Axiological Pluralism: Jurisdiction, Law-Making and Pluralisms

Medical Law

Axiological Pluralism: Jurisdiction, Law-Making and Pluralisms

Edited by Lucia Busatta · Carlo Casonato
Springer International September 2022

Specifications

ISBN-13
9783030784775
Publisher
Springer International
Publication
September 2022
Format
Paperback
Jurisdiction
Switzerland ? Countri(es) for reference only

Also available as

Hardback

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 consistently and effectively applying suitable legal instruments and jurisdictional interpretation.

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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