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: 954.0
    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: 942.0
    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. 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: 468.0
    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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  4. J. V. McHale (1992). The Human Body and the Law. Journal of Medical Ethics 18 (2):110-110.score: 405.0
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  5. 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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  6. 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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  7. Samuel Freeman (2006). The Law of Peoples, Social Cooperation, Human Rights, and Distributive Justice. Social Philosophy and Policy 23 (1):29-68.score: 318.0
    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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  8. Elizabeth Wicks (2007). Human Rights and Healthcare. Hart Pub..score: 316.0
    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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  9. 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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  10. 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: 292.5
    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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  11. 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: 288.0
    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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  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: 279.0
    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: 267.0
    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: 261.0
    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: 261.0
    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. 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: 234.0
    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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  17. 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: 231.0
    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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  18. Stephen Wilkinson (2003). Bodies for Sale: Ethics and Exploitation in the Human Body Trade. Routledge.score: 216.0
    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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  19. 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: 216.0
    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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  20. Dayna Nadine Scott (2009). “Gender-Benders”: Sex and Law in the Constitution of Polluted Bodies. [REVIEW] Feminist Legal Studies 17 (3):241-265.score: 213.0
    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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  21. Jean Bethke Elshtain & J. Timothy Cloyd (eds.) (1995). Politics and the Human Body: Assault on Dignity. Vanderbilt University Press.score: 198.0
    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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  22. Mark Johnson (2007). The Meaning of the Body: Aesthetics of Human Understanding. University of Chicago Press.score: 192.0
    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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  23. Alexandra George (2004). Is `Property' Necessary? On Owning the Human Body and its Parts. Res Publica 10 (1):15-42.score: 192.0
    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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  24. Harold J. Morowitz (1987). The Mind Body Problem and the Second Law of Thermodynamics. Biology and Philosophy 2 (3):271-275.score: 192.0
    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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  25. Stefanie Rembold (2014). Human Enhancement’? It’s All About ‘Body Modification’! Why We Should Replace the Term ‘Human Enhancement’ with ‘Body Modification’. NanoEthics 8 (3):307-315.score: 192.0
    The current use of the term ‘Human Enhancement’ implies that it is a modern, new phenomenon in which, for the first time in history, humans are able to break through their god or nature-given bodily limits thanks to the application of new technologies. The debate about the legitimation of ‘HE’, the selection of methods permitted, and the scope and purpose of these modern enhancement technologies has been dominated by ethical considerations, and has highlighted problems with the definition of the (...)
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  26. V. Slaughter, M. Heron & S. Sim (2002). Development of Preferences for the Human Body Shape in Infancy. Cognition 85 (3):71-81.score: 192.0
    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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  27. 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: 189.0
  28. 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: 189.0
  29. Michael S. Moore (1993). Act and Crime: The Philosophy of Action and its Implications for Criminal Law. Oxford University Press.score: 188.0
    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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  30. 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: 174.0
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  31. Samuel Todes (1990). The Human Body as Material Subject of the World. Garland Pub..score: 174.0
  32. Douglas C. Long (1964). The Philosophical Concept of a Human Body. Philosophical Review 73 (July):321-337.score: 168.0
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  33. 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: 168.0
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  34. D. A. Frenkel (1979). Law and Medical Ethics. Journal of Medical Ethics 5 (2):53-56.score: 168.0
    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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  35. 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: 168.0
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  36. 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: 168.0
    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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  37. 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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  38. Pheng Cheah, David Fraser & Judith Grbich (eds.) (1996). Thinking Through the Body of the Law. New York University Press.score: 156.0
    The body of the law is an ambiguous phrase. Conventionally, it designates the law as a determinate corpus; legal codes, statutes, and the rulings of common law. But it can also refer to the subjected body that is produced by and is part of the law. This subjected body is necessary for the law's existence. Thinking Through the Body of the Law reconceives the role of the body in the founding, maintaining, and regulation of our legal systems and social order (...)
     
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  39. Renato Alves de Oliveira (2013). A relação entre o corpo e a alma do ser humano na teologia cristã: uma aproximação histórica e contemporânea. (The relation between body and soul of human being in Christian Theology: A historical and contemporary approach). Horizonte 11 (31):1081-1105.score: 156.0
    A relação entre o corpo e a alma do ser humano na teologia cristã: uma aproximação histórica e contemporânea. (The relation between body and soul of human being in Christian Theology: A historical and contemporary approach) - DOI: 10.5752/P.2175-5841.2013v11n31p1081 O objetivo deste artigo é apresentar como se deu, no plano histórico, e se dá, atualmente, na contemporaneidade, as relações entre o corpo e a alma, no âmbito da antropologia cristã. Historicamente, primeiro se constatou a existência do corpo e da (...)
