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Vicarious Liability in the Common Law World (Hart Studies in Private Law)
This book is the one place to find unprecedented access to case-law, doctrinal debates and comparative reflections on vicarious liability from across the common law world. The doctrine of vicarious liability, that is strict liability for the torts of others, represents one of the most controversial areas of tort law. Unsurprisingly it is a doctrine that has been discussed in the highest courts of common law jurisdictions. This collection responds to uncertainties as to the operation of vicarious liability in twenty-first century tort law by looking at key common law jurisdictions and asking expert scholars to set out and critically analyse the law, identifying factors influencing change and the extent to which case-law from other common law jurisdictions has been influential. The jurisdictions covered include Canada, England and Wales, Australia, Singapore, Ireland, Hong Kong and New Zealand. In providing critical analysis of this important topic, it will be essential and compelling reading for all scholars of tort law and practitioners working in this field.
Vienna Lectures on Legal Philosophy, Volume 2: Normativism and Anti-normativism in Law (Vienna Lectures on Legal Philosophy)
This second volume of the Vienna Lectures on Legal Philosophy series presents 11 chapters which are dedicated to normativist and anti-normativist approaches to law. The book focuses on the question: What is law? Is it a set of obligations imposed on courts and officials to guide their conduct and to assess the conduct of others? Or is it the result of settlements reached by opposing sides that accept arrangements and understandings to sustain peaceful cooperation?If law is the former its significance and meaning are independent of a shifting constellation of forces; if it is not, then what the law says depends on the relative power and prestige of the actors involved. With contributions from some of the leading scholars in the field, the collection presents a balanced and nuanced assessment of what is perhaps the most controversial debate in contemporary legal philosophy today.
Vienna Lectures on Legal Philosophy, Volume 3: Legal Reasoning (Vienna Lectures on Legal Philosophy)
The third volume of the Vienna Lectures on Legal Philosophy series focuses on one of the most fiercely contested issues in contemporary legal philosophy: the question of the importance of legal reasoning and how to properly engage with it.This book considers legal reasoning from two different angles: it revolves, on the one hand, around debates concerning interpretation and balancing, but it also asks, on the other, whom we ought to entrust with decision-making based on legal reasoning and how this relates to the very concept of law.The book approaches these underlying problems from a variety of perspectives and against the backdrop of different academic traditions, showcasing the rich landscape of critical debates around contemporary legal reasoning.
Virtue, Happiness, Knowledge: Themes from the Work of Gail Fine and Terence Irwin
Fifteen leading philosophers explore a set of themes from the pioneering work of Gail Fine and Terence Irwin, in ancient philosophy but also in later periods and in systematic philosophy. The contributors discuss knowledge, rhetoric, freedom and practical reason, virtue and the good life, ethics and politics in Plato and Aristotle and beyond. The editors offer an introduction charting the scholarly contributions of Fine and Irwin and assessing their individual and joint impact, together with a complete bibliography of their writings.
The Virtue of Solidarity (The Virtues)
Many today are worried about the global spread of divisive politics, rampant inequality, social alienation, and political apathy. They are hungry for meaningful action that will bring about change, yet they are uncertain of how to achieve this. It is often repeated that people must come together, in displays of solidarity, but fundamental questions about this political catchword--what solidarity is, when (or if) it is a virtue, and its potential dangers--have not received the attention they deserve. They have certainly received less attention than solidarity's closest relatives: liberty and equality. The Virtue of Solidarity brings together twelve world-leading philosophers to reflect on the nature, history, and virtue of solidarity. Topics discussed include race, class, Catholic understandings of solidarity, and the social theories of ?mile Durkheim, L?on Bourgeois, and J?rgen Habermas as they relate to present disputes of solidarity. These essays present and debate solidarity's many forms and roles--as a virtue, a sacrifice, an egalitarian commitment, or even something pernicious--where it belongs within a just society, and its relationship to justice. The Virtue of Solidarity is a comprehensive volume of the most recent thinking regarding this topic, ranging from the philosophical to the sociological, the religious to the political, presenting solidarity's many justifications and exploring the most urgent questions that surround it.
