Law, Politics, and Morality: European Perspectives III
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Law, Politics, and Morality: European Perspectives III
Ethics and Social Justice
Editors: Ferrer Beltrán, Jordi | Pozzolo, Susanna
Schriften zur Rechtstheorie, Vol. 215/III
(2007)
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The volume Ethics and Social Justice closes the series Law, Politics, and Morality: European Perspectives. This third volume collects the papers presented at the third meeting of the series PhD Euroconferences in Legal Philosophy, founded by the European Commission, held at the University of Genoa (Italy) between 13-15 November 2003, in which approximately sixty European scholars participated.This series was inserted into the more ambitious project to contribute to the development of the E.R.A. (European Research Area) and to the discussion an increasing political activities within the European Union. The three congresses were an important occasion which enabled us to make the point of research integration in the field of Legal Philosophy, its lines and perspectives. After a debate on political philosophy and legal theory, we discussed some of the most important aspects of moral philosophy connected to law.Since the 1980s the EU institutional and social models have been under disussion. The globalization process has quickened the debate, above all, due to the increase in world economic competition. From this, the ethics thematic has become central in the future development of the European social model. We selected two important subjects: scientific progress and poverty.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Contents | 5 | ||
| Introduction | 7 | ||
| I. Genetics and Scientific Progress | 13 | ||
| Olivier Leclerc: Scientific Expertise and Judicial Decision Making: Comparative Insights | 15 | ||
| 1. A ‘Scientific Legality’: A Legal Construction of Science Before a Trial | 17 | ||
| 1.1. The Official Lists of Court-appointed Experts | 17 | ||
| 1.1.1. Expert’s Registration on a Court-appointed Experts List | 18 | ||
| 1.1.2. The Nomenclature of Scientific Fields | 19 | ||
| 1.2. The Professionalization of Experts | 19 | ||
| 2. A ‘Jurisdictional Epistemology’: The Judges as Gatekeepers Against ‘Junk Science’ | 20 | ||
| 2.1. The Judge’s Gatekeeper Function | 21 | ||
| 2.2. The Jurisdictional Criteria for Good Science | 21 | ||
| 2.3. The Spectre of ‘Junk Science’ | 22 | ||
| 3. Conclusion | 24 | ||
| References | 25 | ||
| Paolo Donadoni: Some Preliminary Questions Concerning Human Cloning | 27 | ||
| 1. Subject | 27 | ||
| 2. A Classification of Techniques | 27 | ||
| 3. Human Reproductive Somatic Nuclear Cloning | 33 | ||
| 4. ‘Reproductive Cloning’ versus ‘Therapeutic Cloning’ – How can the Notion of Therapy be Extended? | 37 | ||
| 5. ‘Reproductive’ versus ‘Non-reproductive’ Cloning – What is the Biological/Temporal Point (of no Return) that Determines the Reproductivity of the Human Nuclear Cloning Process? | 41 | ||
| References | 47 | ||
| Pascal Lokiec: Some Comments on the Law of Biomedical Research | 51 | ||
| 1. Biomedical Research Law as Self-Regulation | 51 | ||
| 1.1. The Legal Regime | 52 | ||
| 1.1.1. French Law | 52 | ||
| 1.1.2. The Law in the United Kingdom and in the United States | 54 | ||
| 1.2. Understanding the Originality | 54 | ||
| 2. The Challenge to Comparative Law | 55 | ||
| 2.1. The Comparison of Models | 56 | ||
| 2.2. The Context of Application of the Norm | 57 | ||
| References | 57 | ||
| Macario Alemany: Paternalism and Bioethics | 59 | ||
| References | 74 | ||
| Silvina Alvarez: Medical Care and Patients’ Decision Making: The Building of the Options in a Situation of Dependency | 77 | ||
| 1. Patients’ Decision Making: A Subjective Capacity on Existing Conditions | 78 | ||
| 2. Informed Consent | 83 | ||
| 2.1. Definition | 83 | ||
| 2.2. Relevant Information and the Exceptions to Informed Consent | 87 | ||
| 3. Waiving Autonomy: Rejection or Affirmation of Self-determination? | 90 | ||
| 3.1. Permanent Abdication of Autonomy | 91 | ||
| 3.2. Transitory Waiver of Autonomy | 94 | ||
| References | 97 | ||
| Pablo de Lora: Is there a Right to Health Care? | 99 | ||
| 1. Introduction | 99 | ||
| 2. A Right to Health Care: The Libertarian Objection | 100 | ||
| 3. Positive and Negative Rights | 102 | ||
| 4. Quality Adjusted Life Years | 103 | ||
| 5. Fairness, Equality, and the Right to Health Care | 106 | ||
| 5.1. Health Care and Equality of Opportunities | 107 | ||
| 5.2. Health Care and Equality of Resources | 108 | ||
| 6. Taking Libertarianism Seriously | 110 | ||
| 7. Some Tentative Conclusions and two Caveats | 115 | ||
| References | 117 | ||
| II. Poverty, Fundamental Rights and Social Justice | 119 | ||
| Paula Gaido: Do the Poor have the Duty to Obey the Law? | 121 | ||
| References | 129 | ||
| Susanna Pozzolo: Poverty and Protection of Constitutional Liberties: Two Irreconcilable Perspectives? Freedom from Poverty as a Fundamental Right | 131 | ||
| 1. Liberal Freedoms, Poverty, and the Market | 131 | ||
| 1.1. The Contract and the Market | 135 | ||
| 1.2. Poverty | 136 | ||
| 2. Market, Resources, and Benefits | 137 | ||
| 2.1. Market: Merits and Responsabilities | 143 | ||
| 3. Freedom from Poverty | 146 | ||
| Reference | 151 | ||
| Marisa Iglesias Vila: Poverty and Humanity: Individual Duties and the Moral Point of View | 155 | ||
| References | 187 | ||
| Francesco Biondo: Poverty as Failed Exercise of Rights? Some Theoretical Problems | 191 | ||
| 1. The Account of Poverty in Mainstream Economics, for and Against | 192 | ||
| 2. Sen’s Account of Poverty | 194 | ||
| 3. Social Policies and Assessment of Deprivation | 195 | ||
| 4. Poverty as Lack of Capabilities: Descriptive Analysis or Normative Approach? | 198 | ||
| 5. Concluding Remarks | 200 | ||
| References | 202 | ||
| Isabel Fanlo Cortés: Poverty and Access to Justice: Rethinking Legal Aid Models | 205 | ||
| 1. Introduction | 205 | ||
| 2. The Evolution of Legal Aid Models: Some Solutions and their Problems | 208 | ||
| 2.1. The ‘Charitable’ Model | 209 | ||
| 2.2. The ‘Judicare’ Model | 210 | ||
| 2.3. Towards a ‘Combined’ Model | 213 | ||
| 3. Justice for the Poor in the Hands of the Lawyers? | 215 | ||
| References | 223 | ||
| Victoria Roca: Rights and Borders. Alienage as an Immutable Characteristic: Current Practices on Alien Exclusion under Scrutiny | 229 | ||
| 1. Introduction | 229 | ||
| 2. The European Court of Human Rights Judgements on Immigration-related Issues | 233 | ||
| 3. Immigration, Frontiers, and Asylum Policies in the E.U. | 239 | ||
| 4. Conversations on Legitimacy at the Border Line | 240 | ||
| 5. The Principle of Human Dignity and the Egalitarian Requirements | 248 | ||
| Afterword | 251 | ||
| References | 251 | ||
| Eszter Csernus: HIV Status in Hungarian Law and Practice – Immigration, Social Care, Education, and Employment | 253 | ||
| About the Authors | 259 |