The TRIPS agreement has been widely discussed. Critics have accused it to favour property rights at the cost of public health in AIDS-stricken development countries. In this article, the conflict between on the one hand Intellectual Property Rights and on the other a right to subsistence is analysed with the help of a method for specification. The rationalization of TRIPS and its amendments raises two questions for ethics, one normative and one meta-ethical. First, which right has priority: (...) the right to property or the right to subsistence? Second, how can conflicting rights be reconciled in a coherent ethical system. The aim of the article is to answer these two questions and in order to do that the method of specification developed by the philosopher Henry Richardson is applied. The result is a specified norm applicable for this kind of rights conflicts. (shrink)

The United States’ pursuit of increasingly TRIPS-Plus levels of intellectual property protection for medicines in bilateral and regional trade agreements is well recognized. Less so, however, are U.S. efforts through these agreements, to directly influence and constrain the pharmaceutical coverage programs of its trading partners. The pursuit of increasing levels of intellectual property protection in successive bilateral and regional trade agreements has been driven, at least in part, by a U.S. desire to achieve standards of protection it anticipated from (...) the TRIPS Agreement, but failed to secure. Despite the conclusion of a global agreement on IP standards that would establish significant protections in countries that had hitherto declined them, the U.S. pharmaceutical industry viewed TRIPS as falling well short of its objectives — particularly in light of the delayed introduction of patent protection in countries that are key suppliers of generic medicines, such as India. (shrink)

This book explains China's intellectual property perspective in the context of European theories, through a critical examination of intellectual property theory and practice focused on China's compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The author's critical review of contemporary intellectual property philosophy suggests that justifying intellectual property protection through Locke or Hegel's property theories internalizes a theoretical paradox. "Professor Wenwei Guan's treatment of intellectual property law and practice in the PRC offers new perspectives (...) that enrich an already active field of study. This book will be a useful contribution to academic and policy discourses examining conceptual and operational dimensions of China's intellectual property protection system and the broader process of China's international engagement." - Dr. Pitman B. Potter, Professor of Law, University of British Columbia, Canada "Dr. Guan reminds us of the daunting challenge of the public-private divide in forming and reforming TRIPS regime; how this regime has failed to address development needs and public concerns in developing countries like China; and how TRIPS's 'birth defect' can be overcome and its evolution can be put back on the right track." - Dr. Yahong Li, Associate Professor at Faculty of Law, Hong Kong University. (shrink)

In this paper, we provide an overview of how the outcomes of the Uruguay Round affected the application of pharmaceutical intellectual property rights globally. Second, we explain how specific pharmaceutical policy tools can help developing states mitigate the worst effects of the TRIPS Agreement. Third, we put forward solutions that could be implemented by the World Bank to help overcome the divide between creating private incentives for research and development of innovative medicines and ensuring access of the poor (...) to medicine. Fourth, we evaluate these solutions on the basis of utilitarian considerations and urge that equitable pricing is morally preferable to the other solutions. (shrink)

Intellectual property has historically been a self-contained policy at the international level. With the introduction of the TRIPs Agreement in 1994 and developments since the conclusion of the TRIPs Agreement, the relationship between intellectual property policy and other areas of public policy has become much more complex and interactive. This shift reflects the centrality of intellectual property in the knowledge economy, the rapid development of enabling technologies, notably the Internet and biotechnology, and the advent of the (...) networked society. The consequences of this shift are manifold and herald the increased sophistication and complexity that may be expected of intellectual property regimes in the knowledge economy. (shrink)

The paper describes a computational model that we have implemented in an experimental dialogue system. Communication in a natural language between two participants A and B is considered, where A has a communicative goal that his/her partner B will make a decision to perform an action D. A argues the usefulness, pleasantness, etc. of D, in order to guide B's reasoning in a desirable direction. A computational model of argumentation is developed, which includes reasoning. Our model is based on the (...) studies in the common-sense conception of how the human mind works in such situations. Theoretical considerations are followed by an analysis of Estonian spoken human–human dialogues. First, calls of clients to travel agencies are studied where a travel agent could use various arguments in order to persuade a client to book a trip. The analysis demonstrates that clients are primarily looking for information; argumentation occurs in a small number of dialogues. Secondly, calls of s... (shrink)

Since the adoption of the WTO-TRIPS Agreement in 1994, there has been significant controversy over the impact of pharmaceutical patent protection on the access to medicines in the developing world. In addition to the market exclusivity provided by patents, the pharmaceutical industry has also sought to further extend their monopolies by advocating the need for additional ‘regulatory’ protection for new medicines, known as data exclusivity. Data exclusivity limits the use of clinical trial data that need to be submitted (...) to the regulatory authorities before a new drug can enter the market. For a specified period, generic competitors cannot apply for regulatory approval for equivalent drugs relying on the originator's data. As a consequence, data exclusivity lengthens the monopoly for the original drug, impairing the availability of generic drugs. This article illustrates how the pharmaceutical industry has convinced the US and the EU to impose data exclusivity on their trade partners, many of them developing countries. The key arguments formulated by the pharmaceutical industry in favor of adopting data exclusivity and their underlying ethical assumptions are described in this article, analyzed, and found to be unconvincing. Contrary to industry's arguments, it is unlikely that data exclusivity will promote innovation, especially in developing countries. Moreover, the industry's appeal to a property rights claim over clinical test data and the idea that data exclusivity can prevent the generic competitors from ‘free-riding’ encounters some important problems: Neither legitimize excluding all others. (shrink)

