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Autonomy After Auschwitz: Adorno, German Idealism, and Modernity

Ever since Kant and Hegel, the notion of autonomy—the idea that we are beholden to no law except one we impose upon ourselves—has been considered the truest philosophical expression of human freedom. But could our commitment to autonomy, as Theodor Adorno asked, be related to the extreme evils that we have witnessed in modernity? In Autonomy after Auschwitz, Martin Shuster explores this difficult question with astonishing theoretical acumen, examining the precise ways autonomy can lead us down a path of evil and how it might be prevented from doing so. Shuster uncovers dangers in the notion of autonomy as it was originally conceived by Kant. Putting Adorno into dialogue with a range of European philosophers, notably Kant, Hegel, Horkheimer, and Habermas—as well as with a variety of contemporary Anglo-American thinkers such as Richard Rorty, Stanley Cavell, John McDowell, and Robert Pippin—he illuminates Adorno’s important revisions to this fraught concept and how his different understanding of autonomous agency, fully articulated, might open up new and positive social and political possibilities. Altogether, Autonomy after Auschwitz is a meditation on modern evil and human agency, one that demonstrates the tremendous ethical stakes at the heart of philosophy.

Autonomy After Auschwitz: Adorno, German Idealism, and Modernity

Ever since Kant and Hegel, the notion of autonomy—the idea that we are beholden to no law except one we impose upon ourselves—has been considered the truest philosophical expression of human freedom. But could our commitment to autonomy, as Theodor Adorno asked, be related to the extreme evils that we have witnessed in modernity? In Autonomy after Auschwitz, Martin Shuster explores this difficult question with astonishing theoretical acumen, examining the precise ways autonomy can lead us down a path of evil and how it might be prevented from doing so. Shuster uncovers dangers in the notion of autonomy as it was originally conceived by Kant. Putting Adorno into dialogue with a range of European philosophers, notably Kant, Hegel, Horkheimer, and Habermas—as well as with a variety of contemporary Anglo-American thinkers such as Richard Rorty, Stanley Cavell, John McDowell, and Robert Pippin—he illuminates Adorno’s important revisions to this fraught concept and how his different understanding of autonomous agency, fully articulated, might open up new and positive social and political possibilities. Altogether, Autonomy after Auschwitz is a meditation on modern evil and human agency, one that demonstrates the tremendous ethical stakes at the heart of philosophy.

Autonomy and Clinical Medicine: Renewing the Health Professional Relation with the Patient (International Library of Ethics, Law, and the New Medicine #2)

This book arises from a two-fold conviction. The first is that autonomy, despite recent critiques about its importance in bioethics and philosophy of medicine, and the traditional resistance of medicine to its "intrusion" into the doctor-patient relation, is a fundamental building block of an individual's identity and mechanisms for dealing with illness, disease, and incapacity. As such it is an essential component in the health care professional's armamentarium employed to bring about healing. Furthennore, it functions in a similar way to assist the health professional in his or her relations to the sick and injured. The second conviction follows from the fITst. Autonomy is far more complex than appears from the philosophical use of the concept. In this conviction we join those who have criticized the over-reliance on autonomy in modem, secular bioethics originating in the United States, but gaining ascendancy in other cultures. This critique relies on appeals to the richer contexts of persons' lives. Elsewhere the contemporary critique of autonomy appears in a variety of alternative ethical models like narrative ethics, casuist ethics, and contextualism. Indeed, postmodern criticism of all bioethics argues that there is no defensible foundation for claims that one ought to respect autonomy or any other principle as a way of ensuring that one is ethical.

Autonomy and Control of State Agencies: Comparing States and Agencies (Public Sector Organizations)

By comparing the autonomy, control and internal management of public organizations, this book show how New Public Management doctrines work out in three small European states with different politico-administrative regimes. Using survey data on 226 state agencies, hypotheses drawing on organization theory and neo-institutional schools are tested.

