Arguments about Abortion: Personhood, Morality, and Law

di Kate Greasley (Autore)

Does the morality of abortion depend on the moral status of the human fetus? Must the law of abortion presume an answer to the question of when personhood begins? Can a law which permits late abortion but not infanticide be morally justified? These are just some of the questions this book sets out to address.

With an extended analysis of the moral and legal status of abortion, Kate Greasley offers an alternative account to the reputable arguments of Ronald Dworkin and Judith Jarvis Thomson and instead brings the philosophical notion of 'personhood' to the foreground of this debate.

Structured in three parts, the book will (I) consider the relevance of prenatal personhood for the moral and legal evaluation of abortion; (II) trace the key features of the conventional debate about when personhood begins and explore the most prominent issues in abortion ethics literature: the human equality problem and the difference between abortion and infanticide; and (III) examine abortion law and regulation as well as the differing attitudes to selective abortion. The book concludes with a snapshot into the current controversy surrounding the scope of the right to conscientiously object to participation in abortion provision.

 Neuroethics in Practice

di Anjan Chatterjee   (a cura di)  

Martha J. Farah   (a cura di)

Neuroethics is concerned with the wide array of ethical, legal and social issues that are raised in research and practice. The field has grown rapidly over the last five years, becoming an active interdisciplinary research area involving a much larger set of academic fields and professions, including law, developmental psychology, neuropsychiatry, and the military.

Neuroethics and Practice helps to define and foster this emerging area at the intersection of neuroethics and clinical neuroscience, which includes neurology, neurosurgery, psychiatry and their pediatric subspecialties, as well as neurorehabiliation, clinical neuropsychology, clinical bioethics, and the myriad other clinical specialties (including nursing and geriatrics) in which practitioners grapple with issues of mind and brain. Chatterjee and Farah have brought together leading neuroethicists working in clinically relevant areas to contribute chapters on an intellectually fascinating and clinically important set of neuroethical topics, involving brain enhancements, brain imaging, competence and responsibility, severe brain damage, and consequences of new neurotechnologies. Although this book will be of direct interest to clinicians, as the first edited volume to provide an overall comprehensive perspective on neurethics across disciplines, it is also a unique and useful resource for a wide range of other scholars and students interested in ethics and neuroscience.

Anteprima

Jus Cogens: International Law and Social Contract

di Thomas Weatherall (Autore

One of the most complex doctrines in contemporary international law, jus cogens is the immediate product of the socialization of the international community following the Second World War. However, the doctrine resonates in a centuries-old legal tradition which constrains the dynamics of voluntarism that characterize conventional international law. To reconcile this modern iteration of individual-oriented public order norms with the traditionally state-based form of international law, Thomas Weatherall applies the idea of a social contract to structure the analysis of jus cogens into four areas: authority, sources, content and enforcement. The legal and political implications of this analysis give form to jus cogens as the product of interrelation across an individual-oriented normative framework, a state-based legal order, and values common to the international community as a whole.

Trading Fish, Saving Fish: The Interaction between Regimes in International Law

Margaret A. Young - Cambridge University Press, 2011  

Numerous international legal regimes now seek to address the global depletion of fish stocks, and increasingly their activities overlap. The relevant laws were developed at different times by different groups of states. They are motivated by divergent economic approaches, influenced by disparate non-state actors, and implemented by separate institutions such as the World Trade Organization and the United Nations Food and Agriculture Organization. Margaret Young shows how these and other factors affect the interaction between regimes. Her empirical and doctrinal analysis moves beyond the discussion of conflicting norms that has dominated the fragmentation debate. Case-studies include the negotiation of new rules on fisheries subsidies, the restriction of trade in endangered marine species and the adjudication of fisheries import bans. She explores how regimes should interact, in fisheries governance and beyond, to offer insights into the practice and legitimacy of regime interaction in international law.

Mestizo International Law: A Global Intellectual History 1842–1933

Arnulf Becker Lorca - Cambridge University Press, 2015   

The development of international law is conventionally understood as a history in which the main characters (states and international lawyers) and events (wars and peace conferences) are European. Arnulf Becker Lorca demonstrates how non-Western states and lawyers appropriated nineteenth-century classical thinking in order to defend new and better rules governing non-Western states' international relations. By internalizing the standard of civilization, for example, they argued for the abrogation of unequal treaties. These appropriations contributed to the globalization of international law. With the rise of modern legal thinking and a stronger international community governed by law, peripheral lawyers seized the opportunity and used the new discourse and institutions such as the League of Nations to dissolve the standard of civilization and codify non-intervention and self-determination. These stories suggest that the history of our contemporary international legal order is not purely European; instead they suggest a history of a mestizo international law.