The global health crisis in non-communicable diseases (NCDs) reveals a deep global health inequity that lies at the heart of global justice concerns. Mirroring the HIV/AIDS epidemic, NCDs bring into stark relief once more the human consequences of trade policies that reinforce global inequities in treatment access. Recognising distributive justice issues in access to medicines for their populations, World Trade Organisation (WTO) members confirmed the primacy of access to medicines for all in trade and public health in the landmark Doha (...) Declaration on the TRIPS Agreement and Public Health of 2001. (shrink)

Focused on the impact of stringent intellectual property mechanisms over the uses of plant agricultural biodiversity in crop improvement, the article delves into a systematic analysis of the relationship between institutional paradigms and their technological contexts of application, identified as mass selection, controlled hybridisation, molecular breeding tools and transgenics. While the strong property paradigm has proven effective in the context of major leaps forward in genetic engineering, it faces a systematic breakdown when extended to mass selection, where innovation often displays (...) a collective nature. However, it also creates partial blockages in those innovation schemes rested between on-farm observation and genetic modification, i.e. conventional plant breeding and upstream molecular biology research tools. Neither overly strong intellectual property rights, nor the absence of well delineated protection have proven an optimal fit for these two intermediary socio-technological systems of cumulative incremental innovation. To address these challenges, the authors look at appropriate institutional alternatives which can create effective incentives for in situ agrobiodiversity conservation and the equitable distribution of technologies in plant improvement, using the flexibilities of the TRIPS Agreement, the liability rules set forth in patents or plant variety rights themselves, and other ad hoc reward regimes. (shrink)

The tension between economic policy and health policy is a longstanding dilemma, but one that was brought to the fore with the World Trade Organization’s Trade-Related Aspects of Intellectual Property Rights Agreement in 1994. The pharmaceutical industry has long argued that intellectual property protection is vital for innovation. At the same time, there are those who counter that strong IPP negatively impacts the affordability and availability of essential medicines in developing countries. However, actors on both sides of the debate (...) were in agreement that something needed to be done to address the HIV/AIDS crisis, especially in developing countries. In response to sustained and significant pressure from civil society groups, members of the World Trade Organization agreed to the Declaration on the TRIPS Agreement and Public Health in 2001. The Declaration clarified that countries unable to manufacture the needed pharmaceuticals could obtain more affordable generics elsewhere if necessary. (shrink)

The existence of sovereign rights over genetic resources is today well recognized in international law. However, the legal status of such resources in terms of property rights is still unclear. The consideration of this issue requires a clear distinction between physical and intangible property. Legislation in developed countries has extended patent protection to genetic resources, in addition to the protection of plant varieties via breeders' rights. The extension of protection and the implementation of the TRIPs Agreement may have (...) important implications for breeding programs and trade in seeds. While intellectual property protection of genetic resources is rapidly advancing, considerable work is still to be done to ensure the compensation for the informal innovations made by local and indigenous communities. (shrink)

While compulsory licensing is described in the TRIPS agreement as flexibility to protect public health by improving access to medicines in developing countries, a recent literature contends adversely that CL may harm public health. Therefore, this article intends to evaluate the usefulness of CL in the South through the prism of obligations and goals entrusted to patent holders and in light of experiences in Thailand and Brazil regarding access to antiretroviral drugs. In this way, it shows that the (...) obligations assigned to patent holders were better served by the recipients of CL and brought significant health and industrial benefits in the two high middle-income countries. In particular, CL allowed the scaling-up of free and universal access to antiretroviral drugs by assuring the financial sustainability of these public health programs endangered by monopolistic practices from patent holders. (shrink)

The aim of this paper will focus on the ethical analysis of the general problem of international responsibility in the protection of public goods in pandemics, taking as a paradigmatic case the access to the COVID vaccine. Our hypothesis revolves around showing the international responsibility for damage in the access and distribution of the aforementioned vaccine, evidencing how this "covert privatization of public goods" rests on an unjustified patent system that generates the continuity of the pandemic and the speculative trade (...) of prices. This system extends to the network of public goods essential to the health of our populations. The methodology chosen consists of a critical study of patent law and the ethics and political analysis of international liability for damages applied to the pandemic situation. The paper is divided into four sections. First, the origin of the COVID vaccine will be analyzed, establishing its character as a public good. Secondly, it will investigate the conflict between patents and the human right to health from the TRIPS Agreement, questioning the patent system. Thirdly, the philosophical arguments raised by Pogge against TRIPS will be examined, using them for the analysis of the abuse of dominant power of developed countries at the distribution level. Fourthly, as an alternative proposal, some theoretical guidelines will be outlined, inspired by a redefined concept of "social connection", but applied to affected groups and countries with violated rights. It will be proposed to strengthen collective and participatory actions for the protection of public goods and the development of open science, technological and sanitary sovereignty, from the integral care of health and under a human rights framework with a gender perspective. This topic deserves to be deepened in future research. (shrink)

