Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Constitutional Transplantations PDF full book. Access full book title Constitutional Transplantations by Anat Scolnicov. Download full books in PDF and EPUB format.
Author: Anat Scolnicov Publisher: Hart Publishing ISBN: 1509960023 Category : Law Languages : en Pages : 0
Book Description
This book explores the global phenomenon of migration, transplantation, and borrowing of constitutional ideas. It combines conceptual and normative approaches, to dissect a phenomenon which has been both praised and maligned in current political and academic discourse. The contributors consider constitutional transplantation as a specific case of migration of ideas, and place it within that broader intellectual framework of movement of knowledge. They analyse, from historical, conceptual, and normative angles, the transplantation of constitutions and constitutional ideas from one state to another, and the role played by existing cultures and histories in the reception of constitutional provisions and ideas. The book takes a broad view of the term 'constitutional'. The results of the movement of constitutional ideas can be found outside, as well as within, the law, and the implications of such movement go beyond it. The authors are drawn from the fields of comparative constitutional law, medieval history, political philosophy, private law, and administration of justice. It reflects a view that the study of non-hegemonic systems, as well as hegemonic systems, is important in understanding transplantation of constitutional ideas, both as sources of transplants and as their receivers, and includes discussions of constitutions in Latin America, Asia, Europe, and North America.
Author: Anat Scolnicov Publisher: Hart Publishing ISBN: 1509960023 Category : Law Languages : en Pages : 0
Book Description
This book explores the global phenomenon of migration, transplantation, and borrowing of constitutional ideas. It combines conceptual and normative approaches, to dissect a phenomenon which has been both praised and maligned in current political and academic discourse. The contributors consider constitutional transplantation as a specific case of migration of ideas, and place it within that broader intellectual framework of movement of knowledge. They analyse, from historical, conceptual, and normative angles, the transplantation of constitutions and constitutional ideas from one state to another, and the role played by existing cultures and histories in the reception of constitutional provisions and ideas. The book takes a broad view of the term 'constitutional'. The results of the movement of constitutional ideas can be found outside, as well as within, the law, and the implications of such movement go beyond it. The authors are drawn from the fields of comparative constitutional law, medieval history, political philosophy, private law, and administration of justice. It reflects a view that the study of non-hegemonic systems, as well as hegemonic systems, is important in understanding transplantation of constitutional ideas, both as sources of transplants and as their receivers, and includes discussions of constitutions in Latin America, Asia, Europe, and North America.
Author: Louis J. Palmer, Jr. Publisher: McFarland ISBN: 1476616361 Category : Social Science Languages : en Pages : 195
Book Description
In a revised and updated edition, this book continues the debate on whether transplantable organs of executed capital felons should be used to save lives. It provides the reader with relevant data and information necessary for making an informed and intelligent judgment of the matter. Every conceivable constitutional argument on behalf of capital felons and their families is discussed, along with all of the societal pros and cons. Based on precedents by the United States Supreme Court, the author argues that the constitution supports the removal of transplantable organs from executed capital felons.
Author: Steve Farber Publisher: Rodale Books ISBN: 1605294977 Category : Health & Fitness Languages : en Pages : 290
Book Description
Two families came together in the waiting room of a Denver hospital on May 11, 2004, to await kidney transplants for loved ones. In the first operation, Gregg Farber, 32, a real estate executive, donated a kidney to his father, Steve, a 60-year-old Denver lawyer and power broker. In the second, Guatemalan refugee and landscaper Ernesto Delaroca, also 32, donated a kidney to his sister Sandra, 19, a restaurant worker. The stories of how the Farber and Delaroca families made their separate journeys to the operating room offers insight into the hazards and inequities of a cobbled-together system that each year leaves more than 98,000 gravely ill Americans on the waiting list for a life-saving transplant. Steve Farber's experience inspired him to write On the List with Harlan Abrahams. They examine the ethical, legal, political, and economic debates over organ transplant policies, expose the gray market for transplants in Third World countries, and propose solutions to one of the world's most pressing health issues. An informative and inspiring guide to those who face transplant operations, the book is also a call to reform a system that is truly, and fatally, flawed.
Author: Günter Frankenberg Publisher: Edward Elgar Publishing ISBN: 1781952116 Category : Law Languages : en Pages : 383
Book Description
ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.
