Multidimensional Origins of Biolaw and Bioethics and their Impact on Conceptions of Human Rights and Human Dignity PDF Download

Author: Stefan Kirchner
Publisher: GRIN Verlag
ISBN: 3656927715
Category : Law
Languages : en
Pages : 20

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Book Description
Scientific Essay from the year 2011 in the subject Law - Philosophy, History and Sociology of Law, , language: English, abstract: Biolaw is a new legal discipline. Still closely related to the fundamentals on which law is built, such as philosophy, biolaw has evolved into a truly legal discipline. At the same time has it been recognized that biolaw has multiple sources and the recent emergence of the discipline makes these sources still relatively visible. This visibility might limit the acceptance of biolaw and in this article it will be attempted to pay attention to some of the issues which follow from the fact that biolaw is based on multiple sources. Particular attention will be given to one aspect which might be most controversial from a political perspective: the continued role of religion — and in particular Christian religion — in shaping thinking about biolaw also in secular societies.

Author: Yechiel Michael Barilan
Publisher: MIT Press
ISBN: 0262304880
Category : Medical
Languages : en
Pages : 367

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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: Charles Foster
Publisher: Bloomsbury Publishing
ISBN: 1847318355
Category : Law
Languages : en
Pages : 217

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Book Description
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.

Author: Cinzia Caporale
Publisher: Routledge
ISBN: 1317114396
Category : Law
Languages : en
Pages : 354

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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: Stephen Dilley
Publisher: Routledge
ISBN: 1135117624
Category : Philosophy
Languages : en
Pages : 398

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Book Description
Human Dignity in Bioethics brings together a collection of essays that rigorously examine the concept of human dignity from its metaphysical foundations to its polemical deployment in bioethical controversies. The volume falls into three parts, beginning with meta-level perspectives and moving to concrete applications. Part 1 analyzes human dignity through a worldview lens, exploring the source and meaning of human dignity from naturalist, postmodernist, Protestant, and Catholic vantages, respectively, letting each side explain and defend its own conception. Part 2 moves from metaphysical moorings to key areas of macro-level influence: international politics, American law, and biological science. These chapters examine the legitimacy of the concept of dignity in documents by international political bodies, the role of dignity in American jurisprudence, and the implications—and challenges—for dignity posed by Darwinism. Part 3 shifts from macro-level topics to concrete applications by examining the rhetoric of human dignity in specific controversies: embryonic stem cell research, abortion, human-animal chimeras, euthanasia and palliative care, psychotropic drugs, and assisted reproductive technologies. Each chapter analyzes the rhetorical use of ‘human dignity’ by opposing camps, assessing the utility of the concept and whether a different concept or approach can be a more productive means of framing or guiding the debate.

Author: Brigitte Feuillet-Liger
Publisher: Springer
ISBN: 3319991124
Category : Law
Languages : en
Pages : 318

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Book Description
Adopting an interdisciplinary perspective, this volume explores the reality of the principle of human dignity – a core value which is increasingly invoked in our societies and legal systems. This book provides a systematic overview of the legal and philosophical concept in sixteen countries representing different cultural and religious contexts and examines in particular its use in a developing case law (including of the European Court of Human Rights and of the Inter-American Court of Human Rights). Whilst omnipresent in the context of bioethics, this book reveals its wider use in healthcare more generally, treatment of prisoners, education, employment, and matters of life and death in many countries. In this unique comparative work, contributing authors share a multidisciplinary analysis of the use (and potential misuse) of the principle of dignity in Europe, Africa, South and North America and Asia. By revealing the ambivalence of human dignity in a wide range of cultures and contexts and through the evolving reality of case law, this book is a valuable resource for students, scholars and professionals working in bioethics, medicine, social sciences and law. Ultimately, it will make all those who invoke the principle of human dignity more aware of its multi-layered character and force us all to reflect on its ability to further social justice within our societies.

Author: Joseph Tham
Publisher: Springer
ISBN: 3319718495
Category : Philosophy
Languages : en
Pages : 192

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Book Description
This book discuss the meaning and implications of the social and ethical implications of the notion of social responsibility in healthcare in six major world religions — Buddhism, Christianity, Confucianism, Hinduism, Islam, & Judaism. This collection of papers is based on a four-day workshop where bioethics experts from various religious traditions gathered. They discussed the ways in which their respective traditions could, or could not, uphold the tenets of Article 14 of UNESCO's Universal Declaration of bioethics and Human Rights. The different papers presented in this book are based on this interchange of ideas at the workshop. The book explores the potential points of convergence among the various perspectives presented, as well as a discussion on the ways in which their moral differences may be managed. The managing of these moral differences through international socio-ethical mechanisms, contributes significantly to the UNESCO Universal Declaration of Bioethics and Human Rights’ goal of simultaneously respecting religio-cultural pluralism while upholding a commitment to human rights.

Author: H. ten Have
Publisher: UNESCO
ISBN: 923104088X
Category : Business & Economics
Languages : en
Pages : 371

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Book Description
In October 2005, UNESCO Member States adopted by acclamation the Universal Declaration on Bioethics and Human Rights. For the first time in the history of bioethics, some 190 countries committed themselves and the international community to respect and apply fundamental ethical principles related to medicine, the life sciences and associated technologies. This publication provides a new impetus to the dissemination of the Declaration, and is part of the organisation's continuous effort to contribute to the understanding of its principles worldwide. The authors, who were almost all involved in the elaboration of the text of the Declaration, were asked to respond on each article: Why was it included? What does it mean? How can it be applied? Their responses shed light on the historical background of the text and its evolution throughout the drafting process. They also provide a reflection on its relevance to previous declarations and bioethical literature, and its potential interpretation and application in challenging and complex bioethical debates.

Author: Caroline Fournet
Publisher: BRILL
ISBN: 9004364420
Category : Law
Languages : en
Pages : 411

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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: Paulus Kaufmann
Publisher: Springer Science & Business Media
ISBN: 9048196612
Category : Philosophy
Languages : en
Pages : 268

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Book Description
Degradation, dehumanization, instrumentalization, humiliation, and nonrecognition – these concepts point to ways in which we understand human beings to be violated in their dignity. Violations of human dignity are brought about by concrete practices and conditions; some commonly acknowledged, such as torture and rape, and others more contested, such as poverty and exclusion. This volume collates reflections on such concepts and a range of practices, deepening our understanding of human dignity and its violation, bringing to the surface interrelationships and commonalities, and pointing to the values that are thereby shown to be in danger. In presenting a streamlined discussion from a negative perspective, complemented by conclusions for a positive account of human dignity, the book is at once a contribution to the body of literature on what dignity is and how it should be protected as well as constituting an alternative, fresh and focused perspective relevant to this significant recurring debate. As the concept of human dignity itself crosses disciplinary boundaries, this is mirrored in the unique range of perspectives brought by the book’s European and American contributors – in philosophy and ethics, law, human rights, literature, cultural studies and interdisciplinary research. This volume will be of interest to social and moral philosophers, legal and human rights theorists, practitioners and students.