This book highlights some of the principles which should be considered by planners, legislative drafters, and policy-makers as they work to develop legal frameworks on access to genetic resources in their countries. Contextual information on the Convention on Biological Diversity and examples of how countries have approached the issue to date are provided.
La obra recoge, desde una perspectiva interdisciplinar, las aportaciones de un grupo de investigadores españoles e italianos que han trabajado conjuntamente durante varios años en distintas cuestiones en torno a las posibilidades y riesgos de los avances biotecnológicos y su incidencia en el campo de los derechos humanos. Los estudios y debates se han realizado en el marco del programa de doctorado internacional sobre "Derechos humanos: Problemas actuales" encabezado por las Universidades de Valencia y Palermo. El Profesor Jesús Ballesteros, Catedrático (...) de Filosofía del Derecho en la Universidad de Valencia, ha sido el encargado de dirigir y coordinar este proyecto. (shrink)
The first IVF baby was born in the 1970s. Less than 20 years later, we had cloning and GM food, and information and communication technologies had transformed everyday life. In 2000, the human genome was sequenced. More recently, there has been much discussion of the economic and social benefits of nanotechnology, and synthetic biology has also been generating controversy. This important volume is a timely contribution to increasing calls for regulation - or better regulation - of these and other new (...) technologies. Drawing on an international team of legal scholars, it reviews and develops the role of human rights in the regulation of new technologies. Three controversies at the intersection between human rights and new technology are given particular attention. First, how the expansive application of human rights could contribute to the creation of a brave new world of choice, where human dignity is fundamentally compromised; second, how new technologies, and our regulatory responses to them, could be a threat to human rights; and, third, how human rights could be used to create better regulation of these technologies. (shrink)
This paper describes the different dimensions of the relation between moral reflection and legislative processes. It discusses some examples of the institutionalisation of moral reflection. It is argued that the relation between ethics and law is still an actual and relevant question. Ethics also has to reflect on its own role in political life. The paper defends the relevance of a theological perspective on the relation between law and ethics. In the last part it is argued that the modality of (...) relation between ethics and law depends on the specific character of social domain. (shrink)
Machine generated contents note: Table of Cases xi -- Table of legislation xv -- Introduction: Medicine Men, Outlaws and Voluntary Euthanasia 1 -- 1. To Kill or not to Kill; is that the Euthanasia Question? 9 -- Introduction-Why Euthanasia? 9 -- Dead or alive? 16 -- Euthanasia as Homicide 25 -- Euthanasia as Death with Dignity 29 -- 2. Euthanasia and Clinically assisted Death: from Caring to Killing? 35 -- Introduction 35 -- The Indefinite Continuation of Palliative Treatment 38 (...) -- Withholding or Withdrawing Treatment 44 -- The Principle of Double Effect 54 -- Physician Assisted Suicide 60 -- Mercy Killing 64 -- Conclusions 66 -- 3. Consent to Treatment but Not to Death 69 -- Introduction-Why Consent? 69 -- Without Consent 70 -- Killing and Consent 73 -- Valid Consent, Freely Given? 74 -- Old Enough to Consent 80 -- Deciding for Others 82 -- Conclusions-A Consent Too Far? 93 -- 4. Autonomy, Self-determination and Self-destruction 95 -- Introduction-Autonomous Choices 95 -- Choosing to Die-Suicide and Autonomy 100 -- Suicidal Intentions 107 -- Autonomous Clinical Discretion 110 -- Deciding to Live or Die-Whose Decision? 112 -- 5. Living Wills and the Will to Die 115 -- Introduction 115 -- I Know My Will 118 -- This is My Will 121 -- I Will Decide 128 -- Will My Will be Done? 134 -- Where There's a Will 137 -- Conclusions 143 -- 6. Is Euthanasia a Dignified Death? 145 -- Introduction-Why Dignity? 145 -- Needing Dignity 146 -- Finding Dignity 149 -- Achieving Dignity in Dying 151 -- Dignifying Death 157 -- 7. Conclusions: Dignified Life, Dignified Death and Dignified Law 165 -- Select Bibliography 175 -- Index 183. (shrink)
Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.