In this paper we begin with a reference to the work of Hernando de Soto The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else, and his characterization of the Western institution of formal property. We note the linkages that he sees between the institution and successful capitalist enterprise. Therefore, given the appropriateness of his analysis, it would appear to be worthwhile for developing and less developed countries to adjust their systems of ownership to conform more (...) closely to the Western system of formal property. However, we go on to point out that property relationships within the Western system have become subject to redefinition through the expansion of Intellectual Property rights in ways that ultimately work to the disadvantage of the developing and less developed countries. We point out that this restructuring has been given global application through the implementation of the TRIPS agreement by the WTO. In the final section of the paper I suggest ways in which IP rights and relevant institutions can be reformed in order to avoid the disadvantages to the developing and less developed countries. (shrink)

Globalized in 1995 through the TRIPs Agreement, humanity’s dominant mechanism for encouraging innovations involves 20-year product patents, whose monopoly features enable innovators to reap large markups or licensing fees from early users. Exclusive reliance on this reward mechanism in the pharmaceutical sector is morally problematic for two main reasons. First, it imposes a great burden on poor people who cannot afford to buy patented treatments at monopoly prices and whose specific health problems are therefore neglected by pharmacological research. (...) Second, it discourages pharmaceutical firms from fighting diseases at the population level with the aim of slashing their incidence. These problems can be alleviated by establishing a supplementary alternative reward mechanism that would enable pharmaceutical innovators to exchange their monopoly privileges on a patented product for impact rewards based on the actual health gains achieved with this product. As such, an international Health Impact Fund (HIF) would create powerful new incentives to rapidly develop remedies against diseases concentrated among the poor, provide such remedies with ample care at very low prices, and deploy them strategically to contain, suppress, and ideally eradicate the target disease. By promoting innovations and their diffusion together, the HIF would greatly enlarge the benefits, and thereby also the cost-effectiveness, of the pharmaceutical sector, especially in favor of the world’s poor. (shrink)

ABSTRACTMore than a third of the world's population has no access to essential drugs. More than half of this group of people live in the poorest regions of Africa and Asia. Several factors determine the accessibility of drugs in developing countries. Hardly any medicines for tropical diseases are being developed, but even existing drugs are often not available to the patients who need them.One of the important determinants of access to drugs is the working of the patent system. This paper (...) first maps out some facts about the global patent regime that has emerged as a consequence of the conclusion of the WTO‐TRIPs Agreement in 1994. Attempts to construct a moral justification of the patent system have been based on three grounds: natural rights, distributive justice, and utilitarian arguments. This paper examines to what extent and on which grounds drug patents can be justified. The final section looks at the so‐called ‘Doha Declaration on the TRIPs Agreement and Public Health’, which was adopted by the WTO Ministerial Conference two years ago, recognising the primacy of public health over the interests of patent proprietors. (shrink)

The global health crisis in non‐communicable diseases reveals a deep global health inequity that lies at the heart of global justice concerns. Mirroring the HIV/AIDS epidemic, NCDs bring into stark relief once more the human consequences of trade policies that reinforce global inequities in treatment access. Recognising distributive justice issues in access to medicines for their populations, World Trade Organisation members confirmed the primacy of access to medicines for all in trade and public health in the landmark Doha Declaration on (...) the TRIPS Agreement and Public Health of 2001. (shrink)

Matthew Rimmer, ACIPA, The Australian National University, College of Law, Canberra, ACT, 0200, Australia. Tel.: (02) 61254164; Email: matthew.rimmer{at}anu.edu.au ' + u + '@' + d + ' '//--> Abstract This article considers the significance of the first export of essential medicines under the WTO General Council Decision 2003. In July 2007, Rwanda became the first country to provide a notification under the WTO General Council Decision 2003 of its intent to import a fixed-dose, triple combination HIV/AIDS drug manufactured by (...) the Canadian generic pharmaceutical manufacturer Apotex, Inc. In September 2007, Apotex was granted the first compulsory licence application under Canada's Access to Medicines Regime. This article considers the convoluted and protracted negotiations between the Government of Rwanda, Apotex and three patent holders, GlaxoSmithKline, Boehringer Ingleheim Canada and Shire BioChemical, Inc. It questions the efficiency of this process. This article considers the review of the Jean Chrétien Pledge to Africa Act 2004 (Canada). It is critical of the refusal of the Conservative Government of Canada to make any amendments to the legislation to improve the cost-effective delivery of essential medicines. This article queries the proposed Hong Kong Amendment to the TRIPS Agreement 1994, given the concerns of the Africa Group. It is submitted that it is undesirable to codify the WTO General Council Decision 2003, given its failure to provide a speedy, efficient and cost-effective delivery of essential medicines. CiteULike Connotea Del.icio.us What's this? (shrink)

