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Assisted Suicide: The Liberal, Humanist Case Against Legalization

This book presents an atheistic case against the legalization of assisted suicide. Critical of both sides of the argument, it questions the assumptions behind the discussion. Yuill shows that our attitudes towards suicide – not euthanasia – are most important to our attitudes towards assisted suicide.

Assistierte Reproduktion mit Hilfe Dritter: Medizin - Ethik - Psychologie - Recht

Sammelband mit Beiträgen von 28 Expertinnen und Experten aus dem Bereich der assistierten Reproduktion.Immer häufiger werden Verfahren der medizinisch assistierten Reproduktion genutzt, die den Beitrag Dritter einschließen, also Samenspende, Eizellspende, Embryospende oder Leihmutterschaft. Diese Formen der Familienbildung mit Hilfe Dritter werfen ein breites Spektrum an medizinischen, ethischen, rechtlichen und lebensweltlichen Fragen auf, die umfassend und im interdisziplinären Kontext diskutiert werden sollten. In diesem Sammelband mit Beiträgen in deutscher und englischer Sprache diskutieren Expertinnen und Experten aus unterschiedlichen fachlichen und lebensweltlichen Perspektiven Probleme und Lösungsansätze. Empirische Analysen aus der internationalen Forschung und Praxisbeispiele aus Großbritannien, USA, Australien und Neuseeland ergänzen die Darstellung.

Assistierter Suizid: mit einem Kommentar zum neuen Sterbehilfe-Gesetz (Veröffentlichungen des Instituts für Deutsches, Europäisches und Internationales Medizinrecht, Gesundheitsrecht und Bioethik der Universitäten Heidelberg und Mannheim #46)

Das Buch dokumentiert die Beiträge des internationalen Symposiums „Assistierter Suizid: Der Stand der Wissenschaft“ vom 15. Juni 2015 in Berlin. Es bietet einen einmaligen Überblick über die aktuellen empirischen Untersuchungen zum Thema, die in der politischen Debatte teilweise schlicht ignoriert wurden und immer noch ignoriert werden. Es enthält außerdem die Transkripte aufschlussreicher Pro-Contra Debatten zwischen Vertretern unterschiedlicher Positionen aus den Fachgebieten Recht, Medizin und Ethik. Am Schluss steht eine ausführliche Kommentierung des neuen Gesetzes „zur Strafbarkeit der geschäftsmäßigen Förderung der Selbsttötung“ aus rechtlicher, medizinischer und ethischer Perspektive.Die Autoren und Herausgeber sind international ausgewiesene Experten aus Deutschland und aus anderen Staaten, in denen die Tötung auf Verlangen und/oder der assistierte Suizid gesetzlich geregelt sind (Niederlande, Schweiz, USA).

Assistierter Suizid: Hintergründe, Spannungsfelder und Entwicklungen

Die Legalisierung der Beihilfe zum Suizid bringt tiefgreifende gesellschaftliche Veränderungen mit sich. Das bisherige Selbstverständnis von Medizin und Pflege wird in Frage gestellt und es wird eine neue Auseinandersetzung mit dem Leid am Lebensende erfordern. Das Buch bietet einen Überblick über die ethischen Aspekte und die internationalen Entwicklungen der Suizidassistenz sowie über die Spannungsfelder, die sich durch die Legalisierung der Beihilfe zum Suizid aus der Sicht von Palliative Care ergeben. Die Entwicklungen in anderen Ländern, in denen Suizidassistenz schon länger legal ist, geben Anlass zur Sorge. Es wird entscheidend sein, wie gut es gelingt, Rahmenbedingungen festzulegen, die gewährleisten, dass der Entschluss für einen assistierten Suizid frei von Druck getroffen wird. Das Buch richtet sich an alle Berufsgruppen, die Patienten am Lebensende behandeln oder betreuen und schwierige Entscheidungen treffen müssen, sowie an ethischen Themen Interessierte.

Assisting the Invisible Hand: Contested Relations Between Market, State and Civil Society (Issues in Business Ethics #18)

This is an investigation into contemporary thinking on controlling the market, especially with regard to the problem of dealing with environmental issues. The book contributes to contemporary insight by arguing that the issue of market control must be addressed in terms of the relations between state, market and civil society. It stresses the normative dimensions of the market control issue. The position adopted by the book is that the market cannot be controlled by the state alone.

