The Ethical Spirit Of Eu Law

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The Ethical Spirit of EU Law

Markus Frischhut
The Ethical Spirit of EU Law Book PDF

Author : Markus Frischhut
Publisher : Springer
Page : 157 pages
File Size : 52,7 Mb
Release : 2019-03-15
Category : Law
ISBN : 9783030105822

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The Ethical Spirit of EU Law by Markus Frischhut Pdf

This open access book seeks to identify the ethical spirit of European Union (EU) law, a context in which we can observe a trend towards increasing references to the terms ‘ethics’ and ‘morality’. This aspect is all the more important because EU law is now affecting more and more areas of national law, including such sensitive ones as the patentability of human life. Especially when unethical behaviour produces legal consequences, the frequent lack of clearly defined concepts remains a challenge, particularly against the background of the principle of legal certainty. This raises the question to which extent the content of these references is determined and whether it is possible to identify an ethical spirit of EU law. Answering that question, in turn, entails addressing the following questions: In references to ethics concerning EU law, can we identify references to a particular theory of practical philosophy at all; and, if so, to one or more normative ethical theories (deontology, consequentialism, or virtue ethics)? Further, should these non-legal concepts be imported in an unaltered way (“absolute approach”), or be adapted to the legal context (“relative approach”)? This book explores the different layers of EU law (primary law, agreements, secondary law, and tertiary law), including the role of ethics in EU lawmaking and in EU case law, as well as the implementation of relevant EU directives in selected Member States. In addition to the above-mentioned normative philosophical lens, the book also analyzes the findings from the legal lens of EU integration, i.e., especially EU values, human rights and the cornerstone of human dignity.

The Ethical Spirit of EU Law

Markus Frischhut
The Ethical Spirit of EU Law Book PDF

Author : Markus Frischhut
Publisher : Springer
Page : 157 pages
File Size : 40,7 Mb
Release : 2019-05-08
Category : Law
ISBN : 3030105814

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The Ethical Spirit of EU Law by Markus Frischhut Pdf

This open access book seeks to identify the ethical spirit of European Union (EU) law, a context in which we can observe a trend towards increasing references to the terms ‘ethics’ and ‘morality’. This aspect is all the more important because EU law is now affecting more and more areas of national law, including such sensitive ones as the patentability of human life. Especially when unethical behaviour produces legal consequences, the frequent lack of clearly defined concepts remains a challenge, particularly against the background of the principle of legal certainty. This raises the question to which extent the content of these references is determined and whether it is possible to identify an ethical spirit of EU law. Answering that question, in turn, entails addressing the following questions: In references to ethics concerning EU law, can we identify references to a particular theory of practical philosophy at all; and, if so, to one or more normative ethical theories (deontology, consequentialism, or virtue ethics)? Further, should these non-legal concepts be imported in an unaltered way (“absolute approach”), or be adapted to the legal context (“relative approach”)? This book explores the different layers of EU law (primary law, agreements, secondary law, and tertiary law), including the role of ethics in EU lawmaking and in EU case law, as well as the implementation of relevant EU directives in selected Member States. In addition to the above-mentioned normative philosophical lens, the book also analyzes the findings from the legal lens of EU integration, i.e., especially EU values, human rights and the cornerstone of human dignity.

The Ethical Spirit of EU Values

Markus Frischhut
The Ethical Spirit of EU Values Book PDF

Author : Markus Frischhut
Publisher : Springer Nature
Page : 283 pages
File Size : 51,8 Mb
Release : 2022-09-14
Category : Law
ISBN : 9783031127144

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The Ethical Spirit of EU Values by Markus Frischhut Pdf

This open access book, summarising the research conducted at this Jean Monnet Chair, seeks to identify the ethical spirit of European Union (EU) values. EU integration began at the economic level; human rights were only added at a later stage. Finally, the Lisbon Treaty turned the EU into a ‘Union of values’ by enshrining certain concepts in Art 2 TEU. This provision can be seen as a hub linked to various other provisions of EU primary and secondary law. The values contained therein have, amongst others, been applied to two areas (digitalisation and non-financial reporting, partly in sports), and further specified in others (health and partly in sports). This book analyses the evolution of values (ratione temporis) and the questions of who is entitled and who is obliged (ratione personae). Besides the external perspective (ratione limitis; e.g., Brexit), it focuses on the composition of the EU’s common values (ratione materiae). As Art 2 TEU can be viewed as a hub, it is essential to focus on various relations, not only between values, but also between values and other provisions of EU law, as well as other concepts. Based on this description of the status quo, the book subsequently addresses a possible future direction, arguing for an additional narrative (trust), an additional value (environmental protection), and a more communitarian Union. In closing, apart from the classical commitment of the EU and the Member States to uphold the values of the EU, the book discusses the level of individuals and values as virtues. Various figures and tables complement this overview of the status quo of the Union of values and outline of its future direction.

