Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd [2013] 304 ALR 1At the heart of some disputes regarding medical treatment is the conceptual difficulty of finding the appropriate legal framework. The diagnosis and treatment of medical conditions are clearly subject to professional standards and thus sit within the negligence framework, but what of those who develop and provide that diagnosis and treatment? Do innovative approaches give rise to a patentable interest and can the intellectual property in a method of treatment (...) be protected under existing patent law? This question was recently addressed by the High Court in Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd [2013] 304 ALR 1.The technical arguments are clearly set out in the judgment and do not warrant repetition. For present purposes it is sufficient to highlight the central legal question, which was whether a method of medical treatment could be a “manner of manufacture” and therefore patentable.The DecisionThe High Court .. (shrink)

Bioethicists influence practices and policies in medicine, science, and public health. However, little is known about bioethicists’ views. We recently surveyed 824 U.S. bioethicists on a wide range of ethical issues, including topics related to abortion, medical aid in dying, and resource allocation, among others. We also asked bioethicists about their demographic, religious, academic, and professional backgrounds. We find that bioethicists’ normative commitments predict their views on bioethical issues. We also find that, in important ways, bioethicists’ views do not align (...) with those of the U.S. public: for instance, bioethicists are more likely than members of the public to think abortion is ethically permissible but are less likely to believe compensating organ donors is. Our demographic results indicate the field of bioethics is far less diverse than the U.S. population—less diverse even than other academic disciplines—suggesting far more work needs to be done to build an inclusive field. (shrink)

How many individuals are present where we see a pregnant individual? Within a substance ontological framework, there are exactly two possible answers to this question. The standard answer—two individuals—is typically championed by scholars endorsing the predominant Containment View of pregnancy, according to which the foetus resides in the gestating organism like in a container. The alternative answer—one individual—has recently found support in the Parthood View, according to which the foetus is a part of the gestating organism. Here I propose a (...) third answer: a pregnant individual is neither two individuals nor one individual but something in between one and two. This is because organisms are better understood as processes than as substances. With a special focus on the Parthood View, I explain why a Process View of pregnancy, according to which a pregnant individual is a bifurcating hypercomplex process, surpasses the substance ontological approaches. (shrink)

In recent years, an increasing number of theoretical biologists and philosophers of biology have been opposing reductionist research agendas by appealing to the concept of biological autonomy which draws on the older concept of autopoiesis. In my paper, I investigate some of the ontological implications of this approach. The emphasis on autonomy and autopoiesis, together with the associated idea of organisational closure, might evoke the impression that organisms are to be categorised ontologically as substances: ontologically independent, well-individuated, discrete particulars. However, (...) I argue that this is mistaken. Autopoiesis and biological autonomy, properly understood, require a rigorous commitment to a process ontological view of life. (shrink)

In science policy, it is generally acknowledged that science-based problem-solving requires interdisciplinary research. For example, policy makers invest in funding programs such as Horizon 2020 that aim to stimulate interdisciplinary research. Yet the epistemological processes that lead to effective interdisciplinary research are poorly understood. This article aims at an epistemology for interdisciplinary research, in particular, IDR for solving ‘real-world’ problems. Focus is on the question why researchers experience cognitive and epistemic difficulties in conducting IDR. Based on a study of educational (...) literature it is concluded that higher-education is missing clear ideas on the epistemology of IDR, and as a consequence, on how to teach it. It is conjectured that the lack of philosophical interest in the epistemology of IDR is due to a philosophical paradigm of science, which prevents recognizing severe epistemological challenges of IDR, both in the philosophy of science as well as in science education and research. The proposed alternative philosophical paradigm entails alternative philosophical presuppositions regarding aspects such as the aim of science, the character of knowledge, the epistemic and pragmatic criteria for accepting knowledge, and the role of technological instruments. This alternative philosophical paradigm assume the production of knowledge for epistemic functions as the aim of science, and interprets ‘knowledge’ as epistemic tools that must allow for conducting epistemic tasks by epistemic agents, rather than interpreting knowledge as representations that objectively represent aspects of the world independent of the way in which it was constructed. The engineering paradigm of science involves that knowledge is indelibly shaped by how it is constructed. Additionally, the way in which scientific disciplines construct knowledge is guided by the specificities of the discipline, which can be analyzed in terms of disciplinary perspectives. This implies that knowledge and the epistemic uses of knowledge cannot be understood without at least some understanding of how the knowledge is constructed. Accordingly, scientific researchers need so-called metacognitive scaffolds to assist in analyzing and reconstructing how ‘knowledge’ is constructed and how different disciplines do this differently. In an engineering paradigm of science, these metacognitive scaffolds can also be interpreted as epistemic tools, but in this case as tools that guide, enable and constrain analyzing and articulating how knowledge is produced. In interdisciplinary research, metacognitive scaffolds assist interdisciplinary communication aiming to analyze and articulate how the discipline constructs knowledge. (shrink)