Assisting Victims of Terrorism: Towards a European Standard of Justice

The fight against terrorism is receiving increased awareness due to recent wor- wide large-scale terrorist acts, and only since then has some attention been directed specifically to victims of terrorism. Existing legal instruments of international b- ies like the European Union, the Council of Europe and the United Nations c- cerning victims of terrorism are relatively abstract or include victims of terrorism under the broader heading of victims of crime in general. In addition, policies and legislation relating to victims of crime or victims of terrorism vary widely on the domestic level. Against this background, the European Union commissioned a project that should aim to develop more extensive standards for the aid and ass- tance of victims of terrorism at the European level. This study provides the basis from which more extensive standards could be derived. The study focuses parti- larly on developing standards in the field of continuing assistance, access to justice, administration of justice and compensation to victims of terrorism. A novel feature of the approach is that also the possible utility of restorative justice approaches is examined. An important question to address was whether there is a real need to adopt s- cific standards for victims of terrorism, thereby implying that their needs might differ from victims of ordinary crime.

The Associate

Kyle McAvoy is one of the greatest legal students of his generation. He has a brilliant mind and a glittering future ahead of him.But he has a secret from the past that threatens to destroy his entire livelihood.When this secret catches up with him in the form of a compromising video, Kyle is left with an impossible choice.He can take a job in New York at the largest law firm in the world and share the sordid secrets of its biggest trial to date.Or his past will be exposed to the masses.It's a deadly game of blackmail. And someone is making him play.

Association of Southeast Asian Nations (ASEAN)

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of Association of Southeast Asian Nations (ASEAN) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of Association of Southeast Asian Nations (ASEAN) for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.

Assuming Responsibility: Ecstatic Eudaimonism and the Call to Live Well (Oxford Studies in Theological Ethics)

Recent decades have witnessed an enthusiastic retrieval of eudaimonism, according to which the virtuous life is the happy life. But the critique launched by Kant - that eudaimonism is egoistic and distorts the character of duty or obligation - has persisted. Should I develop the virtues because these are the traits I need in order to flourish? Is it facts about my own happiness that determine my obligations to others? In this book, Jennifer Herdt deftly sifts through these debates, showing why we should embrace 'ecstatic' or 'goodness-prior' eudaimonism while rejecting 'welfare-prior' forms of eudaimonism. Grasping the character of ecstatic eudaimonism, she argues, has major implications, overcoming the common assumption of a sharp break between pagan and Christian eudaimonism, as well as of a late medieval or Protestant repudiation of eudaimonism in favor of divine command theory. Agents cannot rightly respond to the goods they encounter unless they respond to them precisely as good, and not merely as a means to promoting their own welfare; in responding well, their agency is thereby necessarily perfected. In conversation with vital strands of contemporary moral philosophy, Herdt goes on to articulate the distinctive character of obligation as a feature of accountability relations among agents. Assuming Responsibility offers a fresh point of departure for theological and philosophical approaches to virtue ethics, moral agency, and the contested relationship between the good and the right.

Assuming Responsibility: Ecstatic Eudaimonism and the Call to Live Well (Oxford Studies in Theological Ethics)

Recent decades have witnessed an enthusiastic retrieval of eudaimonism, according to which the virtuous life is the happy life. But the critique launched by Kant - that eudaimonism is egoistic and distorts the character of duty or obligation - has persisted. Should I develop the virtues because these are the traits I need in order to flourish? Is it facts about my own happiness that determine my obligations to others? In this book, Jennifer Herdt deftly sifts through these debates, showing why we should embrace 'ecstatic' or 'goodness-prior' eudaimonism while rejecting 'welfare-prior' forms of eudaimonism. Grasping the character of ecstatic eudaimonism, she argues, has major implications, overcoming the common assumption of a sharp break between pagan and Christian eudaimonism, as well as of a late medieval or Protestant repudiation of eudaimonism in favor of divine command theory. Agents cannot rightly respond to the goods they encounter unless they respond to them precisely as good, and not merely as a means to promoting their own welfare; in responding well, their agency is thereby necessarily perfected. In conversation with vital strands of contemporary moral philosophy, Herdt goes on to articulate the distinctive character of obligation as a feature of accountability relations among agents. Assuming Responsibility offers a fresh point of departure for theological and philosophical approaches to virtue ethics, moral agency, and the contested relationship between the good and the right.

