Описание: Imagine a human society, perhaps in pre-history, in which people were generally of a psychological kind with us, had the use of natural language to communicate with one another, but did not have any properly moral concepts in which to exhort one another to meet certain standards and to lodge related claims and complaints. According to The Birth of Ethics, the members of that society would have faced a set of pressures, and made a series of adjustments in response, sufficient to put them within reach of ethical concepts. Without any planning, they would have more or less inevitably evolved a way of using such concepts to articulate desirable patterns of behavior and to hold themselves and one another responsible to those standards. Sooner or later, they would have entered ethical space. While this central claim is developed as a thesis in conjectural history or genealogy, the aim of the exercise is philosophical. Assuming that it explains the emergence of concepts and practices that are more or less equivalent to ours, the story offers us an account of the nature and role of morality. It directs us to the function that ethics plays in human life and alerts us to the character in virtue of which it can serve that function. The emerging view of morality has implications for the standard range of questions in meta-ethics and moral psychology, and enables us to understand why there are divisions in normative ethics like that between consequentialist and Kantian approaches.
Автор: Luc J. Wintgens; A. Daniel Oliver-Lalana Название: The Rationality and Justification of Legislation ISBN: 3319000616 ISBN-13(EAN): 9783319000619 Издательство: Springer Рейтинг: Цена: 12196.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book addresses legislation from the viewpoint of legal theory surveys current research in legisprudence as a new scholarly approach to lawmaking, discussing ways that legislative argument in parliament can serve as a source of justification of laws.
Название: Legitimacy of medical treatment ISBN: 1138098175 ISBN-13(EAN): 9781138098176 Издательство: Taylor&Francis Рейтинг: Цена: 8114.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Whenever the legitimacy of a new or ethically contentious medical intervention is considered, a range of influences will determine whether the treatment becomes accepted as lawful medical treatment. The development and introduction of abortion, organ donation, gender reassignment, and non-therapeutic cosmetic surgery have, for example, all raised ethical, legal, and clinical issues. This book examines the various factors that legitimatise a medical procedure.
Bringing together a range of internationally and nationally recognised academics from law, philosophy, medicine, health, economics, and sociology, the book explores the notion of a treatment, practice, or procedure being proper medical treatment, and considers the range of diverse factors which might influence the acceptance of a particular procedure as appropriate in the medical context. Contributors address such issues as clinical judgement and professional autonomy, the role of public interest, and the influence of resource allocation in decision-making. In doing so, the book explores how the law, the medical profession, and the public interact in determining whether a new or ethically contentious procedure should be regarded as legitimate.
This book will be of interest and use to researchers and students of bioethics, medical law, criminal law, and the sociology of medicine.
Chapter 6 of this book 'Family perspectives on proper medical treatment for people in prolonged vegetative and minimally conscious states' by Celia Kitzinger and Jenny Kitzinger is available under an open access CC BY NC ND license and can be viewed at: http: //preview.ncbi.nlm.nih.gov/books/prevqa/NBK199156/ .
Автор: Dedek Helge Название: Stateless Law ISBN: 1138720038 ISBN-13(EAN): 9781138720039 Издательство: Taylor&Francis Рейтинг: Цена: 8420.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume offers a critical analysis and illustration of the challenges and promises of ’stateless’ law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French. Confronting the ’transnational challenge’ posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the seventeen authors of Stateless Law: Evolving Boundaries of a Discipline bring new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of the early twenty-first century. This collection is essential reading for academics, institutions and others involved in determining the future roles, responsibilities and education of jurists, as well as for academics interested in Law, Sociology, Political Science and Education.
Автор: Devine Название: The Umbilical Cord Blood Controversies in Medical Law ISBN: 1138840882 ISBN-13(EAN): 9781138840881 Издательство: Taylor&Francis Рейтинг: Цена: 24499.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores the legal and ethical dilemmas that arise from the procurement, storage and use of stem cells derived from the umbilical cord of new-born infants. Karen Devine traces the emergence of umbilical cord blood (UCB) as a biological resource of potential therapeutic value, and introduces the medical researchers, practitioners and patients that fought to prove its worth.
