Transcendence/religion to immanence/nonreligion in assisted dying

2018 ◽  
Vol 11 (2) ◽  
pp. 129-143 ◽  
Author(s):  
Lori G. Beaman ◽  
Cory Steele
Keyword(s):  
Discourse Analysis ◽  
Supreme Court ◽  
Design Methodology ◽  
Supreme Court Of Canada ◽  
Assisted Dying ◽  
Social Phenomenon ◽  
Content Type ◽  
The Supreme Court ◽  
The Way

Purpose The purpose of this paper is to draw attention to the ways in which the Supreme Court of Canada has shifted away from transcendent/religious to nonreligious conceptualizations of assisted dying. Design/methodology/approach A discourse analysis of a Supreme Court of Canada case on assisted dying and the facta of the 26 associated interveners. Findings The research points to a shift away from religious to nonreligious understandings in the way the Court conceptualizes suffering, pain, illness and assisted dying. Originality/value This paper contributes to the understanding of nonreligion as a social phenomenon.

scholarly journals A Choice among Values: Theoretical and Historical Perspectives on the Defence of Necessity

1969 ◽  
pp. 848 ◽  
Author(s):  
Benjamin L. Berger
Keyword(s):  
Supreme Court ◽  
Supreme Court Of Canada ◽  
Historical Perspectives ◽  
Theoretical Approaches ◽  
A Value ◽  
Canadian Law ◽  
The Supreme Court ◽  
History Of ◽  
The Law ◽  
The Way

The author explores various theoretical approaches to the defence of necessity, rejecting both excusatory conceptions of the defence and those based on the notion of moral involuntariness. Rather, the author argues that necessity is properly understood as a justificatory defence based on a lack of moral blameworthiness. After extensively surveying the history of the defence in Canadian law, the author critiques the way in which the Supreme Court of Canada has restricted the defence. He contrasts the current Canadian approach with the treatment of the defence in other jurisdictions and concludes that Canadian law would be served best by a robust defence of necessity, which would acknowledge that, in some circumstances, pursuit of a value of greater worth than the value of adherence to the law can be justified.

The Right to Assisted Dying: Constitutional Jurisprudence and Its Impact in Canada, Germany and Austria

ICL Journal ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Kerstin Braun
Keyword(s):  
Supreme Court ◽  
Supreme Court Decision ◽  
Constitutional Court ◽  
Supreme Court Of Canada ◽  
Assisted Dying ◽  
Constitutional Courts ◽  
The Supreme Court ◽  
Federal Constitutional ◽  
The Right ◽  
Constitutional Jurisprudence

Abstract Many states are grappling with the regulation of assistance in suicide and ending the life of another upon their request. Initially punishable in most countries, a growing number of jurisdictions have now introduced permissive frameworks decriminalising, to varying degrees, rendering assistance in dying. Other countries, however, have proceeded with the criminal prohibition and several courts have upheld the lawfulness of the respective criminal laws during human rights and constitutional challenges. Yet, the Supreme Court of Canada in 2015, the German Federal Constitutional Court in February 2020 and the Austrian Constitutional Court in December 2020 have respectively declared unconstitutional and void national criminal laws prohibiting rendering assistance in dying. This article first outlines the criminal law framework relating to assisted dying in Canada, Germany and Austria. It subsequently analyses the judgments before pondering their impact on the legal landscape in the three countries. The article concludes that while the Canadian Supreme Court decision appears to have had a significant impact on the introduction of subsequent legislation in Canada, the effects of the Constitutional Courts’ judgments seem much more subdued in Germany and are yet to unfold in Austria.

Advertising on till receipts in socialist Czechoslovakia: language, argumentation and ideology

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ondřej Dufek
Keyword(s):  
Content Analysis ◽  
Discourse Analysis ◽  
Design Methodology ◽  
Product Type ◽  
Content Type ◽  
The 1950S ◽  
The Way

Purpose This paper aims to provide a description of the language of advertising in socialist Czechoslovakia (1948-1989) and to offer an understanding of its nature. It focuses on significant linguistic characteristics of the discourse and on the means of argumentation and persuasion. Design/methodology/approach Linguistic investigation of the grammar and pragmatics of language used and content analysis studying the lexical level of ads while also considering the broader context in the way of discourse analysis. Findings The paper shows that statements are the most frequent utterance type across all the decades and appeals, which one could associate with a direct and strong addressee orientation (and, perhaps, authoritarian system, too), are only present marginally. Concerning what is advertised, the promotion of manufacturer/seller is frequent compared to specific products. A category of product type was relatively important, especially in the 1950s and 1960s. Unlike capitalist advertising, socialist promotion shows also instances of socio-educational and state-political promotion. Originality/value As no such study was conducted so far, this paper shows that Czechoslovak socialist advertising constructed an imagination that was very much dependent on consumerism just like advertising in Western capitalist countries, and at the same time, it was reflecting specific socio-political circumstances.

