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Medical Law and Moral Rights discusses live issues arising in modern medical practice. Do patients undergoing intolerable irremediable suffering have a moral right to physician-assisted suicide? Ought they to have a comparable legal right? Do the moral duties of a mother to care for and not abuse her child also apply to her fetus? Ought fetuses to be given legal rights requiring pregnant women to submit to medical treatment without their consent? Ought single women, homosexual couples or persons carrying serious genetic defects to have a legal right to procreate? Ought a physician to perform an abortion requested for some frivolous reason? Ought physicians to be permitted to refuse to provide medically futile treatment demanded by their patients? An examination of relevant court cases shows how United States law answers these questions. The author then advocates improvements in the law to make it respect our moral rights more fully. To justify his conclusions, he proposes original conceptions of the human rights to life, procreational autonomy, privacy, equitable treatment and personal security. Thus, these essays test the usefulness of the theory of rights explained and defended in An Approach to Rights and elsewhere.
” The Justice of Mercyis exhilarating reading. Teeming with intelligence and insight, this study immediately establishes itself as the unequaled philosophical and legal exploration of mercy. But Linda Meyer’s book reaches beyond mercy to offer reconceptualizations of justice and punishment themselves. Meyer’s ambition is to rethink the failed retributivist paradigm of criminal justice and to replace it with an ideal of merciful punishment grounded in a Heideggerian insight into the gift of being-with-others. The readings of criminal law, Heideggerian and Levinasian philosophy, and literature are powerful and provocative. The Justice of Mercyis a radical and rigorous exploration of both punishment and mercy as profoundly human activities.” —Roger Berkowitz, Director of the Hannah Arendt Center for Ethical and Political Thinking, Bard College “This book addresses a question both ancient and urgently timely: how to reconcile the law’s call to justice with the heart’s call to mercy? Linda Ross Meyer’s answer is both philosophical and pragmatic, taking us from the conceptual roots of the supposed conflict between justice and mercy to concrete examples in both fiction and contemporary criminal law. Energetic, eloquent, and moving, this book’s defense of mercy will resonate with philosophers, legal scholars, lawyers, and policymakers engaged with criminal justice, and anyone concerned about our current harshly punitive legal system.” —Carol Steiker, Harvard Law School “Far from being a utopian, soft and ineffectual concept, Meyer shows that mercy already operates within the law in ways that we usually do not recognize. . . . Meyer’s piercing insights and careful analysis bring the reader to think of law, justice, and mercy itself in a new and far more profound light.” —James Martel, San Francisco State University How can granting mercy be just if it gives a criminal less punishment than he “deserves” and treats his case differently from others like it? This ancient question has become central to debates over truth and reconciliation commissions, alternative dispute resolution, and other new forms of restorative justice. The traditional response has been to marginalize mercy and to cast doubt on its ability to coexist with forms of legal justice. Flipping the relationship between justice and mercy, Linda Ross Meyer argues that our rule-bound and harsh system of punishment is deeply flawed and that mercy should be, not the crazy woman in the attic of the law, but the lady of the house. This book articulates a theory of punishment with mercy and illustrates the implications of that theory with legal examples drawn from criminal law doctrine, pardons, mercy in military justice, and fictional narratives of punishment and mercy. Linda Ross Meyer is Carmen Tortora Professor of Law at Quinnipiac University School of Law; President of the Association for the Study of Law, Culture and the Humanities; and Associate Editor of Journal of Law, Culture and the Humanities.
McCollough explores the relationship of personal values to public policy, and he poses the concept of moral community as the vital link between the concerned citizen and the body politic, He delineates a collective vision of the public good that might be brought to bear on policy issues such as health care, education, civil liberties, and the environment.
The capability approach to social justice construes a person’s well-being in terms of the substantive freedoms people have reason to value beyond mere utility or access to resources. In this book John Alexander engages with the rapidly growing body of literature on the capability approach in economics, inequality and poverty measurement, and development studies, paying particular attention to Amartya Sen and Martha Nussbaum’s collaborative work on the capability approach in normative economics, social ethics and political philosophy. Through a critical discussion of Sen and Nussbaum’s literature, the book develops a unified vision of the capability approach embodied in the ideal of creating the greatest possible condition for the realization of basic capabilities for all and assesses it as a political theory arguing that capabilities are necessary but not sufficient for overcoming conditions of domination and concluding that the freedom as non-domination calls for a reinforcement of certain basic capabilities under ‘constitutional provisions’ and for envisioning a more intimate relationship between individual liberty and the freedom of the political community as a whole.
ما از اخلاق چه انتظاری داریم؟ این سوال شاید تاحدودی برای عموم مردم و یا متخصصان این رشته قابل پاسخ باشد؛ اینکه خوب بودن را به ما بیاموزد و در تنظیم روابط فردی م...
جشن کتاب تهران به ایستگاه سی و یکم رسیده است. حال و احوال نشر کتاب خوب نیست و باید فرهنگدوستان را به خرید و هدیه دادن کتاب ترغیب نمود. خانه اخلاقپژوهان جوان ب...
بنیاد کتابهای اخلاق اسلامی عمدتا پالایش جان از آلودگیها و آراستن آن به زیباییها است. اندیشه محوری این قبیل کتابها آن است که انسان فعلی آنی نیست که باید باشد...
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