Autonomy and Human Rights in Health Care: An International Perspective (International Library of Ethics, Law, and the New Medicine #36)

This book offers a group of essays published in memory of David Thomasma, one of the leading humanists in the field of bioethics during the twentieth century. The authors represent many different countries and disciplines throughout the globe. The volume deals with the pressing issue of how to ground a universal bioethics in the context of the conflicted world of combative cultures and perspectives.

Autonomy And Intervention: Parentalism In The Caring Life

The basic relationship between people should be care, and the caring life is the highest which humans can live. Unfortunately, care that is not thoughtful slides into illegitimate intrusion on autonomy. Autonomy is a basic good, and we should not abridge it without good reason. On the other hand, it is not the only good. We must sometimes intervene in the lives of others to protect them from grave harms or provide them with important benefits. The reflective person, therefore, needs guidelines for caring. Some contemporary moralists condemn paternalism categorically. This work examines weaknesses in their arguments and proposes new guidelines for paternalism, which it calls "parentalism" to avoid the patriarchal connotations of the old term. Its antiparentalism is more moderate than standard antipaternalism based on an exaggerated respect for autonomy. The work explores implications for both the personal sphere of interactions between individuals, such as friends and family members, and the public sphere of institutions, legislation, and the professional practices.

Autonomy and Intervention: Parentalism in the Caring Life

The basic relationship between people should be care, and the caring life is the highest which humans can live. Unfortunately, care that is not thoughtful slides into illegitimate intrusion on autonomy. Autonomy is a basic good, and we should not abridge it without good reason. On the other hand, it is not the only good. We must sometimes intervene in the lives of others to protect them from grave harms or provide them with important benefits. The reflective person, therefore, needs guidelines for caring. Some contemporary moralists condemn paternalism categorically. This work examines weaknesses in their arguments and proposes new guidelines for paternalism, which it calls "parentalism" to avoid the patriarchal connotations of the old term. Its antiparentalism is more moderate than standard antipaternalism based on an exaggerated respect for autonomy. The work explores implications for both the personal sphere of interactions between individuals, such as friends and family members, and the public sphere of institutions, legislation, and the professional practices.

Autonomy and Pregnancy: A Comparative Analysis of Compelled Obstetric Intervention (Biomedical Law and Ethics Library)

Technology has come to dominate the modern experience of pregnancy and childbirth, but instead of empowering pregnant women, technology has been used to identify the foetus as a second patient characterised as a distinct entity with its own needs and interests. Often, foetal and the woman’s interests will be aligned, though in legal and medical discourses the two ‘patients’ are frequently framed as antagonists with conflicting interests. This book focuses upon the permissibility of encroachment on the pregnant woman’s autonomy in the interests of the foetus. Drawing on the law in England & Wales, the United States of America and Germany, Samantha Halliday focuses on the tension between a pregnant woman’s autonomy and medical actions taken to protect the foetus, addressing circumstances in which courts have declared medical treatment lawful in the face of the pregnant woman’s refusal of consent. As a work which calls into question the understanding of autonomy in prenatal medical care, this book will be of great use and interest to students, researchers and practitioners in medical law, comparative law, bioethics, and human rights.

Autonomy and Pregnancy: A Comparative Analysis of Compelled Obstetric Intervention (Biomedical Law and Ethics Library)

Technology has come to dominate the modern experience of pregnancy and childbirth, but instead of empowering pregnant women, technology has been used to identify the foetus as a second patient characterised as a distinct entity with its own needs and interests. Often, foetal and the woman’s interests will be aligned, though in legal and medical discourses the two ‘patients’ are frequently framed as antagonists with conflicting interests. This book focuses upon the permissibility of encroachment on the pregnant woman’s autonomy in the interests of the foetus. Drawing on the law in England & Wales, the United States of America and Germany, Samantha Halliday focuses on the tension between a pregnant woman’s autonomy and medical actions taken to protect the foetus, addressing circumstances in which courts have declared medical treatment lawful in the face of the pregnant woman’s refusal of consent. As a work which calls into question the understanding of autonomy in prenatal medical care, this book will be of great use and interest to students, researchers and practitioners in medical law, comparative law, bioethics, and human rights.

