This editorial explores the concept of ethics, law and technology within the context of policymaking. It draws upon the concepts of argument, concern and risk, alongside a presentation of the importance of utilizing a broad range of methods and perspectives in research in order to ensure good quality governance.
{"title":"Ethics, Law, Technology and Policymaking: An Editorial","authors":"A. M. Cutter, B. Gordijn","doi":"10.2202/1941-6008.1115","DOIUrl":"https://doi.org/10.2202/1941-6008.1115","url":null,"abstract":"This editorial explores the concept of ethics, law and technology within the context of policymaking. It draws upon the concepts of argument, concern and risk, alongside a presentation of the importance of utilizing a broad range of methods and perspectives in research in order to ensure good quality governance.","PeriodicalId":88318,"journal":{"name":"Studies in ethics, law, and technology","volume":"3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2009-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1941-6008.1115","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68799471","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Consumer demand for new products within the cosmetics and toiletries industry has encouraged the industry increasingly to incorporate and experiment with new products and processes, including nanotechnologies. A number of cosmetic products which claim to incorporate engineered nano-materials have already entered the market and include, for instance, anti-ageing creams, make up, hair care products, cleansers and moisturisers. While the use of engineered nano-materials within cosmetics offers a range of benefits, including increased transparency and solubility, there has been increasing debate over the potential risks associated with a number of the nano-materials already found in these products. While such concerns are not unique to the cosmetics sector, due to the direct application of these products onto the human skin, concern has been expressed over the potential health effects of nanotechnology-based cosmetics. This is despite the fact that cosmetic products are subject to regulatory controls within every jurisdiction in which they are sold. With debate over the safety of cosmetics containing nano-materials likely to escalate in line with the number of products entering the marketplace, this article examines the adequacy of the current regulatory framework for cosmetics containing nanoscale materials within one of the worlds largest cosmetic's market, the European Union. Two case studies are presented, and the effectiveness of the Cosmetics Directive is examined by reference to these two products. By drawing on this analysis, the article articulates the strengths and weaknesses of the current regulatory regime, and discusses how these may be addressed under the proposed new regulatory framework.
{"title":"Flawless or Fallible? A Review of the Applicability of the European Union's Cosmetics Directive in Relation to Nano-Cosmetics","authors":"D. Bowman, Geert van Calster","doi":"10.2202/1941-6008.1056","DOIUrl":"https://doi.org/10.2202/1941-6008.1056","url":null,"abstract":"Consumer demand for new products within the cosmetics and toiletries industry has encouraged the industry increasingly to incorporate and experiment with new products and processes, including nanotechnologies. A number of cosmetic products which claim to incorporate engineered nano-materials have already entered the market and include, for instance, anti-ageing creams, make up, hair care products, cleansers and moisturisers. While the use of engineered nano-materials within cosmetics offers a range of benefits, including increased transparency and solubility, there has been increasing debate over the potential risks associated with a number of the nano-materials already found in these products. While such concerns are not unique to the cosmetics sector, due to the direct application of these products onto the human skin, concern has been expressed over the potential health effects of nanotechnology-based cosmetics. This is despite the fact that cosmetic products are subject to regulatory controls within every jurisdiction in which they are sold. With debate over the safety of cosmetics containing nano-materials likely to escalate in line with the number of products entering the marketplace, this article examines the adequacy of the current regulatory framework for cosmetics containing nanoscale materials within one of the worlds largest cosmetic's market, the European Union. Two case studies are presented, and the effectiveness of the Cosmetics Directive is examined by reference to these two products. By drawing on this analysis, the article articulates the strengths and weaknesses of the current regulatory regime, and discusses how these may be addressed under the proposed new regulatory framework.","PeriodicalId":88318,"journal":{"name":"Studies in ethics, law, and technology","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2009-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1941-6008.1056","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68797124","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Current notions of privacy protection may not offer adequate protection to persons in marginalized social groups because privacy protection is still predicated on an individual protection paradigm. Drawing on arguments advanced by privacy scholars on group privacy, and the application of the notion of group protection in data protection legislation, this article argues for incorporation of non-discrimination provisions in data protection laws and border control policy in order to enhance protection for those in marginalized social groups. It also purports that security and control of persons are both individual and group oriented and supports a similar group approach in privacy protection.
