Last edited by Kazrat
Thursday, May 7, 2020 | History

2 edition of Juxtaposing autonomy and paternalism in private law found in the catalog.

Juxtaposing autonomy and paternalism in private law

A. I.. Ogus

Juxtaposing autonomy and paternalism in private law

by A. I.. Ogus

  • 361 Want to read
  • 7 Currently reading

Published by Hart Pub. in Oxford, Portland, Or .
Written in English

    Subjects:
  • Civil law,
  • Autonomy,
  • Philosophy,
  • Commercial law,
  • Paternalism

  • Edition Notes

    Includes bibliographical references and index.

    Statementedited by Anthony Ogus and Willem H. van Boom
    Classifications
    LC ClassificationsK1005 .J89 2011
    The Physical Object
    Paginationv, 243 p. ;
    Number of Pages243
    ID Numbers
    Open LibraryOL25033975M
    ISBN 10184946118X
    ISBN 109781849461184
    LC Control Number2011291056
    OCLC/WorldCa687704764

    paternalism is when someone's freedom is restricted for their own good. Hense why paternal means father, so people are getting treated like children. But all in all, it is for their own benefits. I. Introduction. A central tenet to much ethical argument within medical law is patient autonomy. 1 Although we have seen a welcome move away from a system governed by largely unchecked paternalism, there is not universal agreement on the direction in which medical law should advance. 2 Competing concerns for greater welfare and individual freedom, complicated by an overarching .

    Paternalism creates a parent/child relationship, in which one group infringes upon the autonomy of another because they claim to know best. Paternalism was historically used to defend imperialism. Regulation.[ Ogus, Anthony; ]. This is a reprint of Anthony Ogus' classic study of regulation, first published in the s. It examines how, since the last decades of the twentieth century there have been fundamental changes in the relationship between the state and industry.

    Autonomy and Paternalism Medical Ethics 7 Medical Paternalism • Restricting patient’s freedom for patient’s own good. (“Doctor knows best”) • Can be “weak” (to prevent harm) or “strong” (to benefit) • Can be in clinical practice or in policy/law – Is there enough FDA regulation of supplements? • . Essay Lying to Patients and Ethical Relativism. Objective vs. Subjective (Telling right from wrong) Paternalism vs. Autonomy Paternalism – authority of restricting the freedom and responsibilities of those lower than them Autonomy is a binomial 1) Enlightenment ethics – celebration of the individual’s reason, free will, self seat of values, 2) Politics – celebrating of the individual.


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Juxtaposing autonomy and paternalism in private law by A. I.. Ogus Download PDF EPUB FB2

Selecting an appropriate balance in the law between autonomy and paternalism is an important and difficult task, requiring a careful consideration of moral, political and economic values. This collection deals with the task at both general and specific levels, locating itself within the broader context of the relationship between law and market : Paperback.

This book deals with the task of selecting an appropriate balance in the law between autonomy and paternalism at both general and specific ing an appropriate balance in the law between autonomy and paternalism is an important and difficult task, requiring a careful consideration of moral, political and economic values.

About Juxtaposing Autonomy and Paternalism in Private Law. Selecting an appropriate balance in the law between autonomy and paternalism is an important and difficult task, requiring a careful consideration of moral, political and economic values.

This collection deals with the task at both general and specific levels, locating itself within the broader context of the relationship between law and market forces.

Get this from a library. Juxtaposing autonomy and paternalism in private law. [A I Ogus; W H van Boom;] -- "Selecting an appropriate balance in the law between autonomy and paternalism is an important and difficult task, requiring a careful consideration of moral.

Juxtaposing Autonomy and Paternalism in Private Law Edited by Anthony Ogus and Willem H van Boom •HART* PUBLISHING OXFORD AND PORTLAND, OREGON Contents 1 Introducing, Defining and Balancing 'Autonomy versus Paternalism' 1 Willem H van Boom and Anthony Ogus A Third Way Between Autonomy and Paternalism in Private Law 73 Nick Huh 5.

Writes: Contract, Tort and Restitution Law, Socio-Legal Studies, Constitutional and Administrative Law. Author of: Costs and Cautionary Tales, Regulation.