Autonomy and Self-determination: Between Legal Assertions and Utopian Aspirations

Europe has reached a crisis point, with the call for self-determination and more autonomy stronger than it ever has been. In this book, renowned international lawyers give a detailed account of the present state of international law regarding self-determination and autonomy. Autonomy and Self-determination offers readers both an overview of the status quo of legal discussions on the topic and an identification of the most important elements of discussion that could direct future legal developments in this field. This is done through the examination of key issues in abstract and in relation to specific cases such as Catalonia, Italy and Scotland. The book extends past a simple assessment of issues of autonomy and self-determination according to a traditional legal viewpoint, and rather argues that utopian international law ideas are the breeding ground for norms and legal institutions of the future. This insightful book will be an invaluable read for international lawyers and political science scholars. It provides a clear, yet detailed, analysis of the issues Europe is facing regarding autonomy and self-determination in the face of historical context, also making it a useful tool for European history scholars.

Autonomy and the Self (Philosophical Studies Series #118)

This volume addresses the complex interplay between the conditions of an agent’s personal autonomy and the constitution of her self in light of two influential background assumptions: a libertarian thesis according to which it is essential for personal autonomy to be able to choose freely how one’s self is shaped, on the one hand, and a line of thought following especially the seminal work of Harry Frankfurt according to which personal autonomy necessarily rests on an already sufficiently shaped self, on the other hand. Given this conceptual framework, a number of influential aspects within current debate can be addressed in a new and illuminating light: accordingly, the volume’s contributions range from 1) discussing fundamental conceptual interconnections between personal autonomy and freedom of the will, 2) addressing the exact role and understanding of different personal traits, e.g. Frankfurt’s notion of volitional necessities, commitments to norms and ideals, emotions, the phenomenon of weakness of will, and psychocorporeal aspects, 3) and finally taking into account social influences, which are discussed in terms of their ability to buttress, to weaken, or even to serve as necessary preconditions of personal autonomy and the forming of one’s self. The volume thus provides readers with an extensive and most up-to-date discussion of various influential strands of current philosophical debate on the topic. It is of equal interest to all those already engaged in the debate as well as to readers trying to get an up-to-date overview or looking for a textbook to use in courses.

Autonomy, Authority and Moral Responsibility (Law and Philosophy Library #33)

Questions about the relationship between autonomy and authority are raised in nearly every area of moral philosophy. Although the most ob­ vious of these is political philosophy (especially the philosophy of law), the issues surrounding this relationship are by no means confined to this area. Indeed, as we shall see as this work progresses, the issues raised are central to moral psychology, religion, professional ethics, medical ethics, and the nature of moral systems generally. Although the title of this work is Autonomy. Authority and Moral Responsibility. we shall be concerned with the more general question about the relationship between autonomy (or self-direction) and exter­ nal influences, which I take to be any guide to behavior whose presence, content or substance is dependent upon something beyond the control of the agent. Something is beyond the control of the agent if the agent cannot determine whether or not it is present, what its content consists of, or whether or not (or in what way) it influences her. These "external" influences may include (but are not necessarily limited to) religious con­ victions (which guide behavior according to a doctrine whose content is established independently of the agent); moral obligations (which re­ quire action in accordance with some moral theory); and desires for ob­ jects or states of affairs whose presence (or absence) is beyond the con­ trol of the agent. Of course, external influences may also include the requirements of authority or law.

