Human Dignity of the Vulnerable in the Age of Rights
Springer International Publishing (Verlag)
978-3-319-81348-6 (ISBN)
This volume is devoted to exploring a subject which,on the surface, might appear to be just a trending topic. In fact, it is muchmore than a trend. It relates to an ancient, permanent issue which directlyconnects with people's life and basic needs: the recognition and protection ofindividuals' dignity, in particular the inherent worthiness of the mostvulnerable human beings. The content of this book is described well enough byits title: 'Human Dignity of theVulnerable in the Age of Rights'. Certainly, we do not claim that only thehuman dignity of vulnerable people should be recognized and protected. Werather argue that, since vulnerability is part of the human condition, humanvulnerability is not at odds with human dignity. To put it simply, humandignity is compatible with vulnerability.
A concept of human dignity which discards or deniesthe dignity of the vulnerable and weak is at odds with the real humancondition. Even those individuals who might seem more skilled and talented arefragile, vulnerable and limited. We need to realize that human condition is notlimitless. It is crucial to re-discover a sense of moderation regardingourselves, a sense of reality concerning our own nature. Some lines of thoughttake the opposite view. It is sometimes argued that humankind is - or is calledto be - powerful, and that the time will come when there will be novulnerability, no fragility, no limits at all. Human beings will become likeGod (or what believers might think God to be). This perspective rejects humanvulnerability as in intrinsic evil. Those who are frail or weak, who are notautonomous or not able to care for themselves,do not possess dignity. In this volume it is claimed that vulnerability is aninherent part of human condition, and because human dignity belongs to allindividuals, laws are called to recognize and protect the rights of all ofthem, particularly of those who might appear to be more vulnerable and fragile.
Aniceto Masferrer is Professor of Legal History and teaches legal history and comparative law at the Faculty of Law, University of Valencia, Spain. He is the author of eight books (including his Spanish Legal Traditions. A Comparative Legal History Outline (Madrid, 2009; 2012, 2nd ed,)) and the editor of six (including Masferrer, A (ed.), Post 9/11 and the State of Permanent Legal Emergency: Security and Human Rights in Countering Terrorism (Springer, 2012), Masferrer, A & Walker, C (eds.) Counter-Terrorism, Human Rights And The Rule Of Law. Crossing Legal Boundaries in Defence of the State (Edward Elgar Publishing, 2013), and Masferrer, A., La Codificación española. Una aproximación doctrinal e historiográfica a sus influencias extranjeras, y a la francesa en particular (Thomson Reuters-Aranzadi, 2014)), and sixty book chapters/articles published in Spanish, European and American law journals. He has published extensively on criminal law from an historical and comparative perspective, as well as on the codification movement and fundamental rights in the Western legal tradition. He has been a fellow researcher at the Institute Max-Planck for European Legal History (2000-03), Visiting Professor at the University of Cambridge (2005), Visiting Scholar at Harvard Law School (2006-07) and at Melbourne Law School (2008), and Visiting Professor at the University of Tasmania (2010), Visiting Scholar at Louisiana State University - The Paul M. Hebert Law Center - (2013), Visiting Scholar at George Washington University Law School (as the Recipient of the Richard & Diane Cummins Legal History Research Grant for 2014), and Visiting Professor at the École Normale Supérieure - Paris (2015). He has lectured at universities around the world (France, Germany, Belgium, The Netherlands, Malta, Israel, United Kingdom, Sweden, Norway, USA, Canada, Australia and New Zealand). He is a member of the advisory board of several Spanish, European, Anglo-American and Asian Law Journals, and the Chief Editor of GLOSSAE. European Journal of Legal History. He is member of the American Society for Legal History, the current president of the European Society for Comparative Legal History (from 2010), and vice-president of the Fundación Universitas. He is also the Director of the Institute for Social, Political and Legal Studies, member of the Spanish Royal Academy of Jurisprudence and Legislation, and board member of the Valencian Committee for European Affairs. Emilio García-Sánchez i s Biologist and Postgraduate Masters in Bioethics (University of Navarra, 2010). He defended his thesis Master on The return of virtue bioethics to the crisis of nature. He currently teaches Bioethics at the Faculties of Medicine and Nursing CEU Cardenal Herrera University (Valencia, Spain). He is the main researcher of Bioethics Research Group at his university. His main lines of research are ethical and sociological analysis of human vulnerability in today's culture: health and bioethical implications. He has published two articles on the recognition of the nature and dignity in the terminally ill. The latest in the Journal of Bioethics: 'The rescue of the human in the patient who dies' (2012). He was also the Editor of the issue nr 77 (vol. 23: 'Eugenics in Today's Society') of the Journal of Bioethics (May 2012). He is currently working on bioethical issues raised by the aesthetic medicine. He has published an article on this subject: "The tyranny of perfection. Bioethical Implications" (July 2013). He was Visiting Scholar at Institute of Ethics (Dublin City University) (July-September 2014) and at Kennedy Institute of Ethics (Georgetown University, Washington DC) (August-November 2015).