Few topics in international intellectual property law have been as controversial in recent years as the one we are about to examine. In the 1980s and early 1990s, a Diplomatic Conference attempted to revise the oldest international convention providing some protection for patented inventions outside of the domestic laws. Those efforts broke down, largely because developed and developing countries could not agree on the powers that governments should retain to issue compulsory licenses or on the grounds for which these powers (...) could be exercised. The failure of this Conference, held under the auspices of the World Intellectual Property Organization (WIPO), persuaded the technology-exporting countries to link future negotiations concerning international intellectual property protection to the Multilateral Trade Negotiations, known as the Uruguay Round, which got underway in 1986. The end result was Annex IC of the Agreement Establishing the World Trade Organization of 1994, which incorporated a new, comprehensive and relatively elevated set of international minimum standards of patent protection into the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). (shrink)

Unauthorized appropriation of geneticresources has been described by the term``biopiracy.'' Technological breakthroughsincluding biotechnological applications canincrease considerably the instrumental value ofbiodiversity as new products or products withnew properties can be made. Nevertheless, itappears that, in most cases, the properties inquestion were already known to the indigenouspeople and used for centuries. The analysisdiscusses both from an economic and an ethicalperspective whether it is just that traditionalknowledge is rewarded. As the conflictintensifies over questions of ownership andcontrol of biological materials, IntellectualProperty Rights are at (...) the center ofcontroversies. The current global systemgoverning biotechnology has largely been shapedby Western expectations and valuations andconsequently has drawn severe criticism. Thecritics doubt both the stability andsustainability of the current patent system andargue for restructuring through benefit-sharingsystems in order to address some of theexisting inequalities. With the help of a casestudy (US patent no. 5,751 on ayahuasca) thetheoretical notion of biopiracy is applied toreal problems. (shrink)

One-third of all human lives end in early death from poverty-related causes. Most of these premature deaths are avoidable through global institutional reforms that would eradicate extreme poverty. Many are also avoidable through global health-system reform that would make medical knowledge freely available as a global public good. The rules should be redesigned so that the development of any new drug is rewarded in proportion to its impact on the global disease burden (not through monopoly rents). This reform would bring (...) drug prices down worldwide close to their marginal cost of production and would powerfully stimulate pharmaceutical research into currently neglected diseases concentrated among the poor. Its feasibility shows that the existing medical-patent regime (trade-related aspects of intellectual property rights—TRIPS—as supplemented by bilateral agreements) is severely unjust—and its imposition a human-rights violation on account of the avoidable mortality and morbidity it foreseeably produces. (shrink)

This paper uses John Rawls' theory of justice to defend the patent system against charges that it has an unfair effect on access to medications, from the perspective of national and international justice. The paper argues that the patent system is fair in a national context because it respects intellectual property rights and it benefits the least advantaged members of society by providing incentives for inventors, investors, and entrepreneurs. The paper also argues that the patent system is fair in an (...) international context, provided that developed nations take steps to help disease-stricken countries secure internal justice. Fairness in a national or international context also requires that the patent system should include emergency exceptions to deal with short-term inequities. (shrink)