Autonomy, Care and Family Law

There is a tension at the heart of family law and policy between the increasing influence of individual autonomy and the demands of caring for children. Individual autonomy envisages decisions made in one's own best interests, whereas decisions around care are often made for the good of the family, and may conflict with the caregiver's individual interests. Whereas individual autonomy valorises economic self-sufficiency, caregiving responsibilities constrain choice and conflict with paid work. This book explores this tension to consider how, given changing social trends, family law and policy should take account of caregiving responsibilities on parental separation. Crucially, it suggests that we need to rethink family law by placing care at its centre. This book draws on original empirical data to explore the experiences of parents in England and Wales, where the division of paid work and care is considered a choice, and Sweden, where parents are encouraged to work full-time, supported by wellfunded state childcare. This comparative perspective sheds light on whether the clash between the ideas of autonomy and care could be reconciled in a more gender equal society. The book argues that caregiving is hidden from, and undervalued by, law and policy in both jurisdictions, underscoring the need for the proposed new approach. The law needs to think more deeply about what it means to care, and how the care provided by parents differs. Anna Heenan outlines how family law might look different if the proposed framework, based on placing care at the heart of family law, is adopted.

Autonomy, Care and Family Law

There is a tension at the heart of family law and policy between the increasing influence of individual autonomy and the demands of caring for children. Individual autonomy envisages decisions made in one's own best interests, whereas decisions around care are often made for the good of the family, and may conflict with the caregiver's individual interests. Whereas individual autonomy valorises economic self-sufficiency, caregiving responsibilities constrain choice and conflict with paid work. This book explores this tension to consider how, given changing social trends, family law and policy should take account of caregiving responsibilities on parental separation. Crucially, it suggests that we need to rethink family law by placing care at its centre. This book draws on original empirical data to explore the experiences of parents in England and Wales, where the division of paid work and care is considered a choice, and Sweden, where parents are encouraged to work full-time, supported by wellfunded state childcare. This comparative perspective sheds light on whether the clash between the ideas of autonomy and care could be reconciled in a more gender equal society. The book argues that caregiving is hidden from, and undervalued by, law and policy in both jurisdictions, underscoring the need for the proposed new approach. The law needs to think more deeply about what it means to care, and how the care provided by parents differs. Anna Heenan outlines how family law might look different if the proposed framework, based on placing care at the heart of family law, is adopted.

Autonomy, Consent and the Law (Biomedical Law and Ethics Library)

Autonomy is often said to be the dominant ethical principle in modern bioethics, and it is also important in law. Respect for autonomy is said to underpin the law of consent, which is theoretically designed to protect the right of patients to make decisions based on their own values and for their own reasons. The notion that consent underpins beneficent and lawful medical intervention is deeply rooted in the jurisprudence of countries throughout the world. However, Autonomy, Consent and the Law challenges the relationship between consent rules and autonomy, arguing that the very nature of the legal process inhibits its ability to respect autonomy, specifically in cases where patients argue that their ability to act autonomously has been reduced or denied as a result of the withholding of information which they would have wanted to receive. Sheila McLean further argues that the bioethical debate about the true nature of autonomy – while rich and challenging – has had little if any impact on the law. Using the alleged distinction between the individualistic and the relational models of autonomy as a template, the author proposes that, while it might be assumed that the version ostensibly preferred by law – roughly equivalent to the individualistic model – would be transparently and consistently applied, in fact courts have vacillated between the two to achieve policy-based objectives. This is highlighted by examination of four specific areas of the law which most readily lend themselves to consideration of the application of the autonomy principle: namely refusal of life-sustaining treatment and assisted dying, maternal/foetal issues, genetics and transplantation. This book will be of great interest to scholars of medical law and bioethics.

