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Books > Law > Jurisprudence & general issues > Legal profession > Legal ethics & professional conduct
Respect for autonomy has become a fundamental principle in human
research ethics. Nonetheless, this principle and the associated
process of obtaining informed consent do have limitations. This can
lead to some groups, many of them vulnerable, being left
understudied. This book considers these limitations and contributes
through legal and philosophical analyses to the search for viable
approaches to human research ethics. It explores the limitations of
respect for autonomy and informed consent both in law and through
the examination of cases where autonomy is lacking (infants),
diminished (addicts), and compromised (low socio-economic status).
It examines alternative and complementary concepts to overcome the
limits of respect for autonomy, including beneficence, dignity,
virtue, solidarity, non-exploitation, vulnerability and
self-ownership. It takes seriously the importance of human
relationality and community in qualifying, tempering and
complementing autonomy to achieve the ultimate end of human
research - the good of humankind.
What is the value of fictions, metaphors, figures and scenarios in
adjudication? This book develops three models to help answer that
question: inquiry, artefacts and imagination. Legal language, it is
argued, contains artefacts - forms that signal their own artifice
and call upon us to do things with them. To imagine, in turn, is to
enter a distinctive epistemic frame where we temporarily suspend
certain epistemic norms and commitments and participate actively
along a spectrum of affective, sensory and kinesic involvement. The
book argues that artefacts and related processes of imagination are
valuable insofar as they enable inquiry in adjudication, ie the
social (interactive and collective) process of making insight into
what values, vulnerabilities and interests might be at stake in a
case and in similar cases in the future. Artefacts of Legal Inquiry
is structured in two parts, with the first offering an account of
the three models of inquiry, artefacts and imagination, and the
second examining four case studies (fictions, metaphors, figures
and scenarios). Drawing on a broad range of theoretical traditions
- including philosophy of imagination and emotion, the theory and
history of rhetoric, and the cognitive humanities - this book
offers an interdisciplinary defence of the importance of
artefactual language and imagination in adjudication.
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Admissible
(Paperback)
Chuck Harrison, Jeff Ritzmann, Darrin Geisinger
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R573
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