Intergovernmental Relations‘ Third Wheel: The Role of the Supreme Court in an Era of Collaborative Federalism

Federalism-E ◽  
2009 ◽  
Vol 10 (1) ◽  
pp. 1-15
Author(s):  
Allison O‘Beirne
Keyword(s):  
Supreme Court ◽  
Intergovernmental Relations ◽  
Supreme Court Of Canada ◽  
Division Of Powers ◽  
The Supreme Court ◽  
The Way

The Supreme Court of Canada has an absolutely undeniable role in intergovernmental relations. As the country‘s only constitutionally entrenched body charged with the resolution of division-of-powers disputes, its decisions and rulings are always certain to influence the way in which governments interact with each other. Recently, however, the Supreme Court has come to be less highly regarded as a method of resolving the disputes that arise between governments [...]

scholarly journals L'affaire des « champignons magiques »

2005 ◽  
Vol 24 (2) ◽  
pp. 427-438
Author(s):  
Antoine Manganas
Keyword(s):  
Supreme Court ◽  
Chemical Substance ◽  
Supreme Court Of Canada ◽  
Strict Interpretation ◽  
The Supreme Court ◽  
Lower Courts ◽  
The Moment ◽  
Drug Traffic ◽  
The Way

Following a number of acquittals based on a strict interpretation of the terms of the Food and Drugs Act, the Supreme Court of Canada recently had to determine, in Dunn, if a mushroom containing « psilocybin » was a restricted drug despite the fact that the legislation was referring only to the chemical substance and not to the plant itself The Supreme Court found that the text was clear and that the fact that « psilocybin » may be contained within a mushroom does not destroy its character as a restricted drug. Drug traffic must naturally be condemned, but that is not the problem for the moment. The problem is that the Supreme Court of Canada adopted, in Dunn, the rule of the liberal interpretation of a penal statute despite the fact that, not so long ago, it chose a different approach when dealing with a different statute. We are critical of both the way the inferior courts treated the cases before them and the way the legislator treated the problem. We think that it was possible for the lower courts to find the accused guilty of attempting to commit the offense. We think also that it was possible for the legislator to anticipate those situations and take some precautions by deliberately adopting a text capable of embracing these cases.

The “by right” defence in village green registration

2015 ◽  
Vol 7 (2) ◽  
pp. 96-110
Author(s):  
Natalie Pratt
Keyword(s):  
Supreme Court ◽  
Design Methodology ◽  
Current Problem ◽  
Property Law ◽  
Content Type ◽  
The Past ◽  
The Supreme Court ◽  
The Law ◽  
Conceptual Underpinning

Purpose – This paper aims to examine the recent jurisprudence of the Supreme Court concerning the registration of land as a town or village green (TVG). This area of law has proved contentious over the past decade and shows no sign of relenting. Most recently, in April 2014, the Supreme Court was asked to determine whether use that is pursuant to a statutory right could be qualifying use for the purposes of village green registration, which requires 20 years use “as of right”. Design/methodology/approach – The paper starts by summarising the law relating to the registration of land as a TVG and identifies the current problem that the courts are grappling with, namely the “by right” defence. After analysing the two leading authorities in relation to this point, the paper makes a judgment on the operation and conceptual underpinning of the “by right” defence. Findings – The paper concludes that the “by right” defence in the context of village green registration is a functioning concept that prevents the registration of land as a town and village green whenever the use relied upon is indulged in pursuant to a statutory right. Furthermore, the defence should also be construed with the pre-existing test for use “as of right” rather than being recognised as an additional limb to this test. Originality/value – The value of this paper is that it seeks to clarify an area of planning and property law that is fraught with conceptual uncertainty, and seeks to re-align the law of town and village greens with its prescriptive underpinnings.