Over the last years, Norway has revised its animal welfare legislation. As of January 1, 2010, the Animal Protection Act of 1974 was replaced by a new Animal Welfare Act. This paper describes the developments in the normative structures from the old to the new act, as well as the main traits of the corresponding implementation and governance system. In the Animal Protection Act, the basic animal ethics principles were to avoid suffering, treat animals well, and consider their natural (...) needs and instincts. In addition, a principle for balancing our duties towards animals with the needs and interests of humans was expressed by the formulation unnecessary suffering. These principles (only with slightly different formulations) are retained in the new act. The novelty of the new act is shown by its explicit intention to promote respect for animals and its recognition of animals’ intrinsic value. Whereas intrinsic value is only given a symbolic function, the notion of respect is intended to have practical consequences. One interpretation of respect for animals is taking the animal’s integrity—and not only welfare—into account. Another is to see the introduction of respect as a call to animal keepers to provide animals with welfare exceeding the minimum requirements. In several respects, the legal system now seems to leave more responsibility to the individual animal keeper—and to citizens in general. I argue that if the authorities really do want to promote respect for animals, they must at the same time initiate activities to achieve this. In my perspective the challenge is to provide adequate measures to achieve in practice the intended respect for animals expressed in the new act. (shrink)
In this article, we sketch a new approach to law and ethics. The traditional paradigm, exemplified in the debate on liberal moralism, becomes increasingly inadequate. Its basic assumptions are that there are clear moral norms of positive or critical morality, and that making statutory norms is an effective method to have citizens conform to those norms. However, for many ethical issues that are on the legislative agenda, e.g. with respect to bioethics and anti-discrimination law, the moral norms are controversial, vague (...) or still evolving. Moreover, law proves not to be a very effective instrument. Therefore, we need a new paradigm, both for descriptive and for normative analysis. This interactive paradigm, as a normative position, can be summarised in two theses. The process of legislation on ethical issues should be structured as a process of interaction between the legislature and society or relevant sectors of society, so that the development of new moral norms and the development of new legal norms may reinforce each other. And legislation on ethical issues should be designed in such a way that it is an effective form of communication which, moreover, facilitates an ongoing moral debate and an ongoing reflection on such issues, because this is the best method to ensure that the practice remains oriented to the ideals and values the law tries to realise. (shrink)
Recently (2010–2011) new criminal legislation to combat illegal income and corruption was passed and publicly discussed in Lithuania. Within the list of the new legal measures, special attention should be paid to criminalisation of illicit enrichment, establishment of a model of extended property confiscation, reinforcement of responsibility for corruption-related offenses, a provision that not only property but also personal benefits may constitute a bribe. It can be seen from the explanatory letters attached to the draft laws and the political (...) debate that the new regulation is expected to achieve decisive breakthrough in the fight against corruption and illegal income. However, without any doubt as to the necessity to fight against those social evils, the author presents critical evaluation of the reform by applying the test of principles of criminal law, legal language and practical effectiveness. By making critical conclusions that the new criminal legislation deliberately lightens the prosecution’s goal of incrimination and the burden of proof, the author warns about the purposive instrumental nature of the new laws, which are balancing on the threshold of legitimacy. In the article the author reveals crucial shortcomings of the new legislation: in some aspects it lacks legal certainty, in other aspects it ignores the principles of guilt, presumption of innocence and proportionality as well as the conception of criminal law as a last resort (ultima ratio). As a result, the new legal means against illegal income and corruption leave space for applying inadequate repression beyond their intended purpose, in addition, they criminalise human conduct that is insufficiently dangerous and create preconditions for senseless criminal prosecutions and violation of human rights. (shrink)
Radical constructivists appeal to self-legislation in arguing that rational agents are the ultimate sources of normative authority over themselves. I chart the roots of radical constructivism and argue that its two leading Kantian proponents are unable to defend an account of self-legislation as the fundamental source of practical normativity without this legislation collapsing into a fatal arbitrariness. Christine Korsgaard cannot adequately justify the critical resources which agents use to navigate their practical identities. This leaves her account riven (...) between rigorism and voluntarism, such that it will not escape a paradox that arises when self-legislation is unable to appeal to external normative standards. Onora O'Neill anchors self-legislation more firmly to the self-disciplining structures of reason itself. However, she ultimately fails to defend sufficiently unconditional practical norms which could guide legislation. These endemic problems with radical constructivist models of self-legislation prompt a reconstruction of a neglected realist self-legislative tradition which is exemplified by Christian Wolff. In outlining a rationalist and realist account of self-legislation, I argue that it can also make sense of our ability to overcome anomie and deference in practical action. Thus, I claim that we need not make laws but can make them our own. (shrink)
