The immoral gene: Does it really exist?

Over the last years several European patents were opposed for protecting technology violating the morality requirement under Article 53(a) EPC. Attempts have been made by the Appeal Boards of the European Patent Office (EPO), as well as by amendments introduced into the Implementing Regulations of the European Patent Convention (EPC), to address this sensitive patentability requirement more precisely. The most recent hot topic coming up in this context is the patentability of stem cells. It is to be expected that this discussion will still go on in the field of biotechnological inventions for the next several years. An earlier version of this paper was presented at an international conference, “The Ethics of Intellectual Property Rights and Patents,” held in Warsaw, Poland on 23–24 April, 2004.     

Some ethical and legal issues in Germany involving informed consent and patenting

This paper elaborates on discussions in Germany regarding some of the ethical and legal issues in the area of the use and patenting of inventions involving human tissue. The issues discussed pertain to the benefits and problems regarding informed consent and the issue of property rights as they relate to the donation of cells and tissue. An earlier version of this paper was presented at an international conference, “The Ethics of Intellectual Property Rights and Patents,” held in Warsaw, Poland on 23–24 April, 2004.     

Nanotechnology — A new field of ethical inquiry?

Parallel to the public discussion on the benefits and risks of nanotechnology, a debate on the ethics of nanotechnology has begun. It has been postulated that a new “nano-ethics” is necessary. In this debate, the — positive as well as negative — visionary and speculative innovations which are brought into connection with nanotechnology stand in the foreground. In this contribution, an attempt is made to discover new ethical aspects of nanotechnology in a more systematic manner than has been the case. It turns out that there are hardly any completely new ethical aspects raised by nanotechnology. It is much rather primarily a case of gradual shifts of emphasis and of relevance in questions which, in principle, are already known and which give reason for ethical discussions on nanotechnology. In a certain manner, structurally novel ethical aspects arise through the important role played by visions in the public discourse. New questions are also posed by the fact that previously separate lines of ethical reflection converge in the field of nanotechnology. The proposal of an independent “nano-ethics”, however, seems exaggerated.     

Against over-estimating the role of ethics in technology development

The role of ethics in technology development has been often questioned, especially in the early days of societal reflection of technology. However, the situation has changed dramatically. Ethical consideration now is generally declared to be indispensable in shaping technology in a socially acceptable and sustainable way. The expectations of ethics are large; often even a kind of “New Ethics” is postulated. In the present paper an over-estimation of the role of ethics for technology development is rejected. It is argued that ethical reflection is, indeed, indispensable in certain problem areas and situation types; but there is, on the other hand, space for technology development free from the requirement for ethical reflection. The absence of a requirement for ethical reflection, however, always has to be considered relative to some “morale provisoire” (provisional morality) as an accepted normative framework within which technology development may occur without explicit ethical reflection. If this framework, however, is doubted or is shown to be insufficient the situation changes completely. Ethical reflection in this case becomes necessary, to consider this normative framework in order to offer modifications or supplements.     

Patents and ethics: Is it possible to be balanced?

In this presentation, principles of ethics are confronted with the desire of the inventor to make a profit. To this end the presentation is focused on patent protection. Patents should guarantee the return of an inventor’s investment and profit and, on the other side, ensure availability — by patent disclosure — of the invention for the society when the patent terminates. Recent patent applications made by inventors are infringing this principle and societies are paying an unexpected price for these practices. Patent claims are too broad and disclosures too poor. Extreme examples will be discussed. An earlier version of this paper was presented at an international conference, “The Ethics of Intellectual Property Rights and Patents,” held in Warsaw, Poland on 23–24 April, 2004.     

Conflict of interest in medicine in Lithuania: legal and ethical aspects

The current legal framework within the Lithuanian health system is described including a review of the physician’s autonomy, rights and duties, and patients’ rights including the right to reimbursement. The role of ethical codes and the law are discussed. An earlier version of this paper was presented at an International Conference on “Conflict of Interest and its Significance in Science and Medicine” held in Warsaw, Poland on 5–6 April, 2002.     

Property rights and genetic engineering: Developing nations at risk

Eighty percent of (commercial) genetically engineered seeds (GES) are designed only to resist herbicides. Letting farmers use more chemicals, they cut labor costs. But developing nations say GES cause food shortages, unemployment, resistant weeds, and extinction of native cultivars when “volunteers” drift nearby. While GES patents are reasonable, this paper argues many patent policies are not. The paper surveys GE technology, outlines John Locke’s classic account of property rights, and argues that current patent policies must be revised to take account of Lockean ethical constraints. After answering a key objection, it provides concrete suggestions for implementing its ethical conclusions.     

