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Legal Debates (legal + debate)
Selected AbstractsPerspectives on human stem cell researchJOURNAL OF CELLULAR PHYSIOLOGY, Issue 3 2009Kyu Won Jung Human stem cell research draws not only scientists' but the public's attention. Human stem cell research is considered to be able to identify the mechanism of human development and change the paradigm of medical practices. However, there are heated ethical and legal debates about human stem cell research. The core issue is that of human dignity and human life. Some prefer human adult stem cell research or iPS cell research, others hES cell research. We do not need to exclude any type of stem cell research because each has its own merits and issues, and they can facilitate the scientific revolution when working together. J. Cell. Physiol. 220: 535,537, 2009. © 2009 Wiley-Liss, Inc. [source] Public Good, Private Protections: Competing Values in German Transplantation LawLAW & POLICY, Issue 2 2002Linda Hogle Organ transplantation has become almost routine practice in many industrialized countries. Policy, ethical, and legal debates tend to center on fairness of allocation rules or alternatives to promote greater numbers of donations. There are also certain beliefs about the use of bodily materials that are often presumed to be homogenous across Euro,American societies. In Germany, however, the idea of using the bodies of some for the good of others, and the right to proclaim some bodies dead for large,scale medical and political purposes is highly charged. This is due to the historical context of medical experimentation, selection, and euthanasia under National Socialism, and the former East German socialist policies which intervened in the private lives and bodies of citizens. This article is based on an ethnography of organ procurement practices during the period when German policymakers struggled with writing a transplant law. Active public resistance revealed deep concern about state intervention in private matters and amplified the growing unrest over definitions of moral community in a changing, post,reunification society. The article shows how public disputes about health policy become a way through which societies deal with other social conflicts. [source] Judging Bias: Juror Confidence and Judicial Rulings on Challenges for CauseLAW & SOCIETY REVIEW, Issue 3 2008Mary R. Rose The judge in a jury trial is charged with excusing prospective jurors who will not be impartial. To assess impartiality, prospective jurors are typically asked whether they can be fair. Using an experimental paradigm, we found that small changes in jurors' self-reported confidence in their ability to be fair affected judges' decisions about bias but did not affect the judgments of either attorneys or jurors. We suggest why a judge's role and unique relationship with jurors is likely to foster a decision strategy based on reported juror confidence, and we discuss the implications of our analysis for current legal debates over jury selection practices. Unexpected patterns in our results also highlight the ways in which perceptions of impartiality are affected, in part, by the social characteristics of the observer. [source] To belong or not to belong: the Roma, state violence and the new Europe in the House of LordsLEGAL STUDIES, Issue 4 2001David Fraser Issues of national sovereignty and membership in the body politic are central to many current political and legal debates surrounding ,New Britain' and Europe. Traditional understandings of citizenship and belonging are grounded in the ideal of a territorially limited and defined nation state. In this article, I explore a series of judicial and political decisions surrounding the fate of Roma or Gypsies, both as claimants to refugee status in Britain, or as subjects of domestic legal controls. I argue that these decisions construct this nomadic Other as a fundamental danger and challenge to the coherence of the legally protected body politic of the nation state ,Britain' . I argue that the deconstructive excess found in the construction of the Roma as dangerous nomads, without allegiance to a fixed and geographically delimited nation state, might contain the kernel for a possible re-imagining of the basis of our understandings of citizenship and belonging. [source] Death Penalty Resistance in the USTHE HOWARD JOURNAL OF CRIMINAL JUSTICE, Issue 4 2002J. Robert Lilly In recent years popular support for the death penalty in the US has begun to wane. This article discusses some of the reasons for this development including evidence that innocent individuals have been put to death. Other reasons involve legal debates about executing the mentally retarded, racial disparity and LWOP (Life Without Parole) as an alternative. [source] Cohabitation and Comparative MethodTHE MODERN LAW REVIEW, Issue 1 2009Robert Leckey The paper intervenes in current policy debates on unmarried cohabitation and comparative law debates on methodology. It adopts a culturally alert, discursive methodology of comparison to study regulation of unmarried cohabitation under the common law and civil law as well as the effect of an entrenched right to equality protecting against marital status discrimination. It identifies not different legislative solutions to a common problem, but distinct discourses of family law regulation. Yet the approaches are less radically opposed than is often thought. Discursive comparison tends to highlight dominant voices at the expense of minority ones, wrongly characterising minority views as foreign to a tradition. Discursive comparison should not confine itself to a synchronic view of present legal debates; a richer diachronic approach will also attend to views within a legal tradition's past. [source] | ||||||||||