Results for 'Guardianship law'

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  1.  18
    The understanding of well-being in German guardianship law – an analysis on the occasion of the term’s removal from the reformed law.Esther Braun, Jakov Gather, Tanja Henking, Jochen Vollmann & Matthé Scholten - 2022 - Ethik in der Medizin 34 (4):515-528.
    Definition of the problem The reform of German guardianship law coming into force in 2023 will remove the term “well-being” from the law. This is intended to emphasise that the legal guardian should be guided by the subjective wishes of the person rather than by an objective understanding of well-being. This article analyses the understanding of well-being underlying the reformed guardianship law in comparison to common conceptions of well-being in philosophy and medical ethics, aiming to promote interdisciplinary understanding (...)
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  2.  17
    The understanding of well-being in German guardianship law – an analysis on the occasion of the term’s removal from the reformed law.Esther Braun, Jakov Gather, Tanja Henking, Jochen Vollmann & Matthé Scholten - 2022 - Ethik in der Medizin 34 (4):515-528.
    Definition of the problem The reform of German guardianship law coming into force in 2023 will remove the term “well-being” from the law. This is intended to emphasise that the legal guardian should be guided by the subjective wishes of the person rather than by an objective understanding of well-being. This article analyses the understanding of well-being underlying the reformed guardianship law in comparison to common conceptions of well-being in philosophy and medical ethics, aiming to promote interdisciplinary understanding (...)
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  3.  47
    Normativity, guardianship, and the elderly.Lorraine Y. Landry - 1999 - Theoretical Medicine and Bioethics 20 (1):69-84.
    The concept of guardianship, its associated principles, distinctions, and articulation of the legal needs of the elderly are introduced via a review of well-canvassed criticisms of Canadian guardianship legislation. Claims that the reformed legislation of Alberta, Quebec, and British Columbia represent models of adequate adult guardianship compared with traditional (archaic lunacy) law are examined. This paper argues that these renovated models exhibit a dubious normative advance over traditional legislation. Specifically, the normative presuppositions of the reformed legislation, such (...)
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  4.  20
    Guardianship Before and Following Hospitalization.Jennifer Moye, Andrew B. Cohen, Kelly Stolzmann, Elizabeth J. Auguste, Casey C. Catlin, Zachary S. Sager, Rachel E. Weiskittle, Cindy B. Woolverton, Heather L. Connors & Jennifer L. Sullivan - 2023 - HEC Forum 35 (3):271-292.
    When ethics committees are consulted about patients who have or need court-appointed guardians, they lack empirical evidence about several common issues, including the relationship between guardianship and prolonged, potentially medically unnecessary hospitalizations for patients. To provide information about this issue, we conducted quantitative and qualitative analyses using a retrospective cohort from Veterans Healthcare Administration. To examine the relationship between guardianship appointment and hospital length of stay, we first compared 116 persons hospitalized prior to guardianship appointment to a (...)
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  5.  7
    How the Guardianship System Can Help Address Gun Violence.Nina A. Kohn - 2020 - Journal of Law, Medicine and Ethics 48 (S4):133-136.
    This article shows how state guardianship law can provide a mechanism for courts to reduce gun violence by removing the right to possess firearms from individuals found, after hearing and due process, to be incapable of safely possessing them. It explores how this often overlooked body of law not only complements extreme risk protection orders where they exist, but can also be used to accomplish a portion of what such orders are designed to do in states that have not (...)
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  6.  18
    The VLRC report on guardianship and catholic teaching.Kevin McGovern - 2011 - Chisholm Health Ethics Bulletin 17 (4):1.
    McGovern, Kevin The Victorian Law Reform Commission's Report on Guardianship contains many findings and recommendations about Advance Care Planning. This article considers the most significant of these from the perspective of the teaching of the Catholic Church.
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  7. Dementia, autonomy and guardianship for the old.Margaret Isabel Hall - 2014 - In Charles Foster, Jonathan Herring & Israel Doron (eds.), The law and ethics of dementia. Portland, Oregon: Hart Publishing.
