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Medical Law And Moral Rights

Author: Carl Wellman
Publisher: Springer Science & Business Media
ISBN: 140203752X
Size: 41.79 MB
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Medical Law and Moral Rights discusses live issues arising in modern medical practice. Do patients undergoing intolerable irremediable suffering have a moral right to physician-assisted suicide? Ought they to have a comparable legal right? Do the moral duties of a mother to care for and not abuse her child also apply to her fetus? Ought fetuses to be given legal rights requiring pregnant women to submit to medical treatment without their consent? Ought single women, homosexual couples or persons carrying serious genetic defects to have a legal right to procreate? Ought a physician to perform an abortion requested for some frivolous reason? Ought physicians to be permitted to refuse to provide medically futile treatment demanded by their patients? An examination of relevant court cases shows how United States law answers these questions. The author then advocates improvements in the law to make it respect our moral rights more fully. To justify his conclusions, he proposes original conceptions of the human rights to life, procreational autonomy, privacy, equitable treatment and personal security. Thus, these essays test the usefulness of the theory of rights explained and defended in An Approach to Rights and elsewhere.

Constitutionalism And Legal Reasoning

Author: Massimo La Torre
Publisher: Springer Science & Business Media
ISBN: 1402055951
Size: 78.44 MB
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This book of legal philosophy contends that positive law is better understood if it is not too easily equated with power, force, or command. Law is more a matter of discourse and deliberation than of sheer decision or of power relations. Here is thought-provoking reading for lawyers, advocates, scholars of jurisprudence, students of law, philosophy and political science, and general readers concerned with the future of the constitutional state.

Arguing Fundamental Rights

Author: Agustín J. Menéndez
Publisher: Springer Science & Business Media
ISBN: 1402049196
Size: 78.94 MB
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This book explores the trail-blazing Theory of Constitutional Rights of Robert Alexy. The authors combine critical analysis of the structural elements of Alexy’s theory with an assessment of its applied relevance, paying special attention to the UK Human Rights Act and the Charter of Fundamental Rights of the European Union. Alexy himself opens the book with an insightful contextualisation of his theory of fundamental rights within his general legal theory.

Being Apart From Reasons

Author: Cláudio Jr. Michelon
Publisher: Springer Science & Business Media
ISBN: 9781402042829
Size: 62.65 MB
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Being Apart from Reasons deals with the question of how we should go about using reasons to decide what to do. More particularly, the book presents objections to the most common response given by contemporary legal and political theorists to the moral complexity of decision-making in modern societies, namely: the attempt to release public agents from their argumentative burden by insulating a particular set of reasons from the general pool of reasons and assigning the former systematic priority over all other reasons. That strategy is apparent both in Rawls’ claim that reasons concerning the right are systematically prior to reasons concerning the good and in Raz’s claim that pre-emptive reasons are systematically prior to first-order reasons. The same strategy is also instantiated by certain arguments for the procedural value of law, such as Jeremy Waldron’s. In the book, each of those arguments for the insulation of reasons is objected to in order to defend the thesis the reasoning by public agents must always be as comprehensive as possible. The remaining chapters object to those arguments mentioned above which aim at justifying the exclusion of certain reasons from public agents' decision-making.

On The Interpretation Of Treaties

Author: Ulf Linderfalk
Publisher: Springer Science & Business Media
ISBN: 1402063628
Size: 55.35 MB
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This is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. As stated by the anonymous referee, it is the most theoretically advanced and analytically refined work yet accomplished on this topic. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.

Territorial Rights

Author: Tamar Meisels
Publisher: Springer Science & Business Media
ISBN: 1402038232
Size: 70.78 MB
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Liberal defences of nationalism have become prevalent since the mid-1980’s. Curiously, they have largely neglected the fact that nationalism is primarily about land. Should liberals throw up their hands in despair when confronting conflicting claims stemming from incommensurable national narratives and holy texts? Should they dismiss conflicting demands that stem solely from particular cultures, religions and mythologies in favour of a supposedly neutral set of guidelines? Does history matter? Should ancient injustices interest us today? Should we care who reached the territory first and who were its prior inhabitants? Should principles of utility play a part in resolving territorial disputes? Was John Locke right to argue that the utilisation of land counts in favour of its acquisition? And should Western style settlement projects work in favour or against a nation’s territorial demands? When and how should principles of equality and equal distribution come into play? Territorial Rights examines the generic types of territorial claims customarily put forward by national groups as justification for their territorial demands, within the framework of what has come to be known as ‘liberal nationalism’. The final outcome is a multifarious theory on the ethics of territorial boundaries that supplies a workable set of guidelines for evaluating territorial disputes from a liberal-national perspective, and offers a common ground for discussion (including disagreement) and for the mediation of claims.

Drugs And Rights

Author: Douglas N. Husak
Publisher: Cambridge University Press
ISBN: 9780521427272
Size: 35.13 MB
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This timely and important book is the first serious work of philosophy to address the question: Do adults have a moral right to use drugs for recreational purposes? Many critics of the "war on drugs" denounce law enforcement as counterproductive and ineffective. Douglas Husak argues that the "war on drugs" violates the moral rights of adults who want to use drugs for pleasure, and that criminal laws against such use are incompatible with moral rights. This is not a polemical tract but a scrupulously argued work of philosophy that takes full account of all available data concerning drug use in the United States today. The author is careful to describe the properties a recreational drug would have to possess before the state would be justified in prohibiting it. Since criminal laws against the use of recreational drugs are justified neither by the harm users cause to themselves nor by the harm users cause to each other, Professor Husak concludes that such laws are, in almost all cases, unjustified. This book will be of particular interest to philosophers in applied ethics and philosophers of law, but it will prove provocative reading for anyone with a serious concern in the issue of drug use and drug control.

Bioethics

Author: Doris Mueller Goldstein
Publisher: Gale Cengage
ISBN:
Size: 62.81 MB
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Approximately 1400 references to books, journal articles, chapters, reports, and journals from the fields of bioethics, philosophy, law, medicine, thanatology, science, and technology. Most titles were published between 1973-1981. Classified arrangement. Each entry gives bibliographical information and annotation. Index.

Management Of Post Mortem Pregnancy

Author: Daniel Sperling
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754643043
Size: 24.78 MB
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Recent advances in medical technology have provided healthcare staff with the possibility of maintaining the life of a brain-dead pregnant woman on life-support in order to achieve successful delivery of the foetus. Management of Post-Mortem Pregnancy examines the legal and ethical difficulties surrounding such post-mortem management.