Caring for the Dying: From a “Negative” to a “Positive” Legal Right to Die at Home

2005 ◽  
Vol 6 (1) ◽  
pp. 22-28 ◽  
Author(s):  
Israel Doron
Keyword(s):  
Academic Writing ◽  
Legal Aspects ◽  
Necessary Condition ◽  
Right To Die ◽  
Legal Analysis ◽  
Legal Context ◽  
The Subject ◽  
Definition Of ◽  
The Right ◽  
At Home

The choice of the old and terminally ill to die at home has been the subject of various types of research. However, one of the aspects of this subject, which has been investigated very little, is its legal context. The absence of such legal research is contrasted by the vast amount of academic writing on the legal aspects of the right to die with dignity and euthanasia. The object of this article is to analyze and break down the “right to die at home” into its different legal components. This legal analysis will be based on Professor Isaiah Berlin’s definition of two different concepts of liberty: negative and positive freedoms. The main conclusion from the legal analysis presented in this article is that it is important to understand that at the legal level the right to die at home is dependent on many different elements. These elements may be classed in two basic categories: negative and positive freedoms and rights. Even though the former is a necessary condition of the latter, without the latter the first remains purely theoretical for many old people.

UPOREDNI PRIKAZ HRVATSKOG I SLOVENAČKOG PRAVA GRAĐENjA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan
Keyword(s):  
Property Rights ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Third ◽  
Conceptual Definition ◽  
The Subject ◽  
The Republic ◽  
Construction Law ◽  
Definition Of ◽  
The Right

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.

scholarly journals Kazus Alecka Bourne’a a konstytucyjne zasady ochrony życia i zdrowia

2021 ◽  
pp. 87-105
Author(s):  
Piotr Szudejko
Keyword(s):  
Human Life ◽  
Legal Aspects ◽  
Legal Analysis ◽  
Right To Life ◽  
Legal Provisions ◽  
Starting Point ◽  
Constitutional Tribunal ◽  
Definition Of ◽  
The Right ◽  
And Function

The article presents the case of Dr. Aleck Bourne, which the author proposes to include in the catalog of borderline cases constituting the basis for in-depth discussions on ethical and legal aspects of human life with regard to the development of biology and medicine. The starting point is the presentation of the worldwide models for regulating the practice of abortion as well as the Polish regulation, together with a discussion on the role of the Constitutional Tribunal in shaping current legal provisions. The author notes that the interpretation of the right to life adopted by the Tribunal encourages the repeal of the indication model and the introduction of a complete ban on abortion, which will have significant consequences for ordinary legislation. Apart from describing the facts in the Bourne case, the strategy adopted by the defense and the sentence itself, the possible further areas of considerations regarding the limits of permissibility of termination of pregnancy have been signaled. Then, the conclusions resulting from legal analysis of the case were transferred to the exegesis of the constitutional principles of the right to life and the right to healthcare. Their constitutional form, interpretation resulting from the rulings of the Constitutional Tribunal and the ordinary legislation have been presented. The author indicates the main terminological deficiencies identified in this respect: the lack of any definition of the beginning of a human being, the existence of two separate criteria for determining death, which could lead to different results and the lack of an unambiguous definition of disease adopted by the legislator. Based on the concepts presented in the case, the right to healthcare has been defined as a legal right resulting from the right to life. The final thesis is that there are no grounds for hierarchizing these rights, as they are intertwined in content and function.

