Download or read book Biolaw Origins Doctrine and Juridical Applications on the Biosciences written by Erick Valdés and published by Springer Nature. This book was released on 2021-03-27 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book configures a consistent epistemology of biolaw that distinguishes itself from bioethics and from a mere set of international instruments on the regulation of biomedical practices. Such orthodox intellection has prevented biolaw from being understood as a new branch of law with legally binding force, which has certainly dwindled its epistemological density. Hence, this is a revolutionary book as it seeks to deconstruct the history of biolaw and its oblique epistemologies, which means not accepting perennial axioms, and not seeing paradigms where only anachronism and anomaly still exist. It is a book aimed at validity, but also at solidity because the truth of biolaw has never been told before. In that sense, it is also a revealing text. The book shapes biolaw as an independent and compelling branch of law, with a legally binding scope, which boosts the effectiveness of new deliberative models for legal sciences, as well as it utterly reinforces hermeneutical and epistemological approaches, in tune with the complexity of disturbing legal scenarios created by biomedical sciences’ latest applications. This work adeptly addresses the origins of the European biolaw and its connections with American bioethics. It also analyses different biolaw’s epistemologies historically developed both in Europe and in the United States, to finally offer a new conception of biolaw as a new branch of law, by exploring its theoretical and practical atmospheres to avoid muddle and uncertainty when applied in biomedical settings. This book is suitable for academics and students of biolaw, law, bioethics, and biomedical research, as well as for professionals in higher education institutions, courts, the biomedical industry, and pharmacological companies.
Download or read book Biolaw Economics and Sustainable Governance written by Erick Valdés and published by Routledge. This book was released on 2021-11-18 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an accurate and updated approach to the main contributions of cosmopolitan biolaw in relation to sustainability, global governance, organizational health care economics and COVID-19. Bringing together different robust and dense biojuridical epistemologies to analyze key bioethical problems as well as the health care, management, economics and sustainability issues of our time, it constitutes a paradigmatic text in its field. In addition to exploring different epistemologies and jurisdictional scopes of biolaw, including the relationships between this new field and the challenges which have arisen in the current globalized and technologized world, the book addresses controversial issues straight from today’s headlines: for example, the basics for health care, finance and organizational economics, global biojuridical principles for governance, globalization, bioscientific empowerment, global and existential risk and sustainability challenges for a post-pandemic world. The book encourages readers to think impartially in order to know and understand the bioethical and biojuridical dilemmas that stem from current economics and sustainability issues. Accordingly, it will be a valuable resource for courses in the fields of biolaw, law, bioethics, global sustainability, organizational health care economics and global governance at different professional levels.
Download or read book Biolaw and Policy in the Twenty First Century written by Erick Valdés and published by Springer. This book was released on 2019-01-24 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an impressive collection of contributions on the epistemology of international biolaw and its applications, both in the legal and ethical fields. Bringing together works by some of the world’s most prominent experts on biolaw and bioethics, it constitutes a paradigmatic text in its field. In addition to exploring various ideologies and philosophies, including European, American and Mediterranean biolaw traditions, it addresses controversial topics straight from today’s headlines, such as genetic editing, the dual-use dilemma, and neurocognitive enhancement. The book encourages readers to think objectively and impartially in order to resolve the ethical and juridical dilemmas that stem from biotechnological empowerment and biomedical techniques. Accordingly, it offers a valuable resource for courses on biolaw, law, bioethics, and biomedical research, as well as courses that discuss law and the biosciences at different professional levels, e.g. in the courts, biomedical industry, pharmacological companies and the public space in general.
Download or read book Biolaw and International Criminal Law written by Caroline Fournet and published by BRILL. This book was released on 2020-11-30 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biolaw and International Criminal Law: Towards Interdisciplinary Synergies investigates the foundational, conceptual and interdisciplinary aspects of an emerging field: International Criminal Biolaw.