{"title":"Privacy and Protection of Marginalized Social Groups","authors":"S. Karanja","doi":"10.2202/1941-6008.1063","DOIUrl":"https://doi.org/10.2202/1941-6008.1063","url":null,"abstract":"Current notions of privacy protection may not offer adequate protection to persons in marginalized social groups because privacy protection is still predicated on an individual protection paradigm. Drawing on arguments advanced by privacy scholars on group privacy, and the application of the notion of group protection in data protection legislation, this article argues for incorporation of non-discrimination provisions in data protection laws and border control policy in order to enhance protection for those in marginalized social groups. It also purports that security and control of persons are both individual and group oriented and supports a similar group approach in privacy protection.","PeriodicalId":88318,"journal":{"name":"Studies in ethics, law, and technology","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2009-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1941-6008.1063","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68797786","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Islam comprises a set of doctrinal, jurisprudent and ethical beliefs and regulations, extrapolated from a number of legal sources that vary according to denomination. The Islamic sources of legislation from which Shiah jurisprudents derive law and social policy include the Quran, traditions and reason.In this paper, we shall first outline the method of extrapolating rulings from the Shiah perspective and then illustrate how different legal mechanisms are put into play when verdicts are issued in relation to different aspects of abortion. The main function of jurisprudents lies in their understanding of the verses of the Quran and traditions. The two pivotal concepts extracted from the transmitted texts that constitute the driving force and rationale behind Shiah jurisprudent rulings are those of personhood and ensoulment.
{"title":"Abortion Perspectives of Shiah Islam","authors":"Farrokh B. Sekaleshfar","doi":"10.2202/1941-6008.1066","DOIUrl":"https://doi.org/10.2202/1941-6008.1066","url":null,"abstract":"Islam comprises a set of doctrinal, jurisprudent and ethical beliefs and regulations, extrapolated from a number of legal sources that vary according to denomination. The Islamic sources of legislation from which Shiah jurisprudents derive law and social policy include the Quran, traditions and reason.In this paper, we shall first outline the method of extrapolating rulings from the Shiah perspective and then illustrate how different legal mechanisms are put into play when verdicts are issued in relation to different aspects of abortion. The main function of jurisprudents lies in their understanding of the verses of the Quran and traditions. The two pivotal concepts extracted from the transmitted texts that constitute the driving force and rationale behind Shiah jurisprudent rulings are those of personhood and ensoulment.","PeriodicalId":88318,"journal":{"name":"Studies in ethics, law, and technology","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2009-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1941-6008.1066","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68797879","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Review of Information Technology and Moral Philosophy","authors":"K. Miller, B. Spielman","doi":"10.2202/1941-6008.1054","DOIUrl":"https://doi.org/10.2202/1941-6008.1054","url":null,"abstract":"","PeriodicalId":88318,"journal":{"name":"Studies in ethics, law, and technology","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2009-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1941-6008.1054","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68797103","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Review of The Problem of Punishment","authors":"Edward D. Sherline","doi":"10.2202/1941-6008.1060","DOIUrl":"https://doi.org/10.2202/1941-6008.1060","url":null,"abstract":"","PeriodicalId":88318,"journal":{"name":"Studies in ethics, law, and technology","volume":"2020 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2009-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1941-6008.1060","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68797262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The rate of any biomarker discovery is highly influenced by the costs associated with obtaining the relevant genetic, genomic, and clinical data. Currently, to identify a human genetic or genomic biomarker, a clinical researcher must identify a set of transplant recipients that either has been or can be clinically phenotyped, and then obtain samples from patients that can be subjected to gene expression and proteomic analysis. This process of obtaining a clinical cohort by matching donors to recipients is usually time-consuming and expensive. It is further time constrained by patient's signed written consent which has a use-by date.Biomarker database systems can play a pivotal role in establishing mechanisms that enable clinical researchers to access clinically derived genetic and co-variate data in a secure, privacy-aware, de-identified and auditable manner. They can also establish mechanisms and audit trails that monitor the movement of research data across institutions due to their custodial responsibilities to protect patient privacy.In this paper, we prototype the concept of a de-identified centralized biomarker repository that empowers principal investigators and researchers to access multiple data sources needed for the conduct of genomic, proteomic interpretation and computational experiments. The repository takes the form of a research data mart such that the enrolled patients' clinical and treatment history can be tracked during pre and post transplant phases. We demonstrate how technology and information engineering design principles help to implement a de-identification schema for patients to protect patient privacy and prevent unauthorized data access.
