Archive for October, 2008

week 9 reflection

October 25, 2008

     The reading and class discussions for this week looked at how war, not peace, has been the universal default mode.  The author looks at history to make the claim that we need to “rediscover peace, not war, as humanity’s central concern” (Gittings). 

            Gittings analyzed the history of the globalization of nuclear proliferation.  Most countries have used the excuse that the future is uncertain so we must be prepared with nuclear weapons.  They state that it would not be wise to predict the unpredictable in the times to come.  The current global state mentality is the assumption that the future is too uncertain to be safely predicted, or at least set an extremely high threshold for the abandonment of such an assumption (Gittings 392).

Countries have also used their nuclear programs as a source of national pride such as China and France.  Gittings states that the United States sees their nuclear program as indispensible and a part of their claim to possess (391). 

There have been proposals of disarmament throughout the years in fear of a “nuclear tipping point”.  People have called for total elimination of nuclear weapons and believed this was possible through a gradual and phased movement forward without artificially leaping ahead (Gittings 392).  US ambassador Christina Rocca said to the 2006 UN Conference of Disarmament that the objective of all states should be to create an international situation in which it is no longer necessary for anyone to rely upon nuclear weapons for security (393).  In reality, an international environment of disarmament is only possible only if human behavior will change.  This requires a new global ethic where we prepare for peace not war.

Topic proposal revised

October 13, 2008

Crystina Riffel

JUS494

October 12, 2008

Topic Proposal

 

 

 

Despite medical advances and increasing life expectancy, there is evidence of rising disparities in health status among people worldwide.  For my final research paper, I am proposing to research the issue of how drug technologies, specifically drug patents (intellectual property laws), create inequality between third world and industrialized countries.  The paper will attempt to understand how drug patents from pharmaceutical companies create severe inequality.

 

I.                   history/creation of patent laws

a.        patents and monopolies

II.                implementation of international patent laws

a.        who it affects

b.        human rights treaties

III.             Costs and benefits of drug technologies

a.        third world vs. industrialized countries

b.        how it affects lives

 

IV.       Conclusion—how drug technologies/drug patents have contributed to societal inequalities between third world and industrialized countries.

 

Possible sources:

 Amy Kapczynski “Strict International Patent Laws Hurt Developing Countries”.. YaleGlobal, 16 December 2002. Yale Global Online.

 

Trouiller et. al, “Drug Development for Neglected Diseases: a Deficient Market and a Public Health Policy Failure,” The Lancet, vol. 359, pp. 2188-94.

Philippe Cullet. “Patents Bill, TRIPs and Right to Health”. Economic and Political Weekly, Vol. 36, No. 43 (Oct. 27 – Nov. 2, 2001), pp. 4049-4051 Published by: Economic and Political Weekly. JSTOR

 

Helene Cooper, Rachel Zimmerman and Laurie McGinley. “AIDS Epidemic Puts Drug Firms In a Vise: Treatment vs. Profits”. Wall Street Journal, Mar. 2, 2001

Kumariah Balasubramaniam. “Pharmaceutical Patents in Developing Countries: Policy Options”. Economic and Political Weekly, Vol. 22, No. 19/21, Annual Number (May, 1987), pp. AN103-AN107+AN109-AN120 .Published by: Economic and Political Weekly. JSTOR

“Drug Patents and Public Health”. Economic and Political Weekly, Vol. 36, No. 10 (Mar. 10-16, 2001), pp. 795-796 Published by: Economic and Political Weekly. JSTOR

week 6 reflection distributive justice

October 6, 2008

Crystina Riffel

Jus494

Week 6 reflection

 

 

This week’s discussion involved distributive justice in science and technology policy.  In one of the readings, it examines viewpoints of four traditions in political philosophy: libertarian, utilitarian, contractarian and communitarian.

Libertarian thought/principles place primary value on the equal protection of property rights (Cozzens 86).  Three principles make up the libertarian system: acquisition, transfer and rectification.  Cozzens states that government functions should be limited to those that protect rights in holdings and that collecting taxes to pay for any other function is an unjust violation of rights and liberties (86-87).  Principles of acquisition and transfer are related to a debate on intellectual property in connection to justice between rich and poor countries.  For example, drug companies from outside a country claim ownership rights to medical principles derive from plants they obtained in that country (Cozzens 87).  Cozzens states that Nozick concludes that the claim of ownership does not violate Locke’s proviso because nobody would have derived benefit from the plant without the discovery (87).  “A purely libertarian science and technology policy would eliminate government funding and avoid policies that create better business conditions for some technologies over others, but embrace policies that protect ownership of innovations so that market exchange can determine what technologies are developed and used, including the current extension of intellectual property rules on a global basis under the World Trade Organization” (Cozzens 87).

In the utilitarian view, a set of social arrangements is fair as long as it increases total well-being and it provides a rationale for government support of research and development (Cozzens 87).   Utilitarian principles of justice are not inherently distributive: well-being could increase for everyone, or large gains in well-being for some could outweigh losses by others (Cozzens 88).  There is no explicit mechanism or criterion built into most S&T programs to make sure that both advantaged and disadvantaged share in the benefits.  Cozzens states that drug companies are most likely to develop products that will earn big profits through sales in affluent countries with good health coverage.  Basically, in the absence of deliberate distributional action, science-based advances that in principle could produce broad benefits will in practice only have the impacts the market allows (Cozzens 89).  Cozzens also adds that analysts say that the idea of S&T policies create wealth and other policies distribute them.

Contractarian distribution thought lies on the principles of John Rawls.  Under contract theory, a fair system of distribution is one that rational individuals would freely agree to after deliberation (Cozzens 89).  Other principles of Rawls are also included such as “veil of ignorance” and “justice as fairness”.

Finally, communitarians believe that action is moral when it strengthens community life.  To maintain this community, it is essential to respect human rights and to accept social responsibilities (Cozzens 91).  Cozzens adds that each society must find its own path and strike its own balance between liberty and order, developing its own moral code based on the concepts of a healthy society that its members evolve and enact (91).  Communitarians also caution against the growing polarization of wealth.