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Author: Erick Valdés Publisher: Springer ISBN: 3030059030 Category : Philosophy Languages : en Pages : 351
Book Description
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.
Author: Erick Valdés Publisher: Springer Nature ISBN: 3030718239 Category : Philosophy Languages : en Pages : 244
Book Description
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.
Author: Erick Valdés Publisher: Springer ISBN: 3030059030 Category : Philosophy Languages : en Pages : 351
Book Description
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.
Author: Erick Valdés Publisher: Routledge ISBN: 1000474194 Category : Law Languages : en Pages : 261
Book Description
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.
Author: Bart van Klink Publisher: Springer ISBN: 3319333658 Category : Law Languages : en Pages : 301
Book Description
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?
Author: Roberto Andorno Publisher: Primento ISBN: 2802742027 Category : Law Languages : en Pages : 178
Book Description
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.
Author: Caroline Fournet Publisher: BRILL ISBN: 9004364420 Category : Law Languages : en Pages : 411
Book Description
Biolaw and International Criminal Law: Towards Interdisciplinary Synergies investigates the foundational, conceptual and interdisciplinary aspects of an emerging field: International Criminal Biolaw.
Author: Daniela Carpi Publisher: Walter de Gruyter ISBN: 3110252856 Category : Literary Criticism Languages : en Pages : 381
Book Description
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.
Author: Cinzia Caporale Publisher: Routledge ISBN: 1317114396 Category : Law Languages : en Pages : 354
Book Description
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.
Author: Yechiel Michael Barilan Publisher: MIT Press ISBN: 0262304880 Category : Medical Languages : en Pages : 367
Book Description
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.
Author: Erick Valdés
Author: Erick Valdés
Author: Erick Valdés
Author: Erick Valdés
Author: Bart van Klink
Author: Britta van Beers
Author: Roberto Andorno
Author: Caroline Fournet
Author: Daniela Carpi
Author: Cinzia Caporale
Author: Yechiel Michael Barilan