This essay has two purposes. The first is to argue that our moral duties towards human embryos should be assessed in light of the Golden Rule by asking the normative question, “how would I want to be treated if I were an embryo?” Some reject the proposition “I was an embryo” on the basis that embryos should not be recognized as persons. This essay replies to five common arguments denying the personhood of human embryos: (1) that early (...) human embryos lack ontological individuation; (2) that they are members of the species Homo sapiens but not yet human persons; (3) that the argument for personhood commits the “heap argument” fallacy; (4) that since human procreation in nature is inefficient, human embryos cannot be persons; and (5) the “burning building” scenario proves that all arguments for personhood are irrational or inconsistent. The second purpose is to set forth and criticize in light of the normative judgement defended in part one the present legal situation of cryo-preserved embryos in the U.S. The essay ends by proposing legislative reforms to protect ex utero human embryos. (shrink)

The article analyses European regulations concerning the health protection at work with nanomaterials in the context of the Christian vision of human work. The increasingly widespread presence of nanotechnology in workplaces requires serious reflection on the adequacy of employers’ measures to protect workers’ health from the risks in the workplace. The lack of clear guidance in European legislation directly concerning work with nanoparticles is problematic. Moreover, the health consequences for workers using nanomaterials in the work process are not fully (...) explored in science. It is therefore essential to consider what values should accompany employers in shaping working conditions and what values should be legislated when creating occupational health and safety law. First of all, how should the employers deal with the unknown? Should they abandon nanomaterials for which they do not have adequate information at all until the consequences for workers’ health have been established? Should such action be limited to situations where studies indicate the toxicity of the nanomaterials present in the working environment? In this context, the article analyses values and objectives indicated by the teaching of the Catholic Church. The publication presents a Christian vision on the protection of workers’ health and their place in the work process. Europe has been under the influence of Christianity for many centuries now. The Catholic Church’s view of human labour continues to be present in public debates in Europe. The Christian view of human labour is focused on the working man and his dignity. Irrespective of other concepts of labour, Christianity assumes the priority of a human being over capital. The Catholic Church analyses the working man as going beyond the Earthly context, which is not typical for such doctrines as liberalism or Marxism. The author’s article is an attempt in answering the question about how up to date the Catholic Church’s views on human labour are in the light of nanotechnology development in the workplace. (shrink)

The Tennessee Supreme Court's decision in Davis v. Davis, a case that raises the question of how to allocate frozen embryos in the event of divorce, addresses many of the legal issues posed by in vitro fertilization. The decision considers the interests of the progenitors as well as of the children who may result. For example, the court held that gamete providers' discretion regarding the disposition of embryos can be limited only when their decisions would harm the (...) children who might be born. The court also made clear that efforts to seek genetic parenthood are protected only when accompanied by a desire to raise the resulting children, a conclusion that also affects other reproductive technologies. In addition to elaborating an analytic framework, the court set guidelines for resolving disputes when the couples had made no prior agreements, including holding that while the embryos are ex-utero the desire to avoid genetic parenthood almost always trumps the wish to become a parent. The well-reasoned analysis in Davis v. Davis should help shape legal and ethical discussion regarding the use of in vitro fertilization for many years to come. (shrink)

In contrast to embryo donation, the permissibility of 2PN cell donation is highly controversial in Germany. This article is based on there being a legal loophole with respect to 2PN cell donation, which results from an inconsistency within the Embryo Protection Act on the normative status of 2PN cells. Following that thesis, the article argues that, on the basis of the normative criterion totipotency (i.e. the capacity to develop into a born human being), 2PN cells should also be (...) considered human embryos within the meaning of the Act and thereby be protected by that Act in the same way as embryos. However, the normative assumption that 2PN cells should already be endowed with human dignity and the right to life has absurd consequences. Moreover, the consistent continuation of the Embryo Protection Act, as well as of the underlying ethical position or argumentation (i.e. the potentiality argument), leads to the even more absurd consequence of having to place every human somatic cell under the protection of human dignity and the right to life. As totipotency or the developmental potential therefore cannot delimit entities considered worthy of protection (i.e. human embryos) from entities considered not worthy of protection (i.e. 2PN cells, gametes, hESC, hiPSC and human somatic cells), it is not a suitable normative criterion. As a paradigmatic case, 2PN cell donation demonstrates that by retaining this normative criterion the now obsolete German Embryo Protection (Act) ultimately undermines itself. (shrink)