Autonomy, Consent and the Law (Biomedical Law and Ethics Library)

Autonomy is often said to be the dominant ethical principle in modern bioethics, and it is also important in law. Respect for autonomy is said to underpin the law of consent, which is theoretically designed to protect the right of patients to make decisions based on their own values and for their own reasons. The notion that consent underpins beneficent and lawful medical intervention is deeply rooted in the jurisprudence of countries throughout the world. However, Autonomy, Consent and the Law challenges the relationship between consent rules and autonomy, arguing that the very nature of the legal process inhibits its ability to respect autonomy, specifically in cases where patients argue that their ability to act autonomously has been reduced or denied as a result of the withholding of information which they would have wanted to receive. Sheila McLean further argues that the bioethical debate about the true nature of autonomy – while rich and challenging – has had little if any impact on the law. Using the alleged distinction between the individualistic and the relational models of autonomy as a template, the author proposes that, while it might be assumed that the version ostensibly preferred by law – roughly equivalent to the individualistic model – would be transparently and consistently applied, in fact courts have vacillated between the two to achieve policy-based objectives. This is highlighted by examination of four specific areas of the law which most readily lend themselves to consideration of the application of the autonomy principle: namely refusal of life-sustaining treatment and assisted dying, maternal/foetal issues, genetics and transplantation. This book will be of great interest to scholars of medical law and bioethics.

Autonomy, Consent and the Law (PDF)

Autonomy is often said to be the dominant ethical principle in modern bioethics, and it is also important in law. Respect for autonomy is said to underpin the law of consent, which is theoretically designed to protect the right of patients to make decisions based on their own values and for their own reasons. The notion that consent underpins beneficent and lawful medical intervention is deeply rooted in the jurisprudence of countries throughout the world. However, Autonomy, Consent and the Law challenges the relationship between consent rules and autonomy, arguing that the very nature of the legal process inhibits its ability to respect autonomy, specifically in cases where patients argue that their ability to act autonomously has been reduced or denied as a result of the withholding of information which they would have wanted to receive. Sheila McLean further argues that the bioethical debate about the true nature of autonomy #65533; while rich and challenging #65533; has had little if any impact on the law. Using the alleged distinction between the individualistic and the relational models of autonomy as a template, the author proposes that, while it might be assumed that the version ostensibly preferred by law #65533; roughly equivalent to the individualistic model #65533; would be transparently and consistently applied, in fact courts have vacillated between the two to achieve policy-based objectives. This is highlighted by examination of four specific areas of the law which most readily lend themselves to consideration of the application of the autonomy principle: namely refusal of life-sustaining treatment and assisted dying, maternal/foetal issues, genetics and transplantation. This book will be of great interest to scholars of medical law and bioethics.

Autonomy, Freedom and Rights: A Critique of Liberal Subjectivity (Law and Philosophy Library #65)

For the author freedom is not a fixed measure. It is not the container of powers and rights defining an individual's role and identity. It is rather the outcome of a process whereby individuals continuously re-define the shape of their individuality. Freedom is everything that each of us manages to be in his or her active and uncertain opposition to external 'pressures'.

Autonomy in the Law (Ius Gentium: Comparative Perspectives on Law and Justice #1)

By juxtaposing European and American concepts of autonomy in the law as they are applied to families, capital punishment and criminal trials, authors reveal the common values that justify all legal systems. This book sheds new light on the fundamental purpose of law by examining how European and American lawyers, judges, and citizens actually apply and should apply legal autonomy to litigation, legislation, and the law itself.

The Autonomy of Labour Law

To what extent is labour law an autonomous field of study? This book is based upon the papers written by a group of leading international scholars on this theme, delivered at a conference to mark Professor Mark Freedland's retirement from his teaching fellowship in Oxford. The chapters explore the boundaries and connections between labour law and other legal disciplines such as company law, competition law, contract law and public law; labour law and legal methodologies such as reflexive governance and comparative law; and labour law and other disciplines such as ethics, economics and political philosophy. In so doing, it represents a cross-section of the most sophisticated current work at the cutting edge of labour law theory.