In clinical practice, decision-making is not performed by individual knowers but by an assemblage of people and instruments in which no one member has full access to every piece of evidence. This is due to decision making teams consisting of members with different kinds of expertise, as well as to organisational and time constraints. This raises important questions for the epistemology of medicine, which is inherently social in this kind of setting, and implies epistemic dependence on others. Trust in these (...) contexts is a highly complex social practice, involving different forms of relationships between trust and reasons for trust: based on reasons, and not based on reasons; based on reasons that are easily accessible to reflection and others that are not. In this paper, we focus on what it means to have reasons to trust colleagues in an established clinical team, collectively supporting or carrying out every day clinical decision-making. We show two important points about these reasons, firstly, they are not sought or given in advance of a situation of epistemic dependence, but are established within these situations; secondly they are implicit in the sense of being contained or nested within other actions that are not directly about trusting another person. The processes of establishing these reasons are directly about accomplishing a task, and indirectly about trusting someone else’s expertise or competence. These processes establish a space of reasons within which what it means to have reasons for trust, or not, gains a meaning and traction in these team-work settings. Based on a qualitative study of decision-making in image assisted diagnosis and treatment of a complex disease called pulmonary hypertension, we show how an intersubjective framework, or ‘space of reasons’ is established through team members forging together a common way of identifying and dealing with evidence. In dealing with images as a central diagnostic tool, this also involves a common way of looking at the images, a common mode or style of perception. These frameworks are developed through many iterations of adjusting and calibrating interpretations in relation to those of others, establishing what counts as evidence, and ranking different kinds of evidence. Implicit trust is at work throughout this process. Trusting the expertise of others in clinical decision-making teams occurs while the members of the team are busy on other tasks, most importantly, building up a framework of common modes of seeing, and common ways of identifying and assessing evidence emerge. It is only in this way that trusting or mistrusting becomes meaningful in these contexts, and that a framework for epistemic dependence is established. (shrink)

The aim of this paper is to explore how children learn to form new relationships with nature. It draws on a longitudinal case study of children participating in a stewardship project involving the conservation of salamanders during the school day in Stockholm, Sweden. The qualitative method includes two waves of data collection: when a group of 10-year-old children participated in the project (2015) and two years after they participated (2017). We conducted 49 interviews with children as well as using participant (...) observations and questionnaires. We found indications that children developed sympathy for salamanders and increased concern and care for nature, and that such relationships persisted two years after participation. Our rich qualitative data suggest that whole situations of sufficient unpredictability triggering free exploration of the area, direct sensory contact and significant experiences of interacting with a species were important for children’s development of affective relationships with the salamander species and with nature in an open-ended sense. Saving the lives of trapped animals enabled direct sensory interaction, feedback, increased understanding, and development of new skills for dynamically exploring further ways of saving species in an interactive process experienced as deeply meaningful, enjoyable and connecting. The behavioural setting instilled a sense of pride and commitment, and the high degree of responsibility given to the children while exploring the habitat during authentic situations enriched children’s enjoyment. The study has implications for the design of education programmes that aim to connect children with nature and for a child-sensitive urban policy that supports authentic nature situations in close spatial proximity to preschools and schools. (shrink)