This article outlines and compares current and proposed global institutional mechanisms to increase equitable access to COVID-19 vaccines, focusing on their institutional and operational complementarities and overlaps. It specifically considers the World Health Organization's (WHO’s) COVAX (COVID-19 Vaccines Global Access) model as part of the Access to COVID-19 Tools Accelerator (ACT-A) initiative, the WHO’s COVID-19 Technology Access Pool (C-TAP) initiative, the proposed TRIPS (Trade-Related Aspects of Intellectual Property Agreement) intellectual property waiver and other proposed WHO and World Trade (...) Organization technology transfer proposals. We argue that while various individual mechanisms each have their specific individual merits—and in some cases weaknesses—overall, many of these current and proposed mechanisms could be highly complementary if used together to deliver equitable global access to vaccines. Nonetheless, we also argue that there are risks posed by the proliferation of proposals in this context, including the potential to disperse stakeholder attention or to delay decisive action. Therefore, we argue that there is now a clear need for concerted global multilateral action to recognise the complementarities of specific models and to provide a pathway for collaboration in attaining global equitable access to vaccines. The institutional infrastructure or proposals to achieve this amply exist at this point in time—but much greater cooperation from industry and clear, decisive and coordinated action from states and international organisations are urgently needed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Noble Impermanence of WaystationsMiriam Rowntree (bio)In the Austin-Bergstrom International Airport (ABIA), adjacent to Gate 14, a screen announces that boarding to Equestria is on time. The description below this announcement includes transport “through a portal to a parallel dimension” and a “harmonious sparkly” atmosphere. An attractive destination. Esquestria’s capital, Canterlot, offers castles, dragons, and, of course, ponies. As the heart of the My Little Pony universe, Canterlot boasts (...) a fantastical utopia. Gate ∞, as it is called (because its erstwhile home, Gate 13, is an unlucky number), imaginatively whisks weary travelers away to other fantastical destinations. Using a commonplace ticket machine or kiosk, travelers answer a series of whimsical questions and receive a ticket to a utopian destination that the machine has personally matched to the traveler for their mythical utopia. Doesn’t everyone want to go to lands of unicorns, ponies, or other such magic?The installation titled “Interimaginary Departures” draws upon 120 destinations drawn from various media, literature, and games, including Harry Potter, The Chronicles of Narnia, and The Wizard of Oz.1 Even the carpet is inspired by the rabbits of Watership Down. Artist Janet Zweig describes her art [End Page 570] installation as designed to “create generative situations in public settings” and Gate ∞ does invite possibility as it is situated in a portal askew to the portals of the real in the terminal. Gate ∞ boldly crosses a border wall at 7 degrees (fig. 1, p. 572), heightening the boundaries between the real and the unreal. The chairs, a trashcan, and a book are caught between worlds, a wall slicing through them. Although Zweig cites China Mieville’s The City and the City (2009) as inspiration for her art installation, for me, the juxtaposition of the “interimaginary” and the real calls to mind Olga Tokarczuk’s book Flights (2007).2 While Zweig’s kiosk personally recommends Equestria (fig. 2, p. 573), ABIA is itself merely a waystation on my own trip between Texas and Rome.Tom McAllister’s review of Flights in the Washington Post describes the book as “beautifully fragmented,” not unlike Zweig’s “Interimaginary Departures” which relies on structural fragmentation of a space to exemplify the interposition of the imaginary and the real.3 This book captivated me from the first strange narrative when I tried to read it several years ago. However, I found it difficult to finish the first time as the stories in each section (there are no chapters) moved rapidly from one place, person, idea, and time to the next. McAllister says that “the disconnectedness is part of the point; they are fragments of people’s lives, a patchwork of personal experience, secondhand observation and imagination. Each story appears, draws our attention and then fades as the narrator finds her way to a new hotel, a new airport.” Perhaps the disconnectedness is the point, but I have found that Tokarczuk also infuses the sections with a sense that “there exists in the world’s coordinate system a perfect point where time and space reach an agreement” (4). Like Zweig’s “Interimaginary Departures,” that agreement is found in movement and the waystations toward that right time and place.Destination: RomeI settle into my seat next to my two daughters. Our flight will land in Rome at 8:00 am tomorrow. I have prepared them for what this means for our bodies. Jet lag is no joke. We shuffle our things around, air pods in the seat pocket in front of us, our bags tucked into the overhead bins. I take out my book and open it to the first page as my girls turn on the tv screens nestled in the seat in front of them. “Here I am” it says in bold letters at the top of the first page of Tokarczuk’s book. The narrator announces their presence (here) with the imperative of existence (I am). I take out my pen as is my habit, but it falls to the side as I read the first [End Page 571] Click for larger view View full resolutionFigure 1.A view from the Interimaginary Departures exhibit at Gate 13, or Gate Infinity, in Austin-Bergstrom International... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Ethics of Wealth in a World of Economic Inequality: A Christian Perspective in a Buddhist-Christian DialogueJoerg RiegerThere is common agreement that we find ourselves in a world of economic inequality. More precisely, we are living in a world where economic inequality continues to grow by leaps and bounds. Income inequality in the United States is greater than it has ever been, greater than that of most other (...) wealthy countries,1 and it is even greater than the income inequality known in the Roman Empire. In Ancient Rome, the top 1 percent controlled 16 percent of society’s wealth, compared to 40 percent in the contemporary United States.2 Nevertheless, although there is broad agreement on the existence of economic inequality, there are different perspectives on what it all means.While many lament the existence of economic inequality, others welcome it. Christians who follow the teachings of the so-called gospel of prosperity, for instance, are rarely bothered by economic inequality because they see economic success as a result of faithfulness to God, while stagnation or even poverty is the result of lack of faith. Among economists, one of the dominant perspectives on economic inequality is that it is necessary and beneficial. More specifically, one current economic theory that is widely agreed upon holds that cutting taxes for the wealthy and providing subsidies for large corporations is the only way to maintain economic growth as well as job growth. This theory is maintained despite mounting empirical evidence to the contrary. As a recent study by the nonpartisan Congressional Research Service notes, “there is little evidence over the past 65 years that tax cuts for the highest earners are associated with savings, investment or productivity growth.”3Other prominent perspectives on economic inequality take more critical approaches, although some of the most common stereotypes also fail the reality test. One common assumption, for instance, is that the wealth gap is a matter of the so-called First World versus the so-called Third World. In the Americas, for instance, many believe that wealth resides north of the US-Mexico border, and that poverty resides to the south of it. Nevertheless, the world’s wealthiest individual is currently a Mexican citizen, business magnate Carlos Slim Helú. The case of Slim is, of course, [End Page 153] only the tip of the iceberg, as a tremendous amount of wealth resides in many places “south of the border.” Whenever I take seminary students on immersion trips into countries of the so-called Third World, I make it a point to take them not only into the poor neighborhoods but also into the wealthy ones.Observing wealth in Third World contexts never fails to create substantial cognitive dissonance, as most US residents do not expect to see so many expensive cars and expansive villas in São Paulo, Brazil; Lima, Peru; or Harare, Zimbabwe. By the same token, even most US residents do not expect to see so much dire poverty in the United States, although it often resides only a few miles from where they live. According to the National Center for Children in Poverty, 21 percent of all children in the United States live in families with incomes below the poverty level.4 Without ignoring the economic differences between North and South, substantial economic inequality exists in both so-called Third World and First World settings.Whose Wealth?One crucial insight emerges from our reflections so far: when we talk about an ethics of wealth in a world of economic inequality, we need to ask whose wealth we are discussing. When we are talking about wealth in many Christian communities, we tend to talk about ourselves and about the perceived wealth of the so-called middle class. What we are rarely discussing, however, is the tremendous wealth that is amassed at the upper levels of society, with the proverbial 1 percent or the 0.1 percent. I have observed similar discourses for many years, all around the world. There are several problems with this discourse.One problem is that by talking about members of the middle class as representatives of wealth, we fail to investigate the full scale of economic... (shrink)