Machine generated contents note: 1. Introduction - when criminal law encounters bioethics: a case of tensions and incompatibilities or an apt forum for resolving ethical conflict? Amel Alghrani, Rebecca Bennett and Suzanne Ost; Part I. Death, Dying, and the Criminal Law: 2. Euthanasia and assisted suicide should, when properly performed by a doctor in an appropriate case, be decriminalised John Griffiths; 3. Five flawed arguments for decriminalising euthanasia John Keown; 4. Euthanasia excused: between prohibition and permission Richard Huxtable; Part II. (...) Freedom and Autonomy: When Consent Is Not Enough: 5. Body integrity identity disorder - a problem of perception? Robert Smith; 6. Risky sex and 'manly diversions': the contours of consent in criminal law - transmission and rough horseplay cases David Gurnham; 7. 'Consensual' sexual activity between doctors and patients: a matter for the criminal law? Suzanne Ost and Hazel Biggs; Part III. Criminalising Biomedical Science: 8. 'Scientists in the dock': regulating science Amel Alghrani and Sarah Chan; 9. Bioethical conflict and developing biotechnologies: is protecting individual and public health from the risks of xenotransplantation a matter for the (criminal) law? Sara Fovargue; 10. The criminal law and enhancement - none of the law's business? Nishat Hyder and John Harris; 11. Dignity as a socially constructed value Stephen Smith; Part IV. Bioethics and Criminal Law in the Dock: 12. Can English law accommodate moral controversy in medicine? The case of abortion Margaret Brazier; 13. The case for decriminalising abortion in Northern Ireland Marie Fox; 14. The impact of the loss of deference towards the medical profession Jose; Miola; 15. Criminalising medical negligence David Archard; 16. All to the good? Criminality, politics, and public health John Coggon; 17. Moral controversy, human rights and the common law judge Brenda Hale. (shrink)
Machine generated contents note: 1. Introduction - when criminal law encounters bioethics: a case of tensions and incompatibilities or an apt forum for resolving ethical conflict? Amel Alghrani, Rebecca Bennett and Suzanne Ost; Part I. Death, Dying, and the Criminal Law: 2. Euthanasia and assisted suicide should, when properly performed by a doctor in an appropriate case, be decriminalised John Griffiths; 3. Five flawed arguments for decriminalising euthanasia John Keown; 4. Euthanasia excused: between prohibition and permission Richard Huxtable; Part II. (...) Freedom and Autonomy: When Consent Is Not Enough: 5. Body integrity identity disorder - a problem of perception? Robert Smith; 6. Risky sex and 'manly diversions': the contours of consent in HIV transmission and rough horseplay cases David Gurnham; 7. 'Consensual' sexual activity between doctors and patients: a matter for the criminal law? Suzanne Ost and Hazel Biggs; Part III. Criminalising Biomedical Science: 8. 'Scientists in the dock': regulating science Amel Alghrani and Sarah Chan; 9. Bioethical conflict and developing biotechnologies: is protecting individual and public health from the risks of xenotransplantation a matter for the (criminal) law? Sara Fovargue; 10. The criminal law and enhancement - none of the law's business? Nishat Hyder and John Harris; 11. Dignity as a socially constructed value Stephen Smith; Part IV. Bioethics and Criminal Law in the Dock: 12. Can English law accommodate moral controversy in medicine? Lessons from abortion Margaret Brazier; 13. The case for decriminalising abortion in Northern Ireland Marie Fox; 14. The impact of the loss of deference towards the medical profession Jose; Miola; 15. Criminalising medical negligence David Archard; 16. All to the good? Criminality, politics, and public health John Coggon; 17. Moral controversy, human rights and the common law judge Brenda Hale. (shrink)
In an effort at ethical reform, Taiwan recently revised the Hospice Palliative Care Law authorising family members or physicians to make surrogate decisions to discontinue life-sustaining treatment if an incompetent terminally ill patient did not express their wishes while still competent. In particular, Article 7 of the new law authorises the palliative care team, namely the physicians, to act as sole decision-makers on behalf of the incompetent terminally ill patient's best interests if no family member is available. However, the law (...) fails to provide guidance as to what constitutes the patient's best interests or what specific procedures the treating physicians should follow, and so has raised constitutional concerns. It may be difficult to translate ethical reform into law but it is not impossible if essential requirements are carefully followed. First, there must be substantial nexus between the purpose of the statute and the measures provided under the statute. Second, advocates need to convince the public that futility or waste has amounted to a public health emergency so as to justify lower procedural requirements. Third, a remedy or compensation should be available if the surrogate decisions have not been appropriately made. Fourth, minimum procedural safeguards are necessary even though the statute is intended to reduce the procedural burdens of making surrogate decisions on behalf of incompetent patients who lack family members and did not express their wishes while still competent. (shrink)
Margaret Otlowski investigates the complex and controversial issue of active voluntary euthanasia. She critically examines the criminal law prohibition of medically administered active voluntary euthanasia in common law jurisdictions, and carefully looks at the situation as handled in practice. The evidence of patient demands for active euthanasia and the willingness of some doctors to respond to patients' requests is explored, and an argument for reform of the law is made with reference to the position in the Netherlands (where active voluntary (...) euthanasia is now openly practiced). (shrink)
From Hippocrates to paternalism to autonomy : the new hegemony -- From autonomy to consent -- Consent, autonomy, and the law -- Autonomy at the end of life -- Autonomy and pregnancy -- Autonomy and genetic information -- Autonomy and organ transplantation -- Autonomy, consent, and the law.