Virtues and Fallacies of VAT: An Evaluation after 50 Years
Value-added tax (VAT) is a mainstay of revenue systems in more than 160 countries. Because consumption is a more stable revenue base than other tax bases, VAT is less distorting and hence more likely to encourage investment, savings, optimum labor supply decisions, and growth. VAT is not without criticism however, and faces its own specific technical and policy challenges. This book, the first to thoroughly evaluate VAT from a global policy perspective after over 50 years of experience with its intricacies, offers authoritative perspectives on VAT’s full spectrum—from its signal successes to the subtle ways its application can undermine revenue performance and economic neutrality. The contributors—leading tax practitioners and academics—examine the key policy issues and topics that are crucially relevant for measuring the success of the tax in the first part of the book, including: revenue generation and revenue efficiency; single rate versus multiple rates; susceptibility to fraud; exemptions and exceptions; compliance cost for businesses; policy and compliance gaps in revenue collection; adjustment rules caused by the transactional nature of the tax; transfer pricing issues; treatment of vouchers; permanent establishments and holding companies; payment of refunds; cross-border digital transactions; and supplies for free or below cost price. The second part offers six country reports—on New Zealand, Japan, China, Colombia, Ethiopia, and India—to demonstrate the different ways in which VAT operates in a variety of national economies. Whether a government is contemplating the imposition of a general consumption tax for the first time or new rules for applying an existing one, it is important for policymakers to keep central the aim to design a tax that realizes optimal efficiency and causes minimal distortions. This invaluable book serves as an expert guide to VAT policy development in this area. It will be welcomed not only by concerned government officials but also by tax professionals (both lawyers and accountants) and academics in tax law.
The Virtues of Sustainability (The Virtues)
From climate change to species extinction, and habitat loss to soil degradation, a stark awareness of the often devastating impacts of human actions is growing. People around the world are urgently seeking sustainable ways of life for themselves and their communities. But what do these calls for a sustainable future mean for our current values and ways of life, and what kind of people will we need to become? Though sustainability is a ubiquitous concept with a range of meaning and applications, this volume shows that it can be significantly understood and sought through the notion of virtue, in the tradition of virtue ethics. Approaches to ethical living that emphasize good character and virtue are resurgent, and especially well-suited to addressing our present challenges. From rethinking excessive consumption, to appropriately respecting nature, to finding resilience in the face of environmental injustice, our characters will be frequently tested. The virtues of sustainability--character traits enabling us to lead sustainable, flourishing lives--will be critical to our success. This volume, divided into three sections, brings together newly-commissioned essays by leading scholars from multiple disciplines--from philosophy and political science, to religious studies and psychology. The essays in the first section focus on key factors and structures that support the cultivation of the virtues of sustainability, while those in the second focus in particular on virtues embraced by non-Western communities and cultures, and the worldviews that underlie them. Finally, the essays in the third section each address further particular virtues of sustainability, including cooperativeness, patience, conscientiousness, creativity, and open-mindedness. Together, these essays provide readers with a rich understanding of the importance and diversity of the virtues of sustainability, and practical guidance towards their cultivation.
Virtuous and Vicious Expressions of Partiality (Routledge Studies in Ethics and Moral Theory)
This volume gathers essays from leading scholars to discuss partiality in ethics. The chapters examine the virtuous and vicious ways in which we relate to those close to us. There has long been a puzzle in ethics concerning the balance between our general moral obligations to everyone and our specific moral obligations to a smaller subset of people: our family, our nation, and our friends. There has been longstanding tension between the moral intuition that equality entails that we have the same moral duties to everyone and the moral intuition that special obligations entail that we have much greater duties to those close to us. The chapters in this volume discuss varying perspectives on partiality within a wide range of relationships. Section 1 offers overarching visions of partiality. Section 2 examines how roles and relationships might shape partiality. Section 3 focuses on the potential moral dangers and pitfalls of partiality. Finally, Section 4 looks at specific applications of partiality expressed as our loyalty to country, religion, sports teams, and employers. Virtuous and Vicious Expressions of Partiality will be of interest to scholars and advanced students working in ethics, social and political philosophy, and philosophy of religion.