Intellectual property rights present an increasingly important challenge to social ethicists. An analysis of ethical issues raised by TRIPS—the international agreement protecting intellectual property rights—can illuminate an insufficiently acknowledged shift in Catholic thought about property rights. Vatican statements on AIDS drugs are one example of how intellectual property policies can be held accountable to the "option for the poor" and the common good.

The negotiations of the intergovernmental group known as the ‘IGWG’, undertaken by the Member States of the WHO, were the result of a deadlock in the World Health Assembly held in 2006 where the Member States of the WHO were unable to reach an agreement on what to do with the 60 recommendations in the report on ‘Public Health, Innovation and Intellectual Property Rights submitted to the Assembly in the same year by a group of experts designated by the (...) Director General of the WHO. The result of these negotiations was the ‘Global strategy and plan of action on public health, innovation and intellectual property’ which was approved by the World Health Assembly in 2008. The intention of the Global Strategy and Plan of Action (GSPOA) which was produced by the IGWG was to substantially reform the pharmaceuticals' research and development system in view of the findings that this system, whose purpose is to produce medicines for diseases which affect the greater part of the world population which lives in developing countries, had failed. The intellectual property rights imposed by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the recent trade agreements could become one of the main obstacles to access to medicines. The GSPOA makes a critical analysis of this reality, and opens the door to searching for new solutions to this problem. (shrink)

The purpose of this study was to analyze the attitude of a group of cardiologists on the ethical conducts they would accept or adopt when encountered with different hypothetical situations of medical practice. Between August and September of 2011, 700 Argentine cardiologists were surveyed in situations which posed ethical dilemmas in the patient-physician relationship, among colleagues or involving financial agreements with employers or the pharmaceutical industry. Ethical conflicts were evidenced in a series of inappropriate conducts such as differential fees, (...) class='Hi'>trips and meals sponsored by laboratories, splitting fees, overbilling, self-referral, charging for patient referral, financial compensation for ordering medical procedures, and various situations derived from the relationship with employers. In general, financial compensation from the pharmaceutical industry was more accepted than the conflictive situations which directly involved patients, colleagues or employers. The rejection of these conducts, the physicians' deontological education and the improvement of financial and organizational conditions in medical practice will help to encourage better medical professionalism and avoid unseemly behaviors. (shrink)

This article addresses two issues. First, it critiques a prominent position regarding how affluent states should balance their national interest on the one hand and their duty to aid developing states on the other. Second, it suggests that absent a principled way to balance national interest with international aid, a state’s more immediate concern is to comply with its negative duty to not harm other states. To support this position, the article constructs a conception of harm that may be applied (...) to questions regarding a state’s negative duties, focusing upon the example of the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS). (shrink)