Автор: Wintgens Название: Legisprudence ISBN: 1138256862 ISBN-13(EAN): 9781138256866 Издательство: Taylor&Francis Рейтинг: Цена: 9033.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book establishes legisprudence, in contrast to jurisprudence, as a legal theory of rational law-making. It suggests that by rejecting the common wisdom about the nature of political law-making, legislation could be improved and streamlined. Using the methods, theoretical insights and tools of current legal theory and philosophy of law in a new way, the book suggests the creation of law by legislators rather than government. Raising new questions and problems of the validity of norms, the book opens a new perspective on legitimacy of norms, their meaning and the structure of the legal system. In distinguishing legitimacy and legitimation of law, the book ventures into the philosophical roots of legal theory and suggests the articulation of a new conception of sovereignty. In shifting the emphasis to the position of the legislator and legislation, this book opens a number of new insights into the relationship between legislative problems and legal theory. Its main claim is that legislation should be justified by the legislator.
Название: Legal education ISBN: 1138637211 ISBN-13(EAN): 9781138637214 Издательство: Taylor&Francis Рейтинг: Цена: 9033.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The importance of simulation in education, specifically in legal subjects, is here discussed and explored within this innovative collection. Demonstrating how simulation can be constructed and developed for learning, teaching and assessment, the text argues that simulation is a pedagogically valuable and practical tool in teaching the modern law curriculum. With contributions from law teachers within the UK, Australia, Hong Kong, South Africa and the USA, the authors draw on their experiences in teaching law in the areas of clinical legal education, legal process, evidence, criminal law, family law and employment law as well as teaching law to non-law students. They claim that simulation, as a form of experiential and problem-based learning, enables students to integrate the ’classroom’ experience with the real world experiences they will encounter in their professional lives. This book will be of relevance not only to law teachers but university teachers generally, as well as those interested in legal education and the theory of law.
Автор: Harris Название: Resolving Disputes about Educational Provision ISBN: 1138271098 ISBN-13(EAN): 9781138271098 Издательство: Taylor&Francis Рейтинг: Цена: 8420.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: With contributions by recognised experts in the field of education law, this book is a comparative study of the resolution of special education disputes, including via mediation. It analyses the varying approaches in England, Scotland, the US and the Netherlands and addresses major questions of dispute resolution, redress, judicial and non-judicial approaches and the protection of citizens' rights. The first review of mediation in citizen v. state disputes outside the context of the courts, this topical book also incorporates findings from a recent ESRC study into dispute resolution in special educational needs cases. It will not only be of interest to those concerned with education issues but also those interested in administrative justice, especially the role of mediation generally
Автор: Nowenstein Название: The Generosity of the Dead ISBN: 1138260088 ISBN-13(EAN): 9781138260085 Издательство: Taylor&Francis Рейтинг: Цена: 8420.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The Generosity of the Dead draws on the French experience to examine the on-going international debate surrounding systems of organ procurement. It will be a valuable resource for researchers, academics, policy-makers and practitioners with an interest in this complex and topical subject.
Название: The Theory and Practice of Legislation ISBN: 1138264083 ISBN-13(EAN): 9781138264083 Издательство: Taylor&Francis Рейтинг: Цена: 9033.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Providing a rational framework for legislation, the original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world.
Автор: Sideri Название: Bioproperty, Biomedicine and Deliberative Governance ISBN: 1138642800 ISBN-13(EAN): 9781138642805 Издательство: Taylor&Francis Рейтинг: Цена: 7501.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Biomedical patents have been the subject of heated debate. Regulatory agencies such as the European Patent Office make small decisions with big implications, which escape scrutiny and revision, when they decide who has access to expensive diagnostic tests, whether human embryonic stem cells can be traded in markets, and under what circumstances human health is more important than animal welfare. Moreover, the administration of the Trade Related Aspects of Intellectual Property Rights by the World Trade Organization has raised considerable disquiet as it has arguably created grave health inequities. Those doubting the merits of the one size fits all approach ask whether priority should be given to serving the present needs of populations in dire need of medication or to promoting global innovation. The book looks in detail into the legal issues and ethical debates to ask the following three main questions: First, what are the ideas, goals, and broader ethical visions that underpin questions of governance and the legal reasoning employed by administrative agencies? Second, how can we democratize the decision making process of technocratic institutions such as the European Patent Office? Finally, how can we make the global intellectual property system more equitable? In answering these questions the book seeks to contribute to our understanding of the role and function of regulatory agencies in the regulation of the bioeconomy, explains the process of interpretation of legal norms, and proposes ways to rethink the reform of the patent system through the lens of legitimacy.
Автор: Tuckness Alex Название: Morality as Legislation ISBN: 1316511405 ISBN-13(EAN): 9781316511404 Издательство: Cambridge University Press Рейтинг: Цена: 21691.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Morality as Legislation examines consequentialist and non-consequentialist interpretations of the question `what would happen if everyone acted that way?` It will appeal to readers interested in both the history of morality and contemporary debates about the nature of morality.
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