Asylsuchende und Migranten auf See: Staatliche Rechte und Pflichten aus völkerrechtlicher Sicht (Hamburg Studies on Maritime Affairs #15)

Migration über See ist vor allem ein humanitäres Problem: Regelmäßig geraten Asylsuchende und Migranten in Seenot. Eine Vielzahl von Todesfällen ist die Folge. Diese Arbeit bietet eine umfassende Untersuchung der Thematik aus völkerrechtlicher Sicht. Zum einen werden die Instrumente des internationalen Rechts analysiert, die der Kontrolle der Einwanderung dienen. Zum anderen zeigt die Arbeit die Grenzen dieser Eingriffsrechte und weitergehende staatliche Verpflichtungen gegenüber Migranten, Asylsuchenden und Flüchtlingen auf.

The Asylum Acquis Handbook:The Foundation for a Common European Asylum Policy

The Asylum Acquis Handbook is a unique and comprehensive tool for those who have an interest in contributing to a sound, common European asylum policy. Asylum has always been an intensively debated topic and the general consensus is that the European Union should strive for a common asylum policy. Yet, basic information is lacking. The Asylum Acquis Handbook seeks to fill this gap by describing and providing a foundation for a common European Asylum policy and serves as an important reference book with in-depth information on asylum-related topics. It includes an overview of the Acquis; the texts of the various relevant instruments; value-free commentaries; informative contributions, especially written for this Handbook by leading experts, as well as additional information and sources. The Asylum Acquis Handbook will become an important source for policy makers, the executive, the media, students and all others concerned with the issue of asylum.

Asylum After Empire: Colonial Legacies In The Politics Of Asylum Seeking (PDF) (Kilombo: International Relations And Colonial Questions Ser.)

Asylum seekers are not welcome in Europe. But why is that the case? For many scholars, the policies have become more restrictive over recent decades because the asylum seekers have changed. This change is often said to be about numbers, methods of travel, and reasons for flight. In short: we are in an age of hypermobility and states cannot cope with such volumes of 'others'. This book presents an alternative view, drawing on theoretical insights from Third World Approaches to International Law, post- and decolonial studies, and presenting new research on the context of the British Empire. The text highlights the fact that since the early 1990s, for the first time, the majority of asylum seekers originate from countries outside of Europe, countries which until 30-60 years ago were under colonial rule. Policies which address asylum seekers must, the book argues, be understood not only as part of a global hypermobile present, but within the context of colonial histories.

Asylum and International Law

Asylum Law in the European Union: From The Geneva Convention To The Law Of The Eu (Routledge Research in Asylum, Migration and Refugee Law)

This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.

Asylum Law in the European Union (Routledge Research in Asylum, Migration and Refugee Law)

This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.

Asylum Matters: On the Front Line of Administrative Decision-Making (Palgrave Socio-Legal Studies)

This open access book examines everyday practices in an asylum administration. Asylum decisions are often criticised as being ‘subjective’ or ‘arbitrary’. Asylum Matters turns this claim on its head. Through the ethnographic study of asylum decision-making in the Swiss Secretariat for Migration, the book shows how regularities in administrative practice and ‘socialised subjectivity’ are produced. It argues that asylum caseworkers acquire an institutional habitus through their socialisation on the job, making them ‘carriers’ of routine practices. The different chapters of the book deal with what it means to methodologically study administrative practice: with how asylum proceedings work in Switzerland and with the role different types of knowledge play in overcoming the uncertainties inherent in refugee status and credibility determination. It sheds light on organisational socialisation processes and on the professional norms and values at the heart of administrative work. By doing so, it shows how disbelief becomes normalised in the office. This book speaks to legal scholars, sociologists, anthropologists, human geographers and political scientists interested in bureaucracy, asylum law, migration studies and socio-legal studies, and to NGOs working in the field of asylum.

