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- Falk Erhag, Hanna, et al.
(författare)
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A Multidisciplinary Approach to Capability in Age and Ageing
- 2022
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Bok (övrigt vetenskapligt/konstnärligt)abstract
- This open access book provides insight on how to interpret capability in ageing – one’s individual ability to perform actions in order to reach goals one has reason to value – from a multidisciplinary approach. With for the first time in history there being more people in the world aged 60 years and over than there are children below the age of 5, the book describes this demographic trends as well as the large global challenges and important societal implications this will have such as a worldwide increase in the number of persons affected with dementia, and in the ratio of retired persons to those still in the labor market. Through contributions from many different research areas, it discussed how capability depends on interactions between the individual (e.g. health, genetics, personality, intellectual capacity), environment (e.g. family, friends, home, work place), and society (e.g. political decisions, ageism, historical period). The final chapter by the editors summarizes the differences and similarities in these contributions. As such this book provides an interesting read for students, teachers and researchers at different levels and from different fields interested in capability and multidisciplinary research.
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- Munthe, Christian, 1962
(författare)
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The Price of Precaution and the Ethics of Risk
- 2011
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Bok (övrigt vetenskapligt/konstnärligt)abstract
- Since a couple of decades, the notion of a precautionary principle plays a central and increasingly influential role in international as well as national policy and regulation regarding the environment and the use of technology. Urging society to take action in the face of potential risks of human activities in these areas, the recent focus on climate change has further sharpened the importance of this idea. However, the idea of a precautionary principle has also been problematised and criticised by scientists, scholars and policy activists, and been accused of almost every intellectual sin imaginable: unclarity, impracticality, arbitrariness and moral as well as political unsoundness. In that light, the very idea of precaution as an ideal for policy making rather comes out as a dead end. On the basis of these contrasting starting points, Christian Munthe undertakes an innovative, in-depth philosophical analysis of what the idea of a precautionary principle is and should be about. A novel theory of the ethics of imposing risks is developed and used as a foundation for defending the idea of precaution in environmental and technological policy making against its critics, while at the same time avoiding a number of identified flaws. The theory is shown to have far-reaching consequences for areas such as bio-, information- and nuclear technology, and global environmental policy in areas such as climate change. The author argues that, while the price we pay for precaution must not be too high, we have to be prepared to pay it in order to act ethically defensible. A number of practical suggestions for precautionary regulation and policy making are made on the basis of this, and some challenges to basic ethical theory as well as consumerist societies, the global political order and liberal democracy are identified
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- Cutas, Daniela, 1978, et al.
(författare)
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Legal imperialism in the regulation of stem cell research and therapy: the problem of extraterritorial jurisdiction
- 2010
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Ingår i: Capps BJ & Campbell AV (eds.). CONTESTED CELLS: Global Perspectives on the Stem Cell Debate. - London : Imperial College Press. - 9781848164376 ; , s. 95-119
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- Countries worldwide have very different national regulations on human embryonic stem (ES) cell research, informed by a range of ethical values. Some countries find reason to extend the applicability of their regulations on such research to its citizens when they visit other countries. Extraterritorial jurisdiction has recently been identified as a potential challenge towards global regulation of ES cell research. This chapter explores the implications and impact of extraterritorial jurisdiction and global regulation of ES cell research on researchers, clinicians and national health systems, and how this may affect patients. The authors argue that it would make ethical sense for ES cell restrictive countries to extend its regulations on ES cell research beyond its borders, because, if these countries really consider embryo destruction to be objectionable on the basis on the status of the embryo, then they ought to count it morally on par with murder (and thus have a moral imperative to protect embryos from the actions of its own citizens). However, doing so could lead to a legal situation that would result in substantial harm to central values in areas besides research, such as health care, the job market, basic freedom of movement, and strategic international finance and politics. Thus, it seems that restrictive extraterritorial jurisdiction in respect to ES cell research would be deeply problematic, given that the ethical permissibility of ES cell research is characterised by deep and wide disagreement.