The Oxford Handbook of European Union Law

Anthony Arnull,Damian Chalmers
The Oxford Handbook of European Union Law Book PDF

Author : Anthony Arnull,Damian Chalmers
Publisher : Oxford University Press
Page : 950 pages
File Size : 40,6 Mb
Release : 2015-07-23
Category : Law
ISBN : 9780191653056

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The Oxford Handbook of European Union Law by Anthony Arnull,Damian Chalmers Pdf

Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

European Prison Rules

Council of Europe. Committee of Ministers
European Prison Rules Book PDF

Author : Council of Europe. Committee of Ministers
Publisher : Council of Europe
Page : 133 pages
File Size : 40,8 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789287159823

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European Prison Rules by Council of Europe. Committee of Ministers Pdf

This publication examines the rules in force in Europe governing prisons and the treatment of prisoners, including the use of force, the selection of prison staff and the protection of prisoners' human rights, based on Recommendation Rec (2006) 2 on the European Prison Rules (which was adopted by the Committee of Ministers of the Council of Europe in January 2006). It contains the text of the recommendation with a detailed commentary on it, together with a report which considers recent developments and analyses the effectiveness of these rules and of imprisonment as a form of punishment.

Ethics and Sport in Europe

Dominique Bodin,Gaelle Sempé
Ethics and Sport in Europe Book PDF

Author : Dominique Bodin,Gaelle Sempé
Publisher : Council of Europe
Page : 202 pages
File Size : 52,6 Mb
Release : 2011-01-01
Category : Sports & Recreation
ISBN : 9287170770

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Ethics and Sport in Europe by Dominique Bodin,Gaelle Sempé Pdf

Defending ethics in sport is vital in order to combat the problems of corruption, violence, drugs, extremism and other forms of discrimination it is currently facing. Sport reflects nothing more and nothing less than the societies in which it takes place. However, if sport is to continue to bring benefits for individuals and societies, it cannot afford to neglect its ethical values or ignore these scourges. The major role of the Council of Europe and the Enlarged Partial Agreement on Sport (EPAS) in addressing the new challenges to sports ethics was confirmed by the 11th Council of Europe Conference of Ministers responsible for Sport, held in Athens on 11 and 12 December 2008. A political impetus was given on 16 June 2010 by the Committee of Ministers, with the adoption of an updated version of the Code of Sports Ethics (Recommendation CM/Rec(2010)9), emphasising the requisite co-ordination between governments and sports organisations. The EPAS prepared the ministerial conference and stepped up its work in an international conference organised with the University of Rennes, which was attended by political leaders, athletes, researchers and officials from the voluntary sector. The key experiences described in the conference and the thoughts that it prompted are described in this publication. All the writers share the concern that the end result should be practical action - particularly in terms of the setting of standards - that falls within the remit of the EPAS and promotes the Council of Europe's core values.

The Routledge Social Science Handbook of AI

Anthony Elliott
The Routledge Social Science Handbook of AI Book PDF

Author : Anthony Elliott
Publisher : Routledge
Page : 431 pages
File Size : 46,8 Mb
Release : 2021-07-12
Category : Social Science
ISBN : 9780429582066

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The Routledge Social Science Handbook of AI by Anthony Elliott Pdf

The Routledge Social Science Handbook of AI is a landmark volume providing students and teachers with a comprehensive and accessible guide to the major topics and trends of research in the social sciences of artificial intelligence (AI), as well as surveying how the digital revolution – from supercomputers and social media to advanced automation and robotics – is transforming society, culture, politics and economy. The Handbook provides representative coverage of the full range of social science engagements with the AI revolution, from employment and jobs to education and new digital skills to automated technologies of military warfare and the future of ethics. The reference work is introduced by editor Anthony Elliott, who addresses the question of relationship of social sciences to artificial intelligence, and who surveys various convergences and divergences between contemporary social theory and the digital revolution. The Handbook is exceptionally wide-ranging in span, covering topics all the way from AI technologies in everyday life to single-purpose robots throughout home and work life, and from the mainstreaming of human-machine interfaces to the latest advances in AI, such as the ability to mimic (and improve on) many aspects of human brain function. A unique integration of social science on the one hand and new technologies of artificial intelligence on the other, this Handbook offers readers new ways of understanding the rise of AI and its associated global transformations. Written in a clear and direct style, the Handbook will appeal to a wide undergraduate audience.