Voluntarily Stopping Eating and Drinking: A Compassionate, Widely-Available Option for Hastening Death
In the 21st century, people in the developed world are living longer. They hope they will have a healthy longer life and then die relatively quickly and peacefully. But frequently that does not happen. While people are living healthy a little longer, they tend to live sick for a lot longer. And at the end of being sick before dying, they and their families are frequently faced with daunting decisions about whether to continue life prolonging medical treatments or whether to find meaningful and forthright ways to die more easily and quickly. In this context, some people are searching for more and better options to hasten death. They may be experiencing unacceptable suffering in the present or may fear it in the near future. But they do not know the full range of options legally available to them. Voluntary stopping eating and drinking (VSED), though relatively unknown and poorly understood, is a widely available option for hastening death. VSED is legally permitted in places where medical assistance in dying (MAID) is not. And unlike U.S. jurisdictions where MAID is legally permitted, VSED is not limited to terminal illness or to those with current decision-making capacity. VSED is a compassionate option that respects patient choice. Despite its strongly misleading image of starvation, death by VSED is typically peaceful and meaningful when accompanied by adequate clinician and/or caregiver support. Moreover, the practice is not limited to avoiding unbearable suffering, but may also be used by those who are determined to avoid living with unacceptable deterioration such as severe dementia. But VSED is "not for everyone." This volume provides a realistic, appropriately critical, yet supportive assessment of the practice. Eight illustrative, previously unpublished real cases are included, receiving pragmatic analysis in each chapter. The volume's integrated, multi-professional, multi-disciplinary character makes it useful for a wide range of readers: patients considering present or future end-of-life options and their families, clinicians of all kinds, ethicists, lawyers, and institutional administrators. Appendices include recommended elements of an advance directive for stopping eating and drinking in one's future if and when decision making capacity is lost, and what to record as cause of death on the death certificates of those who hasten death by VSED.
Vulnerability, the Accused, and the Criminal Justice System: Multi-jurisdictional Perspectives (Routledge Contemporary Issues in Criminal Justice and Procedure)
This book is concerned with the vulnerability of suspects and defendants in criminal proceedings and the extent to which the vulnerable accused can effectively participate in the criminal process. Commencing with an exploration of how vulnerability is defined and identified, the collection examines and analyses how vulnerability manifests and is addressed at the police station and in court, addressing both child and adult accused persons. Leading and emerging scholars, along with practitioners with experience working in the field, explore and unpack the human rights and procedural implications of suspect and defendant vulnerability and examine how their needs are supported or disregarded. Drawing upon different disciplinary approaches and a range of analyses – doctrinal, theoretical and empirical – this book offers unique insights into the vulnerability and treatment of the criminal accused. In bringing together a diverse range of perspectives, the book offers key insights into the recognition of and responses to vulnerability among suspect and defendant populations in criminal justice systems across European jurisdictions. The book will be a valuable resource for academics, practitioners and policymakers interested in how vulnerable suspects and defendants are protected throughout the criminal process, and those working in the areas of law, criminology, sociology, human rights and psychology.
Vulnerable People and the Criminal Justice System: A Guide to Law and Practice
Over the last 25 years there has been a growing recognition that the way in which cases involving the vulnerable are investigated, charged and tried needs to change. Successive judgments of the Court of Appeal have re-enforced the message that advocates and judges have a duty to ensure vulnerable witnesses and defendants are treated fairly and allowed to participate effectively in the process. How do practitioners recognise who is or may be vulnerable? How should that person be interviewed? What account should police and the CPS take of a defendant's vulnerabilities? How should advocates adjust their questioning of vulnerable witnesses and defendants whilst still complying with their duties to their client? How should judges manage a trial to ensure the effective participation of vulnerable witnesses and defendants? Vulnerable People and the Criminal Justice System, written by leading experts in the field, gathers together for the first time answers to these questions and many more. It provides a practical, informative and thought-provoking guide to recognising, assessing and responding to vulnerability in witnesses and defendants at each stage of the criminal process. Backed by authoritative research and first-hand experience and drawing on recent case law, this book enables practitioners to deal with cases involving vulnerable people with calmness, authority, and confidence.
War and Peace in Outer Space: Law, Policy, and Ethics (Ethics, National Security, and the Rule of Law)
This book delves into legal and ethical concerns over the increased weaponization of outer space and the potential for space-based conflict in the very near future. Unique to this collection is the emphasis on questions of ethical conduct and legal standards applicable to military uses of outer space. No other existing publication takes this perspective, nor includes such a range of interdisciplinary expertise. The essays included in this volume explore the moral and legal issues of space security in four sections. Part I provides a general legal framework for the law of war and peace in space. Part II tackles ethical issues. Part III looks at specific threats to space security. Part IV proposes possible legal and diplomatic solutions. With an expert author team from North American and Europe, the volume brings together academics, military lawyers, military space operators, aerospace industry representatives, diplomats, and national security and policy experts. The experience of this team provides a collection unmatched in any academic publication broaching even some of these issues and will be required reading for anyone interested in war and peace in outer space.