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  8.  26
    Trends in Guardianship Reform: Implications for the Medical and Legal Professions.Penelope A. Hommel, Lu-In Wang & James A. Bergman - 1990 - Journal of Law, Medicine and Ethics 18 (3):213-226.
  9.  19
    Trends in Guardianship Reform: Implications for the Medical and Legal Professions.Penelope A. Hommel, Lu-in Wang & James A. Bergman - 1990 - Journal of Law, Medicine and Ethics 18 (3):213-226.
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  10.  8
    Essentials of nursing law and ethics.Susan J. Westrick - 2014 - Burlington, Massachusetts: Jones & Bartlett Learning.
    The legal environment -- Regulation of nursing practice -- Nurses in legal actions -- Standards of care -- Defenses to negligence or malpractice -- Prevention of malpractice -- Nurses as witnesses -- Professional liability insurance -- Accepting or refusing an assignment/patient abandonment -- Delegation to unlicensed assistive personnel -- Patients' rights and responsibilities -- Confidential communication -- Competency and guardianship -- Informed consent -- Refusal of treatment -- Pain control -- Patient teaching and health counseling -- Medication administration -- (...)
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  11.  8
    Law, ethics, and medicine: essays in honour of Peter Skegg.Mark Henaghan, Jesse Wall, P. D. G. Skegg & Ron Paterson (eds.) - 2016 - Wellington [New Zealand]: Thomson Reuters New Zealand.
    Described as one of the two fathers of medical law, Professor Peter Skegg has been a leading figure in the study of law and medicine. Over a 46 year academic career at the University of Auckland, University of Oxford, and the University of Otago, Professor Skegg has helped develop the field of medical law into a burgeoning academic discipline and has provided intellectual guardianship for the practice of law and medicine. This collection brings together contemporaries, colleagues, and former students (...)
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  12.  16
    Functional Evaluation of the Elderly in Guardianship Proceedings.Bobbe Shapiro Nolan - 1984 - Journal of Law, Medicine and Ethics 12 (5):210-218.
  13.  5
    Functional Evaluation of the Elderly in Guardianship Proceedings.Bobbe Shapiro Nolan - 1984 - Journal of Law, Medicine and Ethics 12 (5):210-218.
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  14.  34
    Law and Gospel, or the Law of the Gospel? Karl Barth's Political Theology Compared with Luther and Calvin.Jesse Couenhoven - 2002 - Journal of Religious Ethics 30 (2):181 - 205.
    This essay is an attempt to understand the significance of Barth's redefinition of the "law/gospel" rubric for political theology. Barth's thought is exposited at length, and illumined by comparison with Luther and Calvin. Luther emphasizes the distance between gospel and the law, distinguishing between serving God in the secular regiment, and serving Christ in the spiritual regiment. He thereby challenges the improper relation of state and church, but does so in a manner that can lead to a passive dualism. Calvin (...)
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  15.  26
    Invoking the Law in Ethics Consultation.Bethany Spielman - 1993 - Cambridge Quarterly of Healthcare Ethics 2 (4):457.
    A request that an ethics committee or consultant analyze the ethical issues in a case, delineate ethical options, or make a recommendation need not automatically but often does elicit legal information. In a recent book in which ethics consultants described cases on which they had worked, almost all cited a legal case or statute that had shaped the consultation process. During a period of just a few months, case consultation done under the auspices of one university hospital ethics committee involved (...)
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  16. Paper: A new law on advance directives in Germany.U. Wiesing, R. J. Jox, H.-J. Heßler & G. D. Borasio - 2010 - Journal of Medical Ethics 36 (12):779-783.
    This article presents the new German law on advance directives from 1 September 2009. The history of the parliamentary process of this law is described, the present regulations are explained, their relevance for medical practice discussed and shortcomings are identified. Finally, the new law is compared with other regulations in the international context. Previously established legal practice in Germany has now become largely confirmed by the new law: An advanced directive must be respected in any decision concerning medical treatment, regardless (...)