The Mechanisation of Natural Philosophy is devoted to various aspects of the transformation of natural philosophy during the 16th and 17th centuries that is usually described as mechanical philosophy. Drawing the border between the old Aristotelianism and the « new » mechanical philosophy faces historians with a delicate task, if not an impossible mission. There were many natural philosophers who actually crossed the border between the two worlds, and, inside each of these worlds, there was a vast spectrum of doctrines, (...) arguments and intellectual practices. The expression mechanical philosophy is burdened with ambiguities. It may refer to at least three different enterprises: a description of nature in mathematical terms; the comparison of natural phenomena to existing or imaginary machines; the use in natural philosophy of mechanical analogies, i.e. analogies conceived in terms of matter and motion alone.However mechanical philosophy is defined, its ambition was greater than its real successes. There were few mathematisations of phenomena. The machines of mechanical philosophers were not only imaginary, but had little to do with the machines of mecanicians. In most of the natural sciences, analogies in terms of matter and motion alone failed to provide satisfactory accounts of phenomena.By the same authors: Mechanics and Natural Philosophy before the Scientific Revolution (Boston Studies in the Philosophy of Science 254). (shrink)

Machine metaphors abound in life sciences: animals as automata, mitochondria as engines, brains as computers. Philosophers have criticized machine metaphors for implying that life functions mechanically, misleading research. This approach misses a crucial point in applying machine metaphors to biological phenomena: their reciprocity. Analogical modeling of machines and biological entities is not a one-way street where our understanding of biology must obey a mechanical conception of machines. While our understanding of biological phenomena undoubtedly has been shaped by machine metaphors, the (...) resulting insights have likewise altered our understanding of what machines are and what they can do. (shrink)

Representational drift is a phenomenon of increasing interest in the cognitive and neural sciences. While investigations are ongoing for other sensory cortices, recent research has demonstrated the pervasiveness in which it occurs in the piriform cortex for olfaction. This gradual weakening and shifting of stimulus-responsive cells has critical implications for sensory stimulus–response models and perceptual decision-making. While representational drift may complicate traditional sensory processing models, it could be seen as an advantage in olfaction, as animals live in environments with constantly (...) changing and unpredictable chemical information. Non-topographical encoding in the olfactory system may aid in contextualizing reactions to promiscuous odor stimuli, facilitating adaptive animal behavior and survival. This article suggests that traditional models of stimulus–(neural) response mapping in olfaction may need to be reevaluated and instead motivates the use of dynamical systems theory as a methodology and conceptual framework. (shrink)

Coinciding with the rising development of emerging markets, sustainable consumption practices in these markets are increasingly under scrutiny. In this context, we compare empirical results from consumers in four countries (three emerging markets and one developed market) in an experimental study to uncover patterns of preferences for sustainable luxury products (i.e., products that combine sustainability and luxury characteristics). Our findings illustrate that consumers’ quality, emotional, price, and social value perceptions, as well as purchase and electronic word-of-mouth intentions, are consistently higher (...) in all three emerging markets compared to the developed market. We find that sustainability (vs. conventional) product features increase consumers’ product value perceptions and behavioral intentions, although this effect is partially stronger for the developed compared to the emerging market(s). We further show a positive sustainability effect for luxury products, this effect is stronger for mass-market products. Combining sustainability and luxury signals leads to similar effects in emerging and developed markets. Thus, emerging markets have promise in terms of scope for incorporating sustainability characteristics into luxury products. Sustainable luxury consumption can therefore be understood as a manifestation of global consumer culture. (shrink)

Le XVIIIe siècle est l'âge d'or du matérialisme français. Qu'il prolonge la doctrine de la nécessité des événements de Hobbes, qu'il retourne la théorie des animaux machines contre Descartes pour penser l'homme machine, qu'il renouvelle l'idée d'une science de l'homme à partir d'une critique de l'intériorité subjective ou invente de nouveaux modèles, on retrouve souvent dans les œuvres les plus importantes la tentative de fournir une explication homogène de la nature, de la société et de l'esprit. Mais cet âge d'or (...) du matérialisme français, tout central qu'il fut dans la pensée des Lumières, n'y fut pourtant pas dominant. C'est pourquoi, outre son aspect proprement théorique, son style est polémique et critique: contre les fictions de la métaphysique, contre l'hypocrisie morale, contre la superstition religieuse. Affrontant directement les pouvoirs ecclésiastique, politique, universitaire, certains textes matérialistes ont vécu, comme on le sait, une vie clandestine et connu une histoire souterraine. Il est question ici de trois matérialistes français majeurs: La Mettrie, Helvétius et d'Holbach. Si ces trois auteurs sont privilégiés, c'est pour remettre au premier plan des œuvres qui ont été parfois éclipsées par l'ombre immense portée par une autre figure importante: Diderot. Mais Diderot n'est bien entendu pas absent du volume. Il se pourrait même que ce soit dans une confrontation avec lui que se dessinent les voies du matérialisme. (shrink)

