice: the better structuralism fares in specificity and explanatory strength, the worse it fares against history. In light of these case studies, both deployment realism and structural realism are significantly threatened by the very historical challenge they were introduced to answer. (shrink)

It is sometimes claimed that conciliatory views on disagreement ultimately lead to either global or widespread scepticism. This is deemed to be a serious problem for conciliationism either because scepticism of either kind is a patently untenable stance or because it poses a serious threat to our intellectual and social lives. In this paper, I first argue that the alleged untenability of both types of scepticism is far from being obvious and should therefore be established rather than taken for granted, (...) and then that those who reject them because of the threat they pose surprisingly confuse pragmatic reasons with epistemic reasons. (shrink)

The theories of Locke, Hume and Kant dominate contemporary philosophical discourse on property rights. This is particularly true of applied ethics, where they are used to settle issues from biotech patents to managerial obligations. Within these theories, however, the usual criticisms of private property aren’t even as much as intelligible. Locke, Hume and Kant, I argue, develop claims about property on a model economy that I call “Frontier Town.” They and contemporary authors then apply these claims to capitalist economies. (...) There are two problems with this application: First, we’ll be considering the wrong kind of property: The only property in Frontier Town are means of life. Critics, however, object to property in concentrated capital because they associate only this kind of property with economic coercion and political power. Second, the two economies differ in central features, so that very different claims about empirical consequences and hence about fairness and merit will be plausible for each. This second problem, I argue, is a consequence of the first. I conclude that Frontier Town theories are more likely to distort than to illuminate property issues in capitalist economies. (shrink)

Garrath Williams claims that truly responsible people must possess a “capacity … to respond [appropriately] to normative demands” (2008:462). However, there are people whom we would normally praise for their responsibility despite the fact that they do not yet possess such a capacity (e.g. consistently well-behaved young children), and others who have such capacity but who are still patently irresponsible (e.g. some badly-behaved adults). Thus, I argue that to qualify for the accolade “a responsible person” one need not possess such (...) a capacity, but only to be earnestly willing to do the right thing and to have a history that testifies to this willingness. Although we may have good reasons to prefer to have such a capacity ourselves, and to associate ourselves with others who have it, at a conceptual level I do not think that such considerations support the claim that having this capacity is a necessary condition of being a responsible person in the virtue sense. (shrink)

The article explores the striking coincidences in Heidegger's and Blanchot's account of the image as death mask. The analysis of the respective theories of the image brings forth two radically divergent conceptions of thinking as "laying patent" (Heidegger) and of thinking as "laying bare" (Blanchot).

Summary We offer a novel historical-philosophical framework for discussing experimental practice which we call ‘Generating Experimental Knowledge’. It combines three different perspectives: experimental systems, concept formation, and the pivotal role of error. We then present an historical account of the invention of the Scanning Tunnelling Microscope (STM), or Raster-Tunnelmikroskop, and interpret it within the proposed framework. We show that at the outset of the STM project, Binnig and Rohrer—the inventors of the machine—filed two patent disclosures; the first is dated 22 (...) December 1978 (Switzerland), and the second, two years later, 12 September 1980 (US). By studying closely these patent disclosures, the attempts to realize them, and the subsequent development of the machine, we present, within the framework of generating experimental knowledge, a new account of the invention of the STM. While the realization of the STM was still a long way off, the patent disclosures served as blueprints, marking the changes that had to be introduced on the way from the initial idea to its realization. (shrink)

