Frans Brom

In this article, we sketch a new approach to law and ethics. The traditional paradigm, exemplified in the debate on liberal moralism, becomes increasingly inadequate. Its basic assumptions are that there are clear moral norms of positive or critical morality, and that making statutory norms is an effective method to have citizens conform to those norms. However, for many ethical issues that are on the legislative agenda, e.g. with respect to bioethics and anti-discrimination law, the moral norms are controversial, vague or still evolving. Moreover, law proves not to be a very effective instrument. Therefore, we need a new paradigm, both for descriptive and for normative analysis. This interactive paradigm, as a normative position, can be summarised in two theses. The process of legislation on ethical issues should be structured as a process of interaction between the legislature and society or relevant sectors of society, so that the development of new moral norms and the development of new legal norms may reinforce each other. And legislation on ethical issues should be designed in such a way that it is an effective form of communication which, moreover, facilitates an ongoing moral debate and an ongoing reflection on such issues, because this is the best method to ensure that the practice remains oriented to the ideals and values the law tries to realise.

Synthetic biology aims at designing biological systems, at building ‘living machines’. The emergence of synthetic biology has reignited the cycle of public debate. The old biotechnology debate is being reiterated and the controversies are deepened. The societal debate follows the technological hype cycle. A new technology with a high visibility and high expectations also raises high controversies. For synthetic biology, this hype is currently near its peak and the first signs of disillusionment are getting visible. In policy development, on the other hand, synthetic biology is in the early stages. Governments examine the need for adaptations to existing regulatory frameworks. There is a gap between the visibility of the technological developments and policy formulation. This gap is crucial for technology assessment: while the hype in public attention is over, essential policy steps are taken. In order to close this gap, technology assessment needs to facilitate the societal–ethical debate when media attention, and thus the visibility of the technological developments, declines

Food trade is of economic importance for both developed and developing countries. Food, however, is a special commodity. Firstly, the lack of food -- hunger, under-nourishment, and starvation -- is one of the world's pressing moral problems. But food is not only special because it is necessary for our survival; food is also special because it is strongly related to our social and cultural identity. Two recent transatlantic trade conflicts over food -- over the use of artificial growth hormones in beef production and over the use of biotechnology in food production -- show that food is a specific commodity. In these trade-conflicts, the obligations flowing from free-trade treaties collide with the cultural and social meanings of food. Current international trade agreements neglect this point and force countries to fight their case in the field of food safety science. This causes a bias in the discussion. Europe's resistance towards artificial growth hormones and GM-food is not strictly science based; it is also culture based. For a fair resolution of trade-conflicts, this needs to be accommodated in international trade legislation. With the help of the notion of public reason I defend that precaution with regard to scientific uncertainty, and the possibility for compulsory labelling with regard to sensitive non-nutritional properties of foodstuffs, need to be incorporated in international food trade regulations.

This special issue of the Journal of Agricultural and Environmental Ethics presents so-called ethical tools that are developed to support systematic public deliberations about the ethical aspects of agricultural biotechnologies. This paper firstly clarifies the intended connotations of the term “ethical tools” and argues that such tools can support liberal democracies to cope with the issues that are raised by the application of genetic modification and other modern biotechnologies in agriculture and food production. The paper secondly characterizes the societal discussion on agricultural biotechnology and defends the thesis that normative perspectives fuel this discussion, so one cannot come to grips with this discussion if one neglects these perspectives. The paper thirdly agrues that no such thing exists as “one” societal debate in which these issues should be discussed. There are several interwined debates, and different actors participate in different discourses. Some practical instruments are necessary in order to include the right issues in these debates. These instruments will be coined as “ethical tools,” since they are practical instruments that can be used (tools) in order to support debates and deliberative structures for a systematic engagement with ethical issues (hence, ethical tools). Finally, the paper clarifies the ethics of these ethical tools and presents the tools as discussed in the remainder of this special issue: 1) tools to include ethical issues in public consulation and involvement; 2) tools to support systematic reflection upon ethical issues in decision-making; and 3) tools to support explicit communication about values in the food chain