Seasonal influenza poses a significant public health risk in many countries worldwide. Lower immunity and less influenza virus circulating during the pandemic has resulted in a significant increase in cases since the lifting of COVID-19 restrictions in 2022. The seasonal influenza vaccine offers effective protection and is safe for use in large numbers of the population. This article asserts that a moral obligation to vaccinate against influenza can be understood as an Institutional Duty of Rescue. The traditional understanding of the (...) Duty of Rescue encounters issues with force and scope, making it difficult to apply to rescue cases in general, as well as being overdemanding for the individual agent. An Institutional view of the Duty of Rescue addresses these difficulties, looks at the wider context of rescue and leaves room for discussion on collective, preventative rescue measures. This makes the concept well suited to supporting a moral obligation to vaccinate against influenza as part of a collective effort on the part of institutional organisations. (shrink)

In this paper, I ponder the question of whether Socrates follows a method of investigation — the method of hypothesis — which he advocates in Plato's Phaedo. The evidence in the dialogue suggests that he does not follow the method, which raises additional questions: If he fails to do so, why does he articulate the method? Does his statement of method affect his actions or is it mainly forgotten? Although Socrates is a fictional character, his actions in the Phaedo suggests (...) questions about the function of espoused methods in actual situations. (shrink)

Le mot ouvrier apparaît pour la première fois au milieu du xiie siècle pour désigner celui qui travaille de ses mains moyennant salaire. C’est dans un roman de chevalerie, écrit par Chrétien de Troyes entre 1176 et 1181, Yvain, le chevalier au lion, qu’est offerte l’une des premières descriptions d’ouvrières salariées du Moyen Âge. La brutale confrontation entre le preux chevalier et la réalité du travail féminin y donne naissance à l’une des pages les plus fortes de la littérature médiévale. (...) Elle témoigne d’une nouvelle réalité, celle du travail, de l’argent et de la condition ouvrière au cœur de la féérie arthurienne. (shrink)

The mind-body relation was at the forefront of philosophy and theology in late antiquity, a time of great intellectual innovation. This volume, the first integrated history of this important topic, explores ideas about mind and body during this period, considering both pagan and Christian thought about issues such as resurrection, incarnation and asceticism. A series of chapters presents cutting-edge research from multiple perspectives, including history, philosophy, classics and theology. Several chapters survey wider themes which provide context for detailed studies of (...) the work of individual philosophers including Numenius, Pseudo-Dionysius, Damascius and Augustine. Wide-ranging and accessible, with translations given for all texts in the original language, this book will be essential for students and scholars of late antique thought, the history of religion and theology, and the philosophy of mind. (shrink)

ABSTRACTWithin-person changes in mood, which are triggered by situational cues, for example someone’s location or company, are thought to affect contemporaneous cognitive function. To test this hypothesis, data were collected over 6 months with the smartphone application moo-Q that prompted users at random times to rate their mood and complete 3 short cognitive tests. Out of 24,313 people across 154 countries, who downloaded the app, 770 participants submitted 10 or more valid moo-Q responses. Confirming previous research, consistent patterns of association (...) emerged for 6 different situation cues with mood and cognitive function: For example, being alone rather than with others when completing the app resulted in worse mood but better cognitive task performance. Notwithstanding, changes in mood and cognitive function were not coupled. The advantages and challenges of using smartphone technology for studying mood and cognitive function are discussed. (shrink)

In mid-2018, following a survey of lesbian, gay, bisexual and transgender groups, the UK government issued a consultation on the proposed reform of the Gender Recognition Act for England and Wales.1 When it was first introduced in 2004, the GRA was considered innovative, even world-leading legislation.2 The act enables any adult to seek to change their legal gender provided several criteria are met. These include: If the applicant is successful, he or she is issued with a ‘gender recognition certificate’, their (...) birth certificate is changed and ‘for all purposes’ they become, legally, their acquired or affirmed gender. Since 2004, cultural change in relation to gender identity has been rapid. During the government’s preliminary survey, several concerns were raised about the GRA, particularly among those who have changed, or who may be seeking to change, their gender. These included: The government has stated that being trans is not a mental illness—more a fact of human diversity. It points to the World Health Organisation’s revision of the International Classification of Diseases, in which ‘gender incongruence’, another term for gender dysphoria, is no longer classed under ‘mental and behavioural disorders’.3 ### Draft proposals for change The government considers the reform of the GRA …. (shrink)