LEGAL ASPECTS OF FREEDOM OF CONSCIENCE AS THE RIGHT OF CHOICE BY THE SUBJECT OF LEGAL RELATIONS

2015 ◽  
Vol 10 (6) ◽  
pp. 185-189
Author(s):  
Воробьев ◽  
Sergey Vorobev
Keyword(s):  
Modern Society ◽  
Legal Aspects ◽  
Theoretical Argument ◽  
Individual Freedom ◽  
Freedom Of Conscience ◽  
Essential Components ◽  
The Subject ◽  
Definition Of ◽  
The Right ◽  
Relationship Of

In the article the author discusses some approaches to the definition of freedom of conscience as a legal category. Freedom of conscience as legal basis for individual freedom in modern society is analyzed. Some aspects of the relationship of meaningful and essential components of freedom of conscience and individual freedom in legal state are presented. General theoretical argument of formation characteristics of freedom of conscience as a subjective right is given. The possibility and the need for inclusion of the category of freedom of conscience in the category of law; its definition is clarified with such a position. Conclusions are made about the diversity of freedom of conscience, multidimensional research and opportunities of formation of architectonic freedom of conscience as a legal category of law to choose the subject of legal relations.

ECONOMIC AND LEGAL STATUS OF THE CONSULTING ENGINEER IN UKRAINE: REGULATORY PROBLEMS

2017 ◽  
Author(s):  
Alla Brovdii ◽  
Keyword(s):  
Economic Activity ◽  
Legal Status ◽  
Road Construction ◽  
Legal Aspects ◽  
Legal Form ◽  
Employment Contracts ◽  
Economic Relations ◽  
Definition Of ◽  
The Right

Some aspects of the economic and legal status of a consulting engineer are analyzed, taking into account the specifics of national legislation. Some problems of the legal status of the consulting engineer and the forms of his economic activity are revealed. The introduction of such an entity as a consulting engineer in the modern conditions of construction development is of particular importance due to the need to improve the quality of construction work, the development of competition in this area and the need to change approaches to economic activity in this area. It is established that the concept of consulting engineer is defined in some special regulations, in particular, regulating activities in the field of road construction, but the economic and legal aspects of his business remain unresolved. This significantly affects the effectiveness of the introduction of the institute of consulting engineers in the field of management. The problem of lack of clear definition of the form of conducting economic activity by the specified participant of economic relations is revealed. The necessity of adopting a special normative legal act, namely the Law of Ukraine "On the activities of consulting engineers", in which to regulate general issues of their legal status, features of the organization of its activities, responsibilities, etc is proved. The author's definition of the concept of consulting engineer is proposed, taking into account the need to establish the organizational and legal form of his business, which will ensure proper regulation of relations between him and other participants in construction relations, including contractors and customers. The solution of some problems of the economic and legal status of the consulting engineer under the legislation of Ukraine is offered. The expediency of conducting the activity of a consulting engineer as a self-employed person, or carrying out its activity by creating a legal entity (association of consulting engineers) is substantiated. In addition, in our opinion, an entity that carries out engineering activities and has concluded employment contracts with duly accredited consulting engineers has the right to provide the services of a consulting engineer.

scholarly journals Good offices: grasping the place of law in conflict

Legal Studies ◽  
2014 ◽  
Vol 34 (3) ◽  
pp. 469-496 ◽  
Author(s):  
Aoife O'Donoghue
Keyword(s):  
International Law ◽  
Past Century ◽  
Legal Analysis ◽  
International Organisations ◽  
The Past ◽  
The Pacific ◽  
The Subject ◽  
Definition Of ◽  
Settlement Of Disputes ◽  
Violent Conflicts

In the pantheon of approaches open to participants in the pacific settlement of disputes, good offices holds a noteworthy place. The evolution of good offices over the past century is concurrent with a trend of considerable transformation within international law, including – amongst other changes – a move away from a state-led legal order, including in good offices following the emergence of the heads of international organisations as its prime users, and a process of legalisation and specialisation within the subject that has entirely altered its character. These changes have led to a redefinition of good offices that stresses the actor carrying out the role above the form that it takes. To accompany these changes in practice, there is a need for a transformation in the legal analysis and definition of good offices. One potential option in achieving this end is Bell'slex pacificatoria. If good offices is to continue to play a significant role in the settlement of violent conflicts, a fully developed legal analysis is necessary to grasp both its historical development and its potential future role.