While many European countries are entering unknown legal terrain where the embryo in vitro is concerned, France can already look back on a long tradition of public discussion and legal codification of ways of dealing with in vitro embryos. In its comprehensive law of 1994, France had still rejected embryo research; however, due to the promising perspectives of stem cell research, the new law now pending implies a clear liberalization of the 1994 provisions. Both the French lawmakers (...) and the National Ethics Commission have repeatedly argued that possible utilization of embryos for research purposes may seem legitimate from the moment that there is no more "parental project." De facto, this concept implies that an embryo can be transformed into an object from the moment that the parents cease to desire it and that the value of protection is solely dependent on the will of third persons. At the same time, France is still speaking of guaranteeing respect for the "dignity of the embryo," which would mean that an embryo must not be reduced to a thing and treated for purposes which are not his own. Therefore, the French solution is not a consistent and honest solution, and in its new legal provisions, France has involved herself in manifold contradictions. France has rejected the conception of pre-embryo, but is de facto following Britain's model without making it explicit. (shrink)

Biobanking of human tissues is associated with a range of ethical, legal, and social (ELS) challenges. These include difficulties in operationalising informed consent protocols, protecting donors’ privacy, managing the return of incidental findings, conceptualising ownership of tissues, and benefit sharing. Though largely unresolved, these challenges are well documented and debated in academic literature. One common response to the ELS challenges of biobanks is a call for strong and independent governance of biobanks. Theorists who argue along these lines suggest that (...) since fully informed consent to a single research project is often not feasible, research participants should be given the additional protection of being allowed to consent to the governance framework of the biobank. Such governance therefore needs to be transparent and ethically sustainable. In this paper we review the governance challenges of establishing and maintaining human tissue biobanks. We then discuss how the creation of a biobank for eggs and embryos, in particular, may introduce additional or unique challenges beyond those presented by the biobanking of other human tissues. Following previous work on biobank governance, we argue that ethically sustainable governance needs to be participatory, adaptive, and trustworthy. (shrink)

Innovative techniques of developmental biology facilitate the artificial creation of embryo-like entities. This contribution analyses, first, whether certain artificially created embryo-like entities are ‘embryos’ within the meaning of existing statutory law definitions laid down in the Embryo Protection Act, the Stem Cell Act and the Patent Act. These definitions are non-uniform and their interpretation and application with regard to artificially created embryo-like entities is not always conclusive. Accordingly, the legal definitions of the term ‘embryo’ should be harmonised (...) and, thereby, adapted to the state of developmental biology. Any such legislative efforts need to be in conformity with the constitution, primarily with the guarantee of human dignity (Article 1(1) of the Basic Law). However, said provision cannot provide guidance to the legislature because the constitutional status of both embryos and embryo-like entities in vitro is highly disputed. It is held that this irresolvable debate is due to a fundamental lack of a widely shared experience that such entities possess a supreme unique value. This article argues that in such a situation it is, in the first instance, for the legislature (i. e. parliament) to determine the legal status of embryos and embryo-like entities in vitro. This argument is based on a particular doctrinal approach according to which the individual right to respect of one’s human dignity arising from Article 1(1) BL depends on recognition of the relevant entity as being a ‘human’ or a member of ‘humankind’ respectively. Such recognition has, hitherto, not been accomplished with a view to embryos and embryo-like entities in vitro. Against this backdrop, for the time being, the legislature may determine the legal status of embryos and embryo-like entities in vitro, lay down rules regarding their creation and particular use, and, especially, define the legal term ‘embryo’, albeit within some outer constitutional limits. The article, finally, analyses several elements of, and submits a proposal for, a new legal definition of the term ‘embryo’. (shrink)

The legal protection of well-known trademarks is an exception to the fundamental principles of trademark law, i.e. territorality, registration and „speciality“. The well-known trademark is protected even if it had not been registered according to the national legal regulation of that state, in which protection is sought. The well-known trademark can also be protected even in respect to the goods and (or) services which are not similar to those for which the well-known trademark is used or (...) registered (in case the trademark is registered). (shrink)