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  40. Bárbara Nascimento Duarte (2014). Entangled Agencies: New Individual Practices of Human-Technology Hybridism Through Body Hacking. NanoEthics 8 (3):275-285.score: 156.0
    This essay develops its idiosyncrasy by concentrating primarily on the trend of body hacking. The practitioners, self-defined as body hackers, self-made cyborgs or grinders, work in different ways to develop functional and physiological modifications through the contributions of technology. Their goal is to develop by themselves an empirically man-technique fusion. These dynamic “scientific” subcultures are producing astonishing innovations. From pocket-sized kits that sample human DNA, microchip implants that keep tabs on our internal organs, blood sugar levels or moods, and (...)
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  41. Shawn Loht (forthcoming). On the Concept of the Human Body in Heraclitus. Proceedings of the Southeast Philosophy Congress.score: 156.0
    Explores how the fragments of Heraclitus might yield an implicit understanding of the human body in distinction to the soul. In the history of scholarship on Heraclitus, soul is a much better understood concept, whereas it is normally assumed that Heraclitus, along with other figures of early Greek thought, shows only the most limited comprehension of the human being in terms of bodily form or substance. In this work I sketch some different ways in which Heraclitus’ accounts of (...)
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  42. 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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  43. Mark Schweda & Silke Schicktanz (2009). The "Spare Parts Person"? Conceptions of the Human Body and Their Implications for Public Attitudes Towards Organ Donation and Organ Sale. Philosophy, Ethics, and Humanities in Medicine 4 (1):4-.score: 146.0
    BackgroundThe increasing debate on financial incentives for organ donation raises concerns about a "commodification of the human body". Philosophical-ethical stances on this development depend on assumptions concerning the body and how people think about it. In our qualitative empirical study we analyze public attitudes towards organ donation in their specific relation to conceptions of the human body in four European countries (Cyprus, Germany, the Netherlands and Sweden). This approach aims at a more context-sensitive picture of what "commodification of (...)
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  44. Silke Schicktanz (2007). Why the Way We Consider the Body Matters – Reflections on Four Bioethical Perspectives on the Human Body. Philosophy, Ethics, and Humanities in Medicine 2 (1):30.score: 146.0
    Within the context of applied bioethical reasoning, various conceptions of the human body are focused upon by the author in relation to normative notions of autonomy.
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  45. Kevin Corcoran (ed.) (2001). Soul, Body, and Survival: Essays on the Metaphysics of Human Persons. Cornell University Press.score: 144.0
    This collection brings together cutting-edge research on the metaphysics of human nature and soul-body dualism.Kevin Corcoran's collection, Soul, Body, and ...
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  46. Mirko Farina (forthcoming). Beyond the Brain - How Body and Environment Shape Animal and Human Minds. [REVIEW] Phenomenology and the Cognitive Sciences.score: 144.0
    Beyond the Brain: How Body and Environment Shape Animal and Human Minds is an eye-opening and thought- provoking book that sets out a much-needed contribution to the study of the relationship between animals, cognition and the environment. The volume provides remarkable new insights into how to understand animal (including human) behavior, raises interesting questions about the role of environmental affordances in the emergence of complex cognitive processes and provides the reader with a refreshing break from the wearisome excess (...)
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  47. Thérèse-Anne Druart (2000). The Human Soul's Individuation and its Survival After the Body's Death: Avicenna on the Causal Relation Between Body and Soul. Arabic Sciences and Philosophy 10 (2):259-273.score: 144.0
    As for Avicenna the human soul is a complete substance which does\nnot inhere in the body nor is imprinted in it, asserting its survival\nafter the death of the body seems easy. Yet, he needs the body to\nexplain its individuation. The paper analyzes Avicenna's arguments\nin the De anima sections, V, 3 and 4, of the Shifa' in order to explore\nthe exact causal relation there is between the human soul and its\nbody and confronts these arguments with relevant passages in the\nMetaphysics. (...)
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  48. Hillel Steiner (2004). The Right to Trade in Human Body Parts. In Jonathan Seglow (ed.), The Ethics of Altruism. F. Cass Publishers. 187-193.score: 144.0
    This essay challenges the coherence of arguments brought in support of prohibiting the sale of human body parts. Considerations of neither social utility nor individual rights nor avoidance of exploitation seem sufficient to ground such a prohibition. Indeed, they may be sufficient to invalidate it.
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  49. Ludwig Siep (2003). Normative Aspects of the Human Body. Journal of Medicine and Philosophy 28 (2):171 – 185.score: 144.0
    In cultural history the human body has been the object of a great variety of opposing valuations, ranging from "imago dei" to "the devil's tool". At present, the body is commonly regarded as a mere means to fulfill the wishes of its "owner". According to these wishes it can be technically improved in an unlimited way. Against this view the text argues for a conception of the human body as a valuable "common heritage". The "normal" human body (...)
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  50. Eric Matthews (2007). Body-Subjects and Disordered Minds. Oxford University Press.score: 144.0
    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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