Search results for 'Body, Human Law and legislation' (try it on Scholar)

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  1. David W. Meyers (2006). The Human Body and the Law: A Medico-Legal Study. Aldine Transaction.score: 738.0
    Thus, Meyers provides a valuable account, not only of current medical attitudes, but also of relevant case and statute law as it stands at present.
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  2. David W. Meyers (1990). The Human Body and the Law. Stanford University Press.score: 726.0
    Mother and Fetus: Rights in Conflict A. INTRODUCTION After fertilization of the female egg (ovum) with male sperm the resulting zygote may implant ...
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  3. Jesús Ballesteros & Encarna Fernández (eds.) (2007). Biotecnología y Posthumanismo. Editorial Aranzadi.score: 384.0
    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 (...)
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  4. Juliana Rangel de Alvarenga Paes (2005). Le Corps Humain Et le Droit International. Anrt, Atelier National de Reproduction des Thèses.score: 384.0
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  5. Jacqueline A. Laing (2008). Food and Fluids: Human Law, Human Rights and Human Interests. In C. Tollefsen (ed.), Artificial Nutrition and Hydration. Springer Press. 77--100.score: 360.0
    The experience of the twentieth century bears witness to the abuse, mutilation and homicide of the vulnerable made possible by the power of the state, mass markets, and medical and financial interests. Suggestions for reform of the law regarding food and fluids typically take place in the context of utilitarian personistic “quality-of-life” presuppositions, and interests in shifting legal responsibility for life-and-death decisions, medical research, drug trials, organ harvesting as well as more mundane bureaucratic concerns like bed-clearing. With the Western world (...)
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  6. Aurelija Pūraitė (2012). Origins of Environmental Regulation. Jurisprudence 19 (2):657-674.score: 294.0
    During the last twenty – thirty years there has been unprecedented demand for new legal regulation in the field of environmental protection, which influenced the immense growth in both the body of environmental legislation and in re-thinking the idea and principles of the environmental protection itself. The provisions of environmental law are passed, accepted and obeyed with a great resistance in the society. On the one hand, environmental law may be defined as a value system that seeks to induce (...)
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  7. Elizabeth Wicks (2007). Human Rights and Healthcare. Hart Pub..score: 292.0
    Introduction: human rights in healthcare -- A right to treatment? the allocation of resouces in the National Health Service -- Ensuring quality healthcare: an issue of rights or duties? -- Autonomy and consent in medical treatment -- Treating incompetent patients: beneficence, welfare and rights -- Medical confidentiality and the right to privacy -- Property right in the body -- Medically assisted conception and a right to reproduce? -- Termination of pregnancy: a conflict of rights -- Pregnancy and freedom of (...)
     
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  8. Sigrid Sterckx & Kristof van Assche (2011). The New Belgian Law on Biobanks: Some Comments From an Ethical Perspective. Health Care Analysis 19 (3):247-258.score: 270.0
    On 19 December 2008 the Official Journal of Belgium published the ‘Law regarding the procurement and use of human body material destined for human medical applications or for scientific research purposes’. This paper will comment on various aspects of the Law: its scope of application (what is understood by ‘body material’?); its concept of ‘residual human body material’ (with far-reaching implications for the type of consent required for research); the nature of actions with and uses of (...) body material that are explicitly prohibited; the right of donors to be informed of relevant information revealed by the use of their body material; and the special responsibilities placed on hospital ethics committees. As will be argued in this paper, several of these provisions are highly problematic from an ethical point of view, especially those relating to consent. Meanwhile, the Minister of Public Health has asked the Belgian Advisory Committee on Bioethics for advice on the incorporation of the ‘presumed consent’ model, that applies to post mortem organ donation, into the biobank Law’s provisions on post mortem removal and use of body material. This aspect of the Law effectively extends the ‘presumed consent’ regime, both from organs to body material in general, and from therapeutic uses to research uses. (shrink)
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  9. J. V. McHale (1992). The Human Body and the Law. Journal of Medical Ethics 18 (2):110-110.score: 243.0
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  10. Samuel Freeman (2006). The Law of Peoples, Social Cooperation, Human Rights, and Distributive Justice. Social Philosophy and Policy 23 (1):29-68.score: 238.0
    Cosmopolitans argue that the account of human rights and distributive justice in John Rawls's The Law of Peoples is incompatible with his argument for liberal justice. Rawls should extend his account of liberal basic liberties and the guarantees of distributive justice to apply to the world at large. This essay defends Rawls's grounding of political justice in social cooperation. The Law of Peoples is drawn up to provide principles of foreign policy for liberal peoples. Human rights are among (...)