Download or read book Symbolic Legislation Theory and Developments in Biolaw written by Bart van Klink and published by Springer. This book was released on 2016-08-31 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume covers new ground by bringing together perspectives from symbolic legislation theory on the one hand, and from biolaw and bioethics on the other hand. Symbolic legislation has a bad name. It usually refers to instances of legislation which are ineffective and that serve other political and social goals than the goals officially stated. Recently, a more positive notion of symbolic legislation has emerged in legislative theory. From this perspective, symbolic legislation is regarded as a positive alternative to the more traditional, top-down legislative approach. The legislature no longer merely issues commands backed up with severe sanctions, as in instrumental legislation. Instead, lawmakers provide open and aspirational norms that are meant to change behavior not by means of threat, but indirectly, through debate and social interaction. Since the 1990s, biomedical developments have revived discussions on symbolic legislation. One of the reasons is that biomedical legislation touches on deep-rooted, symbolic-cultural representations of the biological aspects of human life. Moreover, as it is often impossible to reach consensus on these controversial questions, legislators have sought alternative ways to develop legal frameworks. Consequently, communicative and interactive approaches to legislation are prominent within the governance of medical biotechnology. The symbolic dimensions of biolaw are often overlooked. Yet, it is clear that the symbolic is at the heart of many legal-political debates on bioethical questions. Since the rise of biomedical technologies, human body materials have acquired a scientific, medical and even commercial value. These new approaches, which radically question existing legal symbolizations of the human body, raise the question whether and how the law should continue to reflect symbolic values and meanings. Moreover, how can we decide what these symbolic values are, given the fact that we live in a pluralistic society?
Download or read book Principles of international biolaw written by Roberto Andorno and published by Primento. This book was released on 2013-10-10 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rapid advances in genetics and medicine present both opportunities and threats to the advancement of human rights and public health in this era of globalization. While such advances contribute significantly to progress against disease, they may also pose profound global public policy concerns in that the ethical and policy considerations that follow from scientific advances lag far behind. In this context, the aim of this book is to present the current global efforts to develop common principles relating to biomedicine. Section I sets forth the pivotal role that the principle of human dignity plays in this domain, and identifies a number of other principles that can be drawn from the recent international policy documents on bioethics. Section II provides detailed commentaries on recent international instruments relating to biomedicine adopted by UNESCO and the Council of Europe. Section III elaborates upon specific biomedical human rights issues that are the subject of contemporary international standard-setting efforts, including biomedical research, population biobanks, genetic testing, and advance directives. Essays in each of these sections examine the extent to which promoting and protecting human rights has created a common framework for contemporary international lawmaking in the field of biomedicine and the strengths and limitations of international law as a tool for advancing biomedical human rights.
Download or read book Bioethics and Biolaw through Literature written by Daniela Carpi and published by Walter de Gruyter. This book was released on 2011-10-27 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the well-established field of human anthropology has been put under scrutiny by the new data offered by science and technology. Scientific intervention into human life through organ transplants, euthanasia, genetic engineering, experiments connected to the genetic code and the genome, and varied other biotechnologies have placed ethical beliefs into question and created ethical dilemmas. These scientific inventions influence our views on birth and death, on the construction of the body and its technical reproducibility, and have problematized the concept of the human persona. The purpose of bioethics, the science of life, is to find new values and norms which will be valid for a multicultural society. Bioethics is, today, a well-respected topic of research that has brought together philosophers and experts to discuss the limits of science and medicine. The aim of this book is to merge the two fields of bioethics and law (or biolaw) through the literary text, by taking into consideration the transformations of the concept of persona at which we have nowadays arrived. The new meaning of the term ‘persona’ represents in fact the final point of a long-standing quest for man's sense of his own being and human dignity, and of his capacity to live in social interrelations. The volume presents a wide range of perspectives, comprising methodological approaches, legal and literary aspects.