The guarantee of human dignity (article 1 paragraph 1 German Basic Law) requires the protection of the embryo’s identity and – in accordance with further requirements of article 2 paragraph 2 sentence 1 German Basic Law – the protection of its physical integrity. Every human being has, even in his earliest, prenatal stage of development, an unconditional right to be and remain a human being, derived from his dignity. In order to protect his right to species-specific development, the (...) embryo must also be protected from any dehumanization. This categorically excludes any mixing of its genetic material with animal genetic material. The self-purpose of the human being, already embedded in the embryo, makes it impossible to create it artificially for any other reason than to induce a pregnancy. It cannot simply be attributed by a third party to another purpose with a normative effect that negates its self-serving-functionality. If the human development potential of the embryo is reduced or destroyed by manipulation, this constitutes an impairment of its right to life (article 2 paragraph 2 sentence 1 1st alternative of the Basic Law), which can be justified neither by research interests nor by therapeutic long-term goals and which must be prohibited by the state in fulfillment of its duty to protect. In addition, the state must create a normative environment conducive to the developmental potential of the embryo. All human embryos, regardless of how they were created, are human beings who have a right to be given the legally secured chance to be born. To this end, embryo donation and surrogate motherhood, for example, must be legally permitted. All manipulative interventions from the outside into the fertilized human egg cell from the time of the nuclear fusion on, which do not already destroy life or development chances, are to be measured against the basic right of physical integrity (article 2 paragraph 2 sentence 1 2nd alternative of the Basic Law). Only life-supporting interventions or interventions beneficial to the health of the embryo are eligible for consent, and even these only to the extent that risks associated with them can be justified. (shrink)

The issue of whistleblower protection has been gaining more attention in recent years, especially after the passing of Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019 on the protection of persons who report breaches of Union law. However, there is a fundamental question as to whether the regulations are sufficient to provide real protection for whistleblowers in organizations. In this regard, it seems crucial that the various actors (legislators, managers, employees) (...) work together to create an appropriate social environment. In this context, it is worth considering the use of knowledge of human decision-making processes, with particular emphasis on the possibility of modifying choice architecture and influencing decisions without imposing specific solutions. Nudging can be used in the “foreground” of legal regulation, by adjusting the social environment in such a way that legal regulation can work effectively. The paper provides an introduction to the application of nudge theory in the context of legal protection of whistleblowers. (shrink)

The review system on research with human participants in the Netherlands is characterised as a decentralised controlled and integrated peer review system. It consists of an independent governmental body, the Central Committee on Research Involving Human Subjects (or Central Committee), which regulates the review of research proposals by accredited Medical Research Ethics Committees (MRECs). The legal basis was founded in 1999 with the Medical Research Involving Human Subjects Act. The review system is a decentralised arrangement since most research proposal (...) are reviewed by the 30 accredited MRECs in the country. It is a controlled system in which the Central Committee is responsible for the accreditation and oversight of the MRECs and can make legally binding directives for these committees. The assessment of research proposals is an integrated peer review process in which all documents of the research file are reviewed by experts in one committee only. A small number of research proposals are assessed by the Central Committee and not by accredited MRECs. These proposals are on specific research categories such as gene therapy, cell therapy and embryo research. The review of research with surplus human embryos is regulated separately in the Embryos Act. The Central Committee provides support to the accredited MRECs and to researchers and sponsors. It is currently developing an internet portal to reduce the bureaucracy and make the review process more efficient and transparent. The Central Committee stimulates confidence on medical research in society by providing a public trial registry with core data on reviewed research proposals. (shrink)

This report presents the current state of research in the debate on embryo protection. On the basis of scientific findings on species membership and the capacity of human embryos to develop properly, the report examines the extent to which these empirical facts influence the debate on the legal status of the human embryo. At the end of the article, the authors present the options for the further discussion with regard to the German Embryo Protection Act.

The following statement is the formal opinion by the Swedish National Council on Medical Ethics concerning the implementation of Directive 98/44/EC of the European Parliament concerning legal protection of biotechnical inventions, and the implications and implementation of this Directive in Sweden.

