Autonomy In The Law
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Autonomy In The Law
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Author : Mortimer Sellers
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-08-30
Autonomy In The Law written by Mortimer Sellers and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-08-30 with Law categories.
By juxtaposing European and American concepts of autonomy in the law as they are applied to families, capital punishment and criminal trials, authors reveal the common values that justify all legal systems. This book sheds new light on the fundamental purpose of law by examining how European and American lawyers, judges, and citizens actually apply and should apply legal autonomy to litigation, legislation, and the law itself.
Autonomy Consent And The Law
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Author : Sheila A.M. McLean
language : en
Publisher: Routledge
Release Date : 2009-09-10
Autonomy Consent And The Law written by Sheila A.M. McLean and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-10 with Law categories.
The notion that consent based on the concept of autonomy, underpins a good or beneficent medical intervention is deeply rooted in the jurisprudence of most countries throughout the world. Autonomy, Consent and the Law examines these notions in the UK, Australia and the US, and critiques the way in which autonomy and consent are treated in bioethics and law.
Autonomy
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Author : Mortimer Sellers
language : en
Publisher:
Release Date : 2007
Autonomy written by Mortimer Sellers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Comparative law categories.
Autonomy in the Law considers one of the most important benefits of the rule of law. Juxtaposing European and American conceptions of autonomy in the law of families, capital punishment and, criminal trials reveals the common values that justify all legal systems. Law protects the autonomy of individuals and associations by defending the boundaries of their own self-rule. This book illuminates the fundamental purpose of law by examining how European and American lawyers, judges and citizens do and should apply legal autonomy to the practical circumstances of litigation, legislation and the law.
The Autonomy Of Law
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Author : Robert P. George
language : en
Publisher: Clarendon Press
Release Date : 1999
The Autonomy Of Law written by Robert P. George and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Electronic books categories.
This collection of essays from legal philosophers offers an assessment of the nature and viability of legal positivism. It addresses questions such as: to what extent is the law adequately described as autonomous?; and should legal theorists maintain a conceptual separation of law and morality?.
The Autonomy Of Community Law
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Author : R. Barents
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01
The Autonomy Of Community Law written by R. Barents and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Law categories.
"This book is the English version of my 'De communautaire rechtsorde' ... which was published by Kluwer, Deventer (the Netherlands) in 2000 ... Where necessary I have updated the text by taking account of developments until the beginning of 2003."--Foreword.
The Logic Of Autonomy
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Author : Jan-R Sieckmann
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-11-13
The Logic Of Autonomy written by Jan-R Sieckmann and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-13 with Law categories.
Autonomy is the central idea of modern practical philosophy. Understood as self-legislation, autonomy seems to require that the validity of norms depends on recognition, namely, that their addressees, being autonomous agents, recognise these norms to be valid. But how can one be bound by norms whose validity depends on their being recognised as valid by their addressees? The questions of how autonomous morality and, on this basis, the authoritative character of law can be understood, present persistent puzzles that have been widely discussed, but still await a satisfactory solution. This book presents an analysis of the idea of autonomy as self-legislation and its consequences for law and morality. It links the idea of autonomy with the idea of the balancing of normative arguments, develops a notion of normative arguments as distinct from normative judgements and statements and explains claims to correctness and objectivity that are found in normative discourse. Thus, a 'logic of autonomy' emerges, and it is pervasive in normative reasoning. It connects theses regarding the logic of norms, the structure of balancing, human and fundamental rights, legal validity, legal interpretation, and the relations among legal systems, offering a theory of central elements of normative argumentation, a theory that is undergirded by the mutual relations that exist between and among its parts as well as through the relations that it bears to other theories. Moreover, it offers an alternative to Kantian notions of autonomy and provides solutions to problems that other theories have failed to master.
Relational Autonomy And Family Law
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Author : Jonathan Herring
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-03-11
Relational Autonomy And Family Law written by Jonathan Herring and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-11 with Law categories.
This book explores the importance of autonomy in family law. It argues that traditional understandings of autonomy are inappropriate in the family law context and instead recommends the use of relational autonomy. The book starts by explaining how autonomy has historically been understood, before exploring the problems with its use in family law. It then sets out the model of relational autonomy which, it will be argued, is more appropriate in this context. Finally, some examples of practical application are presented. The issues raised and theoretical discussion is relevant to any jurisdiction.
Law S Relations
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Author : Jennifer Nedelsky
language : en
Publisher: OUP USA
Release Date : 2011-10-11
Law S Relations written by Jennifer Nedelsky and has been published by OUP USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-11 with Law categories.
Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries and individual rights. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others.
The State And The Body
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Author : Elizabeth Wicks
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-12-15
The State And The Body written by Elizabeth Wicks and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-15 with Law categories.
This book investigates the limits of the legitimate role of the state in regulating the human body. It questions whether there is a public interest in issues of bodily autonomy, with particular focus on reproductive choices, end of life choices, sexual autonomy, body modifications and selling the body. The main question addressed in this book is whether such autonomous choices about the human body are, and should be, subject to state regulation. Potential justifications for the state's intervention into these issues through mechanisms such as the criminal law and regulatory schemes are evaluated. These include preventing harm to others and/or to the individual involved, as well as more abstract concepts such as public morality, the sanctity of human life, and the protection of human dignity. The State and the Body argues that the state should be particularly wary about encroaching upon exercises of autonomy by embodied selves and concludes that only interventions based upon Mill's harm principle or, in tightly confined circumstances, the dignity of the human species as a whole should suffice to justify public intervention into private choices about the body.
Autonomy Consent And The Law
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Author : Sheila A.M. McLean
language : en
Publisher: Routledge
Release Date : 2009-09-10
Autonomy Consent And The Law written by Sheila A.M. McLean and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-10 with Law categories.
Autonomy is often said to be the dominant ethical principle in modern bioethics, and it is also important in law. Respect for autonomy is said to underpin the law of consent, which is theoretically designed to protect the right of patients to make decisions based on their own values and for their own reasons. The notion that consent underpins beneficent and lawful medical intervention is deeply rooted in the jurisprudence of countries throughout the world. However, Autonomy, Consent and the Law challenges the relationship between consent rules and autonomy, arguing that the very nature of the legal process inhibits its ability to respect autonomy, specifically in cases where patients argue that their ability to act autonomously has been reduced or denied as a result of the withholding of information which they would have wanted to receive. Sheila McLean further argues that the bioethical debate about the true nature of autonomy – while rich and challenging – has had little if any impact on the law. Using the alleged distinction between the individualistic and the relational models of autonomy as a template, the author proposes that, while it might be assumed that the version ostensibly preferred by law – roughly equivalent to the individualistic model – would be transparently and consistently applied, in fact courts have vacillated between the two to achieve policy-based objectives. This is highlighted by examination of four specific areas of the law which most readily lend themselves to consideration of the application of the autonomy principle: namely refusal of life-sustaining treatment and assisted dying, maternal/foetal issues, genetics and transplantation. This book will be of great interest to scholars of medical law and bioethics.