Download or read book Autonomy Consent and the Law written by Sheila A.M. McLean and published by Routledge. This book was released on 2009-09-10 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion that consent based on the concept of autonomy, underpins a good or beneficent medical intervention is deeply rooted in the jurisprudence of most countries throughout the world. Autonomy, Consent and the Law examines these notions in the UK, Australia and the US, and critiques the way in which autonomy and consent are treated in bioethics and law.

Download or read book Autonomy Freedom and Rights written by Emilio Santoro and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the author freedom is not a fixed measure. It is not the container of powers and rights defining an individual's role and identity. It is rather the outcome of a process whereby individuals continuously re-define the shape of their individuality. Freedom is everything that each of us manages to be in his or her active and uncertain opposition to external 'pressures'.

Download or read book Healthcare Decision Making and the Law written by Mary Donnelly and published by Cambridge University Press. This book was released on 2010-11-18 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focusing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.

Download or read book Personal Freedom Through Human Rights Law written by Jill Marshall and published by BRILL. This book was released on 2009 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: By analysing the European Court of Human Rightsa (TM) jurisprudence and philosophical debates on personal autonomy, identity and integrity, the book offers a critical analysis of the possibility of different versions of personal freedom emerging in the case law which may restrict rather than enhance personal freedom.

Download or read book Contemporary Bioethics written by Mohammed Ali Al-Bar and published by Springer. This book was released on 2015-05-27 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the common principles of morality and ethics derived from divinely endowed intuitive reason through the creation of al-fitr' a (nature) and human intellect (al-‘aql). Biomedical topics are presented and ethical issues related to topics such as genetic testing, assisted reproduction and organ transplantation are discussed. Whereas these natural sources are God’s special gifts to human beings, God’s revelation as given to the prophets is the supernatural source of divine guidance through which human communities have been guided at all times through history. The second part of the book concentrates on the objectives of Islamic religious practice – the maqa' sid – which include: Preservation of Faith, Preservation of Life, Preservation of Mind (intellect and reason), Preservation of Progeny (al-nasl) and Preservation of Property. Lastly, the third part of the book discusses selected topical issues, including abortion, assisted reproduction devices, genetics, organ transplantation, brain death and end-of-life aspects. For each topic, the current medical evidence is followed by a detailed discussion of the ethical issues involved.

Download or read book Nietzsche on Freedom and Autonomy written by Ken Gemes and published by Oxford University Press, USA. This book was released on 2009-05-07 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nietzsche is a central figure in our modern understanding of the individual as freely determining his or her own values. These essays by leading Nietzsche scholars investigate what this freedom really means: How free are we really? What does it take to be free? It might be a 'right', but it also needs to be earned.

Download or read book Responsibility in Health Care written by G.J. Agich and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medicine is a complex social institution which includes biomedical research, clinical practice, and the administration and organization of health care delivery. As such, it is amenable to analysis from a number of disciplines and directions. The present volume is composed of revised papers on the theme of "Responsibility in Health Care" presented at the Eleventh Trans Disciplinary Symposium on Philosophy and Medicine, which was held in Springfield, illinois on March 16-18, 1981. The collective focus of these essays is the clinical practice of medicine and the themes and issues related to questions of responsibility in that setting. Responsibility has three related dimensions which make it a suitable theme for an inquiry into clinical medicine: (a) an external dimension in legal and political analysis in which the State imposes penalties on individuals and groups and in which officials and governments are held accountable for policies; (b) an internal dimension in moral and ethical analysis in which individuals take into account the consequences of their actions and the criteria which bear upon their choices; and (c) a comprehensive dimension in social and cultural analysis in which values are ordered in the structure of a civilization ([8], p. 5). The title "Responsibility in Health Care" thus signifies a broad inquiry not only into the ethics of individual character and actions, but the moral foundations of the cultural, legal, political, and social context of health care generally.

