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Clinical Ethics Consultation
This volume brings together researchers from different European countries and disciplines who are involved in Clinical Ethics Consultation (CEC). The work provides an analysis of the theories and methods underlying CEC as well a discussion of practical issues regarding the implementation and evaluation of CEC. The first section deals with different possible approaches in CEC. The authors explore the question of how we should decide complex cases in clinical ethics, that is, which ethical theory, approach or method is most suitable in order to make an informed ethical decision. It also discusses whether clinical ethicists should be ethicists by education or rather well-trained facilitators wi...
The Montreal Convention
This unparalleled reference work on airline liability is written and edited by internationally revered experts and presents a comprehensive, article-by-article analysis of the Montreal Convention 1999 (MC99).
The Generosity of the Dead
There has been a general assumption in the international debate surrounding organ procurement that Presumed Consent (opting-out) systems produce better results than Express Consent (opting-in) systems. This study uses the French case to challenge this widely held assumption and argues that the French presumed consent systems coexist with patterns of behaviour that in practice do not mobilize the law. It explores four key areas to current research in socio-legal studies focussing on the state and nature of social solidarity, social engineering and the changing nature of the citizen-state relations, state intervention in the event of death and discretion in use of corpses and recent modifications of the status of medical professionals as figures of authority and agents of state policy. Using material based on interviews with medical professionals, this title will be a valuable resource for researchers, academics, policy-makers and practitioners with an interest in this complex and topical subject.
The Refugee Status of Persons with Disabilities
Persons with disabilities often face persecution. How does the 1951 Refugee Convention apply to them? In this first comprehensive study on the refugee definition for persons with disabilities, Stephanie Motz proposes a disability-specific approach to refugee status. The book provides a critical analysis of case law on refugee status determination focusing on four selected jurisdictions. Each chapter examines a different element of the refugee definition in light of the UN Convention on the Rights of Persons with Disabilities as well as international refugee law standards. This book is of particular interest to refugee and disability law scholars and an essential tool for courts and tribunals, practitioners and state authorities in the application of the refugee definition to asylum claims of persons with disabilities.
Should A Doctor Tell?
Medical confidentiality has long been recognised as a core element of medical ethics, but its boundaries are under constant negotiation. Areas of debate in twenty-first century medicine include the use of patient-identifiable data in research, information sharing across public services, and the implications of advances in genetics. This book provides important historical insight into the modern evolution of medical confidentiality in the UK. It analyses a range of perspectives and considers the broader context as well as the specific details of debates, developments and key precedents. With each chapter focusing on a different issue, the book covers the common law position on medical privile...
About Time
"The Big Bang is dead and astrophysicist Adam Frank explains how our experience of time will change as a result"--
Issues in Human Rights Protection of Intellectually Disabled Persons
This book develops a legal argument as to how persons with intellectual disability can flourish in a liberal setting through the exercise of human rights, even though they are perceived as non-autonomous. Using Ronald Dworkin's theory of liberal equality, it argues that ethical individualism can be modified to accommodate persons with intellectual disability as equals in liberal theory. Current legal practices, the case law of the ECtHR on disability, the provisions of the UNCRPD and a comparative analysis of English and German law are discussed, as well as suggestions for positive measures for persons with intellectual disability. The book will interest academics, human rights activists and legal practitioners in the field of disability rights.
The Politics of Space and Place
What might an analysis of politics which focuses on the operation of power through space and place, and on the spatial structuring of inequality, tell us about the world we make for ourselves and others? From the national border to the wire fence; from the privatisation of land to the exclusion and expulsion of persecuted peoples; questions of space and place, of who can be where and what they can do there, are at the very heart of the most important political debates of our time. Bringing together an interdisciplinary collection of authors deploying diverse perspectives and methodological approaches, this book responds to the pressing demand to reflect on and engage with some of the key que...
Human Rights and the Refugee Definition
Does human rights law help us to define who qualifies as a refugee? If so, then how? These deceptively simple questions sit at the heart of an intense contemporary debate over whether, or how, interpretation of the refugee definition in the Refugee Convention should take account of human rights law. In Human Rights and the Refugee Definition, Burson and Cantor bring a fine-grained comparative perspective to this debate. For the first time, they collect together in one edited volume over a dozen new studies by leading scholars and practitioners that explore in detail how these legal dynamics play out in a range of national and international jurisdictions and in relation to particular thematic challenges in refugee law.
Risk and Liability in Air Law
This book is the first attempt to analyse the relevant international conventions governing the liability of airlines to passengers and third parties on the ground from a risk perspective. The book analyses the transformation of the notion of risk over time and identifies the ways and the extent to which social perceptions have influenced the liability of airlines in the aftermath of safety accidents (Warsaw Convention System, Montreal Convention, Rome Convention, and New General Risks Convention) and terrorism related incidents (New Unlawful Interference Convention).