Whether or not intellectual property rights ought, as a matter of political morality, to be protected by the law surely depends on what kinds of interests the various parties have in intellectual content. Although theorists disagree on the limits of morally legitimate lawmaking authority, this much seems obvious: the coercive power of the law should be employed only to protect interests that rise to a certain level of moral importance. We have such a significant interest in not being lied to, (...) for example, that ordinary unilateral lies are morally wrong, but the wrongness of lying does not rise to the level of something the state should protect against by coercive criminal prohibition. Indeed, it would clearly be wrong for the law to coercively restrict behaviors in which no one has any morally significant interests whatsoever. Using the coercive power of the law to restrict freedom is not justified unless the moral benefits of restricting the behavior outweigh the moral costs involved in using force to restrict human autonomy and freedom. (shrink)

Considering that culture is the product of creative and human processes, it is believed that intellectual property is a legal tool that allows for its protection given that it helps conserve, safeguard and preserve its tangible and/or intangible assets. In the case of digital heritage, which is made up of digital elements that should be preserved due to their cultural value, some challenges have arisen regarding their legal protection. One of these challenges is the lack of (...) clarity about how the elements that comprise it should be protected, giving rise to doubts about how intellectual property should help solve this conflict. This article presents the discussion regarding the protection of digital heritage in Colombia, how copyright is becoming an instrument that contributes to its legal protection, and the challenges to further develop it in the country. (shrink)

Human rights stem from community values; therefore, even today they may develop only on the basis of the values of a particular community. When the interests of a society change, new threats to the same value originate. A constant scientific dialogue is necessary in order to neutralise these threats effectively. The current socio-cultural context reveals the problems related to the legal protection of human dignity through a contraposition of instrumental and teleological attitude towards the human dignity. The article (...) discusses ideological provisions theological ideas of Judaism, Christianity, natural rights, especially the provisions of the Stoa, and the concept of I. Kant which became the grounds for declaring every person to be equally respectable and for recognising every person as a subject of law. This enabled people to create individual social value under the conditions of dignified existence. The author also discusses the extent to which the ideological excursus allows filling in the gaps of legal protection and serving the present universal consent on the common value human dignity. (shrink)

Book reviewed in this article: Life Before Birth: The Moral and Legal Status of Embryos and Fetuses. By Bonnie Steinbock.

The philosophy of medicine cum bioethics has become the socially recognized source for moral and epistemic direction in health-care decision-making. Over the last three decades, this field has been accepted politically as an authorized source of guidance for policy and law. The field's political actors have included the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, the Department of Health, Education, and Welfare, the President's Commission for the Study of Ethical Problems in Medicine and (...) Biomedical and Behavioral Research , the National Bioethics Advisory Commission, and the new Council on Bioethics; these groups and agencies have set forth rules on issues ranging from the role of humans in biomedical research to the production of human embryos for research, the definition of death, and the permissibility of human cloning. The members of the field are not just scholars and teachers in an academic realm directed to both theoretical and applied issues. They are, in addition, practitioners of a conceptual and moral trade that possesses a legal and political standing. This essay critically addresses the sudden emergence of bioethics as a societally recognized source of moral guidance, a source replete with authorized moral experts. Attention is directed to moral and conceptual assumptions that have led the philosophy of medicine, and especially bioethics, to acquire a quasi-juridical/political role in guiding clinical choices, framing health-care policy, and directing court holdings. (shrink)

Gender identity is ill-suited as a basis for non-discrimination protections, as proposed in the 2019 Equality Act. Biological sex provides a clearer and better means to the same laudable end.

According to the German Embryo Protection Act, PGD has been banned in Germany since 1990; one reason is the legislature’s avoiding to insert a revision clause regarding medical advance into the law. The ruling of the German Federal Court of Justice of July 2010 shows the problems resulting out of this approach and declares PGD to be permitted in certain cases. The article discusses the necessity for, as well as the problems of, an interdisciplinary dialogue in the field of (...) reproductive medicine. (shrink)