The German text of Cohen’s Spinoza on State & Religion, Judaism & Christianity (Spinoza über Staat und Religion, Judentum und Christentum) first appeared in 1915 in the Jahrbuch für jüdische Geschichte und Literatur. Two years before, in the winter of 1913, Cohen taught a class and a seminar on Spinoza’s Theological-Political Treatise at the Hochschule für die Wissenschaft des Judentums. This was Cohen’s first semester at the Hochschule, after retiring from more than thirty years of teaching at the University of (...) Marburg. Cohen’s fame at the time was at its zenith, and his move to the Hochschule was a cause for celebration and excitement. According to the testimony of some students who attended the Tractatus Theologico-Politicus seminar, Cohen left no place for any expression of dissent (regrettably, the academy frequently encourages such authoritarian behavior). The text of Spinoza on State, which was the product of this seminar, still bears the marks of this “didactic” attitude. It is bombastic and feebly argued. Thus, in one moment of emotional crescendo in the text, we can literally hear Cohen shout: When Spinoza, with merciless severity, makes his own nation the object of contempt – at the time that Rembrandt lived on the same street and immortalized the ideal type of the Jew - no voices rises in protest against this humanly incomprehensible betrayal. Such patriotic rhetoric is quite typical of Cohen’s Spinoza on State, as the work reads more like a series of rants against the devil incarnated (“the demonic spirit of Spinoza”) in the figure of the traitor from Amsterdam than like a sustained and serious philosophical polemic. From time to time, one can observe hints of critical arguments, but hardly any are fleshed out. The text is also replete with rudimentary factual and interpretative errors. Thus, when Cohen argues that Spinoza traces his pantheism to Jewish sources, Cohen erroneously cites Spinoza’s reference in E2p7s to “some of the Hebrews [quidam Hebraeorum]” who argued for the identity of Sekhel, Maskil, and Muskal (the Intellect, the Intellecting Subject, and the Intellected Object) – a Maimonidean doctrine that has nothing to do with pantheism – while the text Cohen clearly had in mind was Spinoza’s claim, in Letter 73, that the traditions (traditionibus) of the “ancient Hebrews [antiquis Hebraeis]” agree with Spinoza’s claim that “all things are in God.” Similarly, and on the very same page, Cohen ascribes to Spinoza the claim that “the God of the Old Testament is only a body,” a claim which is nowhere to be found in Spinoza’s works, and which can be inferred from Spinoza’s text only through a patent fallacy. If I may add one last example, consider the following passage from Cohen’s Spinoza on State: [For Spinoza] divine law is grounded in our mind. Yet this does not mean that our mind bears responsibility for producing and obeying the law. Instead, it means that, by definition, the human mind and God are identical, inasmuch as He exists in the human mind. Hardly any claim in this brief passage is correct. Yet, what is most striking is Cohen’s derivation of the identity of God and the human mind from the claim that God exists in the human mind. If I exist in North America, this obviously does not imply that I am identical to North America (there are, for example, a couple of North American porcupines and alligators that are distinct from me). What rule of inference Cohen sought to employ in this argument, and how this impressive inference of the identity of God and the human mind is supposed to square with Cohen’s view of Spinoza as a pantheist – i.e., as considering the physical nature to be divine – is beyond my grasp. Instead of tracking down the dozens of crude errors and fallacies in Cohen’s text, I would like to concentrate here on one crucial issue: Cohen’s critique of Spinoza’s pantheism. By doing this, I will have to pass silently over a couple of surprising agreements between the two figures, such as the (false) claim that all of the prophets of the Hebrew Bible taught the same universal and simple morality. My discussion of pantheism will be divided into two sections. In the first, I will examine Cohen’s understanding of Spinoza’s pantheism. In the second, I will briefly examine the historical validity of Cohen’s claim that pantheism is a Christian doctrine, diametrically opposed to Judaism. (shrink)

Most bioethicists who address questions to which global justice matters have not considered the significance of the disputes over the correct theory of global justice. Consequently, the significance of the differences between theories of global justice for bioethics has been obscured. In this paper, I consider when and how these differences are important. I argue that certain bioethical problems can be resolved without addressing disagreements about global justice. People with very different views about global justice can converge on the existence (...) of a duty to aid the very badly off — those in absolute poverty — wherever they may be. However, despite agreement on extreme cases, there should be disagreement over the extent of international obligations to those who are only relatively poor. Consequently, different theories of justice will diverge in their implications for a number of important problems in contemporary bioethics. I close by sketching in more detail two contemporary bioethical issues —concerning pharmaceutical patents and the health worker brain drain —and show how responses to them might be developed by cosmopolitan and statist liberals. (shrink)