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  17. Bioethics, the law and the care of those in need.Robert Clark - 2013 - Chisholm Health Ethics Bulletin 18 (3):1.
    Clark, Robert Victorian Attorney-General the Hon Robert Clark was guest speaker at the 2012 Annual General Meeting of the Caroline Chisholm Centre for Health Ethics. In this extract from his speech, he discusses the relationship between the law and ethics, and the reform of Victoria's laws on guardianship and powers of attorney. While some ethical obligations should not be made into legal duties, he argues that every legal duty is founded upon a moral obligation. The reform of Victoria's laws (...)
     
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  18.  9
    Health Care Surrogacy Laws Do Not Adequately Address the Needs of Minors.Rupali Gandhi, Erin Talati Paquette, Lainie Friedman Ross & Erin Flanagan - 2020 - Hastings Center Report 50 (2):16-18.
    A couple and their five‐year‐old daughter are in a car accident. The parents are not expected to survive. The child is transported to a children's hospital, and urgent treatment decisions must be made. Whom should the attending physician approach to make decisions for the child? When such cases arise in, for example, the hospitals where we work, the social worker or chaplain is instructed to use the Illinois Health Care Surrogacy Act as a guidepost to identify a decision‐maker. But in (...)
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  19.  39
    Islamo-Arabic Culture and Women’s Law: An Introduction to the Sociology of Women’s Law in Islam.Abbas Mehregan - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (2):405-424.
    The present paper addresses the mutual relationship between society and law in shaping women’s law in Islam from the perspective of the sociology of law. It analyzes the role of pre-Islamic social, political, and economic structures in the Arabian Peninsula in modeling women’s law and highlights some customary laws which were rejected or revived and integrated in Islamic jurisprudence. In this regard, the paper reviews issues such as polygyny, rights to inheritance, marriage, the process of testimony and acceptable forms of (...)
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  20.  31
    The guardian of the constitution: Hans Kelsen and Carl Schmitt on the limits of constitutional law.Hans Kelsen, Carl Schmitt & Lars Vinx (eds.) - 2015 - United Kingdom: Cambridge University Press.
    This volume provides the first English translation of Hans Kelsen's and Carl Schmitt's influential Weimar-era debate on constitutional guardianship and the legitimacy of constitutional review. It includes Kelsen's seminal piece, 'The Nature and Development of Constitutional Adjudication', as well as key extracts from the 'Guardian of the Constitution' which present Schmitt's argument against constitutional review. Also included are Kelsen's review of Schmitt's 'Guardian of the Constitution', as well as some further material by Kelsen and Schmitt on presidential dictatorship under (...)
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  21.  10
    Critical perspectives on coercive interventions: law, medicine and society.Claire Spivakovsky (ed.) - 2018 - New York: Routledge.
    Coercive medico-legal interventions are often employed to prevent people deemed to be unable to make competent decisions about their health, such as minors, people with mental illness, disability or problematic alcohol or other drug use, from harming themselves or others. These interventions can entail major curtailments of individuals' liberty and bodily integrity, and may cause significant harm and distress. The use of coercive medico-legal interventions can also serve competing social interests that raise profound ethical, legal and clinical questions. Examining the (...)
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  22.  50
    Emergency research without consent under polish law.Joanna Różyńska & Marek Czarkowski - 2007 - Science and Engineering Ethics 13 (3):337-350.
    Although Directive 2001/20/EC of the European Parliament and of Council of 4 April 2001 on the approximation of the laws regulations and administrative provisions of the Member States relating to the implementation of good clinical practice in the conduct of clinical trials on medicinal products for human use does not contain an exception for emergency situations, and requires the informed consent of a legal representative in all cases where research is conducted on legally competent individuals who are unable to give (...)
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  23. Power, action, and belief: a new sociology of knowledge?John Law (ed.) - 1986 - Boston: Routledge & Kegan Paul.
