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Cate FH 《Indiana law journal (Indianapolis, Ind. : 1926)》1994,69(4):1067-1073
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Robertson JA 《Indiana law journal (Indianapolis, Ind. : 1926)》1994,69(4):1027-1065
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This paper describes the development of New Zealand policy on posthumous reproduction in assisted human reproduction. It outlines five perspectives: medical, ethical, cultural, psychosocial and legal and shows the multidisciplinary approach taken by the National Ethics Committee. It is argued that each of these perspectives has important contributions to make to the multidisciplinary approach. The guidelines determined by the Committee are outlined, along with the processes used in arriving at these. 相似文献
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韦伯的社会学是作为包括法律科学在内的整个社会科学的基础而出现的,为我们理解法律现象提供了一个基于社会理论的"外在视角"。以韦伯的法律社会学为基础考察法律自治性的社会理论依据,可以为我们理解包括法律自治在内的现代法律现象提供一把钥匙。 相似文献
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Morris C 《UCLA women's law journal》1997,8(1):47-97
The relationship between society, medicine, and the law is multi-faceted and complex. This Article examines the process of, and the influences on, the construction of fetal personhood in the legal discourses in American and Commonwealth case law and statutes. It demonstrates how the physical and visual separation of the fetus, as made possible by medical advances, has influenced the development of legal doctrine relating to the rights of the fetus. 相似文献
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Deborah Cameron 《Journal of Sexual Aggression》2013,19(2):68-80
Abstract This article originally appeared in Trouble and Strife (Winter 1996/97, pp 44-52) and is reproduced, by kind permission of the original publishers, as Deborah Cameron's thought-provoking analysis of the Rosemary West case is felt to deserve a wider audience. In the article, Deborah Cameron reports that feminists were mostly silent about the Rosemary West case in spite of having an analysis of sex crime, because female perpetrators of sexual murder seemingly did not fit that analysis. She argues, however, that female sexual murderers can be understood within a feminist framework. Identifying Rosemary West as one of only a handful of female sexual murderers, Cameron theorises that Rosemary and Fred West, like other sexual murderers, were constructing a form of identity based on sexual transgression and existential transcendence, perhaps as a strategy for dealing with their own history of abuse. What Cameron also provides us with is an explanation for why sexual murderers are overwhelmingly male, an analysis based on an understanding of the context of patriarchy. 相似文献
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Boyd AJ 《The John Marshall law review》2004,37(4):1253-1288
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Conrad D. Johnson 《Law and Philosophy》1983,2(3):271-303
This paper examines a recurrent debate about the rationale of contractual liability: whether the central object of contract law is to facilitate human interaction by respecting individual choices, or if it is in large part to redistribute wealth, power, and advantages generally. The debate between defenders of freedom of contract and those who would use contract law to advance schemes of redistribution is connected to the long-standing issues between natural-law theories and legal positivism. This paper is divided into two main sections. In the first, the notion of individual autonomy is examined in light of the classical view, most recently advanced by Fried, that the rationale for enforcing contracts is connected to the respect for individual autonomy as such. There is also an examination of the notion of a collective concern, and what it is, from a libertarian point of view, that makes some social goals objectionably collective. The second part of the paper argues that the use of collective resources for the enforcement of contracts brings with it the authority to limit and shape enforcement in the interest of redistribution. 相似文献
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The principle of autonomy underpins legal regulation of advance directives that refuse life-sustaining medical treatment. The primacy of autonomy in this domain is recognised expressly in the case law, through judicial pronouncement, and implicitly in most Australian jurisdictions, through enactment into statute of the right to make an advance directive. This article seeks to justify autonomy as an appropriate principle for regulating advance directives and relies on three arguments: the necessity of autonomy in a liberal democracy; the primacy of autonomy in medical ethics discourse; and the uncontested importance of autonomy in the law on contemporaneous refusal of medical treatment. This article also responds to key criticisms that autonomy is not an appropriate organising principle to underpin legal regulation of advance directives. 相似文献
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强化非营利组织监管体制建设的意义及具体措施 总被引:1,自引:0,他引:1
非营利组织的有序运作离不开严格的监督管理。但是在当前非营利组织蓬勃发展的背后,却存在着严重的管理问题,制约着非营利组织的规范化运营。因此我们必须正确认识强化非营利组织管理的意义,健全其监督管理体制,确保非营利组织的健康持续发展。 相似文献