LIFES DOMINION

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Life S Dominion

Author : Ronald Dworkin
ISBN : 0307787915
Genre : Law
File Size : 55.61 MB
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Internationally renowned lawyer and philosopher Ronald Dworkin addresses the crucially related acts of abortion and euthanasia in a brilliantly original book that examines their meaning in a nation that prizes both life and individual liberty. From Roe v. Wade to the legal battle over the death of Nancy Cruzan, no issues have opened greater rifts in American society than those of abortion and euthanasia. At the heart of Life's Dominion is Dworkin's inquest into why abortion and euthanasia provoke such controversy. Do these acts violate some fundamental "right to life"? Or are the objections against them based on the belief that human life is sacred? Combining incisive moral reasoning and close readings of indicidual court decisions with a majestic interpretation of the U.S. Constitution itself, Dworkin gives us a work that is absolutely essential for anyone who cares about the legal status of human life.
Category: Law

Death S Dominion Ethics At The End Of Life

Author : Woods, Simon
ISBN : 9780335230402
Genre : Social Science
File Size : 47.43 MB
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"I enjoyed reading this book very much. It is very readable and well argued using real life cases and thought experiments as well ... The book provides the reader with a short history of and an overview of the most important issues in modern palliative care. Various theoretical discussions are clearly set out, such as: the relationship between the hospice movement and modern palliative care, between palliative care and health care in general, between palliative sedation and euthanasia, and the question whether euthanasia can be part of palliative care. The author starts with exploring the existing debates and then develops his own arguments in a balanced and well-structured way." Medicine, Health Care and Philosophy "The text of this book is accessible, the philosophical and ethical arguments are clearly articulated, and relevant ethical principles are integrated into the critique of the issues, making this a very useful book for nurses working in palliative as well as in general care." Nursing Ethics "It is crucially important for any student or researcher who is seriously consideringethical and policy matters at the end of life to embrace and tackle intellectually the issues that Woods raises in this book. I would happily recommend it." Journal of Medical Ethics What constitutes a good death? Is it possible to arrange a good death? Is killing compatible with caring? This book looks at death and the issues and ethical dilemmas faced at the end of life. It addresses the central issues in the field such as: Withholding and withdrawing treatment Euthanasia and assisted suicide Terminal sedation The role of autonomy Palliative care Drawing on a philosophical framework, the author explores end-of-life issues in order to reflect on the nature of the good death and how this may be achieved. The book considers whether it is permissible or desirable to influence the quality of dying: offering palliative sedation as a possible alternative to terminal sedation, the argument is extended to examine why some forms of assisted dying can be shown to be compatible with the ideas of palliative care. Consideration is also given to future developments such as life extension techniques and the ethical questions that that these techniques might raise. As such, the book follows in the ongoing philosophical tradition to critique and analyse current thought on the topic of death, encouraging self-reflection in the reader and offering suggestions for practice in end-of-life care. Death's Dominion is key reading for students and professionals involved in care of the dying, as well as those with an interest in the philosophical issues surrounding end-of-life care.
Category: Social Science

The Ninth Amendment And The Politics Of Creative Jurisprudence

Author : Marshall DeRosa
ISBN : 9781351292986
Genre : Law
File Size : 27.98 MB
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The Ninth Amendment holds that every right not explicitly granted to the federal government by the Constitution belongs to the states or to the individual. Further, those rights held by the government should not be construed to deny or disparage other rights held by the people. As in other areas of contention between federal power and states' rights, the Ninth Amendment has become subject to activist Supreme Court interpretation whereby the traditional model of federalism, in which states had meaningful public policy prerogatives, has given way to a model in which states become mere extensions of the U. S. government. In this volume, Marshall DeRosa provides a thorough analysis of Supreme Court unenumerated rights policy and offers suggestions toward reestablishing American federalism as envisioned by the framers of the Constitution. The book opens with a review and analysis of current debates over Ninth Amendment rights and then utilizes the privileges and immunities clauses as demonstrative of the traditional relationship between the states' police powers and unenumerated fundamental rights. DeRosa then considers the critical role of academia in shifting public policy away from popular control and toward the judiciary. Later chapters include national and state case studies as instances of judicial creativity, an examination of the effects of Ninth Amendment jurisprudence on the Second Amendment as it bears on the gun control debate, and a comparative analysis of contrasting theories on the status of unenumerated rights. In his conclusion DeRosa offers some prescriptive thoughts on how to restore the original constitutional concept of popular consent as a remedy to an increasingly unaccountable federal judiciary. By restoring the Ninth Amendment to the context of American federalism, this volume constitutes a major contribution to contemporary scholarship, challenging a corpus of commentary that either ignores, misunderstands, or misrepresents the relevance of popular control in the articulation of unenumerated rights. The Ninth Amendment and the Politics of Creative Jurisprudence will be of interest to political scientists, historians, legal theorists, and political practitioners.
Category: Law

Meaning And Medicine

Author : Hilde Lindemann Nelson
ISBN : 9781136771965
Genre : Philosophy
File Size : 77.3 MB
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A chief aim of this resource is to rekindle interest in seeing health care not solely as a set of practices so problematic as to require ethical analysis by philosophers and other scholars, but as a field whose scrutiny is richly rewarding for the traditional concerns of philosophy.
Category: Philosophy

