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Book/Printed Material The Ethical Spirit of EU Law

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Title

  • The Ethical Spirit of EU Law

Summary

  • This open access book seeks to identify the ethical spirit of European Union (EU) law, a context in which we can observe a trend towards increasing references to the terms 'ethics' and 'morality.' This aspect is all the more important because EU law is now affecting more and more areas of national law, including such sensitive ones as the patentability of human life. Especially when unethical behaviour produces legal consequences, the frequent lack of clearly defined concepts remains a challenge, particularly against the background of the principle of legal certainty. This raises the question to which extent the content of these references is determined and whether it is possible to identify an ethical spirit of EU law. Answering that question, in turn, entails addressing the following questions: In references to ethics concerning EU law, can we identify references to a particular theory of practical philosophy at all; and, if so, to one or more normative ethical theories (deontology, consequentialism, or virtue ethics)? Further, should these non-legal concepts be imported in an unaltered way ("absolute approach"), or be adapted to the legal context ("relative approach")? This book explores the different layers of EU law (primary law, agreements, secondary law, and tertiary law), including the role of ethics in EU lawmaking and in EU case law, as well as the implementation of relevant EU directives in selected Member States. In addition to the above-mentioned normative philosophical lens, the book also analyzes the findings from the legal lens of EU integration, id est, especially EU values, human rights and the cornerstone of human dignity.

Names

  • Frischhut, Markus, author.

Created / Published

  • Cham : Springer International Publishing : Imprint: Springer, 2019.

Contents

  • Setting the agenda -- Normative theories of practical philosophy -- Status quo of ethics and morality in EU law -- Philosophical Lens -- Legal lens -- Conclusion and suggestions for improvement.

Headings

  • -  Ethics
  • -  Law--Philosophy
  • -  Law--Europe
  • -  Law
  • -  Political science
  • -  Theories of Law, Philosophy of Law, Legal History
  • -  European Law
  • -  Philosophy of Law

Notes

  • -  Description based on publisher-supplied MARC data.
  • -  Law and Criminology (R0) (SpringerNature-43727)
  • -  Law and Criminology (SpringerNature-41177)

Medium

  • 1 online resource (XIX, 157 pages 15 illustrations, 12 illustrations in color.)

Digital Id

Library of Congress Control Number

  • 2019762263

Rights Advisory

Access Advisory

  • Unrestricted online access
  • Open Access

Online Format

  • image
  • epub

Additional Metadata Formats

Rights & Access

The books in this collection are licensed under open access licenses allowing for the reuse and distribution of each book following the terms described in each license. Researchers should consult the Rights Advisory statement for each title and the accompanying license details for information about rights and permissions associated with each of the licenses.

More about Copyright and other Restrictions.

Cite This Item

Citations are generated automatically from bibliographic data as a convenience, and may not be complete or accurate.

Chicago citation style:

Frischhut, Markus, Author. The Ethical Spirit of EU Law. Cham: Springer International Publishing: Imprint: Springer, 2019. Image. https://aj.sunback.homes/item/2019762263/.

APA citation style:

Frischhut, M. (2019) The Ethical Spirit of EU Law. Cham: Springer International Publishing: Imprint: Springer. [Image] Retrieved from the Library of Congress, https://aj.sunback.homes/item/2019762263/.

MLA citation style:

Frischhut, Markus, Author. The Ethical Spirit of EU Law. Cham: Springer International Publishing: Imprint: Springer, 2019. Image. Retrieved from the Library of Congress, <aj.sunback.homes/item/2019762263/>.