Download or read book Humanity across International Law and Biolaw written by Britta van Beers and published by Cambridge University Press. This book was released on 2014-02-13 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of how the concept of humanity is mobilized to make legal arguments in different areas of law.
Download or read book International Biolaw and Shared Ethical Principles written by Cinzia Caporale and published by Routledge. This book was released on 2018-01-12 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Universal Declaration on Bioethics and Human Rights, 2005, marked a significant step towards the recognition of universal standards in the field of science and medicine. This book provides an overview of the ethical and legal developments which have occurred in the field of bioethics and human rights since then. The work critically analyzes the Declaration from an ethical and legal perspective, commenting on its implementation, and discussing the role of non-binding norms in international bioethics. The authors examine whether the Declaration has contributed to the understanding of universal or global bioethics, and to what degree states have implemented the principles in their domestic legislation. The volume explores the currency of the Declaration vis-à-vis the more recent developments in technology and medicine and looks ahead to envisage the major bioethical challenges of the next twenty years. In this context, the book offers a comprehensive ethical and legal study of the Declaration with an in-depth analysis of the meaning of the provisions, in order to clarify the extension of human rights in the field of medicine and the obligations incumbent upon UNESCO member States, with reference to their implementation practice.
Download or read book The Philosophy and Practice of Medicine and Bioethics written by Barbara Maier and published by Springer Science & Business Media. This book was released on 2010-11-03 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the unchallenged methods in medicine, such as "evidence-based medicine," which claim to be, but often are not, scientific. It completes medical care by adding the comprehensive humanistic perspectives and philosophy of medicine. No specific or absolute recommendations are given regarding medical treatment, moral approaches, or legal advice. Given rather is discussion about each issue involved and the strongest arguments indicated. Each argument is subject to further critical analysis. This is the same position as with any philosophical, medical or scientific view. The argument that decision-making in medicine is inadequate unless grounded on a philosophy of medicine is not meant to include all of philosophy and every philosopher. On the contrary, it includes only sound, practical and humanistic philosophy and philosophers who are creative and critical thinkers and who have concerned themselves with the topics relevant to medicine. These would be those philosophers who engage in practical philosophy, such as the pragmatists, humanists, naturalists, and ordinary-language philosophers. A new definition of our own philosophy of life emerges and it is necessary to have one. Good lifestyle no longer means just abstaining from cigarettes, alcohol and getting exercise. It also means living a holistic life, which includes all of one's thinking, personality and actions. This book also includes new ways of thinking. In this regard the "Metaphorical Method" is explained, used, and exemplified in depth, for example in the chapters on care, egoism and altruism, letting die, etc.
Download or read book Human Dignity Human Rights and Responsibility written by Yechiel Michael Barilan and published by MIT Press. This book was released on 2012-09-14 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: A novel and multidisciplinary exposition and theorization of human dignity and rights, brought to bear on current issues in bioethics and biolaw. “Human dignity” has been enshrined in international agreements and national constitutions as a fundamental human right. The World Medical Association calls on physicians to respect human dignity and to discharge their duties with dignity. And yet human dignity is a term—like love, hope, and justice—that is intuitively grasped but never clearly defined. Some ethicists and bioethicists dismiss it; other thinkers point to its use in the service of particular ideologies. In this book, Michael Barilan offers an urgently needed, nonideological, and thorough conceptual clarification of human dignity and human rights, relating these ideas to current issues in ethics, law, and bioethics. Combining social history, history of ideas, moral theology, applied ethics, and political theory, Barilan tells the story of human dignity as a background moral ethos to human rights. After setting the problem in its scholarly context, he offers a hermeneutics of the formative texts on Imago Dei; provides a philosophical explication of the value of human dignity and of vulnerability; presents a comprehensive theory of human rights from a natural, humanist perspective; explores issues of moral status; and examines the value of responsibility as a link between virtue ethics and human dignity and rights. Barilan accompanies his theoretical claim with numerous practical illustrations, linking his theory to such issues in bioethics as end-of-life care, cloning, abortion, torture, treatment of the mentally incapacitated, the right to health care, the human organ market, disability and notions of difference, and privacy, highlighting many relevant legal aspects in constitutional and humanitarian law.