The article aims to analyze the legal norms that regulate the protection of the property right in the legal system of the Republic of Macedonia. In most cases, the protection of property right is realized through suits; however, our legal system provides for the possibility that the protection of property right can also be realized through the registration of immovable property rights in the respective Public Registries. Given the fact that in the Republic of (...) North Macedonia the normative regulation of property suits is not contained in a single normative act, but rather extends to several such acts, the article, based on the practice of the high courts, seeks to analyze the legal cases related to property rights that qualify as rights similar to property rights, but which enjoy legal protection provided by law. The article will mainly elaborate on the basic provisions on property protection suits contained in the Law on Ownership and other Real Rights (2001). However, in this context, the provisions on property protection that are contained in the Law on Real Estate Cadastre (2008), the Law on Contentious Procedure (2005), the Law on Securing of Claims (2007), the Law on Construction Land (2008), etc., will also be taken into consideration. (shrink)

Switzerland has very detailed laws regulating the use of animals in agriculture, entertainment and science. There are also many Swiss laws governing the genetic modification of animals, protecting human embryos, and criminalising the creation of human/animal chimeras or hybrids. Despite all these regulations, the creation of an animal embryo that will develop a human organ using induced pluripotent stem cells and the subsequent birth of the resulting chimera would actually be permitted by current legislation. While this might appear to (...) be an unhappy accident due to insufficient scientific foresight, I argue here that this loophole should not be closed, as the creation of human organs inside animals will probably be possible within 10 years, and Swiss laws would currently enable the use of this process to save human lives through this allogenic or autologous organ source. (shrink)

This book considers the efficacy of the common regulatory model of the licensing regime as a means of regulating animal use in England, with a particular focus on wild animals and the regime’s ability to ensure animal welfare needs are met. Using information gleaned from over 550 inspection reports relating to the period 2008 through 2019, obtained using FOI Act requests, the book analyses the extent to which animals used by these industries are protected by law. Tyson analyses the limitations (...) present in the practical application of English legislation responsible for creating a number of relevant licensing regimes.The regimes discussed include: The Zoo Licensing Act 1981, the now repealed Welfare of Wild Animals in Travelling Circuses Regulations 2012, and the Animal Welfare Regulations 2018, introduced under the Animal Welfare Act 2006. Exploring the weakness in the use of this type of regulatory model, Tyson proposes compelling recommendations for change in future policy development. Making an important contribution to the question of enforcement of animal welfare laws, this book provides useful and original insights into the implementation of licensing regimes, and will be of particular interest to scholars of animal welfare law, animal ethics, and critical animal studies. (shrink)

As rational adults, we are free to elect what is (or is not) done to our bodies. However, this strong freedom does not extend to the borders of life. Control over the uses of our biological material is constrained and uncertain at law. Our article examines the legal condition of embryos and organs: how law conceptualises them and regulates their uses.

The deteriorating situation of migrant workers’ health rights protection was once again highlighted in the case of Tseng Hei-tao. This case explicitly and implicitly showed that four conundrums—the Employment Restriction Conundrum, the Occupational Safety and Health (OSH) Legal Conundrum, the Morality Conundrum and the Identity Conundrum—are barriers to migrant workers’ right protection. The health rights of migrant workers could be safeguarded by abolishing the outdated household registration system designed in the planned economy era, improving the rule of (...) law, and strengthening administrative supervisions. This would fundamentally remove these barriers and thus contribute to migrant workers’ health rights protection. (shrink)

In-vitro fertilization is becoming a pressing issue in contemporary societies. The article considers it starting form the Polish debate but takes up its broader anthropological an ethical aspects. Dealing with the latter, it also employs some acute remarks from Dignitas Personae. Finally it considers an approach to in vitro against the background of European Convention on Bioethics. In its conclusion the paper offers a balanced pro-life stance, albeit critical of in vitro.