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  11. Gail Bruner Murrow & Richard W. Murrow (2013). A Biosemiotic Body of Law: The Neurobiology of Justice. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):275-314.score: 211.5
    We offer a theory regarding the symbolism of the human body in legal discourse. The theory blends legal theory, the neuroscience of empathy, and biosemiotics, a branch of semiotics that combines semiotics with theoretical biology. Our theory posits that this symbolism of the body is not solely a metaphor or semiotic sign of how law is cognitively structured in the mind. We propose that it also signifies neurobiological mechanisms of social emotion in the brain that are involved in the (...)
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  12. Gerrit K. Kimsma & Evert van Leeuwen (2005). The Human Body as Field of Conflict Between Discourses. Theoretical Medicine and Bioethics 26 (6):559-574.score: 207.0
    The approach to AIDS as a disease and a threat for social discrimination is used as an example to illustrate a conceptual thesis. This thesis is a claim that concerns what we call a medical issue or not, what is medicalised or needs to be demedicalised. In the friction between medicalisation and demedicalisation as discursive strategies the latter approach can only be effected through the employment of discourses or discursive strategies other than medicine, such as those of the law and (...)
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  13. Loane Skene (2007). Legal Rights in Human Bodies, Body Parts and Tissue. Journal of Bioethical Inquiry 4 (2):129-133.score: 195.0
    This paper outlines the current common law principles that protect people’s interests in their bodies, excised body parts and tissue without conferring the rights of full legal ownership. It does not include the recent statutory amendments in jurisdictions such as New South Wales and the United Kingdom. It argues that at common law, people do not own their own bodies or excised bodily material. People can authorise the removal of their bodily material and its use, either during life or after (...)
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  14. Marie Fox & Jean McHale (2000). Regulating Human Body Parts and Products. Health Care Analysis 8 (2):83-85.score: 189.0
    This special volume of Health Care Analysis is dedicated to a consideration of the status of body parts and products and the roleof law in regulating them. We argue that such a discussion is timely giventhe conflation of technological and academic concerns posed by thecomplex legal framework within which these issues are currentlyaddressed and in the light of debates such as those regardingthe storage of children's organs addressed by inquiries atAlder Hay and Bristol, United Kingdom. The contributors addressspecific legal problems (...)
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  15. A. Mahalatchimy, E. Rial-Sebbag, V. Tournay & A. Faulkner (2011). Does the French Bioethics Law Create a 'Moral Exception' to the Use of Human Cells for Health? A Legal and Organizational Issue. Dilemata 7:17-37.score: 189.0
    This article focuses on the legal and organisational regulation of human cells in the United Kingdom and France. French Bioethics Law regulates human cells for health according to European Union law where it is enforceable. But products unregulated by EU law and based on human cells are never considered as medicinal products, given the strict implementation of the principle of “nonpatrimonialité” of the human body and its elements. By comparison, in the UK such products can be (...)
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  16. Dayna Nadine Scott (2009). “Gender-Benders”: Sex and Law in the Constitution of Polluted Bodies. [REVIEW] Feminist Legal Studies 17 (3):241-265.score: 177.0
    This paper explores how law might conceive of the injury or harm of endocrine disruption as it applies to an aboriginal community experiencing chronic chemical pollution. The effect of the pollution in this case is not only gendered, but gendering: it seems to be causing the ‘production’ of two girl babies for every boy born on the reserve. This presents an opening to interrogate how law is implicated in the constitution of not just gender but sex. The analysis takes an (...)