In this paper the classical topic of “conventionality” in defining the simultaneity (or synchrony) of distant events is tackled again, and the validity of Reichenbach's view is carefully circumscribed. In particular, the role of “one-way” assumptions in the foundations of special relativity is emphasized. The restriction by the round-trip isotropy condition on the admissible distance functions in inertial frames is studied, and its relevance to several issues (absolute simultaneity, the interpretation of Michelson–Morley type experiments, the self-measured speed of a clock) (...) is shown. Two “clock transport” synchronizations in an inertial frame, using self-measured speed and “proper distance,” are presented in detail, and the agreement of the synchronies so established with standard synchrony is proven to be non- circular. By assuming a reasonable concept of “convention” this result is shown to dissolve several objections by supporters of a strong version of conventionalism. Throughout, a number of common misapprehensions in the literature are pointed out. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Honoring, Listening, and Fostering Peace through Friendship:SBCS Annual Meeting November 17–18, 2023, San AntonioSandra Costen KunzThe Society for Buddhist-Christian Studies (SBCS) held its annual meeting the weekend before Thanksgiving in conjunction with the annual meeting of the American Academy of Religion (AAR) as one of its "related scholarly organizations." Three important decisions that the board of directors made are:1. the approval of a new publication agreement with the (...) University of Hawai'i Press (UHP) that journal co-editors Thomas Cattoi and Kristin Largen and treasurer John Sheveland spent many hours working out with UHP's staff,2. the creation of a new standing committee: Oral History and Archives. It will record long-time members's memories of their involvement with society and collect photos and documents pertinent to the society's history,3. the decision to hold an online board meeting before AAR's annual meeting to complete as much routine annual business as possible so that our once-a-year, face-to-face time together can be devoted to more in-depth planning and problem-solving and spending more time listening to, and learning from, each other.Three other highlights of this year's meeting were: (i) honoring long-time interreligious peacemaker Thich Nhat Hahn at our Saturday morning session, (ii) listening to Won Buddhists describe their interreligious peacemaking practices at our Saturday afternoon session, and (iii) committing ourselves as a board to be more faithful in following the practices of the founders of the society by setting aside more time to foster interreligious peace not only through careful scholarship but also through caring friendships.In its early decades, the society spent much of its time and income hosting multiday international conferences that provided much more time for developing friendships and learning from each other than our board meetings and paper sessions at AAR have provided. We have sometimes planned field trips to local temples or churches or dinners at restaurants, but these "extra programs" were always an ad hoc add-on. This year, the board committed itself to reviving the friendship-building and learning-from-each-other priorities of our predecessors in the society and to discerning how to embody them in SBCS programming. [End Page 219]Since I see this year's meeting as something of a watershed moment for the society, I've devoted more pages to this annual meeting article than usual to share more fully with our members and other readers of Buddhist-Christian Studies the work that we did and the possibilities that we discussed.friday board of directors meetingPresident's Opening RemarksPresident Mark Unno called the meeting to order with these words: "The main thing I want to say is: 'Thank you to all our board members for an amazing year!'" Noting how many AAR-related societies struggled through the digital transition and then the pandemic, he expressed gratitude that the SBCS sustained robust activity through the heavy lifting by many board members.After welcoming at-large members Gloria Chien from Gonzago University and Trent Pomplum from Notre Dame to their first in-person board meeting, Mark relayed at-large board member Victor Gabriel's regrets for being unable to attend. After each person had updated everyone with whatever seemed most pertinent, we moved to the international advisors's, officers's, and committees's reports.International Advisor ReportsElizabeth Harris from the European Network of Buddhist-Christian Studies began by announcing that the papers from their 2022 conference, "Euro-Buddhism and the Role of Christianity," will be published in 2024 by EOS Verlag. Our journal coeditor, Thomas Cattoi, contributed. Their next conference, titled "A Buddhist-Christian Dialogue on the Body," will be at St. Otillien Benedictine Abbey in Bavaria on June 27–July 1, 2024. She reminded us that they issue an open call for papers that supplement their invited keynote addresses, in part to help scholars get travel funding. The network's conference in 2026 will be held at the Protestant Academy for Mission Studies (EMW) at the University of Hamburg to celebrate the thirtieth anniversary of the network's founding there by Rev. Gerhard Köberlin.She noted that, in the UK... (shrink)

In this paper, I elucidate the main points involved in the question of the non-triviality of the conventionality of simultaneity within the kinematics of special relativity. I argue that there is an important distinction to be made between the inherited component and the sui generis component of the conventionality of simultaneity. The factual core of the kinematics of special relativity is explored, and it is shown that the Round-Trip Clock Retardation effect obtains if, and only if Winnie's Passage Time Principle (...) holds. Some consequences of this fundamental fact are then explored. In particular, Grunbaum's view that the epistemological conventionality of simultaneity is logically prior to the physical inter-frame relativity of simultaneity is found to be based largely on what I call the inherited component of the former. Finally, a question is raised as to the very self-consistency of the claim, made by Ellis and Bowman, that standard signal synchrony and slow-transport synchrony are logically independent. In some concluding remarks, the author's general agreement with Grunbaum's conception of bridled conventionalism is indicated. (shrink)

This chapter contains sections titled: Introduction The Shipwreck of the Richmond and the Duty to Rescue The Ethics of Global Access to Essential Medicines Conclusion References.

According to the Perceptual Analysis of Emotional Expression, behaviors express emotions by making them perceptually manifest. A smile is an expression of joy because an observer who sees a smile can see joy. A pout is an expression of grief because an observer who sees a pout can see grief. And a growl is an expression of anger because an observer who hears a growl can hear anger. The idea is not simply that expressions can enable the perception of emotion, (...) but that expressions essentially do so. In the course of defending this analysis against challenges, I develop a novel account of the relationship between language and expression. (shrink)

A clever argument purports to show that we can directly perceive the emotions of others: (1) some emotional expressions are parts of the emotions they express; (2) perceiving a part of something is sufficient for perceiving the whole; (3) therefore, perceiving some emotional expressions is sufficient for perceiving the emotions they express. My aim in this paper is to assess the extent to which contemporary psychological theories of emotion support the first premise of this argument.

Richard Wollheim claims that speech acts express emotions always in virtue of how they are said and never solely in virtue of what they say. However, it would seem to follow that we cannot express our emotions in writing, since texts preserve what we wish to say without recording how we would wish to say it. I argue that Wollheim’s thesis in fact sheds new light on how authors can and do express their emotions in writing. In short, an author (...) must employ a variety of techniques within appropriate contexts to substitute for the non-verbal behaviours that would express her emotions physically. This substitution constitutes a ‘virtual expression’ just in case it empowers readers to vividly imagine the production of these behaviours. (shrink)