This paper reviews moral and cultural assessments which led to the definition of brain death and calls for a similar normative consensus regarding the moral recognition and legal protection of embryonal life related to criteria of brain life. This paper differentiates between cortical brain life I, i.e., the first existence of post-mitotic stationary neurons forming the early cortical plate (54th day post conception), and cortical brain life II, i.e., the beginning of cortical neuro-neuronal synapses (after the 70th day (...) p.c.). The latter are preconditional for establishing the communicative network within the cortex and with subcortical structures. The paper conservatively calls for a tentative moral consensus that could recognize brain life I, i.e., the 54th day p.c., as a stage prior to which embryo research generally would be acceptable in accordance with principles similar to those which led to the acceptance of brain death. Other developmental stages such as fertilization, nidation, viability, as well as the ‘potentiality’ principle are less significant for the moral recognition of early human life. Keywords: brain death, brain life, embryo research, embryonal tissue CiteULike Connotea Del.icio.us What's this? (shrink)

After the full-scale invasion of the Russian Federation into Ukraine, the flow of forced migration from Ukraine has significantly increased as people tried to protect their lives and find a safe place to live. Given that Ukraine shares the external border with the European Union, most people sought protection precisely in the Member States of the European Union. The study aims to analyze the features of the legal regulation of the provision of temporary protection in the European (...) Union and determine the reasons and conditions that led to its activation after the full-scale invasion of the Russian Federation into Ukraine on February 24, 2022. The leading method of the research was the method of systematic analysis, which helped define temporary protection as a multifaceted phenomenon and determine the reasons and conditions that led to its activation in the European Union after the full-scale invasion of the Russian Federation into Ukraine on February 24, 2022. In order to regulate the mass influx of Ukrainian displaced persons, the European Union has activated the mechanisms of temporary protection, which is an emergency mechanism introduced by a decision of the Council of the European Union. The status of a person with temporary protection provides certain rights analyzed in the article. Thus, the activation by the European Union of the Temporary Protection Directive is a justified and appropriate measure to protect the mass influx of displaced persons from Ukraine. (shrink)

The paper examines the connection between online security and the protection of civil rights from a legal viewpoint, that is, considering the different types of rights and interests that are at stake in national and international law and whether, and to what extent, they concern matters of balancing. Over the past years, the purpose of several laws, and legislative drafts such as ACTA, has been to impose “zero-sum games”. In light of current statutes, such as HADOPI in France, (...) or Digital Economy Act in UK, the paper intends to illustrate how more satisfactory solutions are feasible in the field of online security, such as the new “Police and Criminal Justice Data Protection Directive” that the European Commission presented in January 2012. At least in Western legal systems, it should be clear that either civil rights prevail over security (no balancing), or such balance has to satisfactorily protect individual rights (proportionality). (shrink)

This paper describes intellectual property legislation in the European Union, the US and the Draft Treaty on the legal protection of unoriginal databases, usually available in the Internet. I argue that this type of legislation, if enforced upon developing countries and countries in transition through international ‘agreements’, could in effect deprive them of their own information commons, their own public domain. With examples from China, India, Africa and Iceland, I argue that this deprivation in the case of developing (...) countries is, morally, equal to a virtual war against them by the West, wholly unjustified and dangerous-an example of virtual imperialism. (shrink)

