Stephen R. Munzer

An Uneasy Case against Property Rights in Body Parts

This essay deals with property rights in body parts that can be exchanged in a market. The inquiry arises in the following context. With some exceptions, the laws of many countries permit only the donation, not the sale, of body parts. Yet for some years there has existed a shortage of body parts for transplantation and other medical uses. It might then appear that if more sales were legally permitted, the supply of body parts would increase, because people would have more incentive to sell than they currently have to donate. To allow sales is to recognize property rights in body parts. To allow sales, however, makes body parts into “commodities”—that is, things that can be bought and sold in a market. And some view it as morally objectionable to treat body parts as commodities.

What is stemness

This paper, addressed to both philosophers of science and stem cell biologists, aims to reduce the obscurity of and disagreements over the nature of stemness. The two most prominent current theories of stemness--the entity theory and the state theory--are both biologically and philosophically unsatisfactory. Improved versions of these theories are likely to converge. Philosophers of science can perform a much needed service in clarifying and formulating ways of testing entity and state theories of stemness. To do so, however, philosophers should acquaint themselves with the latest techniques and approaches employed by bench scientists, such as the use of proteomics, genome-wide association studies, and ChIP-on-chip arrays. An overarching theme of this paper is the desirability of bringing closer together the philosophy of science and the practice of scientific research.

Kant and Property Rights in Body Parts

A “human being,” Kant writes, “is not entitled to sell his limbs for money, even if he were offered ten thousand thalers for a single finger” (LE 124). This arresting statement is part of a broader position of Kant’s according to which persons lack property rights in parts of their own bodies. One can find in his work at least three arguments in support of this position. One is an argument from human freedom. It is riddled with difficulties. The second is an argument from humanity and dignity. It has general appeal but does little to justify Kant’s verdict on some of his own examples. The last is an argument from self-respect. It has some force. Yet, unless one tempers the Kant of moral opinion with the Kant of moral theory, this argument sometimes delivers unacceptable answers to casuistical questions.

Beggars of God: The Christian Ideal of Mendicancy

In contemporary Western societies, public begging is associated with economic failure and social opprobrium—the lot of street people. So Christians may be puzzled by the fact that an interpretation of the imitation of Christ in the late Middle Ages elevated religious mendicancy into an ideal form of life. Although voluntary religious begging cannot easily be resurrected as a Christian ideal today, the author argues that a radical attitude and practice of trust, self-abandonment, and acknowledgment of dependence on God can be a Christian ideal in any time and place. To follow this way of life, which the author calls mendicancy in attitude, is to become a beggar of God.

Commons, Anticommons and Community in Biotechnological Assets

I argue for three theses: T1 — Access to scientific knowledge can be used to reinforce existing scientific communities and sometimes generate new ones. T2 — Community can be used to generate scientific knowledge, patent reform, scientific research, medical diagnostics, and trade secrets and occasionally patents. T3 — On the spectrum from commons to semicommons to private property to anticommons, an anticommons can arise if a biotechnological asset is fuzzily defined. I defend these propositions against objection and establish the fertility of my account by considering intellectual property issues relating to synthetic biology. Along the way I present a new understanding of the public domain. I also pursue several projects that are interwoven throughout the Article. The analytic project shows how careful definitions yield a useful taxonomy of biotechnological assets and their holders. The normative project explains why we should endorse intellectual property rights in some biotechnological assets but not others. Finally, the thematic project establishes larger contrasts between different forms of community on the one hand and individualism on the other, and reveals how my understanding of the public domain yields a surer grasp of these contrasts and their roles in institutions of property.

HEROISM, SPIRITUAL DEVELOPMENT, AND TRIADIC BONDS IN JAIN AND CHRISTIAN MENDICANCY AND ALMSGIVING*

Despite first impressions to the contrary, religions as radically different as Jainism and Christianity can shed light on each others practices of mendicancy and almsgiving. They can do so because of a trio of general categories under which certain elements of Jain and Christian practices can be subsumed. The categories are heroism, spiritual development, and triadic bonds among mendicants, almsgivers, and one or more supernatural or superhuman beings. There are at least two reasons why scholars of comparative religion, students of spirituality, philosophers of religion, and others should care whether it is possible to compare Jain and Christian mendicancy and almsgiving. First, the categories used to examine Jain and Christian practices reveal an underlying structure that might be used to analyze other varieties of religious mendicancy and almsgiving. Second, demonstrating similarities between Jainism and Christianity provides empirical evidence that even quite different religions and cultures are not so self-contained that it is impossible to compare them. The demonstration undermines one sort of relativism in anthropology.

Aristotle's biology and the transplantation of organs.

ConclusionIt would be redundant to repeat the general thesis and specific claims advanced in the introduction. Yet in concluding I should like to draw attention to several broader themes that run through the article. One is that understanding Aristotles biology demands attention to his psychology and metaphysics as well as to what some readers may regard as his strictly biological writings.Another is that Aristotles views on homonymy and potentiality

Research Biobanks Meet Synthetic Biology: Autonomy and Ownership

Two examples of research biobanks are discussed. The first is a set of stored blood samples taken from Havasupai Indians by scientists at Arizona State University (ASU). The second is a set of zinc finger proteins (ZFPs) and zinc finger nucleases (ZFNs) assembled by Sangamo BioSciences, Inc. of California. Both examples involve individual and group autonomy, informational asymmetries, and exchange. Both examples are controversial but for different reasons. In the Havasupai case, the Indians claimed that the scientists used the blood samples to analyze a Havasupai predisposition to diabetes, to which they consented, and to extract information about Havasupai inbreeding, schizophrenia, and geographical origins, to which the Indians did not consent. Eventually, ASU returned the blood samples and compensated the tribe and some individual members. Scrutiny shows that the Havasupai complaints were mainly justified. As to ZFPs and ZFNs, some lawyer-scientists contend that Sangamo’s preeminent patent and trade secret position unfairly hinders others from benefiting from Sangamo’s knowledge. Close examination shows no unfairness in the Sangamo case, for two reasons. First, the Zinc Finger Consortium provided an open access alternative to dealing with Sangamo. Second, under standard economic criteria Sangamo did not have a monopoly on zinc finger technology.

Childlikeness and simplicity

A T least two biblically based understandings of childlikeness qualify as Christian virtues: trustfulness and lowliness. A third understanding simplicity dates back to the early church fathers. Of these understandings simplicity is in a salient respect the hardest to analyze theologically and philosophically: Adults can in principle learn to develop trustfulness and lowliness, but it is not obvious whether, and, if so, how adults who have moved far from the simplicity of their childhood can reacquire simplicity. One can understand simplicity as truthfulness which is surely a virtue but not a specifically Christian virtue. It is more promising to understand simplicity as directness 10 prayer, speech, and action that cuts through superficiality 10 ways informed by the gospels and the early church fathers.