Editor(s) of: Juxtaposing Autonomy and Paternalism in Private Law. Ogus and van Boom (eds), Juxtaposing Autonomy and Paternalism in Private Law Steve Hedley on 23 September — Leave a Comment Selecting an appropriate balance in the law between autonomy and paternalism is an important and difficult task, requiring a careful consideration of moral, political and economic values.

Home Research Research Explorer Publications Juxtaposing Autonomy and Paternalism in Private Law. Home; Research; Juxtaposing Autonomy and Paternalism in Private Law.

Research output: Book/Report Related Faculties/Schools. Manchester Centre for Regulation and Governance and Public Law; View graph of relations. Contact us +44 (0) Cited by: 1. The Autonomy of Private Law Introduction.

In this chapter I complete the circle of exposition by returning to the claim adumbrated at the beginning of this book, that private law is autonomous and nonpolitical.

Turning from substance to process, from specific tort doctrines to the role of courts as expositors of juridical reason, I. The common law rules of legal precedent mean that this judgment will dictate the legal standard for all future similar cases. The Supreme Court Justices have disambiguated case law: there is no longer a place for the Bolam test when deciding whether a patient has been adequately informed, and medical paternalism in this area, no matter how.

Autonomy in the Law considers one of the most important benefits of the rule of law. Juxtaposing European and American conceptions of autonomy in the law of families, capital punishment and, criminal trials reveals the common values that justify all legal systems.

Law protects the autonomy of. Juxtaposing autonomy and paternalism in private Law. Ogus, Anthony; Oxford, ; Selecting an appropriate balance in the law between autonomy and paternalism is an important and difficult task, requiring a careful consideration of moral, political and economic values.

This collection deals with the task at both general and specific levels. This is a reprint of Anthony Ogus' classic study of regulation,first published in the s. It examines how, since the last decades of the twentieth century there have been fundamental changes in the relationship between the state and industry.

With the aid of economic theory Anthony Ogus critically examines the ways in which public law has been adapted to the task of regulating industrial.

Juxtaposing Autonomy and Paternalism in Private Law Selecting an appropriate balance in the law between autonomy and paternalism is an important and difficult task, requiring a careful consideration of moral, political and economic values.

1 A. Ogus, ‘The Paradoxes of Legal Paternalism and How to Resolve Them’ () 30 Legal Studies 61 at 2 W. van Boom, ‘Introduction’, Workshop on Juxtaposing Autonomy and Paternalism in Private Law, Erasmus University, Rotterdam, 25 February   These cases might, from one perspective, be regarded as instances of paternalism and infringements of autonomy, but other considerations have been relevant, including public policy, avoidance of unjust enrichment and whether the party seeking enforcement has had a.

On approval, you will either be sent the print copy of the book, or you will receive a further email containing the link to allow you to download your eBook. The Context of Regulation: The Market and Private Law 3 Public Interest Grounds for Regulation 4 Regulation and the Pursuit of Private Interest PART II.

Juxtaposing Autonomy. Search text. Search type Research Explorer Website Staff directory. Alternatively, use our A–Z index. Juxtaposing Autonomy and Paternalism in Private Law by Anthony I Ogus, Willem H van Boom Paperback. Offering a fresh perspective on "nudging", this book uses legal paternalism to explore how legal systems may promote good policies without ignoring personal autonomy.

It suggests that the dilemma between inefficient opt-in rules and autonomy restricting opt-out schemes fails to realistically capture the span of options available to the policy.

Books: • Medical Law in Malaysia by Kartina Aisha Choong, 31 JulyWolters Kluwer Law & Business • Medical Negligence Law in Malaysia by Dr. Puteri Nemie bt Jahn Kassim, ILBS, • Autonomy, Consent and the Law by Sheila A.M.

Mclean, Baiomedical Alw and Ethics ;Library, Cavendish B. Articles & Journals: • Medical Paternalism.For this reason we need to consider how best to increase our autonomy, and the autonomy of patients, so that it can at least compete with other important values.

1 Kahneman, D. Thinking, Fast and Slow, London: Penguin Books, Crichton, P. Self-Realization and .Legal paternalism masquerading as patient autonomy Society has to compensate patients harmed by medical procedures without the added burden of proving negligence.

Compensation should not be limited to the tenacious few who can navigate the legal maze and win the litigation lottery.