The development in 1996 of a new generation of antiretroviral drugs was a major pharmaceutical advancement in the struggle against the epidemics of HIV and AIDS. However, due to high costs, access to these new drugs was almost impossible for most people living with HIV or AIDS. This situatiowhas been even more dramatic for those living with HIV/AIDS in poorer countries. Many of the organizations that are fighting for the rights of those with HIV have since developed human rights advocacy (...) and legal strategies to try to achieve universal access to treatment. These organizations are also fighting for states’ compliance with human rights obligations under health-related treatises and conventions. This paper draws upon the experience gained in Latin America, focusing on the legal strategies that have been explored in Venezuela and the legal consequences for domestic law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Aquinas on the Beginning and End of Human Life by Fabrizio AmeriniJohn LanganReview: Fabrizio Amerini, Aquinas on the Beginning and End of Human Life, trans. Mark Henninger, Harvard University Press, 2013The ongoing and apparently interminable debate over the moral and legal status of abortion has come over the years to resemble the Western front in World War I, with two contending armies facing each other with limited (...) maneuvering room, familiar and overused weapons, periodic artillery barrages, increasing casualties, not much new to report, and a deadly ‘no man’s land’ between them in which virtually nothing survives. Against the gloomy monotony of the abortion wars, in which reductivist accounts of the opponents’ views and repetitious restatements of familiar and cherished views predominate, this book by Fabrizio Amerini, a professor of philosophy at the University of Parma, appears as a refreshing surprise. It is surprising for a number of reasons, which I shall present later. But its refreshing character comes primarily from its moderate tone and the care with which its arguments are presented. Amerini is clearly familiar with the Catholic tradition on abortion and euthanasia; he is respectful of this tradition, which he does not directly challenge, but his sense of scholarly integrity prevents him from simply presenting Aquinas as a defender and synthesizer of all the positions championed in that tradition or by its papal custodians. He has an impressive command of the relevant texts in Aquinas and the Fathers of the Church, which he joins with a scrupulous style of [End Page E-103] philosophical argument which has an affinity with the clarifying labors of G. E. Moore in the early days of analytic moral philosophy. The result is not easy reading, but the reader can be confident that the desire to score rhetorical points and political victories will not distort the philosophical and historical analysis. The book is intended primarily for those who can benefit from careful scholarship, but it should be instructive for all who regard the questions of abortion and euthanasia as genuinely difficult and as deserving our best intellectual efforts.The most important surprise is Amerini’s focus on the issue of delayed versus immediate hominization in the development from embryo to complete human being. Since Pius IX in 1867, the Vatican has insisted that from the moment of conception the embryo becomes a human person whose life is sacred and deserves full protection. This view is ordinarily discussed as ‘immediate hominization’. In Amerini’s view, the embryo lacks the development and differentiation of organs which would enable it to have a sustainable potentiality to perform the acts which are proper to a human person, particularly reasoning and choosing. In the Vatican’s view, the soul is immediately infused by God, though it obviously requires many years of development before it is able to function as a complete and distinct human person. Amerini regards this position as untenable within Aquinas’s metaphysical system and finds in Aquinas’s own texts evidence that he teaches a discontinuous process in fetal life. Amerini regards the insistence on immediate hominization as an arbitrary effort to maintain an absolute uniformity of moral status in all the stages of embryonic and fetal life. He sees the Vatican’s position as leading to an equation of abortion and homicide which he regards as unjustified. He does, however, affirm that there is an identity of subject running from the embryo to the developed person and also that this grounds an ethic of respect for life in all of its stages. The practical conclusions in bioethics he would draw from this position “could allow space for a judicious and discriminating ethical evaluation of individual cases,” as he puts the matter in the concluding sentence of the book.Other surprises are the author’s discovering from a careful reading of Aquinas’s texts that he taught a progressive plurality of substantial forms in the development of the embryo. For Aquinas, it is the substantial form which answers the question about what sort of being the object of our inquiry is. In the case of human persons, the substantial form is the soul, which includes the intellectual properties of... (shrink)