Managing IS Security and Privacy

2011 ◽  
pp. 2497-2503
Author(s):  
Vasilios Katos
Keyword(s):  
Policy Decision ◽  
Security And Privacy ◽  
Simple Explanation ◽  
Research Papers ◽  
Legal Context ◽  
Vital Component ◽  
Support Policy ◽  
Definition Of ◽  
The Right ◽  
Optimum Solution

The concept of privacy has received attention for over a century now and its definition?let alone, understanding?has been profoundly challenging. This is primarily attributed to the “incompatible” and rich set of characteristics privacy comprises. As Brunk (2002) states very sharply, “Privacy is a matter of intellectual and philosophical thought and retains few tangible characteristics, making it resistant to simple explanation.” Perhaps the first scholarly work on privacy was that of Warren and Brandeis (1980), who introduced the highly abstractive yet popular definition of privacy as the “right to be left alone.” As privacy was recognized as a right, it primarily existed within a legal context. Legislation for protecting one’s privacy exists in many countries and in some cases at a constitutional level (see for example the Fourth Amendment of the U.S. Constitution). It was soon realized in the information revolution era that privacy and information are somewhat coupled. More precisely, emerging privacy concepts and metrics relate to the intentional or unintentional information flows. However, when it comes to studying, using, and investing in information, security appeared to have a higher priority over privacy. Security and privacy seemingly operate under different agendas; privacy is about protecting one’s actions in terms of offering anonymity, whereas security includes the notion of accountability which implies that anonymity is waived. Still, security is a vital component of an information system, as it is well needed in order to protect privacy. This contradictory relation between security and privacy has caused a considerable amount of debate, political and technical, resulting in a plethora of position and research papers. Accepting that there may be no optimum solution to the problem of striking a balance between security and privacy, this article presents a recently developed methodology that could support policy decision making on a strategic level, thus allowing planners to macro-manage security and privacy.

The Nature of Ususfructus

1946 ◽  
Vol 9 (2) ◽  
pp. 159-170
Author(s):  
Kopel Kagan
Keyword(s):  
Great Difficulty ◽  
Roman Law ◽  
Present Position ◽  
Modern Times ◽  
The Subject ◽  
The One ◽  
Definition Of ◽  
The Right ◽  
Opening Statements ◽  
In Virtue Of

No satisfactory definition of Dominium in Roman Law has yet been achieved. Amongst English writers Austin many years ago found great difficulty in this question while in modern times Professor Buckland has written ‘it is thus difficult to define Dominium precisely.’ Again, Poste, dealing with Gaius' discussion of dominium, says that his opening statements are ‘deplorably confused.’ These examples are enough to indicate the condition, of uncertainty which prevails. In my submission this uncertainty exists mainly because the conception of ususfructus has never yet been explained adequately. Of Possessio it has been said ‘the definition of Possessio to give the results outlined is a matter of great difficulty. No perfectly correct solution may be possible,’ and this statement is generally accepted as a correct assessment of the present position in juristic literature. But here, too, in my opinion, the reason is again connected with usufruct, for the possessio of the usufructuary has not yet been adequately determined. Gaius (2.93) tells us ‘usufructuarius vero usucapere non potest; primuum quod non possidet, sed habet ius utendi et fruendi.’ Ulpian holds that he had possessio in fact (‘Naturaliter videtur possidere is qui usum fructum habet’ D.41.2.12). On this subject Roby says ‘the fructuary was not strictly a possessor and therefore if he was deprived from enjoying he had not a claim to the original interdict de vi but in virtue of his quasi-possessio a special interdict was granted him.’ Austin saw difficulty in the whole problem of possessio. He wrote ‘by Savigny in his treatise on possessio it is remarked that the possessio of a right of usufruct … resembles the possessio of a thing, by the proprietor, or by an adverse possessor exercising rights of property over the thing. And that a disturbance of the one possession resembles the disturbance of the other. Now this must happen for the reason I have already stated:—namely, that the right of usufruct or user, like that of property, is indefinite in point of user. For what is possession (meaning legal possession not mere physical handling of the subject) but the exercise of a right ?’

