Electronic Resource

The Ethical Spirit of EU Law

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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, i.e., especially EU values, human rights and the cornerstone of human dignity.

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Detail Information

Series Title

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Call Number

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Publisher

: Springer Cham., 2019

Collation

XIX, 157 hlm,: ill, lamp;

Language

English

ISBN/ISSN

9783030105822

Classification

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Content Type

text

Media Type

computer

Carrier Type

online resource

Edition

1

Subject(s)

Ethics
Law / Legal History
European Law
Theories of Law
Philosophy of Law

Specific Detail Info

The first comprehensive analysis of the approach that EU law takes concerning ethics Includes a detailed analysis of opinions of the European Commission’s ethics advisory board Offers a concise summary of an extensive research project, illustrated with a wealth of figures and tables

Statement of Responsibility

Markus Frischhut

Other Information

Cataloger

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Source

https://link.springer.com/book/10.1007/978-3-030-10582-2

Validator

ida

Digital Object Identifier (DOI)

https://doi.org/10.1007/978-3-030-10582-2

Journal Volume

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Journal Issue

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Subtitle

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Parallel Title

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