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  17. Michael S. Moore (1993). Act and Crime: The Philosophy of Action and its Implications for Criminal Law. Oxford University Press.score: 168.0
    This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions are the (...)
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  18. Mi-Kyung Kim (2009). Oversight Framework Over Oocyte Procurement for Somatic Cell Nuclear Transfer: Comparative Analysis of the Hwang Woo Suk Case Under South Korean Bioethics Law and U.S. Guidelines for Human Embryonic Stem Cell Research. Theoretical Medicine and Bioethics 30 (5):367-384.score: 162.0
    We examine whether the current regulatory regime instituted in South Korea and the United States would have prevented Hwang’s potential transgressions in oocyte procurement for somatic cell nuclear transfer, we compare the general aspects and oversight framework of the Bioethics and Biosafety Act in South Korea and the US National Academies’ Guidelines for Human Embryonic Stem Cell Research, and apply the relevant provisions and recommendations to each transgression. We conclude that the Act would institute centralized oversight under governmental auspices (...)
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  19. Andreas Bähr (ed.) (2005). Grenzen der Aufklärung: Körperkonstruktionen Und Die Tötung des Körpers Im Übergang Zur Moderne. Wehrhahn.score: 162.0
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  20. Y. Michael Barilan (2009). From Imago Dei in the Jewish-Christian Traditions to Human Dignity in Contemporary Jewish Law. Kennedy Institute of Ethics Journal 19 (3):pp. 231-259.score: 159.0
    The article surveys and analyzes the roles in Judaism of the value of imago Dei/human dignity, especially in bioethical contexts. Two main topics are discussed. The first is a comparative analysis of imago Dei as an anthropological and ethical concept in Jewish and Western thought (Christianity and secular European values). The Jewish tradition highlights the human body and especially its procreative function and external appearance as central to imago Dei. The second is the role of imago Dei as (...)
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  21. Shawn H. E. Harmon (2010). Yearworth V. North Bristol NHS Trust: A Property Case of Uncertain Significance? [REVIEW] Medicine, Health Care and Philosophy 13 (4):343-350.score: 153.0
    It has long been the position in law that, subject to some minor but important exceptions, property cannot be held in the human body, whether living or dead. In the recent case of Yearworth and Others v North Bristol NHS Trust, however, the Court of Appeal for England and Wales revisited the property debate and threw into doubt a number of doctrines with respect to property and the body. This brief article analyses Yearworth, (1) reviewing the facts and the (...)
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  22. Jean Bethke Elshtain & J. Timothy Cloyd (eds.) (1995). Politics and the Human Body: Assault on Dignity. Vanderbilt University Press.score: 150.0
    Who or what determines the right to die? Do advancing reproductive technologies change reproductive rights? What forces influence cultural standards of beauty? How do discipline, punishment, and torture reflect our attitudes about the human body? In this challenging new book, Jean Bethke Elshtain, a nationally recognized scholar in political science and philosophy, and J. Timothy Cloyd, a strong new voice in social and political science, have assembled a collection of thought-provoking essays on these issues written by some of the (...)
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  23. D. A. Frenkel (1979). Law and Medical Ethics. Journal of Medical Ethics 5 (2):53-56.score: 148.0
    Summarising the interrelationship between law and medical ethics, I would say that in cases which do not touch the patient's body or integrity, such as professional secrecy, statutory law may take precedence over rules of medical ethics. But in cases where the human subject becomes a victim because of domestic statutory laws which are in contradiction with medical ethics, the medical practitioners should insist on adhering to their professional standards in such a way that the legislators will have to (...)