The tripartite model of militant extremist mind-set proposed by Stankov et al. (2010b) includes three components: War (justification of violent acts); God (extremist acts are moral because they are done in the name of God/Allah); and West (violence against Western countries is justified because they are perceived as evil). There is a lack of conceptual framework regarding psychological mechanism that underlie radicalization and extremism, and there is little evidence regarding risk factors for radicalization in the scientific literature. In the present (...) study, it is hypothesized that irrational beliefs and a constellation of personality factors are two possible psychological mechanisms that put adolescents in a vulnerable position and could influence them to develop an extremist mind-set. The sample consists in 295 Romanian adolescents, ages 15-18 years, and the mean age being 16.41. The present study was conducted in several schools from Bihor County located in the north-western part of Romania. Adolescents took part on a voluntary basis in the study after the written, informed consent was obtained from their parents. A confirmatory factor analysis (CFA) on the structure of Militant Extremist Mind-Set Scale confirmed the three-factor model of the extremist mind-set. Two confirmatory factor analyses were also conducted for the other two administered scales: CASI and Mini-IPIP. The results support the previous models for both subscales, including items loading on factors. SEM analysis was performed with AMOS 23 statistical package on a final sample size of 242 participants and there were no missing data. Fifth structural models were specified. The fifth model had adequate fit based on all three indices including the RMSEA (0.054), CFI (0.958), and SRMS (0.047). Global evaluation of self seems to be the only irrational belief that was somewhat related with the extremis mind-set, being part of it. Neuroticism was not identified as being a variable that could have a direct influence on mind-set extremism, or an indirect influence through personality. Religious adherence is a good predictor of extremist ideology. A global personality factor consisting in low Intellect/Imagination, low Extraversion and high Agreeableness seems to be a vulnerability factor that influences people to believe in extremist ideology. (shrink)

William P. Alston argues in “Expressing” (1965) that there is no important difference between expressing a feeling in language and asserting that one has that feeling. My aims in this paper are (1) to show that Alston's arguments ought to have led him to a different conclusion—that “asserting” and “expressing” individuate speech acts at different levels of analysis (the illocutionary and the locutionary, respectively)—and (2) to argue that this conclusion can solve a problem facing contemporary analyses of expressing: the “no (...) show tell” problem, or the problem of accounting for utterances that report feelings truly without expressing them. Alston's paper made an important contribution 50 years ago, and a reimagining of it can make another important contribution today. (shrink)

Can we read emotions in faces? Many studies suggest that we can, yet skeptics contend that these studies employ methods that unwittingly help subjects in matching faces with emotions. Some studies present subjects with posed faces, which may be more exaggerated than spontaneous ones. And some studies provide subjects with a list of emotion words to choose from, which forces them to interpret faces in specific emotion terms. I argue that the skeptics’ challenge rests on a false assumption: that once (...) subjects leave the lab, they no longer receive help in matching faces with emotions. I contend that people receive as much help in the wild as they do in the lab. People unconsciously amplify their spontaneous expressions in the presence of others, thereby making them easier to read. And people teach children to interpret faces in the same specific emotion terms found in the experimenters’ word lists. I argue that we are good at readings emotions in faces because we can normally count on a little help from our friends. (shrink)

I offer a novel view of the mechanisms underlying the spontaneous facial expression of emotion. According to my Social Amplification View, facial expressions result from the interplay of two processes: an emotional process that activates specific facial muscles, though not always to the point of visible contraction, followed by a social cognitive process that amplifies these activations so that they may function more effectively as social signals. I argue that SAV outperforms both the Neurocultural View and the Behavioral Ecology View, (...) as well as previously proposed syntheses of these views, in accounting for various empirical findings. (shrink)

Journal of Social Philosophy, Volume 52, Issue 1, Page 50-71, Spring 2021.

It seems reasonable enough to assume that superheroes are heroes. First, heroes act to safeguard others. Second, heroes safeguard those around them, near or far, in a manner that's moral. Third, heroes safeguard those around them in an altruistic manner; they selflessly help others. Fourth, heroes safeguard those around them in a manner that is atypical, in ways that the unheroic are unwilling to act. Wonder Woman performs her daring feats, that is, with the agility of Mercury and the steel (...) sinews of a Hercules. Wonder Woman was always intended to be inspirational, to be an ideal toward which we could aspire. Her roots in feminism are testimony to this. This chapter considers the feminism that Marston reflects in Wonder Woman, freed and strengthened by supporting one another, women develop enormous physical and mental power, for using it to save the world from the hatreds and wars of men, and help humanity to find maturity. (shrink)

I expand upon Kristie Dotson's concept of “epistemic violence” by identifying another type of epistemic violence that arises in the context of nonverbal communication. “Emotional misperception,” as I call it, occurs when the following conditions are met: A misreads B's nonlinguistic expression of emotion, owing to reliable ignorance, harming B.

Charles Sanders Peirce famously distinguishes between three types of sign, depending on how the sign refers to its object. An "icon" refers by resemblance. An "index" refers by a physical connection. And a "symbol" refers by habit or convention. Peirce allows for signs to refer in more ways than one—onomatopoeias refer both by resemblance and by convention, for instance 1—but he insists that there are no further ways in which signs can refer to their objects.In this paper I shall argue (...) that emotional expressions—e.g. cries of sadness, laughs of amusement, and scowls of anger—refer to emotions neither by... (shrink)