Ce numéro est dédié à l’étude des corrélations entre les éléments initiaux ou leur absence, et certains « faits linguistiques » qui se produisent dans la phrase d’accueil ainsi que dans la séquence textuelle (phrases qui suivent et qui précèdent). Par élément initial nous désignons un élément situé dans la zone initiale de la phrase, c’est-à-dire avant le sujet, ou avant le verbe en cas d’inversion du sujet : expression adverbiale ou adjectivale, prédication seconde, connecteur, etc. S’il exi...

Ces dernières années ont été marquées par un regain d’intérêt pour les héros. Deux expositions récentes en témoignent : Héros et merveilles autour de l’œuvre de Jacques Le Goff dans l’été 2007 à l’abbaye de Fontevraud et Héros, d’Achille à Zidane à la Bibliothèque nationale de France en 2007-2008. Les héros évoqués étaient, dans les deux cas, très majoritairement masculins : bien peu de femmes dans le Panthéon de Jacques le Goff et Jeanne d’Arc presque seule au milieu des héros (...) masculins à... (shrink)

Cet ouvrage collectif porte sur la place qu’occupent les femmes dans différentes parties de l’Empire romain d’Orient hellénophone. Il résulte de trois rencontres scientifiques organisées dans le cadre du programme GRECS d’ANIHMA entre 2012 et 2014. Comme l’explique Sophie Lalanne dans son introduction, le volume ne reflète que partiellement le contenu de ces rencontres ; l’éditrice formule d’ailleurs des réflexions intéressantes sur la place de l’histoire des femmes et du genre dans le domain...

In The Idea of Prison Abolition, Tommie Shelby evaluates arguments for and against the elimination of incarceration as a mode of punishment. In this article, we discuss and expand upon Shelby's arguments, using two very different systems—those of Norway and the United States—as examples to illustrate some general principles.

This collection of essays is a sequel to the editors' 1976 volume Studies in Nietzsche and the Classical Tradition. Philosophers, theologians, and literary historians discuss important aspects of Nietzsche's attack on Judaism and Christianity. The book contains studies of his view of biblical figures, Luther and Pascal as well as comparisons of his thought with that of Spinoza, Lessing, Heine, and Kierkegaard. Nietzsche's critique of the Old Testament, the Jewish religion of the diaspora, and historical Christianity are also investigated. Of (...) the eighteen articles included here, thirteen were prepared expressly for this volume--five were translated from German, one from French, and one from Hebrew. Contributors to this volume are: Eugen Biser, Harry Neumann, Israel Eldad, Charles Lewis, Jorg Salaquarda, Joan Stambaugh, Max L. Baeumer, Brendan Donellan, Diana Behler, Sander L. Gilman, Gerd-Gunther Grau, Josef Simon, James C. O'Flaherty, Bernd Magnus, Georges Goedert, Hans Lung, and Karl Barth. (shrink)

This is the first book-length study of one of the most influential traditions in eighteenth-century Anglophone moral and political thought, 'theological utilitarianism'. Niall O'Flaherty charts its development from its formulation by Anglican disciples of Locke in the 1730s to its culmination in William Paley's work. Few works of moral and political thought had such a profound impact on political discourse as Paley's Principles of Moral and Political Philosophy. His arguments were at the forefront of debates about the constitution, the (...) judicial system, slavery and poverty. By placing Paley's moral thought in the context of theological debate, this book establishes his genuine commitment to a worldly theology and to a programme of human advancement. It thus raises serious doubts about histories which treat the Enlightenment as an entirely secular enterprise, as well as those which see English thought as being markedly out of step with wider European intellectual developments. (shrink)

In 1862 the leading British photographer Francis Bedford was commissioned by Queen Victoria to accompany her son and heir, the future King Edward VII, on an ambitious journey around the Middle East. This book documents that journey.