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Assisted Dying and Legal Change

Penney Lewis

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199212873
eISBN:
9780191707063
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199212873.001.0001
Subject:
Law, Criminal Law and Criminology, Medical Law

The question whether assisted dying (euthanasia and assisted suicide) should be legalized is often treated, by judges and commentators alike, as a question which transcends national boundaries and ... More


The ‘Defence of Necessity’ as Legal Grounds for Torture

Yuval Ginbar

in Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the "Ticking Bomb" Justification for Torture

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199540914
eISBN:
9780191716256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199540914.003.0019
Subject:
Law, Human Rights and Immigration

This chapter analyzes national and international legal materials to consider the viability of the ‘defence of necessity’ (DoN) as legal grounds for torturing in a ticking bomb situation. As the ... More


Duties and Necessity

Penney Lewis

in Assisted Dying and Legal Change

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199212873
eISBN:
9780191707063
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199212873.003.0004
Subject:
Law, Criminal Law and Criminology, Medical Law

The defence of necessity was the route used to effectively legalize euthanasia in the Netherlands. The Dutch use of necessity focuses on the key conflict between the duty to preserve life and the ... More


Economic Emergency Powers: A Comparative Law Perspective

Christina Binder and August Reinisch

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0016
Subject:
Law, Constitutional and Administrative Law, Public International Law

The jurisprudence of investment tribunals in cases brought against Argentina in the context of the country's 2001/02 economic crisis show the potential and limits of the necessity defence as codified ... More


Comparing the Mechanisms of Legal Change

Penney Lewis

in Assisted Dying and Legal Change

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199212873
eISBN:
9780191707063
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199212873.003.0006
Subject:
Law, Criminal Law and Criminology, Medical Law

An examination of the differing contours of the legal regulation of assisted dying resulting from the three mechanisms of legal change as well as legislative approaches reveals interesting features. ... More


Part IV—Introduction

Yuval Ginbar

in Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the "Ticking Bomb" Justification for Torture

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199540914
eISBN:
9780191716256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199540914.003.0017
Subject:
Law, Human Rights and Immigration

This chapter introduces Part IV, where three issues raised by the discussion of the models in Part III are to be examined. The question of whether or not the interrogation methods used in the US and ... More


Israel's High Court of Justice Model

Yuval Ginbar

in Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the "Ticking Bomb" Justification for Torture

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199540914
eISBN:
9780191716256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199540914.003.0014
Subject:
Law, Human Rights and Immigration

This chapter describes and analyzes the model of legalized torture established by a 1999 Israeli Supreme Court (as High Court of Justice, HCJ) ruling, under which interrogation of suspected ... More


Compassion

Penney Lewis

in Assisted Dying and Legal Change

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199212873
eISBN:
9780191707063
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199212873.003.0005
Subject:
Law, Criminal Law and Criminology, Medical Law

Jurisprudentially, the main drivers of legal change or attempts at legal change on assisted dying have been rights and the duty-based defence of necessity. An alternative proposal has been made in ... More


Part IV—Conclusions

Yuval Ginbar

in Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the "Ticking Bomb" Justification for Torture

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199540914
eISBN:
9780191716256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199540914.003.0020
Subject:
Law, Human Rights and Immigration

This chapter concludes Part IV, and examines practical aspects of applying criminal law defences to interrogators who torture terrorists. Under international law, states cannot ever justify torture ... More


Conscience and Conviction: The Case for Civil Disobedience

Kimberley Brownlee

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199592944
eISBN:
9780191746109
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592944.001.0001
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This book shows that civil disobedience is more defensible than private conscientious objection. Part I distinguishes conviction from conscience, shedding light on the former as something non-evasive ... More


The Landau Model in Israel

Yuval Ginbar

in Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the "Ticking Bomb" Justification for Torture

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199540914
eISBN:
9780191716256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199540914.003.0012
Subject:
Law, Human Rights and Immigration

This chapter describes and analyzes the Landau model of legalized torture, under which interrogation of suspected terrorists was regulated in Israel between 1987 and 1999, with Supreme Court ... More


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