The purpose of the following study is that of providing a critical anal‑ ysis of Intellectual Property (IP), with a closer look on copyright, in the context of human rights. My main conjecture is the following : the legal infrastructure stemming from the implications of copyrights which states created has nega‑ tive consequences if we have a closer look at some human rights specified by The Universal Declaration of Human Rights (UDHR). For example, copyrights are, in my view, incompatible with (...) the human rights which specify that (1) hu‑ man beings have a right to freely take part in the cultural and scientific life of the communities which they inhabit and (2) human beings have a right to own property. My main hypothesis is the following : if copyrights are, in fact, more difficult to ground from a moral perspective, then this considerations must trump the provision of the 27th article of the UDHR, which states that creators, be they artists or researchers, have a human right to have their moral and mate‑ rial interests protected with regard to their intellectual products, if this amounts to a justification for a copyright. (shrink)

Este trabajo abordará cuestiones esenciales sobre el imaginario colectivo y sus relaciones con la realidad y la verdad. Primero, debemos abordar este tema dentro de un marco conceptual, seguido del correspondiente análisis fáctico de realidades conductuales demostrables. Adoptaremos no solo la metodología, sino sobre todo los principios y proposiciones de la filosofía analítica, que seguramente quedarán patentes a lo largo del estudio y podrán identificarse por las características descritas por Pérez. : Rabossi (1975) sostiene que la filosofía analítica puede identificarse (...) considerando ciertos parecidos familiares. Sugiere los siguientes rasgos familiares: una actitud positiva hacia el conocimiento científico; un enfoque cauteloso de la metafísica; una concepción de la filosofía como tarea conceptual, que toma como método el análisis conceptual; una estrecha relación entre lengua y Filosofía; una preocupación por buscar respuestas argumentativas a problemas filosóficos; la búsqueda de claridad conceptual. -/- Estos conceptos originales implican contenidos culturales, sociales, religiosos, científicos, filosóficos, morales y políticos propios de cada existencia colectiva. En este estudio no debatiremos ni demostraremos. Nuestro objetivo no es establecer sistemáticamente un método, criticar o aportar pruebas. Este trabajo se basa en la reflexión analítica. Especularemos lo más completa y profundamente posible y expresaremos los resultados de nuestros pensamientos. Sin perjuicio del carácter multidisciplinar del tema y de la apertura metodológica para aceptar aportaciones de cualquier campo científico, este trabajo pertenece a la psicología y la ontología o, en otras palabras, a la psicología social y ontológica. La metodología libre que orienta estas reflexiones abarca y considera todo lo que se acerca a la coherencia con la epistemología filosófica y psicológica. Esta metodología no busca evidencia, sino que busca la interrelación entre evidencia existente de cualquier naturaleza y magnitud, infiriendo significado consistente a partir de cosas reales. Muchos grandes pensadores en ningún momento han buscado demostraciones, teorizaciones o sistematizaciones. Estos pensadores pensaron, meditaron y pudieron acercarse a la verdad con la iluminación de su humildad. Ellos serán nuestra referencia y el ejemplo a seguir. De hecho, no encontraremos la verdad. Sin embargo, de una cosa podemos estar seguros: muchas veces nos acercaremos a la verdad y en todo momento nos alejaremos de la mentira. El objetivo principal de este estudio es observar cómo funcionan algunos de los atributos evolutivos esenciales de la humanidad. Al igual que la creatividad, la imaginación y la asociación pueden convertirse en una enfermedad peligrosa, al abrigo de las brumosas sombras de la inteligencia. -/- . (shrink)