scholarly journals Legalisering af dødshjælp – den indirekte afvisning

Author(s):  
Ole Hartling

Legalisation of assisted dying is supported in particular by two arguments: 1) avoiding unbearable suffering and 2) respecting the right of self-determination (individual autonomy). This chapter raises objections to both. It is problematic that assisted dying aims to remove the suffering by eliminating the sufferer. The argument for respect for the right of self-determination is also analysed, with emphasis on autonomy in the sense that the Danish Health Care Act affords an unlimited right to refuse treatment, but not a right to demand a specific treatment. Whether autonomy is genuinely possible in connection with assisted dying is questioned, as autonomy will always be relative to an assessment of the patient’s quality of life. How assisted dying can affect the patient-physician relationship is also discussed. Finally, there is the conclusion that if the distressed and despairing person is met with the suggestion that now death is to be preferred, this also sends a message that the person is dispensable.

2012 ◽  
Vol 20 (2) ◽  
pp. 91-110
Author(s):  
Cara Nine

Territorial rights come with both costs (war, inequality and oppression) and benefits (political participation, coordinated use of resources). The immense importance of these normative aspects of territorial rights solidifies our need for a principled theory of territory. With globalisation and transnational interactions, a cosmopolitan account of territorial rights is required – it should justify territorial authority generally. This generalised justification must also provide an account of the special, normative relationship that certain groups have with certain lands and resources, providing groups with special claims to particular lands. Since democratic theory values territoriality for its necessary relationship to equality and individual autonomy, a comprehensive democratic account of territorial rights presents a real possibility for explaining territorial claims from cosmopolitan ideals. Unfortunately, democratic accounts of territoriality suffer a serious drawback; they cannot give a comprehensive account of self-determination rights over particular land and resources. On the contrary, democratic theory addresses only persons – how they should be treated and how their associations should be organised. The first half of this article explains how democratic accounts of self-determination are wanting in specific ways. The second half presents an alternative account of the right of self-determination and territorial rights as a feature of compromise. Because compromise is an essential element of democracy and an important element of justice, it can be used to explain the unique connection that democracies have with a particular territory. Through this theory of compromise, we can explain the scope, longevity and breadth of a democracy's territorial rights from cosmopolitan ideals. However, this account has acute limitations. As merely an initial sketch of theoretical connections between democracy and territory, it does not yet offer an account of the complicated territorial issues of transnational democratic associations. In fact, the theory from compromise reveals a vital obstacle for the establishment of borders, especially in cases of possible secession.


1991 ◽  
Vol 19 (1) ◽  
pp. 32-36
Author(s):  
Peter Juviler

Two main concepts of a new Union and its genesis emerged in 1990–1991. Gorbachev conceived of a close-bound “vertical” federation, such as depicted in the draft Union treaty published March, 9, 1991, to be produced under the leadership of the Center, in consultation with the republics. The nationalist opposition in the nine prospective states of the new Union conceived of a decentralized confederation emerging out of a “horizontal” compact among equals. The two approaches involved clashing concepts of the right of self-determination as to both process and substance.


1993 ◽  
Vol 31 (2) ◽  
pp. 257-276 ◽  
Author(s):  
Ruth Iyob

Contested territories and challenges to state sovereignty have become almost the norm in post-colonial Africa. The nexus of many of these conflicts resides in a status quo which gives primacy to territorial integrity over the right of peoples to self-determination. The comparative advantage thus accorded to sovereign states has resulted in a disequilibrium that legitimated the violation of both regionally and internationally sanctioned rules enshrined in the Organisation of African Unity (O.A.U.) and the United Nations (U.N.). Thus a normative bias in favour of the imperative of stability and order was justified by reference to the fragility of the newly independent régimes. In the process, the right of self-determination was narrowly interpreted to refer solely to those African peoples waging liberation struggles against European colonialism or white rule.


2012 ◽  
pp. 42-67
Author(s):  
Luigi Balestra ◽  
Riccardo Campione

The essay analyzes the development of the right of self-determination in medical treatments and the changes it has had on the relationship between doctor and patient. In this perspective, the paper aims, in particular, to verify the limits of the self-determination principle in cases of refusal of life-saving treatment and in the hypothesis of advance directives. It also analyzes the possibility of providing compensation for damages in case the right to self-determination is undermined.


Author(s):  
Shelton Dinah

This chapter evaluates recent legal scholarship on jus cogens. Writers continue to discuss and debate the origins and sources of jus cogens. In addition, they devote increasing attention to the specific norms proposed for such status. The prohibition of enforced disappearance, for example, has been recognized in writings as a norm of jus cogens. Other specific norms proposed include the prohibition of torture; the principle of non-refoulement; the prohibition of crimes against humanity; the prohibition of apartheid and racial discrimination; the prohibition of slavery; and the right of self-determination. The jus cogens status of basic rules of humanitarian law is also generally recognized in the literature.


1967 ◽  
Vol 5 (4) ◽  
pp. 491-509 ◽  
Author(s):  
Yusuf Fadl Hasan

About 70 years ago, the Mahdist or Ansār state, in many ways a traditional Muslim government, crumbled under the fire of the Anglotional Egyptian cannons. On the condominium government that followed fell the task of pacifying the country and introducing western concepts of administration. All Sudanese attempts to defy foreign domination had failed completely by 1924. The British, the stronger of the two partners, had the lion's share in shaping the destiny of the country. Towards the end of World War II, the influential and educated Sudanese, like other Africans and Asians, demanded the right of self-determination. In 1946, in preparation for this, a sample of western democracy was introduced in the form of an Advisory Council. This Council, which was restricted to the northern Sudan, was followed two years later by the Legislative Assembly, which had slightly more powers. Although these democratic innovations were quite alien to the country and were introduced at a relatively late date, they were in keeping with traditional institutions. Until recently, the Sudan consisted of a number of tribal units where no classes or social distinctions existed and the tribal chief was no more than the first among equals; the people were therefore not accustomed to autocratic rule.


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