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166 result(s) for "Jonathan Herring"
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كيف تقرر ماذا تفعل عندما لا تعرف ماذا تفعل
نحن جميعا نصنع المئات من القرارات كل يوم والتي تتراوح من قرارات شديدة التفاهة إلى القرارات التي تغير مجرى الحياة بعض القرارات يمكن أن تصنعها دون تفكير تقريبا والبعض الآخر نشعر بأنه صعب لدرجة أننا لا نستطيع أن نصنع القرار وهنا يأتي دور هذا الكتاب الصغير البارع فهو بمنتهى البساطة يسير بك خلال أي قرار تواجهه ويساعدك على الوصول إلى خاتمة حازمة وسعيدة بمعرفة أنك قد فكرت بشكل ملائم في كل شيء بمجرد أن تتعلم كيف تشرع في صنع القرارات ستتمكن من مواجهة أي موقف بذهن صاف وعقل هادئ وبيقين أنك سوف تتخذ أفضل قرار ممكن.
Compassion, ethics of care and legal rights
This paper will explore the difficulties facing law in promoting compassion and responding to caring relationships. These include the difficulties in determining whether a person has demonstrated compassion and in enforcing any legal requirement for compassion. The paper will use the ethics-of-care literature to critique two key legal tools: human rights and the concept of best interests. These concepts are typically designed to promote individualistic abstract understandings of the self, which are problematic when used in the setting of intimate relationships. However, this paper will suggest that it might not be necessary to abandon the concepts of rights and best interests. They may be useful for setting the boundaries for a space in which appropriate care and compassion can be exercised. It will also be suggested that both rights and best interests are not immune from a relational analysis and might, with appropriate modification, be used to promote the exercise of compassionate relational care.
THE NATURE AND SIGNIFICANCE OF THE RIGHT TO BODILY INTEGRITY
This article seeks to explain and explore the concept of bodily integrity. The concept is often elided with autonomy in the case law and the academic literature. It argues that bodily integrity is non-reducible to the principle of autonomy. Bodily integrity relates to the integration of the self and the rest of the objective world. A breach of it, therefore, is significantly different to inteference in decisions about your body. This explains why interference with bodily integrity requires justification beyond what will suffice for an interference with autonomy. It also explores how this understanding of bodily integrity assists in understanding disability, gender and separated bodily material.
The Use of “Retardation” in FRAXA, FMRP, FMR1 and Other Designations
The European Fragile X Network met in Wroclaw, Poland, November 2021, and agreed to work towards the eradication of the word “retardation” in regard to the naming of the fragile X gene (FRAXA) and protein (FMRP). There are further genes which have “retardation” or abbreviations for “retardation” in their names or full designations, including FMR1, FMR2, FXR1, FXR2, NUFIP1, AFF1, CYFIP1, etc. “Retardation” was commonly used as a term in years past, but now any reference, even in an abbreviation, is offensive. This article discusses the stigmatisation associated with “retardation”, which leads to discrimination; the inaccuracy of using “retardation” in these designations; and the breadth of fragile X syndrome being beyond that of neurodiversity. A more inclusive terminology is called for, one which ceases to use any reference to “retardation”. Precedents for offensive gene names being altered is set out. The proposal is to approach the HGNC (HUGO [Human Genome Organisation] Gene Nomenclature Committee) for new terminology to be enacted. Ideas from other researchers in the field are welcomed.
Naming and Describing Disability in Law and Medicine
This article explores the effects of naming and describing disability in law and medicine. Instead of focusing on substantive issues like medical treatment or legal rights, it will address questions which arise in relation to the use of language itself. When a label which is attached to a disability is associated with a negative meaning, this can have a profound effect on the individual concerned and can create stigma. Overly negative descriptions of disabilities can be misleading, not only for the individual, but also more broadly in society, if there are inaccurate perceptions about disability in the social context. This article will examine some relevant examples of terminology, where these issues arise. It will also suggest that the role of medicine and the law in naming and describing disability is particularly important because in these areas there is, perhaps more than anywhere else, a recognized source of authority for the choice of terminology. Labels and descriptions used in the medical and legal contexts can not only perpetuate existing stigmatization of disabled people, but can also contribute to creating stigma at its source, given that the words used in these contexts can constitute an exercise of power.
A right to live without stigma? Examining negative stereotyping, negative messages, and Article 8 of the European Convention on Human Rights
The purpose of this paper is to examine the contours of evolving jurisprudence on offensive expression and negative messages, and to suggest that it can best be understood by reference to the concept of stigma. At the European Court of Human Rights, there appears to have been an increasing willingness to recognise the harm of offensive expression through an interpretation of Article 8 of the European Convention on Human Rights, but the reach of this case law remains uncertain. In particular, while some cases associate negative expression with negative stereotyping, not all of these cases do, and there are potential conflicts with freedom of speech. In the domestic context, these issues recently arose in a significant case from the Court of Appeal, R (Crowter) v Secretary of State for Health and Social Care . In this case, the appellants argued that a legal provision sends a negative ‘message’, through the negative stereotyping of disabled people, but this ‘message’ is implicit, rather than explicitly articulated. While these developments raise important questions about the future evolution of case law, we propose that a focus on stigma can more clearly highlight the harms involved.
Doctor in court: What do lawyers really need from doctors, and what can doctors learn from lawyers?
Doctors and lawyers are usually well-educated, thoughtful people. Both groups have to assimilate large amounts of information and use it to make decisions. But the way that they do it is very different. Doctors have a better chance of helping courts to make good decisions if they understand exactly what courts need from them.