Download or read book Autonomy Sovereignty and Self Determination written by Hurst Hannum and published by University of Pennsylvania Press. This book was released on 1996 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: The content of autonomy

Download or read book The Oxford Handbook of Freedom of Speech written by Adrienne Stone and published by Oxford University Press, USA. This book was released on 2021-01-14 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook on Freedom of Speech provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law.

Download or read book The State and the Body written by Elizabeth Wicks and published by Bloomsbury Publishing. This book was released on 2016-12-15 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the limits of the legitimate role of the state in regulating the human body. It questions whether there is a public interest in issues of bodily autonomy, with particular focus on reproductive choices, end of life choices, sexual autonomy, body modifications and selling the body. The main question addressed in this book is whether such autonomous choices about the human body are, and should be, subject to state regulation. Potential justifications for the state's intervention into these issues through mechanisms such as the criminal law and regulatory schemes are evaluated. These include preventing harm to others and/or to the individual involved, as well as more abstract concepts such as public morality, the sanctity of human life, and the protection of human dignity. The State and the Body argues that the state should be particularly wary about encroaching upon exercises of autonomy by embodied selves and concludes that only interventions based upon Mill's harm principle or, in tightly confined circumstances, the dignity of the human species as a whole should suffice to justify public intervention into private choices about the body.

Download or read book Local Autonomy as a Human Right written by Joshua B. Forrest and published by Rowman & Littlefield. This book was released on 2021-08-27 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: Local Autonomy as a Human Right contends that local communities struggle to preserve their territorial autonomy over time despite changes to the broader political and geographic contexts within which they are embedded. Forrest argues that this both reflects and is evidence of a worldwide embrace of local control as a key political and social value, indeed, of such importance that it should be embraced and codified as a human right. This study weaves together evidence grounded in a variety of disciplines - history, geography, comparative politics, sociology, public policy, anthropology, international jurisprudence, rural studies, urban studies -- to make clear that a presumed, inherent moral right to local self-determination has been manifested in many different historical and social contexts. This book constructs a compelling argument favoring a human right to local autonomy. It identifies practical factors that help to account for the relative success of communities that are able to assert local control over time. Here, particular attention is paid to whether localities are able to generate policy and organizational capacity. Forrest suggests that a focus on local policy and organizational capacity can help to explain why some communities attempting to assert greater local control are more successful than others. Local Autonomy as a Human Right contributes to scholarly debates regarding the varied impacts of globalization, with the place-based perspective and moral emphasis on territorial-centered rights put forth herein offering a necessary counter-narrative to the often-presumed predominance of global forces.

Download or read book Beyond Autonomy written by David G. Kirchhoffer and published by Cambridge University Press. This book was released on 2021-07-01 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Respect for autonomy has become a fundamental principle in human research ethics. Nonetheless, this principle and the associated process of obtaining informed consent do have limitations. This can lead to some groups, many of them vulnerable, being left understudied. This book considers these limitations and contributes through legal and philosophical analyses to the search for viable approaches to human research ethics. It explores the limitations of respect for autonomy and informed consent both in law and through the examination of cases where autonomy is lacking (infants), diminished (addicts), and compromised (low socio-economic status). It examines alternative and complementary concepts to overcome the limits of respect for autonomy, including beneficence, dignity, virtue, solidarity, non-exploitation, vulnerability and self-ownership. It takes seriously the importance of human relationality and community in qualifying, tempering and complementing autonomy to achieve the ultimate end of human research - the good of humankind.

