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The Law of Obligations
This book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fusesthe vast volume of 20th century scholarship on the Roman law of obligations into a clear and very readable (and in many ways original) account of the law. As a work of comparative law it traces the transformation of the Roman law of obligations over the centuries into what is now modern German,English and South African law, presenting the reader with a contrast between these legal systems which is unique both in its scope and its depth. As a whole the book is written with a deep understanding of human nature and of many social, economic, and other forces that determine the face of thelaw.
Disease and Democracy
Disease and Democracy is the first comparative analysis of how Western democratic nations have coped with AIDS. Peter Baldwin's exploration of divergent approaches to the epidemic in the United States and several European nations is a springboard for a wide-ranging and sophisticated historical analysis of public health practices and policies. In addition to his comprehensive presentation of information on approaches to AIDS, Baldwin's authoritative book provides a new perspective on our most enduring political dilemma: how to reconcile individual liberty with the safety of the community. Baldwin finds that Western democratic nations have adopted much more varied approaches to AIDS than is commonly recognized. He situates the range of responses to AIDS within the span of past attempts to control contagious disease and discovers the crucial role that history has played in developing these various approaches. Baldwin finds that the various tactics adopted to fight AIDS have sprung largely from those adopted against the classic epidemic diseases of the nineteenth century—especially cholera—and that they reflect the long institutional memories embodied in public health institutions.
Unjustified Enrichment
Unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.
Law and Bioethics
George P. Smith, II is a leading figure in the world of medical law and ethics. During his long career he has addressed some of the most important issues in bioethics and has contributed much original thought to debates in the field. This book celebrates his contribution to scholarship in this area and brings together his key writings in bioethics. The chapters include previously published material which has been substantially updated to reflect recent developments in medicine and law. The book covers topics such as: human rights and medical law; the allocation of resources and distributive justice; ethical relativism; science and religion; and public health emergencies. Taken as a whole, th...
Euthanasia Examined
Whether euthanasia or assisted suicide should be legalized is one of the most pressing and profound questions facing legislators, health care professionals, their patients, and all members of society. Regrettably, the debate is too often characterized by rhetoric rather than reason. This book aims to inform the debate by acquainting anyone interested in this vital question with some of the major ethical, legal, clinical and theological issues involved. The essays it contains are authoritative in that they have been commissioned from some of the world's leading experts, balanced in that they reflect divergent viewpoints (including a vigorous debate between two eminent philosophers), and readable in that they should be readily understood by the general reader.
Legal and Healthcare Ethics for the Elderly
Increasingly, legislators at the state and federal levels of government are forced to evaluate and act upon the unique problems presented by an aging American public. A domino effect has occurred, evoking concern in educational circles to deal with the varied, complex issues associated with the "new" gerontology. This expanded focus brings in not only mental and public health delivery issues, but reaches and impacts on the social sciences, ethics, law and medicine as well as public policy. In response to these matters, Legal and Healthcare Ethics for the Elderly provides a balanced analytical presentation of the complicated socio-legal, medico-ethical and political perspectives which interac...
The Reform of Family Law in Europe
In the last few years European Family Law has undergone considerable changes. Although in the past law reform was slow, since 1969 the impetus for reform has gathered momentum. It is no exaggeration to say that the changes that have occurred in Europe in the last six or seven years have radically altered the very concept of the family in Europe. As a distinguished scholar and former editor of the Family Law volume of the International Encyclopaedia of Com parative Law, Professor Max Rheinstein, has put it: 'These transformations are not fully completed anywhere. They have gone farthest in the countries of highest industrialization and in those of socialist rule. But they have set in wherever...
Athletics in the Nordic Countries
In the edited collection Athletics in the Nordic Countries, scholars from Denmark, Finland, Norway, and Sweden explore historical developments and current phenomena in the sport of athletics (track and field). The chapters provide insight into sport officials, events, and athletes from the Nordic countries that have shaped the international athletics scene. The authors identify the leading role of sport leaders from Scandinavia in the foundation years and highlight how athletics’ events held in the region were milestones in the transformation of the sport. Athletics’ international governing body World Athletics was founded in Sweden in 1912 as the International Amateur Athletic Federation. Seventy years later, Finland hosted the first World Athletics Championships in Helsinki in 1983. In between those turning points, Nordic officials and athletes promoted significant changes in athletics, and their innovative approaches continue to shape the development of the sport until today.
Pilgrims in Medicine: Conscience,Legalism and Human Rights
This arrestingly novel work develops a normative synthesis of medical humanities, virtue ethics, medical ethics, health law and human rights. It presents an ambitious, complex and coherent argument for the reconceptualisation of the doctor-patient relationship and its regulation utilising approaches often thought of as being separate, if not opposed (virtue-based ethics and universal human rights). The case is argued gracefully, with moderation, but also with respect for opposing positions. The book's analysis of the foundational professional virtue of therapeutic loyalty is an original departure from the traditional discourse of "patient autonomy," and the ethical and legal "duties" of the ...