Author: World Health Organization Publisher: Martinus Nijhoff Publishers ISBN: 9004635742 Category : Law Languages : en Pages : 509
Book Description
Organ transplantation has, over a period of a few decades, evolved from a daring experimental medical procedure to a widely used health technology. Many lives have been saved, and the quality of life of many other persons has been immeasurably improved. There is now an abundant literature on the medical aspects of transplantation, and an increasing number of books on the legal and ethical aspects -- aspects with which WHO has been concerned since the World Health Assembly first took up the matter in 1986. This book is the first global collection of laws and regulations dealing with organ transplantation. Also included are the texts of some of the key international and European declarations and statements on the subject. Most of the materials that appear in the book were originally published in the WHO's International Digest of Health Legislation, but have never been collected in one volume before. This book will be useful to parliamentarians, health policy makers, surgeons and other health professionals involved in transplantation, transplant coordinators, ethicists, and others interested in in-depth information on how different governments and institutions have responded to the considerable ethical, legal and policy challenges posed by this important branch of curative medicine.
Author: Alan Watson Publisher: University of Georgia Press ISBN: 082031532X Category : Law Languages : en Pages : 141
Book Description
In Legal Transplants, one of the world's foremost authorities on legal history and comparative law puts forth a clear and concise statement of his controversial thesis on the way that law has developed throughout history. When it was first published in 1974, Legal Transplants sparked both praise and outrage. Alan Watson's argument challenges the long-prevailing notion that a close connection exists between the law and the society in which it operates. His main thesis is that a society's laws do not usually develop as a logical outgrowth of its own experience. Instead, he contends, the laws of one society are primarily borrowed from other societies; therefore, most law operates in a society very different from the one for which it was originally created. Utilizing a wealth of primary sources, Watson illustrates his argument with examples ranging from the ancient Near East, ancient Rome, early modern Europe, Puritan New England, and modern New Zealand. The resulting picture of the law's surprising longevity and acceptance in foreign conditions carries important implications for legal historians and sociologists. The law cannot be used as a tool to understand society, Watson believes, without a careful consideration of legal transplants. For this edition, Watson has written a new afterword in which he places his original study in the context of more recent scholarship and offers some new reflections on legal borrowings, law, and society.
Author: Vito Breda Publisher: Cambridge University Press ISBN: 1108577172 Category : Law Languages : en Pages :
Book Description
This volume provides a unique overview of methodologies that are conducive to a successful legal transplant in East Asia and Oceania. Each chapter is drafted by a scholar who holds direct professional experience on the legal transplant considered and has a distinctive insight into the pragmatic difficulties related to grafting an alien institution into a legal tradition. The range of transplants includes the implementation of contractual obligations, the regulation of commercial investments and the protection of the environment. The majority of recent legal reforms in these geographical areas have aimed at improving national economic performance and fostering trade and have been directly inspired by European and North American institutional experiences. There is also, however, a tendency to couple economic reforms, aimed at attracting foreign investment, with constitutional reforms that improve the protection of individual rights, the environment and the rule of law.
Author: Austen Garwood-Gowers Publisher: Routledge ISBN: 0429620713 Category : Law Languages : en Pages : 212
Book Description
This book was originally published in 1999. When one or more essential organs failed, the consequence used to be death. However, conventional medicine has developed artificial means of extending life, the most successful of which is transplantation. The most common form of organ to be transplanted is a kidney which will, on average, function for about a decade in its recipient. Organ transplantation as a whole is widely practiced in most countries. However, few can procure enough organs to meet demand. Many people who are suitable for a transplant die without getting one. Many kidney patients can access and stay alive on dialysis until a suitable organ becomes available. However, even here, sufficiency of organs would be beneficial because lesser reliance on dialysis would reduce healthcare costs and be better for patient quality of life. This invaluable book shows that in the light of current practice and attitudes, increasing living donor transplantation (LDT) levels is feasible. It is one of the few works to systematically analyse the ethical and legal issues involved in LDT use in the light of empirical evidence, including new data derived from a unique programme of interviews and questionnaires with transplant professionals, living donors and recipients. Readers are led to an understanding of when LDT is ethically and legally acceptable and to the strong case for using it much more extensively.
Author: Anat Scolnicov
Author: Anat Scolnicov
Author: Louis J. Palmer, Jr.
Author: Steve Farber
Author: Günter Frankenberg
Author: Morton J. Horwitz
Author: World Health Organization
Author: Alan Watson
Author: Vito Breda
Author: David Price
Author: Austen Garwood-Gowers