War Reparations and the UN Compensation Commission: Designing Compensation After Conflict
The United Nations Compensation Commission (UNCC) is a claims reparation program created by the United Nations Security Council in May 1991, after the UN-authorized Allied Coalition Forces' military operations terminated the seven-month invasion and occupation of Kuwait by Iraq and liberated Kuwait. The UNCC was established with the objectives to receive and decide claims from individuals, corporations, and governments against Iraq as arising directly from Iraq's invasion and occupation of Kuwait; and to pay compensation for such claims. War Reparations and the UN Compensation Commission: Designing Compensation After Conflict is the first collective work on the UNCC claims program by experts who have contributed to its progress, and who have assisted in paving the way for more informed research on the Commission and its jurisprudence. Given its unprecedented, serious and sustained effort within the international community, the two-decade long operations of the UNCC deserve considerable attention and in-depth analysis especially with respect to its impact on the development and progress of international law in the areas of State responsibility and reparations.
The War Report: Armed Conflict in 2014
This War Report provides detailed information on every armed conflict which took place during 2014, offering an unprecedented overview of the nature, range, and impact of these conflicts and the legal issues they created. In Part I the Report describes its criteria for the identification and classification of armed conflicts under international law, and the legal consequences that flow from this classification. It sets out a list of armed conflicts in 2014, categorising each as international, non-international, or a military occupation, with estimates of civilian and military casualties. In Part II, each of these conflicts are examined in more detail, with an overview of the belligerents, means and methods of warfare, the applicable treaties and rules, and any prosecutions for, investigations into, or robust allegations of war crimes. Part III of the Report provides detailed thematic analysis of key legal developments which arose in the context of these conflicts, allowing for a more in-depth reflection on cross-cutting questions and controversies. The Report gives a full and accessible overview of armed conflicts in 2014. It should be the first port of call for everyone working in the field.
The War Report: Armed Conflict in 2013
This War Report provides detailed information on every armed conflict which took place during 2013, offering an unprecedented overview of the nature, range, and impact of these conflicts and the legal issues they created. In Part I, the Report describes its criteria for the identification and classification of armed conflicts under international law, and the legal consequences that flow from this classification. It sets out a list of armed conflicts in 2013, categorising each as international, non-international, or a military occupation, with estimates of civilian and military casualties. In Part II, each of the 28 conflicts identified in Part I are examined in more detail, with an overview of the belligerents, means and methods of warfare, the applicable treaties and rules, and any prosecutions for, investigations into, or robust allegations of war crimes. Part III of the Report provides detailed thematic analysis of key legal developments which arose in the context of these conflicts, allowing for a more in-depth reflection on cross-cutting questions and controversies. The topics under investigation in this Report include US policy on drone strikes, the use of chemical weapons in Syria, the protection of persons with a disability, and national and international war crimes trials. The Report gives a full and accessible overview of armed conflicts in 2013, making it the perfect first port of call for everyone working in the field.
Ways out of the European Housing Crisis: Tenure Innovation and Diversification in Comparative Perspective (Elgar Land and Housing Law and Policy series)
This timely book provides readers with a detailed comparative survey of tenure innovation and diversification in Europe. Alternative and intermediate tenures, i.e., housing options beyond tenancy and homeownership, are examined as remedies to address the growing European housing crisis.Starting with an introduction to national housing systems and their development, contributions from experienced legal academics explain the potential of alternative and intermediate tenures used in individual countries. Divided into groups reflecting not only geographical vicinity, but also roughly similar types of welfare states, the book examines 14 jurisdictions all over Europe. Taken together, the national models constitute what can be labelled a European acquis of housing options. The final comparative evaluation focuses on selecting best practice models, potentially capable of being transferred to, and used beneficially in, other countries.Addressing the European Housing Crisis will be of great interest for academics in European law, property law and public administration and management. It will also be a key resource for policy makers and experts associated with political institutions, civil society and housing associations, both at European and national levels.
