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9 - Gene patents and justice

from Part III - Patents, reproductive freedom, and patriarchy

Published online by Cambridge University Press:  05 June 2016

Colin Farrelly
Affiliation:
Queen's University, Ontario
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Summary

Addressing the issue of gene patents from a libertarian, egalitarian and prioritarian perspective helps to illustrate the insights, as well as the limitations, of a philosophical analysis of intellectual property rights. In addition to the weight we should accord to the values of liberty and equality, complex empirical and legal issues arise in the context of these debates, issues that philosophers may not be well suited to address. A defense of a pluralistic prioritarian theory of justice allows us to take the complexities seriously. We can begin to make some progress in terms of determining how stringent the duty to mitigate genetic disadvantage is. Unlike libertarianism, pluralistic prioritarianism provides us with an account of justice that allows us to take seriously the duty to mitigate genetic inequalities. Unlike egalitarianism, pluralistic prioritarianism allows us to balance the duty to mitigate genetic disadvantage with other competing demands of justice. Pluralistic prioritarianism does not require us to take the insular view that mitigating genetic disadvantage is the only requirement of justice. This is an important insight given the facts of pervasive disadvantage, scarcity and the important role environment plays in the development of disease and disadvantage.
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Publisher: Cambridge University Press
Print publication year: 2016

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  • Gene patents and justice
  • Colin Farrelly, Queen's University, Ontario
  • Book: Biologically Modified Justice
  • Online publication: 05 June 2016
  • Chapter DOI: https://doi.org/10.1017/CBO9781316424155.011
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  • Gene patents and justice
  • Colin Farrelly, Queen's University, Ontario
  • Book: Biologically Modified Justice
  • Online publication: 05 June 2016
  • Chapter DOI: https://doi.org/10.1017/CBO9781316424155.011
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Gene patents and justice
  • Colin Farrelly, Queen's University, Ontario
  • Book: Biologically Modified Justice
  • Online publication: 05 June 2016
  • Chapter DOI: https://doi.org/10.1017/CBO9781316424155.011
Available formats
×