Taking Law Seriously: Starting Points of the Hart/Devlin Debate*

The famous mid-20th century debate between Patrick Devlin and Herbert Hart about the relationship between law and morality addressed the limits of the criminal law in the context of a proposal by the Wolfenden Committee to decriminalize male homosexual activity in private. The original exchanges and subsequent contributions to the debate have been significantly constrained by the terms in which the debate was framed: a focus on criminal law in general and sexual offences in particular; a preoccupation with the so-called “harm principle,” a sharp delineation of the realms of law and morality, and a static conception of the relationship between them. This article explores the limitations imposed by these various starting-points and argues for a holistic and symbiotic understanding of the relationship between law and morality. * Thanks to Tony Connolly, Leighton McDonald and Niki Lacey for penetrating and suggestive comments on previous versions.     

Cheating on Exams in the Iranian EFL Context

The present study aimed at investigating the status of cheating on exams in the Iranian EFL context. One hundred thirty two university students were surveyed to this end. They were selected through convenient sampling. The results indicated that cheating is quite common among the Iranian language students. The most important reasons for this behavior were found to be “not being ready for the exam”, “difficulty of the exam”, “lack of time to study” and “careless and lenient instructors”. The study also indicated that the most common methods of cheating are “talking to the adjacent individuals”, “copying from others' test papers”, and “using gestures to get the answers from others”. It was also found that the student’s field of study, academic level, and occupational status had a significant effect on cheating whereas gender and marital status had no effect in this regard. Furthermore, it became clear that field of study and occupational status had a significant effect on students’ attitude toward cheating whereas gender, academic level and marital status had no effect. Finally, the study indicated that age significantly correlated with cheating and attitude toward cheating.     

The evaluation of european expenditure: The current state of play

Moving evaluation to the “best practice frontier” is a laborious task at any level of government. At the level of the European Union, better budget performance is a shared responsibility of the main European institutions as well as of the individual national and regional governments, while specific budgetary factors complicate matters further. To increase the transparency of decision making at the Union level and of the value for money of the approximately 80 billion ecus spent annually through the European budget, the Coucil, European parliament and the Commission have stepped up evaluation efforts over the last few years. Marc Vanheukelen, M.Sc. in economics, is Head of Sector “Budget Evaluation” in the Directorate General of Budgets in the European Commission. Aside from evaluation methodology, his research interests include the economics of integration and public finance federalism. This article reflects the views of the author and not necessarily those of the European Commission.     

A New Form of Agent-Based Virtue Ethics

In Morals From Motives, Michael Slote defends an agent-based theory of right action according to which right acts are those that express virtuous motives like benevolence or care. Critics have claimed that Slote’s view— and agent-based views more generally— cannot account for several basic tenets of commonsense morality. In particular, the critics maintain that agent-based theories: (i) violate the deontic axiom that “ought” implies “can”, (ii) cannot allow for a person’s doing the right thing for the wrong reason, and (iii) do not yield clear verdicts in a number of cases involving “conflicting motives” and “motivational over-determination”. In this paper I develop a new agent-based theory of right action designed to avoid the problems presented for Slote’s view. This view makes morally right action a matter of expressing an optimal balance of virtue over vice and commands agents in each situation to improve their degree of excellence to the greatest extent possible.     

Wen,Haiming, <Emphasis Type="Italic">Confucian Pragmatism as the Art of Contextualizing Personal Experience and World</Emphasis>

Certain discussions about “relativism” in the philosophy of Zhuangzi turn on the question of the morality of his dao 道. Some commentators, most notably Robert Eno, maintain that there is no ethical value whatsoever to Zhuangzi’s dao as presented in the Cook Ding episode and other “knack passages.” In this essay, it is argued that there is indeed a moral dimension to Cook Ding’s dao. One way to recognize it is to explore the similarity between that dao and John Dewey’s notion of educational method. There are moral traits that Dewey can appeal to in recommending his method. It is argued here that these traits represent the moral features of Cook Ding’s dao as well.     

Placebo in the investigation of psychotropic drugs,especially antidepressants

The paper presents major ethical, legal and methodological problems related to the use of placebo in mental disorders, especially in depression. It is pointed out that although authoritative groups of experts and numerous publications in the field of psychopharmacology indicate advisability of the double blind design with placebo in clinical trials of antidepressants, in recent years there have been more and more voices questioning legitimacy of this method. Objections of an ethical nature are raised, and reliability of this approach is put into doubt from the methodological viewpoint. These issues are discussed in more detail in the paper. Available alternative solutions should be implemented in psychotropic drug studies. The author shares these objections and doubts of an ethical nature, and believes that the placebo procedure is not a necessity in clinical trials of antidepressants. An earlier version of this paper was presented at an international conference, “Placebo: Its Action and Place in Health Research Today,” held in Warsaw, Poland on 12–13 April, 2003.     