Download or read book Documents on Autonomy and Minority Rights written by Hurst Hannum and published by Martinus Nijhoff Publishers. This book was released on 2023-08-28 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scope of arrangements which provide for some degree of "autonomy" is almost unlimited, as are the norms and means which have been adopted to protect minority rights. Documents on Autonomy and Minority Rights offer examples of some of the unique structures which have been developed to respond to geographic, political, ethnic, linguistic, and other differences under a single sovereignty. They present a broad spectrum of domestic constitutional provisions, statutes, and political agreements, as well as a comprehensive collection of relevant international instruments. The first section includes documents adopted on a global or regional basis to set standards for the protection of minority rights and the rights of indigenous peoples. The second section includes a wide range of national documents related to minority rights and/or autonomy. The last section contains historical documents. The author has written a brief introduction to each document to give the reader unfamiliar with the situation to which a document pertains enough information to consider its context. No single text can be used as a model of autonomy, for every situation is unique. At the same time, however, greater knowledge of a broad range of successful and unsuccessful arrangements may inspire new ideas with which to address conflicts which have claimed tens of thousands of lives in recent years. At the very least, the ingenuity evidenced in some of the documents should encourage experimentation and underscore the need of going beyond the mere recitation of definitions of federalism, consociation, devolution, or other constitutional models. The great variety of institutional arrangements, the detailed provisions developed to resolve particularly difficult local problems, and the flexibility in addressing issues such as revenue-sharing or participation in international organizations, demonstrate that neither "sovereignty" nor "self-determination" need stand in the way of innovative solutions.

Download or read book Choosing Life Choosing Death written by Charles Foster and published by Bloomsbury Publishing. This book was released on 2009-02-27 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Autonomy is a vital principle in medical law and ethics. It occupies a prominent place in all medico-legal and ethical debate. But there is a dangerous presumption that it should have the only vote, or at least the casting vote. This book is an assault on that presumption, and an audit of autonomy's extraordinary status. This book surveys the main issues in medical law, noting in relation to each issue the power wielded by autonomy, asking whether that power can be justified, and suggesting how other principles can and should contribute to the law. It concludes that autonomy's status cannot be intellectually or ethically justified, and that positive discrimination in favour of the other balancing principles is urgently needed in order to avoid some sinister results. 'This book is a sustained attack on the hegemony of the idea of autonomy in medical ethics and law. Charles Foster is no respecter of authority, whether of university professors or of law Lords. He grabs his readers by their lapels and shakes sense into them through a combination of no-nonsense rhetoric and subtle argument that is difficult to resist.' Tony Hope, Professor of Medical Ethics, Oxford University 'This book is unlikely to be in pristine state by the time you have finished reading it. Whether that is because you have thrown it in the air in celebration or thrown it across the room in frustration will depend on your perspective. But this book cannot leave you cold. It is a powerful polemic on the dominance of autonomy in medical law, which demands a reaction. Charles Foster sets out a powerful case that academic medical lawyers have elevated autonomy to a status it does not deserve in either ethical or legal terms. In a highly engaging, accessible account, he challenges many of the views which have become orthodox within the academic community. This will be a book which demands and will attract considerable debate.' Jonathan Herring, Exeter College, Oxford University 'This is a learned, lively and thought-provoking discussion of problems central to the courts' approach to ethical issues in medical law. What principles are involved? More significantly, which really underlie and inform the process of seeking justice in difficult cases? Charles Foster persuasively argues, and demonstrates, that respect for autonomy is but one of a number of ethical principles which interact and may conflict. He also addresses the sensitive issue of the extent to which thoughts and factors which go to influence legal decisions may not appear in the judgments.' Adrian Whitfield QC. 'Introducing the Jake La Motta of medical ethics. Foster is an academic street-fighter who has bloodied his hands in the court room. He provides a stinging, relentless, ground attack on the Goliath of medical ethics: the central place of autonomy in liberal medical ethics. This is now the first port of call for those who feel that medical ethics has become autonomized.' Julian Savulescu, Uehiro Chair in Practical Ethics, University of Oxford. "This important book offers a robust challenge to anyone, whether lawyer or 'ethicist', who sees respect for autonomy as the only game in town. It argues eloquently and effectively that, on the one hand, despite the reverence paid to it by judges, in practice the law, even in the context of consent, weaves together a number of moral threads of which autonomy is merely one, in the pursuit of a good decision. It argues on the other hand, that were the day-to-day practice of law to be guided primarily by respect for autonomy, this would be wrong. Foster concludes that whilst, 'any society that does not have laws robustly protecting autonomy is an unsafe and unhappy one', so too would be a society in which too much emphasis was placed on respect for autonomy at the expense of other important moral principles. This is essential reading for anyone interested in the role of autonomy and indeed of medical ethics, in the law." Michael Parker, Professor of Bioethics, University of Oxford