Asylum - A Right Denied: A Critical Analysis of European Asylum Policy (Law and Migration)

In recent decades, asylum has emerged as a highly politicized European issue. The term ’asylum seeker’ has suffered a negative perception and has been associated with notions of illegality and criminality in mainstream media. These misconceptions have been supported by politicians as a distraction from economic and political uncertainties with the result that asylum seekers have been deprived of significant rights. This book examines the effect of recent attempts of harmonization on the identification and protection of refugees. It considers the extent of obligations on the state to admit and protect refugees and examines the 1951 Refugee Convention. The motivations of European legislators and legislation concerning asylum procedures and reception conditions are also analysed. Proposals and initiatives for refugee movements and determinations are examined and assessed. The author makes suggestions for better protection of refugees while responding to the security concerns of States, and questions whether European law and policy is doing enough to uphold the fundamental right to seek and enjoy asylum as set out in the Universal Declaration of Human Rights. This book takes a bold look at a controversial issue and generates discussion for those involved in the fields of human rights, migrational and transnational studies, law and society and international law.

Asylum - A Right Denied: A Critical Analysis of European Asylum Policy (Law and Migration)

In recent decades, asylum has emerged as a highly politicized European issue. The term ’asylum seeker’ has suffered a negative perception and has been associated with notions of illegality and criminality in mainstream media. These misconceptions have been supported by politicians as a distraction from economic and political uncertainties with the result that asylum seekers have been deprived of significant rights. This book examines the effect of recent attempts of harmonization on the identification and protection of refugees. It considers the extent of obligations on the state to admit and protect refugees and examines the 1951 Refugee Convention. The motivations of European legislators and legislation concerning asylum procedures and reception conditions are also analysed. Proposals and initiatives for refugee movements and determinations are examined and assessed. The author makes suggestions for better protection of refugees while responding to the security concerns of States, and questions whether European law and policy is doing enough to uphold the fundamental right to seek and enjoy asylum as set out in the Universal Declaration of Human Rights. This book takes a bold look at a controversial issue and generates discussion for those involved in the fields of human rights, migrational and transnational studies, law and society and international law.

Asylum-Seeker and Refugee Protection in Sub-Saharan Africa: The Peregrination of a Persecuted Human Being in Search of a Safe Haven (Routledge Research in Asylum, Migration and Refugee Law)

It is not often acknowledged that the great majority of African refugee movement happens within Africa rather than from Africa to the West. This book examines the specific characteristics and challenges of the refugee situation in Sub-Saharan Africa, offering a new and critical vision on the situation of asylum-seekers and refugees in the African continent. Cristiano d’Orsi considers the international, regional and domestic legal and institutional frameworks linked to refugee protection in Sub-Saharan Africa, and explores the contributions African refugee protection has brought to the cause on a global scale. Key issues covered in the book include the theory and the practice of non-refoulement, an analysis of the phenomenon of mass-influx, the concept of burden-sharing, and the role of freedom fighters. The book goes on to examine the expulsions of refugees and the historical role played by UNHCR in Sub-Saharan Africa. As a work which follows the persecution and legal challenges of those in search of a safe haven, this book will be of great interest and use to researchers and students of immigration and asylum law, international law, human rights, and African studies.

Asylum-Seeker and Refugee Protection in Sub-Saharan Africa: The Peregrination of a Persecuted Human Being in Search of a Safe Haven (Routledge Research in Asylum, Migration and Refugee Law)

It is not often acknowledged that the great majority of African refugee movement happens within Africa rather than from Africa to the West. This book examines the specific characteristics and challenges of the refugee situation in Sub-Saharan Africa, offering a new and critical vision on the situation of asylum-seekers and refugees in the African continent. Cristiano d’Orsi considers the international, regional and domestic legal and institutional frameworks linked to refugee protection in Sub-Saharan Africa, and explores the contributions African refugee protection has brought to the cause on a global scale. Key issues covered in the book include the theory and the practice of non-refoulement, an analysis of the phenomenon of mass-influx, the concept of burden-sharing, and the role of freedom fighters. The book goes on to examine the expulsions of refugees and the historical role played by UNHCR in Sub-Saharan Africa. As a work which follows the persecution and legal challenges of those in search of a safe haven, this book will be of great interest and use to researchers and students of immigration and asylum law, international law, human rights, and African studies.