US Supreme Court clarifies liability standard under Section 11 of the Securities Act of 1933 for statements of opinion in registration statements

2015 ◽  
Vol 16 (3) ◽  
pp. 37-42
Author(s):  
Richard Parrino ◽  
Douglas Schwab ◽  
David Wertheimer
Keyword(s):  
Supreme Court ◽  
Financial Services ◽  
Design Methodology ◽  
Pension Fund ◽  
Securities And Exchange Commission ◽  
Federal Courts ◽  
Content Type ◽  
The Supreme Court ◽  
The Us ◽  
Us Supreme Court

Purpose – The purpose of this article is to examine the US Supreme Court’s much anticipated decision in Omnicare, Inc. v. Laborers Dist. Council Const. Indus. Pension Fund. In this 2015 case, the Supreme Court announced important principles for interpreting the application of the two bases for liability under Section 11 of the Securities Act of 1933 to statements of opinion expressed in registration statements filed with the Securities and Exchange Commission in connection with public securities offerings. Design/methodology/approach – The article examines the Supreme Court’s articulation of the standards federal courts must apply under Section 11 to determine if opinion statements were untrue statements of a material fact or misleading because they omitted material facts necessary to make the statements of opinion not misleading. The paper identifies a number of the complexities involved in the Supreme Court’s approach and emphasizes the nuanced assessment of the facts surrounding opinion statements courts will be required to undertake by Omnicare. Findings – The Omnicare decision has significant implications for the litigation of Section 11 claims challenging statements of opinion and for the preparation of registration statement disclosures. The Omnicare decision dramatically alters the standards for reviewing Section 11 claims premised on opinions long applied in a number of US federal appellate circuits. The decision is likely to result in more Section 11 claims based on supposedly misleading opinion statements, and potentially in a greater number of Section 11 claims that survive at least an initial motion to dismiss. Omnicare highlights the importance of including in registration statement disclosures meaningful cautionary statements identifying important facts that could cause actual outcomes to differ materially from views expressed in an opinion. Originality/value – Expert guidance from experienced financial services lawyers.

scholarly journals Autonomy and Beneficence in Assisted Dying in Canada: The Eligibility of Mature Minors

2017 ◽  
Author(s):  
Juliet Guichon ◽  
Farah Mohamed ◽  
Kim Clarke ◽  
Ian Mitchell
Keyword(s):  
Medical Treatment ◽  
Supreme Court ◽  
Medical Condition ◽  
Attorney General ◽  
Ethical Principles ◽  
Supreme Court Of Canada ◽  
Assisted Dying ◽  
The Supreme Court ◽  
Physician Assisted Dying ◽  
Consent To Medical Treatment

In Carter v. Canada (Attorney General), the Supreme Court of Canada legalized physicianassisted dying. Responding to this decision, Parliament passed Bill C-14, which provides that adults who suffer intolerably from a terminal medical condition may seek assistance to end their lives. Notably, the legislation does not grant access to mature minors. This article considers whether access should be granted, examining the Canadian assisted dying framework, situations of minors who might seek assisted dying, the law concerning mature minor consent to medical treatment, and other jurisdictions that grant access to mature minors. It argues that the ethical principles of autonomy and beneficence that underlie the Carter decision should be used to determine whether mature minors should have access to physician-assisted dying.

How to Legalize Medically Assisted Death in a Free and Democratic Society

2020 ◽  
Vol 29 (3) ◽  
pp. 361-368
Author(s):  
ALISTER BROWNE ◽  
J.S. RUSSELL
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Democratic Society ◽  
Supreme Court Of Canada ◽  
Medical Assistance ◽  
Assisted Death ◽  
Medical Assistance In Dying ◽  
The Supreme Court ◽  
The Law ◽  
The Way

AbstractIn 2015, the Supreme Court of Canada struck down the criminal law prohibiting physician assisted death in Canada. In 2016, Parliament passed legislation to allow what it called ‘medical assistance in dying (MAID).’ The authors first describe the arguments the Court used to strike down the law, and then argue that MAID as legalized in Bill C-14 is based on principles that are incompatible with a free and democratic society, prohibits assistance in dying that should be permitted, and makes access to medically-assisted death unnecessarily difficult. They then propose a version of MAID legislation (‘Ideal MAID’) that gives proponents and opponents of MAID everything they can legitimately want, contend that it is the only way to legalize MAID that is compatible with a free and democratic society, and conclude that it is the way to legalize MAID in Canada and other similarly free and democratic societies.

Sign in / Sign up

Export Citation Format

Share Document