Erstes Streichquartett, Op. 69

Wicks, John D.; Sehlbach, Erich; Zipp, Friedrich; Baaren, Kees van; Piston, Walter; Fuleihan, Anis; Ives, Charles

doi:10.2307/894534

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“…62 This finding has been criticized for 'its abject failure to grapple with the question of whether Article 2 seeks to uphold the sanctity of life in a relatively strict form' or as an instrumental value. 63 If the sanctity of life is a principle of instrumental value, so that the preservation of life enables a set of 'interests', then the 'best interests' test is consistent with the principle of sanctity of life. If, however, Article 2 'carries with it' an intrinsic (noninstrumental) value, then the Bland principles may be inconsistent with the right to life.…”

Section: Looking Straight Through the Rightmentioning

confidence: 99%

Human Rights Reasoning and Medical Law: A Sceptical Essay

Wall

2014

Bioethics

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I am sceptical as to the contribution that human rights can make to our evaluation of medical law. I will argue here that viewing medical law through a human rights framework provides no greater clarity, insight or focus. If anything, human rights reasoning clouds any bioethical or evaluative analysis. In Section 1 of this article, I outline the general structure of human rights reasoning. I will describe human rights reasoning as (a) reasoning from rights that each person has 'by virtue of their humanity', (b) reasoning from rights that provide 'hard to defeat' reasons for action and (c) reasoning from abstract norms to specified duties. I will then argue in Section 2 that, unless we (a) re-conceive of human rights as narrow categories of liberties, it becomes (b) necessary for our human rights reasoning to gauge the normative force of each claim or liberty. When we apply this approach to disputes in medical law, we (in the best case scenario) end up (c) 'looking straight through' the human right to the (disagreement about) values and features that each person has by virtue of their humanity.

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Section: Looking Straight Through the Rightmentioning

confidence: 99%

Human Rights Reasoning and Medical Law: A Sceptical Essay

Wall

2014

Bioethics

View full text Add to dashboard Cite

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Erstes Streichquartett, Op. 69

Cited by 1 publication

References 0 publications

Human Rights Reasoning and Medical Law: A Sceptical Essay

Human Rights Reasoning and Medical Law: A Sceptical Essay

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