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  24. Elizabeth Palmer (2002). Should Public Health Be a Private Concern? Developing a Public Service Paradigm in English Law. Oxford Journal of Legal Studies 22 (4):663-686.score: 148.0
    This article explores the tension between the fundamental perception that the provision of privatized services such as health and social care remain inherently public and the absence of any clearly developed juridical concept of ‘public services’ as the basis of judicial control in accordance with public law standards. In a series of recent cases, courts have had the opportunity to determine whether private contractors engaged in the provision of local authority residential and social care services are amenable to judicial review (...)
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  25. Mark Johnson (2007). The Meaning of the Body: Aesthetics of Human Understanding. University of Chicago Press.score: 144.0
    The belief that the mind and the body are separate and that the mind is the source of all meaning has been a part of Western culture for centuries. Both philosophers and scientists have questioned this dualism, but their efforts have rarely converged. Many philosophers continue to rely on disembodied models of human thought, while scientists tend to reduce the complex process of thinking to a merely physical phenomenon. In The Meaning of the Body , Mark Johnson continues his (...)
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  26. Stephen Wilkinson (2003). Bodies for Sale: Ethics and Exploitation in the Human Body Trade. Routledge.score: 144.0
    Stephen Wilkinson asks what is it that makes some commercial uses of the body controversial, whether such arguments stand up, and whether legislation outlawing ...
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  27. Alexandra George (2004). Is `Property' Necessary? On Owning the Human Body and its Parts. Res Publica 10 (1):15-42.score: 144.0
    Courts usually treat control over human bodies and body parts as a property issue and find that people do not have property rights in themselves. This contradicts the liberal philosophical principle that people should be able to perform any self-regarding actions that do not cause harm to others. The philosophical inconsistencies under pinning the legal treatment of body parts arguably stem from a misplaced judicial preoccupation with‘property’. A better approach would be to hold a policy inquiry (...)
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  28. Harold J. Morowitz (1987). The Mind Body Problem and the Second Law of Thermodynamics. Biology and Philosophy 2 (3):271-275.score: 144.0
    Cartesian mind body dualism and modern versions of this viewpoint posit a mind thermodynamically unrelated to the body but informationally interactive. The relation between information and entropy developed by Leon Brillouin demonstrates that any information about the state of a system has entropic consequences. It is therefore impossible to dissociate the mind's information from the body's entropy. Knowledge of that state of the system without an energetically significant measurement would lead to a violation of the second law of thermodynamics.
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  29. Inga Daukšienė (2011). Legal Effect of WTO Dispute Settlement Body Decisions on the European Union Law (article in Lithuanian). Jurisprudence 18 (3):905-920.score: 144.0
    World Trade Organization (WTO) Agreement includes the Annex 2 Dispute Settlement Understanding (DSU) that reveals with WTO dispute settlement rules and procedures. The Dispute Settlement Body (DSB) is hereby established to administer these rules and procedures. The article analyses the problematic issues of the direct effect of the DSB decisions in the European Union (EU) legal order. ECJ concluded that an individual does not have the right to challenge, the incompatibility of Community measures with WTO rules, even if the DSB (...)
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  30. V. Slaughter, M. Heron & S. Sim (2002). Development of Preferences for the Human Body Shape in Infancy. Cognition 85 (3):71-81.score: 144.0
    Two studies investigated the development of infants' visual preferences for the human body shape. In Study 1, infants of 12,15 and 18 months were tested in a standard preferential looking experiment, in which they were shown paired line drawings of typical and scrambled bodies. Results indicated that the 18-month-olds had a reliable preference for the scrambled body shapes over typical body shapes, while the younger infants did not show differential responding. In Study 2, 12- and 18-month-olds were tested with (...)
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  31. Lyra Jakulevičienė (2012). Lessons of the First EU Court of Justice Judgments in Asylum Cases. Jurisprudence 19 (2):477-505.score: 138.0
    Starting from 2009, national courts of the EU Member States for the first time gained a “real” right to request the EU Court of Justice for preliminary rulings in asylum matters. First judgments of this Court demonstrate equivocal tendencies: some are blaming the Court for incompetence in asylum matters, others believe that the adoption of authoritative decisions at the European level will assist in developing consistent practice of applying asylum law in the European Union, something that failed at international level (...)