Law Gender And Injustice

Author : Joan Hoff
ISBN : 9780814744864
Genre : Law
File Size : 45.42 MB
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In this widely acclaimed landmark study, Joan Hoff illustrates how women remain second- class citizens under the current legal system and questions whether the continued pursuit of equality based on a one-size-fits-all vision of traditional individual rights is really what will most improve conditions for women in America as they prepare for the twenty-first century. Concluding that equality based on liberal male ideology is no longer an adequate framework for improving women's legal status, Hoff's highly original and incisive volume calls for a demystification of legal doctrine and a reinterpretation of legal texts (including the Constitution) to create a feminist jurisprudence.
Category: Law

Theory And Practice

Author : Ian Shapiro
ISBN : 0814780555
Genre : Law
File Size : 36.52 MB
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What are the relations between philosophical theories and everyday life? This question, as old as it is profound, is the central focus of Theory and Practice. The authors include some of the most influential thinkers of our generation, among them Cass Sunstein, Jean Bethke Elshtain, Martha Nussbaum, Jeremy Waldron, and Kent Greenawalt. In sixteen chapters--all published here for the first time--the authors examine major attempts to reconcile theory with practice in the Western tradition, from Herodotus, Plato, and Aristotle to Kant and Heidegger, and examine contemporary efforts to grapple with this problem.
Category: Law

Increasing Longevity

Author : Royal College of Physicians of London
ISBN : 1860160778
Genre : Aging
File Size : 56.61 MB
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Category: Aging

Abortion And The Ways We Value Human Life

Author : Jeffrey H. Reiman
ISBN : 0847692086
Genre : Philosophy
File Size : 42.64 MB
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In Abortion and the Ways We Value Human Life, Jeffrey Reiman argues that an overlooked clue to the solution of the moral problem of abortion lies in the unusual way in which we value the lives of individual human beings-namely, that we value them irreplaceably. We think it is not only wrong to kill an innocent child or adult, but that it would not be made right by replacing the dead one with another living one, or even several. Reiman argues that there are only a limited number of facts that could justify such valuing, with the result that human children and adults have the fullest right to protection of their lives, infants have a lesser but substantial right to such protection, and fetuses do not qualify at all. Leading up to this argument, Reiman presents a survey of Western attitudes and laws about abortion from Hammurabi's Code to Roe v. Wade, and a critical analysis of all the major philosophical arguments on the issue, pro and con. The book is written in straightforward, jargon-free language that makes it accessible to college students at all levels and to the educated lay reader as well.
Category: Philosophy

Law S Meaning Of Life

Author : Ngaire Naffine
ISBN : 9781847314826
Genre : Law
File Size : 31.15 MB
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The perennial question posed by the philosophically-inclined lawyer is 'What is law?' or perhaps 'What is the nature of law?' This book poses an associated, but no less fundamental, question about law which has received much less attention in the legal literature. It is: 'Who is law for?' Whenever people go to law, they are judged for their suitability as legal persons. They are given or refused rights and duties on the basis of ideas about who matters. These ideas are basic to legal-decision making; they form the intellectual and moral underpinning of legal thought. They help to determine whether law is essentially for rational human beings or whether it also speaks to and for human infants, adults with impaired reasoning, the comotose, foetuses and even animals. Are these the right kind of beings to enter legal relationships and so become legal persons. Are they, for example, sufficiently rational, or sacred or simply human? Is law meant for them? This book reveals and evaluates the type of thinking that goes into these fundamental legal and metaphysical determinations about who should be capable of bearing legal rights and duties. It identifies and analyses four influential ways of thinking about law's person, each with its own metaphysical suppositions. One approach derives from rationalist philosophy, a second from religion, a third from evolutionary biology while the fourth is strictly legalistic and so endeavours to eschew metaphysics altogether. The book offers a clear, coherent and critical account of these complex moral and intellectual processes entailed in the making of legal persons.
Category: Law

Procreative Ethics

Author : Fritz Oehlschlaeger
ISBN : 9781606082300
Genre : Religion
File Size : 61.29 MB
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Procreative Ethics addresses questions at the beginning of life from a point of view that is alternatively philosophical and christian. The author seeks to defend philosophically some positions taken partly on Christian grounds while also trying to make the implications of Christian convictions intelligible to those who do not necessarily share those convictions. The author positions himself neither as a "moral friend" nor "moral stranger," preferring instead the role of "moral acquaintance" to his audience. From that position, the goal is to find areas of fruitful agreement while clarifying differences that may lead to truer reconciliations further on in the conversation. The book opens with an attempted natural law defense of artificial contraception; devotes four chapters to criticism of current defenses of abortion; and then takes up, in six remaining chapters, such matters as genetic enhancement of children, the justice or injustice of genetic revision, the harm conundrum or non-identity problem, designing for disability, and reproductive cloning. "Fritz Oehlschlaeger has written a remarkable book that needs to be read by everyone with a stake in moral questions at life's beginning. Displaying theological and philosophical sophistication as well as a profound wisdom, these arguments must be taken seriously by those who agree with Oeschlaeger as well as those who do not."---Joel James Shuman King's College "Writing with a modesty that betrays the depth of argument that characterizes Procreative Ethics, Fritz Oehlschlaeger has written the most important book in bioethics in recent memory. Bioethics has long suffered from a stale imagination. Oehlschlaeger, an acknowledged outsider to the field, brings to his work a fresh imagination shaped by literary texts and a profound humanity. Hopefully many will want to emulate his work in other areas of bioethics."---Stanley Hauerwas Duke University "In this new book Fritz Oehlschlaeger has made masterful and persuasive arguments about the moral challenges looming at the beginning of human life. And he does this as a highly informed non-specialist---an English professor no less!"---Robert Benne Roanoke College
Category: Religion