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18Do Surgical Trials Meet the Scientific Standards for Clinical TrialsJournal of the American College of Surgeons 215 (5): 722-730. 2012.
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6Intellectual property and biotechnology: the European debateKennedy Institute of Ethics Journal 17 (2): 69. 2007.The European patent system allows for the introduction of moral issues into decisions about the granting of patents. This feature has
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87Is Futility a Futile Concept?Journal of Medicine and Philosophy 20 (2): 123-144. 1995.This paper distinguishes four major types of futility (physiological, imminent demise, lethal condition, and qualitative) that have been advocated in the literature either in a patient dependent or a patient independent fashion. It proposes five criteria (precision, prospective, social acceptability, significant number, and non-agreement) that any definition of futility must satisfy if it is to serve as the basis for unilaterally limiting futile care. It then argues that none of the definitions …Read more
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34Methodological and Conceptual Issues in Health Care System Comparisons: Canada, Norway, and the United StatesJournal of Medicine and Philosophy 18 (5): 437-463. 1993.There is a growing interest in comparison of international health care data with the hope that such studies will enable individual systems to learn from other systems. Such comparisons, however, presuppose that there exist common criteria for evaluating health care systems. The main thesis of this paper is that these comparative studies are misleading because they employ inappropriate operationalizations of these criteria because the operarionalizations are based upon mistaken global conceptuali…Read more
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38Reid and Hamilton on PerceptionThe Monist 55 (3): 423-441. 1971.Until a few years ago, the works of Thomas Reid were known only by specialists in the history of philosophy, and, insofar as people did think at all about Reid and his school of common sense philosophy, it was generally thought that Kant had been right in dismissing them as naive thinkers who did not really understand what philosophical skepticism was all about. This attitude about Reid changed very rapidly in recent years. More and more people now realize that Reid was one of the most important…Read more
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2Hume, Reid, and Kant on causalityIn Stephen Francis Barker & Tom L. Beauchamp (eds.), Thomas Reid: Critical Interpretations, University City Science Center. pp. 3-8. 1976.
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25The use of halakhic material in discussions of medical ethicsJournal of Medicine and Philosophy 8 (3): 317-328. 1983.In this paper questions are raised about the use of Halakhic material discussions of medical ethics. Three ways in which one might use Halakhic material in such discussions are distinguishes: (a) as a source for ideas about medical ethics which can be defended independently of their origin; (b) as a basis for mandating certain forms of behaviour for members of the Jewish faith; (c) as the basis for claims about the Jewish view on disputed topics in medical ethics. The first two raise no methodic…Read more
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28Moral Theory and Moral Judgments in Medical EthicsSpringer. 1988.The first book to be devoted to the logic behind the application of ethical theories, this collection of essays explores the question of how many different moral traditions (utilitarianism, natural rights theory, Marxism, Christian moral theology, and Kantianism among others) view the relation between theory and concrete judgments. By considering many applications of moral theory in medical ethics the authors illustrate their point.
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67Traditional knowledge and intellectual propertyKennedy Institute of Ethics Journal 20 (3): 231-249. 2010.In a recent article (Brody 2010), I analyzed the debates surrounding charges of biopiracy, that is, charges that developed countries use biotechnology patents to expropriate the biological/genetic heritage of less developed countries. Such charges often are accompanied by the additional charge that biotechnology patents are used to expropriate the traditional knowledge about the use of these resources possessed by indigenous communities in less developed countries. It is this second charge that …Read more
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3Limiting Life-Prolonging MedicalIn Ruth Ellen Bulger, Elizabeth Meyer Bobby & Harvey V. Fineberg (eds.), Society's Choices: Social and Ethical Decision Making in Biomedicine, National Academy Press. pp. 307. 1995.
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33Assessing empirical research in bioethicsTheoretical Medicine and Bioethics 14 (3). 1993.Empirical research can aid ethical reflection in bioethics by identifying issues, by seeing how they are currently resolved, and by assessing the consequences of these current resolutions. This potential can be misused when the ethical issues in question are fundamentally non-consequentialist or when they are consequentialist but the empirical research fails to address the important consequences. An example of the former problem is some recent studies about bad consequences resulting from commer…Read more
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106Intellectual property and biotechnology: The european debateKennedy Institute of Ethics Journal 17 (2): 69-110. 2007.: The European patent system allows for the introduction of moral issues into decisions about the granting of patents. This feature has greatly impacted European debates about the patenting of biotechnology. This essay explores the European experience, in both the European Union and the European Patent Organization. It argues that there has been great confusion surrounding these issues primarily because the Europeans have not developed a general theory about when exclusion from patentability is …Read more
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15Social and Political Philosophy: Contemporary ReadingsCengage Learning. 1999.[TofC cont.] Social ideals: Justice, A utilitarian theory of justice / J.S. Mill, Egalitarianism with changed motivation / G. Cohen; Equality, Multidimensional equality / M. Walzer, Equality of capacity / A. Sen; Liberty, rights, property, and self-ownership, A defense of the primacy of liberty rights / L. Lomasky, Atomism and the primacy of rights / C. Taylor -- Social institutions: Education, Educating about familial values / W. Galston, For vouchers and parental choice / M. Friedman; Family, …Read more
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20Quality of scholarship in bioethicsJournal of Medicine and Philosophy 15 (2): 161-178. 1990.This paper identifies four major forms of scholarship in bioethics: empirical research, the articulation of mid-level principles of bioethics, the relating of these principles to fundamental moral theories, and discussions of the bioethical implications of legal principles and health delivery policies. It develops a reflective equilibrium approach to the relation between these four forms of scholarship. It then presents, in light of this approach, criteria for quality research in each of these f…Read more
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6IndexIn Graeme Forbes (ed.), Identity and Essence, Princeton University Press. pp. 163-165. 1981.
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16The role of philosophy in public policy and bioethics: introductionJournal of Medicine and Philosophy 15 (4): 345-346. 1990.
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