The Far Right Today

Cas Mudde
The Far Right Today Book PDF

Author : Cas Mudde
Publisher : John Wiley & Sons
Page : 129 pages
File Size : 55,6 Mb
Release : 2019-10-25
Category : Philosophy
ISBN : 9781509536856

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The Far Right Today by Cas Mudde Pdf

The far right is back with a vengeance. After several decades at the political margins, far-right politics has again taken center stage. Three of the world’s largest democracies – Brazil, India, and the United States – now have a radical right leader, while far-right parties continue to increase their profile and support within Europe. In this timely book, leading global expert on political extremism Cas Mudde provides a concise overview of the fourth wave of postwar far-right politics, exploring its history, ideology, organization, causes, and consequences, as well as the responses available to civil society, party, and state actors to challenge its ideas and influence. What defines this current far-right renaissance, Mudde argues, is its mainstreaming and normalization within the contemporary political landscape. Challenging orthodox thinking on the relationship between conventional and far-right politics, Mudde offers a complex and insightful picture of one of the key political challenges of our time.

Arbitrary and Capricious

Gary Elvin Marchant,Kenneth L. Mossman
Arbitrary and Capricious Book PDF

Author : Gary Elvin Marchant,Kenneth L. Mossman
Publisher : American Enterprise Institute
Page : 112 pages
File Size : 48,7 Mb
Release : 2004
Category : Business & Economics
ISBN : 0844741892

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Arbitrary and Capricious by Gary Elvin Marchant,Kenneth L. Mossman Pdf

This study examines how the European Union has used the precautionary principle in legal decisions.

Corruption, Integrity and the Law

Nicholas Ryder,Lorenzo Pasculli
Corruption Integrity and the Law Book PDF

Author : Nicholas Ryder,Lorenzo Pasculli
Publisher : Routledge
Page : 220 pages
File Size : 53,5 Mb
Release : 2020-02-11
Category : Law
ISBN : 9781000028683

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Corruption, Integrity and the Law by Nicholas Ryder,Lorenzo Pasculli Pdf

Globalisation has opened new avenues to corruption. Corrupt practices are proliferating not only within national borders but across different countries. Despite many national and international anti-corruption bodies and strategies, corruption far from being eradicated. There is an urgent global demand for a better understanding of corruption as a phenomenon and a thorough assessment of the existing regulatory remedies, towards the establishment of more effective (and possibly uniform) anti-corruption measures. Our previous collection, Corruption in the Global Era (Routledge, 2019), analysed the causes, the sources, and the forms of manifestation of global corruption. An ideal continuation of that volume, this book moves from the analysis of the phenomenon of corruption to that of the regulatory remedies against corruption and for the promotion of integrity. Corruption, Integrity and the Law provides a unique interdisciplinary assessment of the global anti-corruption legal framework. The collection gathers top experts in different fields of both the academic and the professional world – including criminal law, EU law, international law, competition law, corporate law and ethics. It analyses legal instruments adopted not only at a supranational level but also by different countries, in the attempt of establishing an interdisciplinary and comparative dialogue between theory and practice and between different legal systems towards a better global promotion of integrity. This book will be of value to researchers, academics and students in the fields of law, criminology, sociology, economics, ethics as well as professionals – especially solicitors, barristers, businessmen and public servants.

Justice in the Workplace

Matthieu de Nanteuil
Justice in the Workplace Book PDF

Author : Matthieu de Nanteuil
Publisher : Edward Elgar Publishing
Page : 224 pages
File Size : 48,7 Mb
Release : 2021-05-28
Category : Business & Economics
ISBN : 9781800373426

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Justice in the Workplace by Matthieu de Nanteuil Pdf

This timely book explores new social justice challenges in the workplace. Adopting a long-term perspective, it focuses on value conflicts, or ethical dilemmas, in contemporary organisations and ways to overcome them. Matthieu de Nanteuil demonstrates that the existence of value conflicts is not in itself problematic, but problems arise as actors do not have a frame of justice that allows them to overcome these conflicts without renouncing their deeply held values.