  24. The evil-god challenge.Stephen Law - 2010 - Religious Studies 46 (3):353 - 373.
    This paper develops a challenge to theism. The challenge is to explain why the hypothesis that there exists an omnipotent, omniscient and all-good god should be considered significantly more reasonable than the hypothesis that there exists an omnipotent, omniscient and all-evil god. Theists typically dismiss the evil-god hypothesis out of hand because of the problem of good–there is surely too much good in the world for it to be the creation of such a being. But then why doesn't the problem (...)
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  25. The Dependence Response and Explanatory Loops.Andrew Law - 2020 - Faith and Philosophy 37 (3):294-307.
    There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...)
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  26.  10
    On indeterminacy in law.Law Dictionary - 1985 - American Journal of Jurisprudence 30 (1).
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  27.  13
    Law Week Dinner.Law Council C. E. O. Peter Webb, Justice Mary Finn, Amy Burr, Warwick Burr, Christopher Ryan, Councillor Linda Crebbin & Michael Flynn - forthcoming - Ethos: Journal of the Society for Psychological Anthropology.
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  28.  50
    Aircraft stories: decentering the object in technoscience.John Law - 2002 - Durham, NC: Duke University Press.
    "What is a military aircraft? John Law shows in his beautiful analysis that it is a constant oscillation between multiplicity and singularity.
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  29.  27
    Complexities: Social Studies of Knowledge Practices.John Law & Annemarie Mol (eds.) - 2002 - Duke University Press.
    Although much recent social science and humanities work has been a revolt against simplification, this volume explores the contrast between simplicity and complexity to reveal that this dichotomy, itself, is too simplistic. John Law and Annemarie Mol have gathered a distinguished panel of contributors to offer—particularly within the field of science studies—approaches to a theory of complexity, and at the same time a theoretical introduction to the topic. Indeed, they examine not only ways of relating to complexity but complexity _in (...)
  30. Motivation, depression and character.Iain Law - 2009 - In Matthew Broome & Lisa Bortolotti (eds.), Psychiatry as Cognitive Neuroscience: Philosophical Perspectives. New York: Oxford University Press. pp. 351--364.
     
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  31.  48
    Lessons from Grandfather.Andrew Law & Ryan Wasserman - 2022 - Philosophies 7 (1):11.
    Assume that, even with a time machine, Tim does not have the ability to travel to the past and kill Grandfather. Why would that be? And what are the implications for traditional debates about freedom? We argue that there are at least two satisfactory explanations for why Tim cannot kill Grandfather. First, if an agent’s behavior at time _t_ is causally dependent on fact _F_, then the agent cannot perform an action (at _t_) that would require _F_ to have not (...)
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  32. Ecological Laws.Ecological Laws - unknown
    The question of whether there are laws in ecology is important for a number of reasons. If, as some have suggested, there are no ecological laws, this would seem to distinguish ecology from other branches of science, such as physics. It could also make a difference to the methodology of ecology. If there are no laws to be discovered, ecologists would seem to be in the business of merely supplying a suite of useful models. These models would need to be (...)
     
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  33.  25
    Embodied Action, Enacted Bodies: the Example of Hypoglycaemia.John Law & Annemarie Mol - 2004 - Body and Society 10 (2-3):43-62.
    We all know that we have and are our bodies. But might it be possible to leave this common place? In the present article we try to do this by attending to the way we do our bodies. The site where we look for such action is that of handling the hypoglycaemias that sometimes happen to people with diabetes. In this site it appears that the body, active in measuring, feeling and countering hypoglycaemias is not a bounded whole: its boundaries (...)
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  34.  73
    From the fixity of the past to the fixity of the independent.Andrew Law - 2020 - Philosophical Studies 178 (4):1301-1314.
    There is an old but powerful argument for the claim that exhaustive divine foreknowledge is incompatible with the freedom to do otherwise. A crucial ingredient in this argument is the principle of the “Fixity of the Past”. A seemingly new response to this argument has emerged, the so-called “dependence response,” which involves, among other things, abandoning FP for an alternative principle, the principle of the “Fixity of the Independent”. This paper presents three arguments for the claim that FI ought to (...)