{"title":"Clinical Genomics Data Use: Protecting Patients Privacy Rights","authors":"M. Maliapen","doi":"10.2202/1941-6008.1080","DOIUrl":"https://doi.org/10.2202/1941-6008.1080","url":null,"abstract":"The rate of any biomarker discovery is highly influenced by the costs associated with obtaining the relevant genetic, genomic, and clinical data. Currently, to identify a human genetic or genomic biomarker, a clinical researcher must identify a set of transplant recipients that either has been or can be clinically phenotyped, and then obtain samples from patients that can be subjected to gene expression and proteomic analysis. This process of obtaining a clinical cohort by matching donors to recipients is usually time-consuming and expensive. It is further time constrained by patient's signed written consent which has a use-by date.Biomarker database systems can play a pivotal role in establishing mechanisms that enable clinical researchers to access clinically derived genetic and co-variate data in a secure, privacy-aware, de-identified and auditable manner. They can also establish mechanisms and audit trails that monitor the movement of research data across institutions due to their custodial responsibilities to protect patient privacy.In this paper, we prototype the concept of a de-identified centralized biomarker repository that empowers principal investigators and researchers to access multiple data sources needed for the conduct of genomic, proteomic interpretation and computational experiments. The repository takes the form of a research data mart such that the enrolled patients' clinical and treatment history can be tracked during pre and post transplant phases. We demonstrate how technology and information engineering design principles help to implement a de-identification schema for patients to protect patient privacy and prevent unauthorized data access.","PeriodicalId":88318,"journal":{"name":"Studies in ethics, law, and technology","volume":"3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2009-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1941-6008.1080","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68798459","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The UK NHS National Programme for IT has been criticized for a lack of clinical engagement. This paper uses a soft systems methodology (SSM) analysis of a case study from the use of electronic systems within a National Health Service (NHS) Mental Health Trust in the United Kingdom (UK) to explore the legal and ethical implications of the failure to develop clinical systems which are fit for purpose.Soft systems methodology (SSM) was used as a theoretical model both to derive deeper insights into the survey data and suggest how communication between those producing information and those using it, could be improved. Multiple methods were employed which included a postal survey and participant interviews to triangulate the data .The use of SSM reinforced the concept that the national IT programme is based on a hard' systems view and does not take local factors (which are related to soft systems' thinking) into account. The study found administrative staff to be a crucial link between clinicians and information departments and highlighted the need for a joint-up information strategy and integrated systems.The article concludes with a discussion of the legal and ethical implications of the findings and the lessons for the broader UK national programme. It argues that the failure to deliver systems that are fit for purpose is not value neutral but an ethical issue.
{"title":"IT and the NHS: Investigating Different Perspectives of IT using Soft Systems Methodology","authors":"A. Gillies, I. Patel","doi":"10.2202/1941-6008.1094","DOIUrl":"https://doi.org/10.2202/1941-6008.1094","url":null,"abstract":"The UK NHS National Programme for IT has been criticized for a lack of clinical engagement. This paper uses a soft systems methodology (SSM) analysis of a case study from the use of electronic systems within a National Health Service (NHS) Mental Health Trust in the United Kingdom (UK) to explore the legal and ethical implications of the failure to develop clinical systems which are fit for purpose.Soft systems methodology (SSM) was used as a theoretical model both to derive deeper insights into the survey data and suggest how communication between those producing information and those using it, could be improved. Multiple methods were employed which included a postal survey and participant interviews to triangulate the data .The use of SSM reinforced the concept that the national IT programme is based on a hard' systems view and does not take local factors (which are related to soft systems' thinking) into account. The study found administrative staff to be a crucial link between clinicians and information departments and highlighted the need for a joint-up information strategy and integrated systems.The article concludes with a discussion of the legal and ethical implications of the findings and the lessons for the broader UK national programme. It argues that the failure to deliver systems that are fit for purpose is not value neutral but an ethical issue.","PeriodicalId":88318,"journal":{"name":"Studies in ethics, law, and technology","volume":"3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2009-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1941-6008.1094","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68798950","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Review of Experimenting with the Consumer--The Mass Testing of Risky Products on the American Public","authors":"B. Alving","doi":"10.2202/1941-6008.1092","DOIUrl":"https://doi.org/10.2202/1941-6008.1092","url":null,"abstract":"","PeriodicalId":88318,"journal":{"name":"Studies in ethics, law, and technology","volume":"3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2009-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1941-6008.1092","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68798825","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Tax is an important moral existence.Western people and scholars consider that the definition on tax Moral property is:Even if the tax is not a purely evil,it at best can only be a necessary evil.The contention s between these two viewpoints is not the problem of good or evil above the tax,but the problem above the possibility of tax justice.
{"title":"On the Tax Justice","authors":"Zhang Xue-kui","doi":"10.2307/j.ctt184qq11","DOIUrl":"https://doi.org/10.2307/j.ctt184qq11","url":null,"abstract":"Tax is an important moral existence.Western people and scholars consider that the definition on tax Moral property is:Even if the tax is not a purely evil,it at best can only be a necessary evil.The contention s between these two viewpoints is not the problem of good or evil above the tax,but the problem above the possibility of tax justice.","PeriodicalId":88318,"journal":{"name":"Studies in ethics, law, and technology","volume":"31 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2009-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82586387","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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