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Medical Law And Moral Rights

Author: Carl Wellman
Publisher: Springer Science & Business Media
ISBN: 140203752X
Size: 39.65 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: 17.86 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: 28.96 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.

Group Rights As Human Rights

Author: Neus Torbisco Casals
Publisher: Springer Science & Business Media
ISBN: 1402042094
Size: 59.72 MB
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Liberal theories have long insisted that cultural diversity in democratic societies can be accommodated through classical liberal tools, in particular through individual rights, and they have often rejected the claims of cultural minorities for group rights as illiberal. Group Rights as Human Rights argues that such a rejection is misguided. Based on a thorough analysis of the concept of group rights, it proposes to overcome the dominant dichotomy between "individual" human rights and "collective" group rights by recognizing that group rights also serve individual interests. It also challenges the claim that group rights, so understood, conflict with the liberal principle of neutrality; on the contrary, these rights help realize the neutrality ideal as they counter cultural biases that exist in Western states. Group rights deserve to be classified as human rights because they respond to fundamental, and morally important, human interests. Reading the theories of Will Kymlicka and Charles Taylor as complementary rather than opposed, Group Rights as Human Rights sees group rights as anchored both in the value of cultural belonging for the development of individual autonomy and in each person’s need for a recognition of her identity. This double foundation has important consequences for the scope of group rights: it highlights their potential not only in dealing with national minorities but also with immigrant groups; and it allows to determine how far such rights should also benefit illiberal groups. Participation, not intervention, should here be the guiding principle if group rights are to realize the liberal promise.

The Philosophy Of Kant As Contained In Extracts From His Own Writings

Author: Immanuel Kant
Publisher: Palala Press
ISBN: 9781377463889
Size: 24.43 MB
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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The Concept Of Rights

Author: George W. Rainbolt
Publisher: Springer Science & Business Media
ISBN: 1402039778
Size: 26.36 MB
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What does it mean to have a right? Previous answers to this question fall into two groups: interest/benefit theories of rights and choice/will theories. This book proposes an alternative to these traditional views: the justified-constraint theory of rights, which avoids the pitfalls of earlier theories, and solves the puzzle of the relational nature of rights. The analysis shows that this theory applies without modification to past, present and future beings.

On The Interpretation Of Treaties

Author: Ulf Linderfalk
Publisher: Springer Science & Business Media
ISBN: 1402063628
Size: 25.47 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.

Assisted Death

Author: L. W. Sumner
Publisher: Oxford University Press
ISBN: 0199607982
Size: 11.24 MB
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L.W. Sumner explores the ethical and legal status of physician-assisted suicide and euthanasia, and argues powerfully that these forms of assisted death can claim the same justification as other widely accepted end-of-life practices. He surveys the opposing views and legal precedents, and develops a model regulatory policy for assisted death.

Drugs And Rights

Author: Douglas N. Husak
Publisher: Cambridge University Press
ISBN: 9780521427272
Size: 75.60 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.

The Authority Of Law

Author: Joseph Raz
Publisher: Oxford University Press on Demand
ISBN: 0199573565
Size: 57.39 MB
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Raz begins by presenting an analysis of the concept of moral authority. He then develops a detailed explanation of the nature of law and legal systems. Within this framework Raz then examines the areas of legal thought that have been viewed as impregnated with moral values.