Prefaceand Acknowledgements.- 1. Vulnerability and Human Dignity in the Age of Rights; Aniceto Masferrer and Emilio García-Sánchez.- PART I: Human Dignity of the Vulnerable: Ethical andAnthropological Perspectives.- 2. Vulnerability as a Part of Human Nature; Alfredo Marcos.- 3. Ethics of Vulnerability; Adela Cortina and Jesús Conill.- 4. Vulnerable: To be between life anddeath; Aquilino Cayuela.- 5. TheVulnerability of Life in the Philosophy of Hans Jonas; Paolo Becchi and oberto Franzini Tibaldeo.- PART II: Human Dignity of the Vulnerable: Biomedical andSociological Perspectives.- 6. Biotechnologies inside the self: newchallenges in clinical ontology; Luis Echarte.- 7. Paradoxes of authenticity: aneuroscientific approach to personal identity; Luis Echarte.- 8. Vulnerability at the endof life: A medical perspective; Joaquim Bosch and oan Vidal.- 9. Cosmetic Vulnerability. The newface of human fragility; Emilio García-Sánchez.- PART III: Human Dignity of the Vulnerable in the Age ofRights: Historical, Legal Philosophical and Political Perspectives.- 10. Taking Human Dignity more Humanely A Historical Contribution to the Ethical Foundations of Constitutional Democracy; Aniceto Masferrer.- 11. Is vulnerability the foundation ofhuman rights?; Roberto Andorno.- 12. The final fragility of the human beingand the 'right' to die: biojuridical considerations; Claudio Sartea.- 13. Taking Vulnerability Seriously: WhatDoes It Change for Bioethics and Politics?; Corine Pelluchon.- 14. The principle of respect for humanvulnerability and assisted reproductive technologies; Vicente Bellver.
| Erscheint lt. Verlag | 15.6.2018 |
|---|---|
| Reihe/Serie | Ius Gentium: Comparative Perspectives on Law and Justice |
| Zusatzinfo | XV, 338 p. |
| Verlagsort | Cham |
| Sprache | englisch |
| Maße | 155 x 235 mm |
| Gewicht | 545 g |
| Themenwelt | Recht / Steuern ► Allgemeines / Lexika |
| Schlagworte | Bioethics and Human Rights • Bioethics and Politics • Biojuridical confusions • Crisis of human vulnerability • Dignity and Human Rights • Ethical grounds of democracy • Fragility of the human being • Human dignity • Human Dignity and Fundamental Rights • Human Rights • Human Vulnerability in Hans Jonas' Thought • Influence of aesthetic medicine • Medicalization of emotions • 'right' to die • ‘right’ to die • vulnerability • Vulnerability and Human Nature • Vulnerability at the end of life • Vulnerability Bioethics • Vulnerability, dignity and compassion |
| ISBN-10 | 3-319-81348-X / 331981348X |
| ISBN-13 | 978-3-319-81348-6 / 9783319813486 |
| Zustand | Neuware |
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