Due Process and Fair Trial in EU Competition Law

Cristina Teleki
Due Process and Fair Trial in EU Competition Law Book PDF

Author : Cristina Teleki
Publisher : BRILL
Page : 392 pages
File Size : 46,6 Mb
Release : 2021-05-17
Category : Business & Economics
ISBN : 9789004447493

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Due Process and Fair Trial in EU Competition Law by Cristina Teleki Pdf

In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.

The Oxford Handbook of Comparative Health Law

David Orentlicher,Tamara K. Hervey
The Oxford Handbook of Comparative Health Law Book PDF

Author : David Orentlicher,Tamara K. Hervey
Publisher : Oxford University Press
Page : 1135 pages
File Size : 42,6 Mb
Release : 2021
Category : Law
ISBN : 9780190846756

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The Oxford Handbook of Comparative Health Law by David Orentlicher,Tamara K. Hervey Pdf

"Abstract: The Oxford Handbook of Comparative Health Law addresses some of the most critical issues facing scholars, legislators, and judges. How, for example, can the law protect against threats to public health that can quickly cross national borders? How can it ensure access to affordable health care or regulate the pharmaceutical industry? Indeed, when matters of life and death literally hang in the balance, it is especially important for policymakers to get things right, and the making of policy can be greatly enhanced by learning from the successes and failures of approaches taken in other countries. Where there are "common challenges" in law and health, there is much to be gained from experiences elsewhere. Accordingly, this Handbook considers key health law questions from a comparative perspective. In health law, common challenges are frequent. In addition to those mentioned above, there are questions about addressing the social determinants of health (e.g., poverty and pollution), organizing health systems to optimize use of available resources, ensuring that physicians provide care of the highest quality, protecting patient privacy in a data-driven world, and properly balancing patient autonomy with the interest in preserving life when reproductive and end-of-life decisions are made. This Handbook's wide scope and comparative perspective on health law are particularly timely. Economic globalization has made it increasingly important for different countries to harmonize their legal rules. The many paired and complementary chapters that cover law in American and European contexts represent a novel approach that should allow scholars, students, and policymakers to develop new insight into this complex field. Keywords: health law; comparative law; EU law; UK law; US law; public health; healthcare; social determinants of health; public policy"--

Digital Transformation and Ethics

Rat für Forschung und Technologieentwicklung,Markus Hengstschläger
Digital Transformation and Ethics Book PDF

Author : Rat für Forschung und Technologieentwicklung,Markus Hengstschläger
Publisher : ecoWing
Page : 357 pages
File Size : 45,5 Mb
Release : 2020-12-03
Category : Political Science
ISBN : 9783711052988

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Digital Transformation and Ethics by Rat für Forschung und Technologieentwicklung,Markus Hengstschläger Pdf

Everything is digital – whether it concerns the private sphere, work or public life. The technological progress involves both enormous chances and great risks. What are the social challenges we face? Which role does ethics play? Will the digital revolution necessarily serve the common good?Experts from various fields, among them computer science, economy, sociology and philosophy, address these questions and contribute to a necessary critical dialogue.

Can Democracy Safeguard the Future?

Graham Smith
Can Democracy Safeguard the Future Book PDF

Author : Graham Smith
Publisher : John Wiley & Sons
Page : 160 pages
File Size : 41,6 Mb
Release : 2021-02-01
Category : Philosophy
ISBN : 9781509539260

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Can Democracy Safeguard the Future? by Graham Smith Pdf

Our democracies repeatedly fail to safeguard the future. From pensions to pandemics, health and social care through to climate, biodiversity and emerging technologies, democracies have been unable to deliver robust policies for the long term. In this book, Graham Smith asks why. Exploring the drivers of short-termism, he considers ways of reshaping legislatures and constitutions and proposes strengthening independent offices whose overarching goals do not change at every election. More radically, Smith argues that forms of participatory and deliberative politics offer the most effective democratic response to the current political myopia, as well as a powerful means of protecting the interests of generations to come.