Axiological pluralism : jurisdiction, law-making and pluralisms
著者
書誌事項
Axiological pluralism : jurisdiction, law-making and pluralisms
（Ius gentium : comparative perspectives on law and justice, v. 92）
Soringer, c2021
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注記
Includes bibliographical references
内容説明・目次
内容説明
This book analyses the features and functionality of the relationship between the law, individual or collective values and medical-scientific evidence when they have to be interpreted by judges, courts and para-jurisdictional bodies. The various degrees to which scientific data and moral values have been integrated into the legal discourse reveal the need for a systematic review of the options and solutions that judges have elaborated on. In turn, the book presents a systematic approach, based on a proposed pattern for classifying these various degrees, together with an in-depth analysis of the multi-layered role of jurisdictions and the means available to them for properly handling new legal demands arising in plural societies.
The book outlines a model that makes it possible to focus on and address these issues in a sustainable manner, that is, to respond to individual requests and technological advances in the field of biolaw by consistently and effectively applying suitable legal instruments and jurisdictional interpretation.
目次
Part 1. Adjudication and Regulation Facing Pluralisms: Models And Trend.- Perspectives.- BioLaw facing pluralisms: three simple models for complex issues.- Some patterns for "scientific adjudication": the role of courts in reconciling axiological pluralism and scientific complexity.- Part 2: Accommodating Pluralisms Beyond Courts?: Institutions and Tools.- Research Ethics Committees.- Consultative boards at international level.- Reckoning with growing pluralism. Potentials and limits of conscientious objection: Conscience clauses in abortion laws in Europe.- Professional (medical) ethics.- Part 3. Case Studies.- Axiological Pluralism: Conflict in the Hospital, Resolution in the Courts.- Moral pluralism and health claims as a challenge for the democratic principle. The cases of non validated therapies and vaccinations.- Reliance on Scientific Claims in Social and Legal Contexts: An 'HIV and AIDS' Case Study.- Reproductive Rights.- End of life issues.- Patient's rights at the end of life in Chilean legal system. Legal and jurisprudential analysis from a biolaw's perspective.
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