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This edited volume covers new ground by bringing together perspectives from symbolic legislation theory on the one hand, and from biolaw and bioethics on the other hand. Symbolic legislation has a bad name. It usually refers to instances of legislation which are ineffective and that serve other political and social goals than the goals officially stated. Recently, a more positive notion of symbolic legislation has emerged in legislative theory. From this perspective, symbolic legislation is regarded as a positive alternative to the more traditional, top-down legislative approach. The legislature no longer merely issues commands backed up with severe sanctions, as in instrumental legislation....
Why healthcare cannot—and should not—become data-driven, despite the many promises of intensified data sourcing. In contemporary healthcare, everybody seems to want more data, of higher quality, on more people, and to use this data for a wider range of purposes. In theory, such pervasive data collection should lead to a healthcare system in which data can quickly, efficiently, and unambiguously be interpreted and provide better care for patients, more efficient administration, enhanced options for research, and accelerated economic growth. In practice, however, data are difficult to interpret and the many purposes often undermine one another. In this book, anthropologist and STS scholar ...
What challenges face jurisdictions that attempt to conduct law in two or more languages? How does choosing a legal language affect the way in which justice is delivered? Answers to these questions are vital for the 75 officially bilingual and multilingual states of the world, as well as for other states contemplating a move towards multilingualism. Arguably such questions have implications for all countries in a world characterized by the pressures of globalization, economic integration, population mobility, decolonization, and linguistic re-colonization. For lawyers, addressing such challenges is made essential by the increased frequency and scale of transnational legal dealings and proceed...
Public health is a particular area of medical practice that raises a series of philosophical issues that require urgent discussion. The philosophy of public health includes metaphysical questions such as, what do we mean by 'public' in public health? How ought we to conceptualise the idea of 'populations'? Are they merely aggregations of individuals? It also includes epistemological questions such as, what methods are most appropriate for thinking about public health? How do empirical and normative issues relate to each other? Controversial ethical, political and social issues, including those relating to vaccinations, the threat of pandemics and possible restrictions to individual liberties, public health research, screening and obesity policy should also be considered. This volume includes a diverse set of papers exploring a number of the most important theoretical and practical issues that arise across the whole field of the philosophy of public health.
This book grounds deliberative democratic theory in a more refined understanding of deliberative practice, in particular when dealing with intractable moral disagreement regarding novel technologies. While there is an ongoing, vibrant debate about the theoretical merits of deliberative democracy on the one hand, and more recently, empirical studies of specific deliberative exercises have been carried out, these two discussions fail to speak to one another. Debates about animal and plant biotechnology are examined as a paradigmatic case for intractable disagreement in today’s pluralistic societies. This examination reveals that the disagreements in this debate are multi-faceted and multi-di...
A survey of the regulation of human germline genome modification in eighteen countries and the emerging international standards.
This book offers a comprehensive overview of the methods and approaches that could be used as guidelines to address and develop scholarly research questions related to intellectual property law, bringing together contributions from a diverse group of scholars who derive from a wide range of countries, backgrounds, and legal traditions.
The panorama of bioethical problems is different today. Patients travel to Thailand for fast surgery; commercial surrogate mothers in India deliver babies to parents in rich countries; organs, body parts and tissues are trafficked from East to Western Europe; physicians and nurses migrating from Africa to the U.S; thousands of children or patients with malaria, tuberculosis and AIDS are dying each day because they cannot afford effective drugs that are too expensive. Mainstream bioethics as it has developed during the last 50 years in Western countries is evolving into a broader approach that is relevant for people across the world and is focused on new global problems. This book provides an...
Providing a clear and concise guide to the practicalities of legal research, this informative book presents a methodological framework for law-in-context research design. It argues that legal scholarship relies on the interpretive and argumentative methods of the humanities, but also requires empirical input due to its focus on social reality.
This book investigates the dynamic intertwinement of law and morality, with a focus on new and developing fields of law. Taking as its starting point the debates and mutual misunderstandings between proponents of different philosophical traditions, it argues that this theoretical pluralism is better explained once law is accepted as an essentially ambiguous concept. Continuing on, the book develops a robust theory of law that increases our grasp on global legal pluralism and the dynamics of law. This theory of legal interactionism, inspired by the work of Lon Fuller and Philip Selznick, also helps us to understand apparent anomalies of modern law, such as international law, the law of the European Convention on Human Rights and horizontal interactive legislation. In an ecumenical approach, legal interactionism does justice to the valuable core of truth in natural law and legal positivism. Shedding new light on familiar debates between authors such as Fuller, Hart and Dworkin, this book is of value to academics and students interested in legal theory, jurisprudence, legal sociology and moral philosophy.