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This innovative book explores the role of utopian thinking in law and politics, including alternative forms of social engineering, such as technology and architecture. Building on Levitas' Utopia as Method, the topic of utopia is addressed within the book from a multidisciplinary perspective. The book addresses central questions surrounding utopian thinking: What are its implications for law and politics? To what extent does it constitute a desirable vision? What are its risks or dangers? How is utopia related to ideology? An impressive selection of contributors reflect on the challenge of utopianism and its attraction, advancing the global public debate on social and political issues. Divided into three accessible parts, this book discusses the relationship between utopia and the law, the notion of utopian politics and utopia in architecture and technology. Addressing the topic of utopia from a variety of perspectives, this book will be an interesting read for academic scholars and students in the field of law, legal and political theory, philosophy, ethics, sociology, religious studies, technology and architecture. In particular, it is relevant for scholars who are interested in the dynamics of social, legal and political change.
This book is aimed at analyzing the foundations of medical ethics by considering different moral theories and their implications for judgments in clinical practice and policy-making. It provides a review of the major types of ethical theory that can be applied to medical and bioethical issues concerning reproductive genetics. In response to the debate on the most adequate ethical doctrine to guide biomedical decisions, this book formulates views that capture the best elements in each, bearing in mind their differences and taking into account the specific character of medicine. No historically influential position in ethics is by itself adequate to be applied to reproductive decisions. Thus, this book attempts to offer a pluralistic approach to biomedical research and medical practice. One usually claims that there are some basic principles (non-maleficence, beneficence, confidentiality, autonomy, and justice) which constitute the foundations of bioethics and medical ethics. Yet these principles conflict with each other and one needs some criteria to solve these conflicts and to specify the scope of application of these principles. Exploring miscellaneous ethical approaches as introduced to biomedicine, particularly to reproductive genetics, the book shall elucidate their different assumptions concerning human nature and the relations between healthcare providers, recipients, and other affected parties (e.g. progeny, relatives, other patients, society). The book attempts to answer the question of whether the tension between these ethical doctrines generates conflict in the field of biomedicine or if these competing approaches could in some way complement each other. In this respect, lecturers and researchers in bioethics would be interested in this reading this book.
Over the last two decades scholars and citizens in Central and Eastern Europe had more than enough opportunity to realise that neither democracy nor the rule of law can be taken for granted. Such a realisation also means that if they want to think and speak clearly about or take a stand for their political and legal ideals, they need to reflect on them constantly, and conceptualise them in novel ways, by questioning entrenched lines of argument and problematising established patterns of thought. The contributors of this volume discuss a wide range of subjects from jurisprudential methodology and legal reasoning through democracy and constitutional courts to rights and criminal justice, raising questions and suggesting new ideas on "The Rule of Law and the Challenges to Jurisprudence" in Central and Eastern Europe and beyond.
This book is aimed at analyzing the foundations of medical ethics by considering different moral theories and their implications for judgments in clinical practice and policy-making. It provides a review of the major types of ethical theory that can be applied to medical and bioethical issues concerning reproductive genetics. In response to the debate on the most adequate ethical doctrine to guide biomedical decisions, this book formulates views that capture the best elements in each, bearing in mind their differences and taking into account the specific character of medicine. No historically influential position in ethics is by itself adequate to be applied to reproductive decisions. Thus, this book attempts to offer a pluralistic approach to biomedical research and medical practice. One usually claims that there are some basic principles (non-maleficence, beneficence, confidentiality, autonomy, and justice) which constitute the foundations of bioethics and medical ethics. Yet these principles conflict with each other and one needs some criteria to solve these conflicts and to specify the scope of application of these principles. Exploring miscellaneous ethical approaches as introduced to biomedicine, particularly to reproductive genetics, the book shall elucidate their different assumptions concerning human nature and the relations between healthcare providers, recipients, and other affected parties (e.g. progeny, relatives, other patients, society). The book attempts to answer the question of whether the tension between these ethical doctrines generates conflict in the field of biomedicine or if these competing approaches could in some way complement each other. In this respect, lecturers and researchers in bioethics would be interested in this reading this book.
This book analyzes the main problems of Friedrich Nietzsche's critical philosophy, such as the theory of being, the theory of knowledge and the theory of values. It also addresses his positive program which is based on a number of fundamental conceptions, namely the will to power, the UEbermensch, bestowing virtue and the notion of the eternal recurrence. The "death of God" must, in Nietzsche's opinion, lead to a revolution in human consciousness which requires the creation of a new frame of reference for values. To realize this aim, Nietzsche invokes the will which has the normative power to create values and even to overcome time. The author sets his focus on the "tragic gay science" that has never been fully elucidated and still affords new perspectives for interpretation.
Among all human practices, procreation seems the most paradoxical. It starts as a fully personal choice and ends with the creation of a new subject of rights and responsibilities. Advances in reproductive genetics pose new ethical and legal questions. They are expected to prevent the transmission of genetic diseases to progeny and also to improve genetically-endowed mental and physical attributes. Genetic selection and enhancement may affect a child's identity, as well as the parent-child relationship. The authors are committed to a pluralistic approach that captures all aspects of this relationship in terms of moral virtues and principles. They elucidate that most of the conflicts between parental preferences and a child's rights could be resolved with reference to the meaning and nature of procreation.
The present book is the fifth volume of the series Studies in the Philosophy of Law which has appeared since 2001. The previous three volumes had a monographic character, the last one being devoted to the various issues of bioethics, law, and philosophy and the previous one to the topic of the economic analysis of law. Both of these were published in English. This volume is part of a research project "Biojurisprudence" pursued from 2007 through 2010 by the Department of Philosophy of Law and Legal Ethics at the Jagiellonian University and sponsored by the Polish Ministry of Science and Higher Education. Within the project our team has published many articles, monographs and edited works such as the Studies in the "Philosophy of Law, vol. 4: Legal Philosophy and the Challenges of Biosciences" (edited by J. Stelmach, M. Soniewicka and W. Zaluski, Jagiellonian University Press, 2010). One monograph, entitled "Evolutionary Foundations of Law" was written by Dr. Wojciech Zaluski and was published in both Polish and English in 2009. We have also prepared a joint monograph entitled Paradoxes of Legal Bioethics and which is forthcoming this year.
Der vorliegende Band geht aus dem 9. Krakauer-Augsburger Symposion hervor, das sich dem Generalthema "Die Einheit der Rechtsordnung" gewidmet hat. Neben grundlagenorientierten Annäherungen an den Grundsatz der Einheit der Rechtsordnung aus Perspektive der Rechtstheorie, Rechtsphilosophie und Methodenlehre enthält der Band dogmatische und rechtsgebietsbezogene sowie rechtsgebietsübergreifende Reflexionen. Er spannt den Bogen dabei von den Grund- und Menschenrechten, über das Verfassungsrecht, dem Verhältnis von Privatrecht und öffentlichem Recht, von Privatrecht und Steuerrecht, von Deliktsrecht und Strafrecht bis hin zum Privat- und Verbraucherschutzrecht.
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