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Axiological Pluralism: Jurisdiction, Law-Making and Pluralisms

Edited by: Lucia Busatta, Carlo Casonato

ISBN13: 9783030784775
Published: September 2022
Publisher: Springer International
Country of Publication: Switzerland
Format: Paperback (Hardback in 2021)
Price: £139.99
Hardback edition , ISBN13 9783030784744



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.

Subjects:
Medical Law and Bioethics
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