Natural paths to invention: Reinventing the wheel

Four studies explored candidate pathways underlying the invention of the “wheeled cart.” In Study 1, heuristics were abstracted from subjects’ judgements of different precursor paths to the wheeled cart. In Studies 2 and 3, these heuristics were tested for generality across different precursor paths. In Study 4, subjects ranked the order of incorporating parts into the wheeled cart. While the studies cannot “prove” that the wheeled cart developed in one of the candidate ways, they show that interesting and important heuristics of invention can be uncovered from subject’s judgements. Examining candidate paths to important inventions is a method worthy of exploration. Together, the four studies indicate that important historical inventions might be examined experimentally. Doing so yields potentially important invention heuristics.     

Natural paths to invention: Reinventing the wheel

Four studies explored candidate pathways underlying the invention of the “wheeled cart.” In Study 1, heuristics were abstracted from subjects’ judgements of different precursor paths to the wheeled cart. In Studies 2 and 3, these heuristics were tested for generality across different precursor paths. In Study 4, subjects ranked the order of incorporating parts into the wheeled cart. While the studies cannot “prove” that the wheeled cart developed in one of the candidate ways, they show that interesting and important heuristics of invention can be uncovered from subject’s judgements. Examining candidate paths to important inventions is a method worthy of exploration. Together, the four studies indicate that important historical inventions might be examined experimentally. Doing so yields potentially important invention heuristics.     

Boltzmann and Wittgenstein or How Pictures Became Linguistic

Emphasis in historiography of science is naturally placed on the discoveries and inventions which scientists make and generally less on new methods of doing science, but sometimes the latter can he an important clue to help us understand the former. For example, while we all acknowledge how great the contributions of Maxwell, Boltzmann, Planck, and Einstein were to physics from roughly 1870 to 1920, we often overlook the significance of a methodological phrase which was popular during that same period, namely, what in German was called “Bildtheorie” or in English “picture theory”. But even before we can properly study its significance we have to know what the theory was, but even this presents problems, since the meaning changed. In fact, this paper is an attempt not only to describe the history of that change from Maxwell to Wittgenstein but to study in particular how Boltzmann’s conception of Bildtheorie seems to have been at least partly incorporated into the approach of Ludwig Wittgenstein. This revised version was published online in June 2006 with corrections to the Cover Date.     

Applying evidence to support ethical decisions: Is the placebo really powerless?

Using placebos in day-to-day practice is an ethical problem. This paper summarises the available epidemiological evidence to support this difficult decision. Based on these data we propose to differentiate between placebo and “knowledge framing”. While the use of placebo should be confined to experimental settings in clinical trials, knowledge framing — which is only conceptually different from placebo — is a desired, expected and necessary component of any doctor-patient encounter. Examples from daily practice demonstrate both, the need to investigate the effects of knowledge framing and its impact on ethical, medical, economical and legal decisions. An earlier version of this paper was presented at an international conference, “Placebo: Its Action and Place in Health Research Today,” held in Warsaw, Poland on 12–13 April, 2003.     

Technological paternalism: On how medicine has reformed ethics and how technology can refine moral theory

The objective of this article is to investigate ethical aspects of technology through the moral term “paternalism”. The field of investigation is medicine. The reason for this is twofold. Firstly, “paternalism” has gained moral relevance through modern medicine, where physicians have been accused of behaving paternalistic and threatening patients’ autonomy. Secondly, medicine is a brilliant area to scrutinise the evaluative aspects of technology. It is argued that paternalism is a morally relevant term for the ethics of technology, but that its traditional conception is not adequate to address the challenges of modern technology. A modification towards a “technological paternalism” is necessary. That is, “technological paternalism” is a fruitful term in the ethics of technology. Moreover, it is suited to point out the deficiencies of the traditional concept of paternalism and to reform and vitalise the conception of paternalism in ethics in order to handle the challenges of technology.     

What’s Different,Ethically, About Nanotechnology?: Foundational Questions and Answers

Whether nanotechnology is ethically unique and “nanoethics” should be treated as a field in its own right remain important, contested issues. This essay seeks to contribute to the debates on these issues by exploring several foundational questions about the relationship of ethics and nanotechnology. Ethical issues related to nanotechnology exist and adoption of a defeasible presumption that such issues amount to old ethical wine in new technological bottles appears justified. Such issues are not engendered solely by intrinsic features of the nanotechnology field, but also by contingent features of the social contexts in which work in the field unfolds. The sets of factors that engender ethical issues related to nanotechnology are combinations of social-contextual and technical elements. While there do not appear to be any qualitatively new nanotechnology-related ethical issues, nanotechnology is different, ethically, from other fields of technical inquiry in at least two ways. To avoid diluting ethical concern about nanotechnology and revival of the noxious notions of autonomous technology and technological determinism, thinking, writing, and speaking about ‘nanoethics’ should yield to thinking, writing, and speaking about ‘ethical issues related to nanotechnology in society.’ Finally, nanotechnology practitioners should become familiar with the ethical dimension of their work.