Axiological Pluralism: Jurisdiction, Law-Making and Pluralisms

Medical Law

Axiological Pluralism: Jurisdiction, Law-Making and Pluralisms

Edited by Lucia Busatta · Carlo Casonato
Springer-Verlag October 2021

Specifications

ISBN-13
9783030784744
Publisher
Springer-Verlag
Publication
October 2021
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Also available as

Paperback

Details

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

Table of Contents

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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