The Autonomy of Labour Law

To what extent is labour law an autonomous field of study? This book is based upon the papers written by a group of leading international scholars on this theme, delivered at a conference to mark Professor Mark Freedland's retirement from his teaching fellowship in Oxford. The chapters explore the boundaries and connections between labour law and other legal disciplines such as company law, competition law, contract law and public law; labour law and legal methodologies such as reflexive governance and comparative law; and labour law and other disciplines such as ethics, economics and political philosophy. In so doing, it represents a cross-section of the most sophisticated current work at the cutting edge of labour law theory.

Autonomy, Rationality, and Contemporary Bioethics (Oxford Philosophical Monographs)

This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Personal autonomy is often lauded as a key value in contemporary Western bioethics. Though the claim that there is an important relationship between autonomy and rationality is often treated as uncontroversial in this sphere, there is also considerable disagreement about how we should cash out the relationship. In particular, it is unclear whether a rationalist view of autonomy can be compatible with legal judgments that enshrine a patient's right to refuse medical treatment, regardless of whether the reasons underpinning the choice are known and rational, or indeed whether they even exist. Jonathan Pugh brings recent philosophical work on the nature of rationality to bear on the question of how we should understand personal autonomy in contemporary bioethics. In doing so, he develops a new framework for thinking about the concept of autonomy, one that is grounded in an understanding of the different roles that rational beliefs and rational desires have to play in it. Pugh's account allows for a deeper understanding of d the relationship between our freedom to act and our capacity to decide autonomously. His rationalist perspective is contrasted with other prominent accounts of autonomy in bioethics, and the revisionary implications it has for practical questions in biomedicine are also outlined.

Autonomy, Rationality, and Contemporary Bioethics (Oxford Philosophical Monographs)

This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Personal autonomy is often lauded as a key value in contemporary Western bioethics. Though the claim that there is an important relationship between autonomy and rationality is often treated as uncontroversial in this sphere, there is also considerable disagreement about how we should cash out the relationship. In particular, it is unclear whether a rationalist view of autonomy can be compatible with legal judgments that enshrine a patient's right to refuse medical treatment, regardless of whether the reasons underpinning the choice are known and rational, or indeed whether they even exist. Jonathan Pugh brings recent philosophical work on the nature of rationality to bear on the question of how we should understand personal autonomy in contemporary bioethics. In doing so, he develops a new framework for thinking about the concept of autonomy, one that is grounded in an understanding of the different roles that rational beliefs and rational desires have to play in it. Pugh's account allows for a deeper understanding of d the relationship between our freedom to act and our capacity to decide autonomously. His rationalist perspective is contrasted with other prominent accounts of autonomy in bioethics, and the revisionary implications it has for practical questions in biomedicine are also outlined.

Autrement qu'etre, ou, Au-dela de l'essence.

AVA-Handbuch: Ausschreibung - Vergabe - Abrechnung

In diesem praktischen Leitfaden werden alle wesentlichen Regelungen und Zusammenhänge dargestellt, die von der Ausschreibung über die Vergabe bis zur Abrechnung zu beachten sind. Das Geflecht aus dem Zivilrecht (BGB), Vergabe- und Vertragsordnung (VOB), öffentlichem Baurecht und den verschiedenen technischen Regeln wird aus Sicht des Architekten erschlossen. Zahlreiche Beispiele, Grafiken und Formularmuster veranschaulichen die Ausführungen. Dem Text zugeordnete Randziffern verweisen auf die einschlägigen Gesetze und Bestimmungen. Dieses Buch gibt dem Praktiker rechtssichere Hinweise, vermittelt Fachwissen in der Lehre und im Studium und bietet Bauherren wertvolle Unterstützung beim Umgang mit Architekten, Ingenieuren, Handwerkern und Bauunternehmen. Die fünfte Auflage berücksichtigt die Änderungen der VOB 2002 und aktualisiert die Rechtsprechung, neu bearbeitet wurden außerdem der Abschnitt computergestütze EDV.