We ARE Americans: Undocumented Students Pursuing the American Dream
Winner of the CEP Mildred Garcia Award for Exemplary ScholarshipAbout 2.4 million children and young adults under 24 years of age are undocumented. Brought by their parents to the US as minors—many before they had reached their teens—they account for about one-sixth of the total undocumented population. Illegal through no fault of their own, some 65,000 undocumented students graduate from the nation's high schools each year. They cannot get a legal job, and face enormous barriers trying to enter college to better themselves—and yet America is the only country they know and, for many, English is the only language they speak. What future do they have? Why are we not capitalizing, as a nation, on this pool of talent that has so much to contribute? What should we be doing?Through the inspiring stories of 16 students—from seniors in high school to graduate students—William Perez gives voice to the estimated 2.4 million undocumented students in the United States, and draws attention to their plight. These stories reveal how—despite financial hardship, the unpredictability of living with the daily threat of deportation, restrictions of all sorts, and often in the face of discrimination by their teachers—so many are not just persisting in the American educational system, but achieving academically, and moreover often participating in service to their local communities. Perez reveals what drives these young people, and the visions they have for contributing to the country they call home.Through these stories, this book draws attention to these students’ predicament, to stimulate the debate about putting right a wrong not of their making, and to motivate more people to call for legislation, like the stalled Dream Act, that would offer undocumented students who participate in the economy and civil life a path to citizenship. Perez goes beyond this to discuss the social and policy issues of immigration reform. He dispels myths about illegal immigrants’ supposed drain on state and federal resources, providing authoritative evidence to the contrary. He cogently makes the case—on economic, social, and constitutional and moral grounds—for more flexible policies towards undocumented immigrants. If today’s immigrants, like those of past generations, are a positive force for our society, how much truer is that where undocumented students are concerned?
Wealth, Commerce, and Philosophy: Foundational Thinkers and Business Ethics
The moral dimensions of how we conduct business affect all of our lives in ways big and small, from the prevention of environmental devastation to the policing of unfair trading practices, from arguments over minimum wage rates to those over how government contracts are handed out. Yet for as deep and complex a field as business ethics is, it has remained relatively isolated from the larger, global history of moral philosophy. This book aims to bridge that gap, reaching deep into the past and traveling the globe to reinvigorate and deepen the basis of business ethics. Spanning the history of western philosophy as well as looking toward classical Chinese thought and medieval Islamic philosophy, this volume provides business ethicists a unified source of clear, accurate, and compelling accounts of how the ideas of foundational thinkers—from Aristotle to Friedrich Hayek to Amartya Sen—relate to wealth, commerce, and markets. The essays illuminate perspectives that have often been ignored or forgotten, informing discussion in fresh and often unexpected ways. In doing so, the authors not only throw into relief common misunderstandings and misappropriations often endemic to business ethics but also set forth rich moments of contention as well as novel ways of approaching complex ethical problems. Ultimately, this volume provides a bedrock of moral thought that will move business ethics beyond the ever-changing opinions of headline-driven debate.
Weighing and Reasoning: Themes from the Philosophy of John Broome
John Broome has made major contributions to, and radical innovations in, contemporary moral philosophy. His research combines the formal method of economics with philosophical analysis. Broome's works stretch over formal axiology, decision theory, philosophy of economics, population axiology, the value of life, the ethics of climate change, the nature of rationality, and practical and theoretical reasoning. Weighing and Reasoning brings together fifteen original essays from leading philosophers who have been influenced by the work and thought of John Broome. It aims to offer a comprehensive evaluation of Broome's wide-ranging and far-reaching philosophical works over the past thirty years. The volume comprises two parts. The first part is focused on Broome's work on the theory of value, as exemplified in his books Weighing Goods, Weighing Lives, Economics out of Economics, and Climate Matters. The second part is focused on his work on practical and theoretical reasoning, which culminated in his Rationality through Reasoning. This volume also includes a piece by Broome on his intellectual history to date.
Weighing Lives in War (Ethics, National Security, and the Rule of Law)
The chief means to limit and calculate the costs of war are the philosophical and legal concepts of proportionality and necessity. Both categories are meant to restrain the most horrific potential of war. The volume explores the moral and legal issues in the modern law of war in three major categories. In so doing, the contributions will look for new and innovative approaches to understanding the process of weighing lives implicit in all theories of jus in bello: who counts in war, understanding proportionality, and weighing lives in asymmetric conflicts. These questions arise on multiple levels and require interdisciplinary consideration of both philosophical and legal themes.
Weighing Reasons
In recent decades normative reasons-considerations that count in favor of one thing or another-have come to the theoretical fore in ethics and epistemology. A major attraction of normative reasons is that they have weight or strength. Reasons are particular considerations that count in favor of actions or attitudes to some degree. This feature is attractive to theorists who want to explain more complex normative phenomena in terms of a notion that is weighted. This volume aims to provide the beginnings for a theory of weight. The fourteen new essays fall into three groups. One set of essays addresses questions about the nature of weight. Topics include the relations between reasons and conditions and modifiers, between reasons and other weighted notions such as commitments, and different models of the interaction of reasons. A second set of essays addresses substantive questions: questions about weight relevant to value-first, desire-first, evidence-first and other normative research programs. A third set of essays applies issues in the theory of weight to broader ethical debates. The book thus not only makes novel contributions to debates in ethics and epistemology about the nature of normative reasons and their weight, it also makes a strong case for the theoretical fruitfulness of the ideology of normative reasons.