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  32. Eric Matthews (2007). Body-Subjects and Disordered Minds. Oxford University Press.score: 126.0
    How should we deal with mental disorder - as an "illness" like diabetes or bronchitis, as a "problem in living", or what? This book seeks to answer such questions by going to their roots, in philosophical questions about the nature of the human mind, the ways in which it can be understood, and about the nature and aims of scientific medicine. The controversy over the nature of mental disorder and the appropriateness of the "medical model" is not just an (...)
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  33. Amel Alghrani, Rebecca Bennett & Suzanne Ost (eds.) (2012). Bioethics, Medicine, and the Criminal Law: The Criminal Law and Bioethical Conflict: Walking the Tightrope. Cambridge University Press.score: 126.0
    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. (...)
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  34. Jack Baker (2011). Review of Jonathan CK Wells's The Evolutionary Biology of Human Body Fatness: Thrift and Control (Cambridge: Cambridge University Press, 2010). [REVIEW] Human Nature 22 (4):439-443.score: 126.0
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  35. Amel Alghrani, Rebecca Bennett & Suzanne Ost (eds.) (2013). Bioethics, Medicine, and the Criminal Law. Cambridge University Press.score: 126.0
    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. (...)
     
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  36. Otfried Höffe (2006). Kant's Cosmopolitan Theory of Law and Peace. Cambridge University Press.score: 126.0
    Kant is widely acknowledged for his critique of theoretical reason, his universalistic ethics, and his aesthetics. Scholars, however, often ignore his achievements in the philosophy of law and government. At least four innovations that are still relevant today can be attributed to Kant. He is the first thinker, and to date the only great thinker, to have elevated the concept of peace to the status of a foundational concept of philosophy. Kant links this concept to the political innovation of his (...)
     
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  37. Samuel Todes (1990). The Human Body as Material Subject of the World. Garland Pub..score: 126.0
  38. Vincent Chiao (2013). Punishment and Permissibility in the Criminal Law. Law and Philosophy 32 (6):729-765.score: 121.5
    The United States Supreme Court has repeatedly insisted that what distinguishes a criminal punishment from a civil penalty is the presence of a punitive legislative intent. Legislative intent has this role, in part, because court and commentators alike conceive of the criminal law as the body of law that administers punishment; and punishment, in turn, is conceived of in intention-sensitive terms. I argue that this understanding of the distinction between civil penalties and criminal punishments depends on a highly controversial proposition (...)
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  39. Douglas C. Long (1964). The Philosophical Concept of a Human Body. Philosophical Review 73 (July):321-337.score: 120.0
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  40. Y. Michael Barilan (2005). The Story of the Body and the Story of the Person: Towards an Ethics of Representing Human Bodies and Body-Parts. Medicine, Health Care and Philosophy 8 (2):193-205.score: 120.0
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  41. Franklin C. Shontz & Ronald D. McNish (1972). The Human Body as Stimulus Object: Estimates of Distances Between Body Landmarks. Journal of Experimental Psychology 95 (1):20.score: 120.0
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  42. Kristin Solum Steinsbekk, Lars Øystein Ursin, John-Arne Skolbekken & Berge Solberg (2013). We're Not in It for the Money—Lay People's Moral Intuitions on Commercial Use of 'Their' Biobank. Medicine, Health Care and Philosophy 16 (2):151-162.score: 118.0
    Great hope has been placed on biobank research as a strategy to improve diagnostics, therapeutics and prevention. It seems to be a common opinion that these goals cannot be reached without the participation of commercial actors. However, commercial use of biobanks is considered morally problematic and the commercialisation of human biological materials is regulated internationally by policy documents, conventions and laws. For instance, the Council of Europe recommends that: “Biological materials should not, as such, give rise to financial gain”. (...)
