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Record Nr. |
UNINA9910497084603321 |
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Titolo |
Axiological Pluralism : Jurisdiction, Law-Making and Pluralisms / / edited by Lucia Busatta, Carlo Casonato |
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Pubbl/distr/stampa |
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Cham : , : Springer International Publishing : , : Imprint : Springer, , 2021 |
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ISBN |
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Edizione |
[1st ed. 2021.] |
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Descrizione fisica |
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1 online resource (253 pages) |
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Collana |
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Ius Gentium: Comparative Perspectives on Law and Justice, , 2214-9902 ; ; 92 |
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Disciplina |
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Soggetti |
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Medical laws and legislation |
Private international law |
Conflict of laws |
International law |
Comparative law |
Ethics |
Law - Philosophy |
Law - History |
Medical Law |
Private International Law, International and Foreign Law, Comparative Law |
Moral Philosophy and Applied Ethics |
Theories of Law, Philosophy of Law, Legal History |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Nota di bibliografia |
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Includes bibliographical references. |
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Nota di contenuto |
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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 |
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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 lifein Chilean legal system. Legal and jurisprudential analysis from a biolaw’s perspective. |
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Sommario/riassunto |
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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. |
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