Asylum, Welfare and the Cosmopolitan Ideal: A Sociology of Rights

Asylum, Welfare and the Cosmopolitan Ideal: A Sociology of Rights puts forward the argument that rights must be understood as part of a social process: a terrain for strategies of inclusion and exclusion but also of contestation and negotiation. Engaging debate about how ‘cosmopolitan’ principles and practices may be transforming national sovereignty, Lydia Morris explores this premise through a case study of legal activism, civil society mobilisation, and judicial decision-making. The book documents government attempts to use destitution as a deterrent to control asylum numbers, and examines a series of legal challenges to this policy, spanning a period both before and after the Human Rights Act. Lydia Morris shows how human rights can be used as a tool for radical change, and in so doing proposes a multi-layered 'model' for understanding rights. This incorporates political strategy, public policy, civil society mobilisation, judicial decision-making, and their public impact, and advances a dynamic understanding of rights as part of the recurrent encounter between principles and politics. Rights are therefore seen as both a social product and a social force.

Asylum, Welfare and the Cosmopolitan Ideal: A Sociology of Rights

Asylum, Welfare and the Cosmopolitan Ideal: A Sociology of Rights puts forward the argument that rights must be understood as part of a social process: a terrain for strategies of inclusion and exclusion but also of contestation and negotiation. Engaging debate about how ‘cosmopolitan’ principles and practices may be transforming national sovereignty, Lydia Morris explores this premise through a case study of legal activism, civil society mobilisation, and judicial decision-making. The book documents government attempts to use destitution as a deterrent to control asylum numbers, and examines a series of legal challenges to this policy, spanning a period both before and after the Human Rights Act. Lydia Morris shows how human rights can be used as a tool for radical change, and in so doing proposes a multi-layered 'model' for understanding rights. This incorporates political strategy, public policy, civil society mobilisation, judicial decision-making, and their public impact, and advances a dynamic understanding of rights as part of the recurrent encounter between principles and politics. Rights are therefore seen as both a social product and a social force.

Asymmetric Jurisdiction Clauses (Oxford Private International Law Series)

Asymmetric jurisdiction clauses, giving one party a right to choose the forum for litigation after a dispute has already arisen, are widespread in international commercial contracting. And yet for close to a decade their enforceability and effects under EU law have been uncertain, with seven different competing decisions from France's highest court progressively contributing to the murky waters. From the interpretation of material changes to the Brussels I Recast Regulation, to obiter comments by English judges as to whether the 2005 Hague Choice of Court Convention on 'exclusive' jurisdiction clauses applies to asymmetric clauses, how can lawyers balance certainty, flexibility, and risk in this difficult legal landscape? This book explores this conundrum and aims to bring clarity to the current law on asymmetric jurisdiction clauses in the EU, England, and Contracting States to the Hague Convention 2005. It seeks to prompt practitioners and scholars to reflect carefully and critically on how and why asymmetric clauses are used, whether courts will -and should- hold businesses to them, and how both the law and the clauses themselves could be better designed in the future.

Asymmetric Jurisdiction Clauses (Oxford Private International Law Series)

Asymmetric jurisdiction clauses, giving one party a right to choose the forum for litigation after a dispute has already arisen, are widespread in international commercial contracting. And yet for close to a decade their enforceability and effects under EU law have been uncertain, with seven different competing decisions from France's highest court progressively contributing to the murky waters. From the interpretation of material changes to the Brussels I Recast Regulation, to obiter comments by English judges as to whether the 2005 Hague Choice of Court Convention on 'exclusive' jurisdiction clauses applies to asymmetric clauses, how can lawyers balance certainty, flexibility, and risk in this difficult legal landscape? This book explores this conundrum and aims to bring clarity to the current law on asymmetric jurisdiction clauses in the EU, England, and Contracting States to the Hague Convention 2005. It seeks to prompt practitioners and scholars to reflect carefully and critically on how and why asymmetric clauses are used, whether courts will -and should- hold businesses to them, and how both the law and the clauses themselves could be better designed in the future.