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The Dialectical Necessity of Morality
Alan Gewirth's Reason and Morality, in which he set forth the Principle of Generic Consistency, is a major work of modern ethical theory that, though much debated and highly respected, has yet to gain full acceptance. Deryck Beyleveld contends that this resistance stems from misunderstanding of the method and logical operations of Gewirth's central argument. In this book Beyleveld seeks to remedy this deficiency. His rigorous reconstruction of Gewirth's argument gives its various parts their most compelling formulation and clarifies its essential logical structure. Beyleveld then classifies all the criticisms that Gewirth's argument has received and measures them against his reconstruction o...
Bioethics
This book is a philosophically-oriented introduction to bioethics. It offers the reader an overview of key current debates in bioethics in the areas including organ retrieval, stem cell research, justice in healthcare and issues in environmental ethics including issues surrounding food and agriculture. The book also seeks to go beyond describing the issues in order to provide the reader with the methodological and theoretical tools for a more comprehensive understanding of bioethical debates. The book investigates the theoretical foundations and normative implications of bioethical debates and situates the areas of ethics into their philosophical context.
Competence and Vulnerability in Biomedical Research
Enhanced knowledge of the nature and causes of mental disorder have led increasingly to a need for the recruitment of ‘cognitively vulnerable’ participants in biomedical research. These individuals often fall into the ‘grey area’ between obvious decisional competence and obvious decisional incompetence and, as a result, may not be recognised as having the legal capacity to make such decisions themselves. At the core of the ethical debate surrounding the participation of cognitively vulnerable individuals in research is when, if at all, we should judge them decisionally and legally competent to consent to or refuse research participation on their own behalf and when they should be jud...
A Theory of Legal Obligation
Bertea puts forward a comprehensive and original theory of legal obligation, understood as a distinctive legal concept.
Human Rights and Sustainability
The history of human rights suggests that individuals should be empowered in their natural, political, political, social and economic vulnerabilities. States within the international arena hold each other responsible for doing just that and support or interfere where necessary. States are to protect these essential human vulnerabilities, even when this is not a matter of self-interest. This function of human rights is recognized in contexts of intervention, genocide, humanitarian aid and development. This book develops the idea of environmental obligations as long-term responsibilities in the context of human rights. It proposes that human rights require recognition that, in the face of unsustainable conduct, future human persons are exposed and vulnerable. It explores the obstacles for long-term responsibilities that human rights law provides at the level of international and national law and challenges the question of whether lifestyle restrictions are enforceable in view of liberties and levels of wellbeing typically seen as protected by human rights. The book will be of interest to postgraduates studying Human Rights, Sustainability, Law and Philosophy.
Human Dignity and Bioethics
Human Dignity and Bioethics explores a human dignity, a concept crucial to today's discourse in law and ethics in general and in bioethics in particular.
Taking a Common Concern Approach to Economic Inequality
The open access publication of this book has been published with the support of the Swiss National Science Foundation. Are countries capable of reducing economic inequality under conditions of contemporary globalisation without cooperating and coordinating with other countries? While states are far from powerless to effect distributional change within their own sovereign space, Taking a Common Concern Approach to Economic Inequality makes the case that cooperation and coordination is indeed necessary, especially in relation to corporate taxation. It accordingly contemplates the utility of a transnational taxation system that is embedded in cooperative sovereignty through the recognition of rising economic inequality and its deleterious effects – including how increasingly unequal distributions within countries make transnational cooperation and coordination efforts less likely – as a common concern of humankind.
The Contingent Nature of Life
This volume explores the different dimensions of how the contingency of life, and especially human life, is relevant for ethical discussions and the normative frameworks in bioethics. It explores the relevance of the notion contingency, needs and desires for moral argumentation and bioethics. The volume discusses those notions in a philosophical perspective. Additionally, the volume is a contribution to a deeper reflection on basic philosophical assumptions of bioethics.
Gewirthian Perspectives on Human Rights
Gewirth’s theory of human rights has made a major contribution to philosophy. In this edited collection, contributors from a broad range of disciplines discuss the theoretical and practical application of Gewirthian theory to current world issues. Case studies highlight mental health, the LGBT community, intellectual disabilities, global economic inequality, and market instability to provide a truly interdisciplinary study. This important contribution to human rights scholarship provides a platform for further discussion of Gewirthian theory. It will be of interest to those researching moral, legal, and political philosophy, as well as policy makers, social workers, and medical staff.
Ethical Rationalism and the Law
What role does reason play in determining what, if anything, is morally right? What role does morality play in law? Perhaps the most controversial answer to these fundamental questions is that reason supports a supreme principle of both morality and legality. The contributors to this book cast a fresh critical eye over the coherence of modern approaches to ethical rationalism within law, and reflect on the intellectual history on which it builds. The contributors then take the debate beyond the traditional concerns of legal theory into areas such as the relationship between morality and international law, and the impact of ethically controversial medical innovations on legal understanding.