Aristotle's Use of Medicine as Model of Method in his Ethics

1957 ◽  
Vol 77 (1) ◽  
pp. 54-61 ◽  
Author(s):  
Werner Jaeger
Keyword(s):  
Historical Consciousness ◽  
Special Importance ◽  
Political Art ◽  
Greek Philosophy ◽  
The Past ◽  
The Subject ◽  
Definition Of ◽  
The Right ◽  
First Time ◽  
Source Of Information

Philosophy, in general, moves in a sphere of abstraction, and its statements claim to be necessary and of universal validity. The reader therefore expects them to appeal directly to his reason, and he does not normally reflect much on the time and historical conditions that determined what the philosopher took for granted. It is only in this age of historical consciousness that we have come to appreciate these factors more readily, and the great thinkers of the past appear to us more or less closely related to the culture of their age. The writings of Plato and Aristotle in particular are for us an inexhaustible source of information about Greek society and civilisation. This is true also in regard to the relation of Greek philosophy to the science of its time, and this is of special importance for our understanding. That relation can be traced throughout Aristotle's logical, physical, and metaphysical works; but the influence of other sciences and arts is no less evident in his ethics. In this paper I propose to examine the numerous references to medicine that occur in the Nicomachean Ethics. They are mostly concerned with the question of the best method of treating this subject. The problem of the right method is always of the utmost importance for Aristotle. The discussion of it begins on the first page of the Ethics, where he tries to give a definition of the subject of this course of lectures and attributes it to a philosophical discipline that he calls ‘politics’. He does so in agreement with the Platonic tradition. We can trace it back to one of the dialogues of Plato's first period, the Gorgias, in which the Platonic Socrates for the first time pronounces his postulate of a new kind of philosophy, the object of which ought to be the care of the human soul (φυχῆς θεραπεία). He assigns this supreme task to ‘political art’, even though it does not fulfil this function at present.

scholarly journals Visa Refusals to Foreign Scientists Participants in Megascience Experiments, other Scientific Events and the Right to Appeal: New in the ECJ Practice

2021 ◽  
Vol 16 (8) ◽  
pp. 160-172
Author(s):  
A. O. Chetverikov
Keyword(s):  
Legal Aspects ◽  
Eu Member States ◽  
Court Of Justice ◽  
European Court ◽  
Initial Content ◽  
The Subject ◽  
The Right ◽  
The Eu ◽  
Court Practice

The paper analyzes the provisions of the legislation and the latest court practice of the European Court of Justice (ECJ) regulating the procedure for refusing to issue Schengen visas and other migration permits necessary for foreign scientists to participate in experiments using unique European mega-science facilities, as well as in other scientific events in the EU. The first section "Visa refusal and the right to appeal it in the EU: Historical and comparative legal aspects" examines the formation and initial content of the EU rules on the rationale and appeal of the refusal of Schengen visas, starting with the Schengen agreements of the 1980s and before the adoption of the 2009 EU Visa Code. The second section "Right to appeal against refusal of Schengen and equivalent visas" is devoted to the rules of the 2009 EU Visa Code regarding visas for short-term stays (up to 90 days within a period of 180 days), amended and supplemented by the 2017 EU Court of Justice prejudicial decision as in the case of "El Hassani" regarding the recognition of foreigners’ right to judicial appeal against a visa refusal and, in a broader context, "the right to a fair and adequate consideration of their application" for a visa. The subject of the third, final section "The right to appeal the refusal of visas for long-term stay and residence permits" are the provisions of the latest ECJ court practice (judgment in the case of "M.A." of 10.03.2021), which made it possible to challenge in the courts of the EU Member States refusals to issue even those migration permits that are issued in accordance with national law.

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