The Right To Life And Conflicting Interests
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The Right To Life And Conflicting Interests
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Author : Elizabeth Wicks
language : en
Publisher:
Release Date : 2010
The Right To Life And Conflicting Interests written by Elizabeth Wicks and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
The right to life is a core human right which has not yet received the detailed legal analysis that it requires. This book provides detailed, critical analysis of the controversial human right to life and, in particular, assesses the weight of conflicting interests which could and/or should serve to override the right. This contemporary study of the right to life focuses on the legal, as well as ethical, issues raised by the value of life in modern day society. It seeks to analyse the development, meaning and value of the fundamental human right to life in the context of its conflicts with other competing interests. The book begins with an overview of the right to life in which the concept of life itself is first analysed, before both the right and its legal protection and enforcement are subjected to historical, philosophical and comparative analysis. The remainder of the book identifies, and assesses the merits of, various competing interests. These comprise armed conflict; prevention of crime; rights of others; autonomy; quality of life; and finite resources. The right to life is unusual in having potential application to so many of today's ethically controversial questions. This new work investigates specific topics of current political, legal and ethical concern such as the right to life during international conflicts, the role of lethal force in law enforcement, the death penalty, the right to life of a foetus in the context of legalised abortion, and the significance of quality of life and autonomy issues in respect of euthanasia and assisted suicide.
Lethal Force The Right To Life And The Echr
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Author : Stephen Skinner
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-08-22
Lethal Force The Right To Life And The Echr written by Stephen Skinner and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-22 with Law categories.
In its case law on the use of lethal and potentially lethal force, the European Court of Human Rights declares a fundamental connection between the right to life in Article 2 of the European Convention on Human Rights and democratic society. This book discusses how that connection can be understood by using narrative theory to explore Article 2 law's specificities and its deeper historical, social and political significance. Focusing on the domestic policing and law enforcement context, the book draws on an extensive analysis of case law from 1995 to 2017. It shows how the connection with democratic society in Article 2's substantive and procedural dimensions underlines the right to life's problematic duality, as an expression of a basic value demanding a high level of protection and a contextually limited provision allowing states leeway in the use of force. Emphasising the need to identify clear standards in the interpretation and application of the right to life, the book argues that Article 2 law's narrative dimensions bring to light its core purposes and values. These are to extract meaning from pain and death, ground democratic society's foundational distinction between acceptable force and unacceptable violence, and indicate democratic society's essential attributes as a restrained, responsible and reflective system.
The Right To Life And The Value Of Life
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Author : Jon Yorke
language : en
Publisher: Routledge
Release Date : 2016-03-03
The Right To Life And The Value Of Life written by Jon Yorke and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-03 with Law categories.
This groundbreaking book is the first collection to investigate the law, political science and ethical perspectives collectively in relation to the right and value of life. Its contributions from international roster of scholars are organized around five themes: a theoretical positioning of life and death; War, armed conflict and detention; Death as punishment; Medical parameters for ending life; and medical policies for the preservation of life. In studying this issue in its contemporary contexts of "right" and "value," the volume fills the current scholarly lacuna in the general subject of the orientations of life. It presents a much-needed examination of key issues in a broad practical and theoretical context, and holds broad appeal for scholars, researchers, and students occupied with issues of war, armed conflict, the death penalty, and various contemporary medico-legal scenarios.
The Eu Charter Of Fundamental Rights
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Author : Steve Peers
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-11-18
The Eu Charter Of Fundamental Rights written by Steve Peers and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-18 with Law categories.
“..this most thorough commentary must be regarded as the Bible on the Charter” Peter Oliver, Common Market Law Review This second edition of the first commentary of the EU Charter of Fundamental Rights in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. This is a much-welcomed new edition of the authoritative guide to the Charter.
The Law And Ethics Of Medicine Essays On The Inviolability Of Human Life
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Author : John Keown
language : en
Publisher: OUP Oxford
Release Date : 2012-04-26
The Law And Ethics Of Medicine Essays On The Inviolability Of Human Life written by John Keown and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-26 with Law categories.
The Law and Ethics of Medicine: Essays on the Inviolability of Human Life explains the principle of the inviolability of human life and its continuing relevance to English law governing aspects of medical practice at the beginning and end of life. The book shows that the principle, though widely recognized as an historic and foundational principle of the common law, has been misunderstood in the legal academy, at the Bar and on the Bench. Part I of the book identifies the confusion and clarifies the principle, distinguishing it from 'vitalism' on the one hand and a 'qualitative' evaluation of human life on the other. Part II addresses legal aspects of the beginning of life, including the history of the law against abortion and its relevance to the ongoing abortion debate in the US; the law relating to the 'morning after' pill; and the legal status of the human embryo in vitro. Part III addresses legal aspects of the end of life, including the euthanasia debate; the withdrawal of tube-feeding from patients in a 'persistent vegetative state'; and the duty to provide palliative treatment. This unique collection of essays offers a much-needed clarification of a cardinal legal and ethical principle and should be of interest to lawyers, bioethicists, and healthcare professionals (whether they subscribe to the principle or not) in all common law jurisdictions and beyond.
The Right To Life In European Constitutional And International Case Law
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Author : Bertrand Mathieu
language : en
Publisher: Council of Europe
Release Date : 2006-01-01
The Right To Life In European Constitutional And International Case Law written by Bertrand Mathieu and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.
The right to life is the prime individual right in treaty and constitution systems of fundamental rights. The whole approach to protecting this right has changed considerably with scientific and medical advances. Whereas traditionally the concern was to protect life from all threats, today there is the additional very prominent issue of human, scientific and medical intervention in the life-giving process in such forms as abortion, medically assisted procreation, embryo research, cloning and euthanasia. This comparative analysis of the case law of Europes constitutional courts and the Council of Europes European Court of Human Rights examines the nature and scope of the right to life in order to determine whether there is a common legal approach to the question in Europe
The Right To Life In International Law
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Author : Bertrand G. Ramcharan
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1985-06-03
The Right To Life In International Law written by Bertrand G. Ramcharan and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985-06-03 with Political Science categories.
This collection of essays is the outcome of the proceedings of the Centre for Research and Study in International Law and International Relations of the Hague Academy of International Law in the summer of 1983.
Life And Death
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Author : Dan W. Brock
language : en
Publisher: Cambridge University Press
Release Date : 1993-01-29
Life And Death written by Dan W. Brock and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-01-29 with Medical categories.
Dan Brock explores the moral issues raised by new ideals of shared decision making between physicians and patients.
The Right To Life In Armed Conflict
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Author : Ian Park
language : en
Publisher: Oxford University Press
Release Date : 2018
The Right To Life In Armed Conflict written by Ian Park and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
What place does the right to life have in armed conflicts? And does it lock down military objectives? In the first sustained coverage of the area, Ian Park examines conflicts in Iraq, Afghanistan, Libya, and Syria to explicate how far governments should be entitled to derogations from human rights whilst engaging in combat operations.
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.