Ethical issues at the university-industry interface: A way forward?

This paper forms an introduction to this issue, the contents of which arose directly or indirectly from a conference in May 2001 on Corruption of scientific integrity? — The commercialisation of academic science. The introduction, in recent decades, of business culture and values into universities and research institutions is incompatible with the openness which scientific and all academic pursuit traditionally require. It has given rise to a web of problems over intellectual property and conflict of interest which has even led to corporate sponsors’ suppressing unfavourable results of clinical trials, to the detriment of patients’ health. Although there are those who see the norms of science developing to recognise the importance of instrumental science aiming at specific goals and of knowledge judged by its value in a context of application, none justifies the covert manipulation of results by vested interest.Public awareness of these problems is growing and creating a climate of opinion where they may be addressed. We suggest a way forward by the introduction of nationally and internationally-accepted guidelines for industrial collaboration which contain proper protections of the core purposes of universities and of the independence of their research. Some codes suggested for this purpose are discussed. We note that some universities are moving to adopt such codes of conduct, but argue the need for strong support from the government through its funding bodies.     

Ecological issues of justice

In the first part of this article the author explores the implications for justice of the wider range of parties holding moral standing that environmental ethics has recently disclosed. These implications concern the equitable treatment of future generations and nonhuman creatures, and are relevant both to policies, such as approaches to global warming, and procedures, which may need to be revised to give an equitable voice to unrepresented interests. Later the author considers some radical implications of regarding humanity as stewards of the planetary environment, a view defended in his recent book Creation, Evolution and Meaning. If all adult humans have this role, but many are prevented from discharging it by poverty and related constraints, then those who are thus disempowered need to be empowered to exercise this role. This requirement of equity would arise not from their moral patienthood but from what is involved in respecting them as moral agents. Some approaches to tackling global warming are considered in this connection.     

International Human Rights and National Discretion

This paper argues that the EuropeanCourt of Human Rights couldserve as a model for an international court ofhuman rights to be builtupon the United Nations Committee on HumanRights. It argues that theconcerns states might have over the surrenderof a significant portion oftheir national sovereignity might be lessenedif such an internationalcourt were to incorporate the margin ofappreciation doctrine employed bythe European Court of Human Rights. Thisdoctrine is intended to respectthe customs and traditions of sovereign statesin dealing with humanrights issues, while maintaining that somerights such as the right not tobe tortured will be considered as basic andwill stand independently ofthe customs and traditions of sovereignstates.     

Following the Path to Equality Through Law: Reflections on Baker et al., <Emphasis Type="Italic">Equality: from Theory to Action</Emphasis>

This article assesses the significance of Baker et al., Equality: from Theory to Action from the perspective of current concerns occupying legal equality scholars in the UK, focusing in particular on the practical relevance of equality studies to the kinds of issues arising from the debate over the new Commission for Equality and Human Rights (CEHR). The article highlights and considers key issues, including the delineation of the sphere of inequality protection, the normative content of the concept of equality espoused by law and the potential of law to reach beyond its current limits to embrace the broader dimensions of (in)equality identified in Baker et al.’s account.     

It is time for a general comment on children’s spiritual development

Reviewing the general comments by the Committee on the Rights of the Child (CRC) and the state reports to the CRC reveal a mixed picture. How could a general comment by CRC on the right to spiritual development assist states in their policies and programmes? First, current understandings of spiritual well-being – one’s relationship to oneself, others, nature and the transcendent – encompass all relevant dimensions of meaning-making, enhanced awareness and connectedness. Second, the CRC has elaborated on spiritual development in 16 of its 21 general comments, providing sources from which a comprehensive elaboration can be done. Third, the understanding of the term spiritual is diverse among states. Fourth, a general comment will clarify the term spiritual development and inspire and guide relevant policies and programmes.     

Different types—Different rights

Drawing on a social construction theory of ownership in biological material this paper discusses which differences in biological material might motivate differences in treatment and ownership rights. The analysis covers both the perspective of the person from whom the material originates and that of the potential recipient. Seven components of bundles of rights, drawing on the analytical tradition of Tony Honoré, and their relationship to various types of biological material are investigated. To exemplify these categories the cases of a heart, a kidney, stem cells and hair are used.     

从动物权利的讨论看道德的交互性本质

道德的交互性是人类道德生活的基本特征之一。有关动物权利的讨论能为我们清楚地揭示出这一点。它主要指向收益和负担之间的某种程度的均衡,对人类的道德实践提出了真正的挑战。     

Reply to Wilkinson

In his review of my book Whose Body is It Anyway, Wilkinson criticises the view (which I defend) that confiscating live body parts for the sake of the needy is (under some circumstances) a requirement of justice. Wilkinson makes the following three points: (a) the confiscation thesis is problematic on its own terms; (b) there is a way to justify coercive resource transfers without being committed to it; (c) the thesis rests on a highly questionable approach to the status of the body. Wilkinson’s paper is challenging, and some of his points are well taken. On the whole, however, it does not constitute an insurmountable challenge for my thesis.

Public Health Principlism: The Precautionary Principle and Beyond

What accounts for the continued lack of clarity over the legal procedures for the patenting of DNA sequences? The patenting system was built for a "bricks-and-mortar" world rather than an information economy. The fact that genes are both material molecules and informational systems helps explain the difficulty that the patent system is going to continue to have.     

Defense

This paper is an exploration of the nature of what is perhaps the most widely recognized justification for inflicting harm on human beings: the appeal to defense (self-defense and other-defense). I develop and defend a rights-based account of the appeal to defense that takes into account whether and to what degree both the aggressor and his potential victim are morally responsible for the relevant threat. However, unlike most extant rights-based accounts, mine is not a forfeiture account. That is, I do not attempt to explain the permissibility of defense in terms of the aggressor’s loss of a right not to be harmed. Instead I appeal directly to the fact that defense in the relevant cases prevents the aggressor from infringing upon the rights of his potential victim. Accordingly, I call my account a “prevention account.”