What About the Family?: Practices of Responsibility in Care
Health and social care decisions, and how they impact a family, are often viewed from the perspective of the individual family member making them--for example, the role of the parent in surrogacy questions, the care of the elderly, or decisionis that involve fetuses or organ donations. This volume represents a concerted, collaborative effort to depart from this practice--it shows, rather, that the family unit as a whole shapes and influences the patient's decisions and very understanding of the choice at hand. The family is intrinsic and inseparable from such ethical choices. This deeper level of thinking about families and health care poses an entirely new set of difficult questions. Which family members are relevant in influencing a patient, and why is this so? What is a family, in the first place? What duties does a family have to its own members? This volume, edited by bioethicists Hilde Lindemann, Marian Verkerk, and Janice McLaughlin, develops an ethic radically distinct from health care ethics, feminist ethics, or an ethic of care, even though authors draw on many of the resources those approaches offer. What makes an ethics of families distinctive is that it theorizes relationships characterized by ongoing intimacy and partiality among people who are not interchangeable, and remains centered on the practices of responsibility arising from these relationships. What About the Family? represents an interdisciplinary effort, drawing, among other resources, on its authors' backgrounds in sociology, nursing, philosophy, bioethics, and the medical sciences. Contributors begin from the assumption that any ethical examination of the significance of family ties to health and social care will benefit from a dialogue with the debates about family occuring in these other disciplinary areas, and examine why families matter, how families are recognized, how families negotiate responsibilities, how families can participate in treatment decision making, and how justice operates in families.
What Is a Family Justice System For? (Oñati International Series in Law and Society)
Does a justice system have a welfare function? If so, where does the boundary lie between justice and welfare, and where can the necessary resources and expertise be found? In a time of austerity, medical emergency, and limited public funding, this book explores the role of the family justice system and asks whether it has a function beyond decision-making in dispute resolution. Might a family justice system even help to prevent or minimise conflict as well as resolving dispute when it arises?The book is divided into 4 parts, with contributions from 22 legal scholars working across Europe, Australia, Argentina and Canada.- Part 1 looks at what constitutes a family justice system in different jurisdictions, and how a welfare element is included in the legal framework.- Part 2 looks at those engaged with a family justice system as professionals and users, and explores how far private ordering is encouraged in different countries.- Part 3 looks at new ways of working within a family justice system and raises the question of whether the move towards privatisation derives from the intrinsic value of individual autonomy and acceptance of responsibility in family disputes, or whether it is also a response to the increasing burden on the state of providing a welfare-minded family justice system.- Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany.
What is Enough?: Sufficiency, Justice, and Health
What is a just way of spending public resources for health and health care? Several significant answers to this question are under debate. Public spending could aim to promote greater equality in health, for example, or maximize the health of the population, or provide the worst off with the best possible health. Another approach is to aim for each person to have "enough" so that her health or access to health care does not fall under a critical level. This latter approach is called sufficientarian. Sufficientarian approaches to distributive justice are intuitively appealing, but require further analysis and assessment. What exactly is sufficiency? Why do we need it? What does it imply for the just distribution of health or healthcare? This volume offers fresh perspectives on these critical questions. Philosophers, bioethicists, health policy-makers, and health economists investigate sufficiency and its application to health and health care in fifteen original contributions.
When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony?
The notion of conflict rests at the heart of the judicial function. Judges are routinely asked to resolve disputes and defuse tensions. Yet, when judges are called upon to adjudicate a purported conflict between human rights, they face particular challenges and must address specific questions. Some of these concern the very existence of human rights conflicts. Can human rights really conflict with one another, in terms of mutual incompatibility? Or should human rights be interpreted in harmony with one another? Other questions concern the resolution of real conflicts. To the extent that human rights do conflict, how should these conflicts be resolved? To what extent is balancing desirable? And if it is desirable, which understanding of balancing should judges employ? This book seeks to provide both theoretical and practical answers to these questions. When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? debates both the existence and resolution of human rights conflicts, in the specific context of the case law of the European Court of Human Rights. The contributors put forth principled and pragmatic arguments and propose theoretical as well as practical approaches, whilst firmly embedding their proposals in the case law of the European Court. Doing so, this book provides concrete ways forward in the ongoing debate on conflicts of rights at Europe's human rights court.