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Axiological Pluralism: Jurisdiction, Law-Making and Pluralisms

Axiological Pluralism: Jurisdiction, Law-Making and Pluralisms

Author: Lucia Busatta; Carlo Casonato
Publisher: Springer-Verlag
ISBN: 9783030784744

Published In: October 2021
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9783030784775

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Description
Contents

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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 con

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