In this article, we sketch a new approach to law and ethics. The traditional paradigm, exemplified in the debate on liberal moralism, becomes increasingly inadequate. Its basic assumptions are that there are clear moral norms of positive or critical morality, and that making statutory norms is an effective method to have citizens conform to those norms. However, for many ethical issues that are on the legislative agenda, e.g. with respect to bioethics and anti-discrimination law, the moral norms are controversial, vague or still evolving. Moreover, law proves not to be a very effective instrument. Therefore, we need a new paradigm, both for descriptive and for normative analysis. This interactive paradigm, as a normative position, can be summarised in two theses. The process of legislation on ethical issues should be structured as a process of interaction between the legislature and society or relevant sectors of society, so that the development of new moral norms and the development of new legal norms may reinforce each other. And legislation on ethical issues should be designed in such a way that it is an effective form of communication which, moreover, facilitates an ongoing moral debate and an ongoing reflection on such issues, because this is the best method to ensure that the practice remains oriented to the ideals and values the law tries to realise.

The leading question of this article is whether it is acceptable, from a moral point of view, to take wild animals that are ill out of their natural habitat and temporarily bring them under human control with the purpose of curing them. To this end the so-called 'seal debate' was examined. In the Netherlands, seals that are lost or ill are rescued and taken into shelters, where they are cured and afterwards reintroduced into their natural environment. Recently, this practice has been criticised because it is thought to interfere with the wildness of the animals and population. In this research, the moral assumptions behind the arguments of both the proponents and opponents of sheltering have been analysed within a morally pluralistic framework. It is concluded that sheltering on too large a scale would be contrary to the efforts of the last few decades to maintain an independent or wild seal population, which means that a certain amount of caution is called for. However, in the current situation there is no decisive reason to completely prohibit shelters either. Good arguments can even be given in favour of sheltering. It also becomes clear that the acceptability of sheltering wild animals depends on the specific circumstances in which an animal is encountered.

Consumer concerns pop up. They are relatedto the safety of agrifood products for people, foranimals, and for the environment as well as the socialand ethical implications of certain agrifoodproduction methods. At first sight, the WTO agreementand the SPS and TBT agreements appear to offersufficient legal scope to deal with these concerns andresolve trade conflicts. The events of recent years,however, have shown the limitations of theseagreements in dealing with cultural differencesbetween nations and in dealing with the social andpolitical pressure on national governments to lay downrestrictive, trade distorting measures. It is vitalthat we consider the dynamic relationship betweennational governments, civil society, and the market.In the United States, Canada, and Europe, thisrealization is growing. We propose that these issuesshould be studied by experts in several disciplines:technical experts, hygiene experts and veterinarians,public administration experts, lawyers, philosophers,ethicists, sociologists, and, of course, economists.To unite these disciplines and provide a platform fordiscussion in the light of international tradeliberalisation, the cultural identity of distinctcommunities, and the functioning of the democraticnation state an international network is needed. Wetherefore propose establishing a network to explorethe issues and dynamics described above. The networkshould be international and interdisciplinary withparticipants, initially, from science and government.The purpose of the network would be to present newperspectives to the negotiating parties in the nextWTO round. The first steps to development of thisnetwork have since been taken and an initial group hasbeen established.

Three types of concern for animal welfare are widelyheld: Animals should feel well, they should function well, andthey should lead natural lives. The paper deals with a well-knownanswer to the question of why such concerns are morallyappropriate: Human beings have direct duties towards animals,because animals are beings that can flourish, the flourishing ofanimals is intrinsically or inherently valuable, and that whichis conducive to their flourishing is a legitimate object of moralconcern. Looking for a tenable conception of direct dutiestowards animals, the following questions are discussed: Whatshould we take it to mean that ``animal flourishing isintrinsically or inherently valuable?'''' Under what conditions doesa living being''s ability to flourish create direct duties towardsthis being? Is awareness or sentience required for there to bedirect duties towards a living being? Does such a requirementimply that moral concerns for animals would be limited to theirfeeling well, or does it also give way to having moral concernsfor their functioning well and leading natural lives? Can onetake into account considered judgements that claim that towardsdifferent animals we have moral duties that differ in kind and/orstrength? If environmental ethics cannot be based on theconception of direct duties here discussed, should one draw adistinction between duties towards ourselves, our fellow humanbeings, or animals, and duties regarding plants, or collectiveentities such as populations, species, and ecosystems?