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  35. Naturalism, evolution and true belief.Stephen Law - 2012 - Analysis 72 (1):41-48.
    Plantinga's Evolutionary Argument Against Naturalism aims to show that naturalism is, as he puts it, ‘incoherent or self defeating’. Plantinga supposes that, in the absence of any God-like being to guide the process, natural selection is unlikely to favour true belief. Plantinga overlooks the fact that adherents of naturalism may plausibly hold that there exist certain conceptual links between belief content and behaviour. Given such links, natural selection will favour true belief. A further rather surprising consequence of the existence of (...)
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  36.  47
    Natural Law and Natural Inclinations.Natural Law, Natural Inclinations & Douglas Flippen - 1986 - New Scholasticism 60 (3):284-316.
  37. If Molinism is true, what can you do?Andrew Law - forthcoming - International Journal for Philosophy of Religion:1-16.
    Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...)
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  38. The Pandora’s box objection to skeptical theism.Stephen Law - 2015 - International Journal for Philosophy of Religion 78 (3):285-299.
    Skeptical theism is a leading response to the evidential argument from evil against the existence of God. Skeptical theists attempt to block the inference from the existence of inscrutable evils to gratuitous evils by insisting that given our cognitive limitations, it wouldn’t be surprising if there were God-justifying reasons we can’t think of. A well-known objection to skeptical theism is that it opens up a skeptical Pandora’s box, generating implausibly wide-ranging forms of skepticism, including skepticism about the external world and (...)
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  39.  10
    INTRODUCTION: Law Introduction.Stephen Law - 2011 - Think 10 (29):5-7.
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  40.  14
    INTRODUCTION: Law Introduction.Stephen Law - 2011 - Think 10 (27):5-8.
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  41.  13
    INTRODUCTION: Law Introduction.Stephen Law - 2012 - Think 11 (32):5-10.
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  42.  15
    INTRODUCTION: Law Introduction.Stephen Law - 2013 - Think 12 (35):5-13.
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  43.  11
    INTRODUCTION: Law Introduction.Stephen Law - 2011 - Think 10 (28):5-8.
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  44.  64
    Kids’ Law.Stephen Law - 2003 - The Philosophers' Magazine 24 (24):38-39.
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  45.  11
    Kids’ Law.Stephen Law - 2003 - The Philosophers' Magazine 24:38-39.
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  46. Sociological Review Monograph 32.John Law - 1986 - In Power, Action, and Belief: A New Sociology of Knowledge? Routledge & Kegan Paul. pp. 234--263.
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  47.  45
    Objects and Spaces.John Law - 2002 - Theory, Culture and Society 19 (5-6):91-105.
    Law's article begins by restating the classical ANT position that objects do not exist `in themselves' but are the effect of a performative stabilization of relational networks. In addition, these material enactments inevitably have a spatial dimension; they simultaneously establish spatial conditions for objectual identity, continuity, and difference. Space must not be reified as a natural, pre-existing container of the social and the material, but is itself a performance. Moreover, there are multiple forms of spatiality beyond the Euclidean space of (...)
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  48. Incompatibilism and the garden of forking paths.Andrew Law - 2023 - Philosophical Issues 33 (1):110-123.
    Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...)
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  49.  5
    The universe of experience: a world view beyond science and religion.Lancelot Law Whyte - 1974 - New York: Harper & Row.
  50.  95
    Could a Machine Think?: Law Could a machine think?Stephen Law - 2002 - Think 1 (1):55-65.
    The year is 2100. Geena is the proud new owner of Emit, a state-of-the-art robot. She has just unwrapped him, the packaging strewn across the dining room floor. Emit is designed to replicate the outward behaviour of a human being down to the last detail . Emit responds to questions in much the same way humans do. Ask him how he feels and he will say he has had a tough day, has a slight headache, is sorry he broke that (...)
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