0n a lucid, concise volume, Jeremy Waldron defends the role of legislation, presenting it as an important mode of governance. Aristotle, Locke and Kant emerge as proponents of the dignity of legislation. Waldron's arguments are of obvious importance and topicality, especially in countries that are considering the introduction of a Bill of Rights. The Dignity of Legislation is original in conception, trenchantly argued and very clearly presented, and will be of interest to a wide range of scholars (...) and thinkers. (shrink)
The purpose of this paper is to address some of the questions on the notion of agent and agency in relation to property and personhood. I argue that following the Kantian criticism of Aristotelian metaphysics, contemporary biotechnology and information and communication technologies bring about a new challenge—this time, with regard to the Kantian moral subject understood in the subject’s unique metaphysical qualities of dignity and autonomy. The concept of human dignity underlies the foundation of many democratic systems, particularly in (...) Europe as well as of international treaties, including the Universal Declaration of Human Rights. Digital agents, artificial organisms as well as new capabilities of the human agents related to their embeddedness in digital and biotechnological environments bring about an important transformation of the human self-appraisal. A critical comparative reflection of this transformation is important because of its ethical implications. I deal first with the concept of agent within the framework of Aristotelian philosophy, which is the basis for further theories in accordance with and/or in opposition to it, particularly since modernity. In the second part of this paper, I deal with the concept of personhood in Kantian philosophy, which supersedes the Aristotelian metaphysics of substance and builds the basis of a metaphysics of the moral human subject. In the third part, I discuss the question of artificial agents arising from modern biology and ICT. Blurring the difference between the human and the natural and/or artificial opens a “new space” for philosophical reflection as well as for debate in law and practical policy. (shrink)
As one of the most massive and successful business sectors, the pharmaceutical industry is a potent force for good in the community, yet its behaviour is frequently questioned: could it serve society at large better than it has done in the recent past? Its own internal ethics, both in business and science, may need a careful reappraisal, as may the extent to which the law - administrative, civil and criminal - succeeds in guiding (and where neccessary contraining) it. The rules (...) of behavior that may be considered to apply to today's pharmaceutical industry have emerged over a very long period and the process goes on. Even the immensely detailed standards for quality, safety and efficacy laid down in drug law and regulation during the second half of the twentieth century have their limitations as tools for ensuring that the public interest is well served. In particular, national and regional regulatory agencies are heavily dependent on industrial data for their decision-making, their standards and competence vary, and even the existing network of agencies does not cover the entire world. What is more there are many areas of law and regulation affecting the industry, concerning for example the pricing of medicines, the conduct of clinical studies, the health protection of workers and concern for the environment. In some fields it is indeed hardly possible to maintain standards through regulation. Professor N.M. Graham Dukes, a physician and lawyer with long term experience in industrial research management, academic study and international drug policy, provides here a powerfully documented analysis into the way this industry thinks, acts, and is viewed, and examines the current trends pointing to change. *Provides a balanced picture of the current role of the pharmaceutical industry in society *Includes indices of conventions, laws, and regulations; as well as judicial and disciplinary cases *This is the only book addressing the legal implications of big pharma activities and ethical standards. (shrink)