Download or read book The Journal of Biolaw Business written by and published by . This book was released on 2004 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Axiological Pluralism written by Lucia Busatta and published by Springer Nature. This book was released on 2021-09-02 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the features and functionality of the relationship between the law, individual or collective values and medical-scientific evidence when they have to be interpreted by judges, courts and para-jurisdictional bodies. The various degrees to which scientific data and moral values have been integrated into the legal discourse reveal the need for a systematic review of the options and solutions that judges have elaborated on. In turn, the book presents a systematic approach, based on a proposed pattern for classifying these various degrees, together with an in-depth analysis of the multi-layered role of jurisdictions and the means available to them for properly handling new legal demands arising in plural societies. The book outlines a model that makes it possible to focus on and address these issues in a sustainable manner, that is, to respond to individual requests and technological advances in the field of biolaw by consistently and effectively applying suitable legal instruments and jurisdictional interpretation.
Download or read book Dictionary of Global Bioethics written by Henk ten Have and published by Springer Nature. This book was released on 2021-05-26 with total page 1063 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Dictionary presents a broad range of topics relevant in present-day global bioethics. With more than 500 entries, this dictionary covers organizations working in the field of global bioethics, international documents concerning bioethics, personalities that have played a role in the development of global bioethics, as well as specific topics in the field.The book is not only useful for students and professionals in global health activities, but can also serve as a basic tool that explains relevant ethical notions and terms. The dictionary furthers the ideals of cosmopolitanism: solidarity, equality, respect for difference and concern with what human beings- and specifically patients - have in common, regardless of their backgrounds, hometowns, religions, gender, etc. Global problems such as pandemic diseases, disasters, lack of care and medication, homelessness and displacement call for global responses.This book demonstrates that a moral vision of global health is necessary and it helps to quickly understand the basic ideas of global bioethics.
Download or read book Reasonableness and Law written by Giorgio Bongiovanni and published by Springer Science & Business Media. This book was released on 2009-08-19 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reasonableness is at the centre of legal debate, both in academic circles and in practice. This unique reference work adopts an interdisciplinary perspective, merging jurisprudence, legal theory, political philosophy and the different branches of law. All aspects relating to reasonableness and law are addressed by the most prominent scholars in the field. In the first part of the book, the focus is on jurisprudential analyses of the concept of reasonableness and on its moral, political and constitutional implications. In the second part, reasonableness is examined in the different fields of law like Public, Private and International Law. Here in more detail the practical consequences of reasonableness are worked out, making this work of interest to practitioners as well as legal theorists.
Download or read book Human Dignity in Bioethics and Law written by Charles Foster and published by Bloomsbury Publishing. This book was released on 2011-09-01 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dignity is often denounced as hopelessly amorphous or incurably theological: as feel-good philosophical window-dressing, or as the name given to whatever principles give you the answer that you think is right. This is wrong, says Charles Foster: dignity is not only an essential principle in bioethics and law; it is really the only principle. In this ambitious, paradigm-shattering but highly readable book, he argues that dignity is the only sustainable Theory of Everything in bioethics. For most problems in contemporary bioethics, existing principles such as autonomy, beneficence, non-maleficence, justice and professional probity can do a reasonably workmanlike job if they are all allowed to contribute appropriately. But these are second order principles, each of which traces its origins back to dignity. And when one gets to the frontiers of bioethics (such as human enhancement), dignity is the only conceivable language with which to describe and analyse the strange conceptual creatures found there. Drawing on clinical, anthropological, philosophical and legal insights, Foster provides a new lexicon and grammar of that language which is essential reading for anyone wanting to travel in the outlandish territories of bioethics, and strongly recommended for anyone wanting to travel comfortably anywhere in bioethics or medical law.