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Degraded and restituted towns in Poland: Origins, development, problems : Miasta zdegradowane i restytuowane w Polsce. Geneza, rozwój, problemy
- 2015
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Samlingsverk (redaktörskap) (övrigt vetenskapligt/konstnärligt)abstract
- One of the less known problems in settlement geography is the issue of so-called degraded and restituted towns. This lack of reconnaissance, however, is perhaps less the result of the towns’ scarcity than their specificity of being ‘awarded’ or ‘deprived of’ an urban label by means of strictly socio-political actions. Degraded and restituted towns, hence, are spatial units made ‘urban’ or ‘rural’ instantaneously, irrespective of their de facto state along what is widely considered a gradual path of (de)urbanization. Instead, they become compartmentalized into two constructed spatial categories that have survived the onslaught of material transformations and philosophical repositioning through different whims of time. While ‘rural’ and ‘urban’ are conceptual binaries that certainly need to be treated with caution, their cultural salience may cause tangible consequences within national administrative systems that abide by a formalized rural-urban distinction. This issue becomes particularly important for settlements that clearly transcend any imagined rural-urban divide, i.e. those, whose material and immaterial characteristics seem counterfactual to their assigned category. It is also crucial in formal practices designed to avert such counterfactualities, but whose ran-domness of approach more creates confusion than helps straighten out a historical concoction. Both processes, nonetheless, lend ‘urbanity’ and ‘rurality’ a resonance of objectivity, justifying their use as guides for a host of developmental endeavors, despite subverting a much more intricate reality. Degraded and restituted towns are direct derivatives of this. Drawing on the above-mentioned irreconcilabilities, the aim of this book is to present and scrutinize degraded and restituted towns through the example of Poland, where these towns occupy a special niche. For one, Poland, due to its chequered and variegated history, is home to a conspicuously large number of degraded (831) and restituted (236) towns; for another, Poland’s relentlessness of formalizing ‘urbanity’ as a category of statistical, political and cultural guidance has a direct bearing on the lives of the towns’ residents. Realizing the intricacy of degraded and restituted towns in the face of commonplace ru-ral-urban ideations, the editors and the 17 contributing Authors of this book have made an effort to capture the towns’ complexity with special foci on their shrouded origins, developmental specificity and incurred problems. Owing to the involvement of researchers from different scientific disciplines and subdisciplines, the undertaken project has helped elucidate the problem from multiple perspectives: spatial, social, demographic, economic, environmental, historical, architectural, cultural, legal and philosophical. Allocated into 17 chapters, not only have the presented interpretations allowed for a first interdisciplinary synthesis on the topic, but they also helped outline some prospective directions for future research. Moreover, collecting materials of such diversity into an amalgamated whole has helped identify specific discourses that enwrap the concept of “urbanity” when seen through its oscillations within formal contexts, and to which degraded and restituted towns serve as expendable game pieces. By combining knowledge arrived at through ontologically and epistemologically different approaches, the incremental contribution of this book as a whole could be summarized in two attainments: a) extending theoretical frameworks used to study degraded and restituted towns in terms of definition, conceptualization and assessing predispositions for future de-velopment on account of their spatial, legal, socio-economic and historical charac-teristics; b) initiating an anticipated discussion on a number of important and current topics re-lated to the practices of degradation and restitution that have not received adequate attention, e.g., the urbanity-vs.-rurality paradox, the changeability of human settlement forms vs. the consequences of rigid spatial categorizations; the role of various actors in shaping the socio-economic reality under the guise of an ossified binary; or identifying spatio-conceptual conflicts as future challenges for local, regional and national policy.
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- Karlsson-Tuula, Marie, 1961-
(författare)
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Rekonstruktion av företag inom insolvenslagstiftningens ramar : en jämförande studie av svensk och amerikansk insolvensrätt
- 2001
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Insolvency law is the rooth of commercial and financial law because it obliges the legislator to chose. There is not enough money to go round so the law must chose who to pay. The law must always decide who is to bear the risk so there is always a winner and a loser. The insolvency law has been at the policy agenda in many countries in the last years. In France, Germany, Italy, Japan and other countries have the legal frameworks changed from liquidation procedures to reorganization business. The legal situation in Sweden has also changed from compositions to reorganization business, lagen om företagsrekonstruktion. The key issues are to encourage the formal proceeding by enlarging the debtors control of the business and by inroads creditors rights, in which case the proceeding is pro-debtor.This dissertation compares Swedish and American Bankruptcy Codes with respect to similarities and differences at macro- and micro perspectives. Chapter 11 Reorganization Business in America provides a corporate rehabilitation model, which has been used in other countries. The dissertation also compares the use of the concepts of - the purpose, - the function and - the direction of Swedish and American Bankruptcy Laws in order to establish whether the law is pro-debtor or pro-creditor. The key indicators of whether the rescue proceeding is pro-debtor or pro-creditor include; - How easy it is to enter the rescue proceeding. Debtor's incentives to commence proceeding, freeze on executions and liquidation petitions, impact on security, impact on title of finance, impact on set-off and netting, impact on contract rescissions and lease forfeitures. Disclaimer and abandonment, ability to replace the management, financing of the rescue, scope of the rehabilitation plan. It is argued that the optimal bankruptcy law can be achieved if the law purpose, the function and the law direction relate to each other in Sweden, in both reorganization business and in the liquidation code and it also compared with the American Bankruptcy Code. According to my opinion this is important both in a national and international context.The dissertation also deals with debtor's contract in an insolvency situation in reorganization business and in liquidation. Swedish Laws are compared to the American Bankruptcy Code and point out similarities and differences. In the American Bankruptcy Code there is a special section 365 § BC dealing with executory contract, this section is nearly the same for both the reorganization- and liquidationproceedings. The contracts must be unperformed which means the obligation of both the bankrupt and the other party in the contract are so far unperformed that the failure of either to complete performance would constitute a material breach excusing the performance of the other. If the contract is unperformed the debtor has the possibility to chose if the contracts shall be assumed, assumed and assigned or rejected. Section 365 § BC requires the court to consider whether assumption of the contract in question will further be needed in either rehabilitation or liquidation of the bankruptcy estate. The court reviews the financial impact of the estate and if it is benefiting becoming administratively obligated to perform. The court also review if is best to breach the contract. In Sweden we have different sections which regulate the situation. One section in our reorganization law, lagen om företagsrekonstruktion, we also have two special sections in the law of Sale of Goods, which deals with contract when a debtor became insolvent or file for reorganization business. But we don't have any section in our liquidation law, konkurslagstiftningen, which in my opinion is very strange. We also have a problem with the legislation about swaps and netting which are regulated in a special law, lagen om handel med finansiella intrument. Particular attention is given to the advantages and disadvantages of the existing rules in Swedish legal system compared with 365 § in American Bankruptcy Code. From a national point of view such section should preferably include all types of contract in only one section which is nearly the same as the American model of section 365 §.
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