This volume reflects on questions of human rights in the context of globalization. The essays responding to this subject are rich and varied: they focus on legal acceptance as well as consequences of human rights with regard to social rights and the necessary protection of the environment connected or close to those rights. Another approach to the subject featured in the volume is the legal recognition and the consideration of human rights as moral rights. With concepts on (...) universality, a new cosmopolitism, cultural pluralism and perspectives on religious variants and technological advances the debate on human rights is concluded. Index / Indice I. The Foundation of Rights / El fundamento de los derechos: J. Rubio Carracedo: El legalismo occidental: un problema para la universalizacion de los derechos humanos J. A. Seoane: El caracter juridico de las leyes injustas M. Borowski: Classifying and qualifying properties of fundamental rights J. von Platz: Faith in reason: questioning practical reason as fact, norm, end, and function of human rights R. Cruft: Policy implications of the philosophical foundations of human rights Maria Gabriela Scataglini: Derechos humanos: otra mirada sobre la cuestion de su universalidad II. A New Cosmopolitism / Un nuevo cosmopolitismo: V. de P. Barreto: Derecho cosmopolita y derechos humanos Luis Fernando Barzotto: Reconocimiento y fraternidad A. R. Bernstein: Justifying universal human rights via Rawlsian public reason H. Khatchadourian: Democracy and the globalization of human rights Milagros Otero Parga: Derechos humanos y globalizacion Halim Bepari: Human rights and the United Nations Miracy B. S. Gustin: Rescate de los derechos humanos en situaciones adversas de paises perifericos III. Multiculturism and Pluralism of Values /Multiculturalidad y pluralismo de valores: M. Herrero / M. Saralegui: Dogmatismo politico y pluralismo religioso Berry Tholen: Migration, justice, and Europe's identity. The relevance of special ties for EU's migration policy C. M. Alvarez Chicano: Implicaciones de la inconmensurabilidad de los valores en la aplicacion de principios de orden etico y juridico L. Perez Conejo: Axiologia juridica y pluralismo de valores: algunas consideraciones sobre la nocion de 'inconmensurabilidad' S-I. Liu: Fundamental legal values and globalization with regard to historical experience in freedom of speech L. C. Amezua: Libertad natural y esclavitud voluntaria: reflexiones de F. Suarez sobre la esclavitud IV. Rights and Gender / Derechos y genero: J.M. Gil Ruiz: La violencia de genero en el contexto familiar y la agresion de la ciencia juridica A. Goiriena Lekue: El interes superior del/la nino/a, coparentalidad y neutralidad de genero en la atribucion de la guarda y custodia de los hijos e hijas P. Garcia Guevara: Las politicas de genero en los paises globalizados del 'Tercer Mundo' V. Technological Impact and New Generation Rights / Impacto tecnologico y nuevas generaciones de derechos: M. Ahteensuu: Understanding the precautionary principle in the light of the traditional weak-strong distinction: a critical comment Cristina Monero Atienza: Bases para una teoria de los derechos en el siglo XXI M. Kitahara: Personal data processing and business ethics: personal data processing and personal data protection in business A. D. Oliver Lalana: El lado empirico de la legitimidad comunicativa: sobre la publicidad organizativa del derecho de proteccion de datos en internet J. Ebbesson / M. Zamboni: Transbordering democracy? The case of environment protection Sagrario Moles Nieto: El impacto medioambiental de los cultivos transgenicos VI. Bioethics and Law / Bioetica y derecho: M. Cruz Diaz de Teran: Principios para una biojuridica global C. Faralli / S. Tugnoli: Bioethics between law and science: the Italian law on medically assisted procreation (Law No. 40, February 19, 2004) N. Zeegers: The working of power in communicative regulation: the case of research with human embryos J. A. Fernandez Suarez: La bioetica en la era de la globalizacion F. J. Blazqez Ruiz: Privacidad y discriminacion genetica: propuestas bioeticas y juridicas ante los desafios de un mundo globalizado. (shrink)

This article investigates relationships between countries' legal traditions and their quality of life as measured by a number of widely reported social indicators; in so doing it also offers a critique of a highly influential body of work which is widely cited in the literatures of corporate governance, economics and finance. That body of work has shown, inter alia, statistically significant relationships between legal traditions and various proxies for investor protection. We show statistically significant relationships between (...) class='Hi'>legal traditions and various proxies for societal health. Our comparative evidence suggests that the interests of investors are not congruent with the interests of wider society, and that the criteria for judging the effectiveness of approaches to corporate governance should be broadened. (shrink)

Under Chinese law, the juridical status of the embryo and the foetus is unclear, mainly because the existing legislation can be subject to diverse interpretations due to its ambiguous language. Lack of clarity with the law has led to different understandings amongst Chinese legal scholars. However, although there has been no consensus, there has been a clear tendency to deprive embryos and foetuses of legal status or personhood, thereby excluding them from entitlement to fundamental rights, an understanding (...) reinforced by the Confucian view of the beginning of life. It is expected that in the near future the Chinese courts will face issues involving embryos and foetuses more often, such as disputes over in vitro embryos. The lack of legal precedent could result in contradictory resolutions, therefore, the law should clarify the legal status of embryos and foetuses and accord to prenatal life special respect and treatment. (shrink)

Open science has recently gained traction as establishment institutions have come on-side and thrown their weight behind the movement and initiatives aimed at creation of information commons. At the same time, the movement's traditional insistence on unrestricted dissemination and reuse of all information of scientific value has been challenged by the movement to strengthen protection of personal data. This article assesses tensions between open science and data protection, with a focus on the GDPR.

This article outlines current safe harbors in the law for healthcare practitioners who work in a disaster setting. It reviews available legal protection in crisis situations with respect to the Emergency Medical Treatment and Labor Act (EMTALA), criminal liability, and licensure.