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  43. Feliz Molina (2011). Investigative Poetics: In (Night)-Light of Akilah Oliver. Continent 1 (2):70-75.score: 118.0
    continent. 1.2 (2011): 70-75. cartography of ghosts . . . And as a way to talk . . . of temporality the topography of imagination, this body whose dirty entry into the articulation of history as rapturous becoming & unbecoming, greeted with violence, i take permission to extend this grace —Akilah Oliver from “An Arriving Guard of Angels Thusly Coming To Greet” Our disappearance is already here. —Jacques Derrida, 117 I wrestled with death as a threshold, an aporia, a bandit, (...)
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  44. Radhika Rao (2007). Genes and Spleens: Property, Contract, or Privacy Rights in the Human Body? Journal of Law, Medicine and Ethics 35 (3):371-382.score: 117.0
  45. Lori B. Andrews & Dorothy Nelkin (1997). Book Review: Body Parts: Property Rights Ad the Ownership of Human Biological Materials. [REVIEW] Journal of Law, Medicine and Ethics 25 (2-3):210-212.score: 117.0
  46. Nicholas Aroney (2007). Subsidiarity, Federalism and the Best Constitution: Thomas Aquinas on City, Province and Empire. [REVIEW] Law and Philosophy 26 (2):161-228.score: 108.0
    This article closely examines the way in which Thomas Aquinas understood the relationship between the various forms of human community. The article focuses on Aquinas's theory of law and politics and, in particular, on his use of political categories, such as city, province and empire, together with the associated concepts of kingdom and nation, as well as various social groupings, such as household, clan and village, alongside of the distinctly ecclesiastical categories of parish, diocese and universal church. The analysis (...)
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  47. Debra Bergoffen (2011). Exploiting the Dignity of the Vulnerable Body: Rape as a Weapon of War. Philosophical Papers 38 (3):307-325.score: 108.0
    When the International Criminal Tribunal for the Former Yugoslavia convicted the Bosnian Serb soldiers who used rape as a weapon of war of violating the human right to sexual self determination and of crimes against humanity, it transformed vulnerability from a mark of feminine weakness to a shared human condition. The court's judgment directs us to note the ways in which the exploitation of our bodied vulnerability is an assault on our dignity. It alerts us to the ways (...)
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  48. Philip J. Nickel (2008). Ethical Issues in Human Embryonic Stem Cell Research. In Kristen Renwick Monroe, Ronald B. Miller & Jerome Tobis (eds.), Fundamentals of the Stem Cell Debate: The Scientific, Religious, Ethical & Political Issues. University of California Press.score: 108.0
    As a moral philosopher, the perspective I will take in this chapter is one of argumentation and informed judgment about two main questions: whether individuals should ever choose to conduct human embryonic stem cell research, and whether the law should permit this type of research. I will also touch upon a secondary question, that of whether the government ought to pay for this type of research. I will discuss some of the main arguments at stake, and explain how the (...)
     
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  49. John Sutton (1996). Uncanny Innards: Review of Sawday, The Body Emblazoned. [REVIEW] Metascience 9:179-182.score: 108.0
    In a "parenthesis of fascinated horror" before "the complete discovery and subjection of the body to science", Renaissance anatomists and poets shared peculiar emotions of dread and desire towards the bodies they dissected and described. Jonathan Sawday's ambitious project is to evoke the common taboos, resistances, and fears which the human body provoked in its various early modern investigators, while telling "stories of terrible cruelty, which are tinged by a form of dark eroticism". He is justifiably proud of the (...)
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  50. Cormac M. Nagle (2013). Giving Due Emphasis to the Human Person in Catholic Moral Teaching. Australasian Catholic Record, The 90 (1):47.score: 108.0
    Nagle, Cormac M The advent of the social sciences, psychology and sociology, and their development over the past eighty years or so have made us much more aware of the integrated nature of the human person. Today we are less likely to speak about souls and bodies as separate entities or to be dualistic in our thinking. Nevertheless, the influence of the Stoics in their teaching on natural law and its ethical implications, based on what is natural physically, and (...)
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