Download or read book Human Autonomy in Cross Cultural Context written by Valery I. Chirkov and published by Springer Science & Business Media. This book was released on 2010-12-02 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents the reader with a stimulating tapestry of essays exploring the nature of personal autonomy, self-determination, and agency, and their role in human optimal functioning at multiple levels of analysis from personal to societal and cross-cultural. The starting point for these explorations is self-determination theory, an integrated theory of human motivation and healthy development which has been under development for more than three decades (Deci & Ryan, 2000). As the contributions will make clear, psychological autonomy is a concept that forms the bridge between the dependence of human behavior on biological and socio-cultural determinants on the one side, and people’s ability to be free, reflective, and transforming agents who can challenge these dependencies, on the other. The authors within this volume share a vision that human autonomy is a fundamental pre-condition for both individuals and groups to thrive, and that without understanding the nature and mechanisms of autonomous agency vital social and human problems cannot be satisfactory addressed. This multidisciplinary team of researchers will collectively explore the nature of personal autonomy, considering its developmental origins, its expression within relationships, its importance within groups and organizational functioning, and its role in promoting to the democratic and economic development of societies. The book is aimed toward developmental, social, personality, and cross-cultural psychologists, towards researchers and practitioners’ in the areas of education, health and medicine, social work and, economics, and also towards all interested in creating a more sustainable and just world society through promoting individual freedom and agency. This volume will provide a theoretical and conceptual account of the nature and psychological mechanisms of personal motivational autonomy and human agency; rich multidisciplinary empirical evidence supporting the claims and propositions about the nature of human autonomy and capacities for self-regulation; explanations of how and why different psychological and socio-cultural conditions may play a role in promoting or undermining people’s autonomous motivation and well-being, discussions of how the promotion of human autonomy can positively influence environmental protection, democracy promotion and economic prosperity.

Download or read book Autonomy and Self Respect written by Thomas E. Hill, Jr and published by Cambridge University Press. This book was released on 1991-07-26 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This stimulating collection of essays in ethics eschews the simple exposition and refinement of abstract theories. Rather, the author focuses on everyday moral issues, often neglected by philosophers, and explores the deeper theoretical questions which they raise. Such issues are: is it wrong to tell a lie to protect someone from a painful truth? Should one commit a lesser evil to prevent another from doing something worse? Can one be both autonomous and compassionate? Other topics discussed are servility, weakness of will, suicide, obligations to oneself, snobbery, and environmental concerns. A feature of the collection is the contrast of Kantian and utilitarian answers to these problems. The essays are crisply and lucidly written and will appeal to both teachers and students of philosophy.

Download or read book Spinoza on Human Freedom written by Matthew J. Kisner and published by Cambridge University Press. This book was released on 2011-02-10 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spinoza was one of the most influential figures of the Enlightenment, but his often obscure metaphysics makes it difficult to understand the ultimate message of his philosophy. Although he regarded freedom as the fundamental goal of his ethics and politics, his theory of freedom has not received sustained, comprehensive treatment. Spinoza holds that we attain freedom by governing ourselves according to practical principles, which express many of our deepest moral commitments. Matthew J. Kisner focuses on this theory and presents an alternative picture of the ethical project driving Spinoza's philosophical system. His study of the neglected practical philosophy provides an accessible and concrete picture of what it means to live as Spinoza's ethics envisioned.