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This book focuses on regulatory reforms and the autonomization and agencification of public sector organizations across Europe, Canada, New Zealand and Australia. The central argument of the book is that regulation and agencification occur and perform in tandem. Comparative analysis on the processes, effects and implications of regulatory reform and the establishment of semi-independent agencies are undertaken, and the practice of trade-offs between political control and agency autonomy is explored. The contributors also discuss the challenges of fragmentation, coordination, 'joined-up' government and other government initiatives in the aftermath of the New Public Management movement and its focus on agencification. Finally, the complexity of deregulation/re-regulation, new emergent forms of regulation, control and auditing as well as reassertion of the centre are examined. Until now, there has been little attempt to link the study on regulation and regulatory reforms with that of autonomous central agencies. In this book the two fields are brought together. Autonomy and Regulation will find its audience amongst scholars and researchers working in the areas of political science, public administration and public management, organization theory, institutional analyses and comparative administration. It will also appeal to scholars and those directly involved in public sector and regulatory reforms including politicians and managers.
This book presents current research on self-regulation and autonomy, which have emerged as key predictors of health and well-being in several areas of psychology.
This book investigates the limits of the legitimate role of the state in regulating the human body. It questions whether there is a public interest in issues of bodily autonomy, with particular focus on reproductive choices, end of life choices, sexual autonomy, body modifications and selling the body. The main question addressed in this book is whether such autonomous choices about the human body are, and should be, subject to state regulation. Potential justifications for the state's intervention into these issues through mechanisms such as the criminal law and regulatory schemes are evaluated. These include preventing harm to others and/or to the individual involved, as well as more abstract concepts such as public morality, the sanctity of human life, and the protection of human dignity. The State and the Body argues that the state should be particularly wary about encroaching upon exercises of autonomy by embodied selves and concludes that only interventions based upon Mill's harm principle or, in tightly confined circumstances, the dignity of the human species as a whole should suffice to justify public intervention into private choices about the body.
Regulatory Autonomy in International Economic Law provides the first extensive legal analysis of Australia’s trade and investment treaties in the context of their impact on national regulatory autonomy. This thought-provoking study offers compelling lessons for not only Australia but also countries around the globe in relation to pressing current problems, including the uncertain future of the World Trade Organization and widespread concerns about the legitimacy of investor–State dispute settlement.
This book considers how the interplay between multilateral and preferential liberalisation of trade in services increasingly raises concerns, both from the perspective of the beneficiaries of such liberalisation (whose rights are uncertain) and that of regulators (whose regulatory autonomy is constrained). The author shows how these concerns lead to vast underutilisation of, and strong prejudices against, the benefits of services liberalisation. The book meticulously analyses and compares the EU's obligations under the GATS and the services chapters of several RTAs to finally assess the merits of the raised concerns.
Alasdair Maclean analyses the ethical basis for consent to medical treatment, providing both an extensive reconsideration of the ethical issues and a detailed examination of English law. Importantly, the analysis is given a context by situating consent at the centre of the healthcare professional-patient relationship. This allows the development of a relational model that balances the agency of the two parties with their obligations that arise from that relationship. That relational model is then used to critique the current legal regulation of consent. To conclude, Alasdair Maclean considers the future development of the law and contrasts the model of relational consent with Neil Manson and Onora O'Neill's recent proposal for a model of genuine consent.
This new book provides a clear and accessible analysis of the various ways in which human reproduction is regulated. A comprehensive exposition of the law relating to birth control,abortion, pregnancy, childbirth, surrogacy and assisted conception is accompanied by an exploration of some of the complex ethical dilemmas that emerge when one of the most intimate areas of human life is subjected to regulatory control. Throughout the book, two principal themes recur. First, particular emphasis is placed upon the special difficulties that arise in regulating new technological intervention in all aspects of the reproductive process. Second, the concept of reproductive autonomy is both interrogated and defended. This book offers a readable and engaging account of the complex relationships between law, technology and reproduction. It will be useful for lecturers and students taking medical law or ethics courses. It should also be of interest to anyone with a more general interest in women's bodies and the law, or with the profound regulatory consequences of new technologies.
This book explores the importance of autonomy in family law. It argues that traditional understandings of autonomy are inappropriate in the family law context and instead recommends the use of relational autonomy. The book starts by explaining how autonomy has historically been understood, before exploring the problems with its use in family law. It then sets out the model of relational autonomy which, it will be argued, is more appropriate in this context. Finally, some examples of practical application are presented. The issues raised and theoretical discussion is relevant to any jurisdiction.
This volume presents the reader with a stimulating tapestry of essays exploring the nature of personal autonomy, self-determination, and agency, and their role in human optimal functioning at multiple levels of analysis from personal to societal and cross-cultural. The starting point for these explorations is self-determination theory, an integrated theory of human motivation and healthy development which has been under development for more than three decades (Deci & Ryan, 2000). As the contributions will make clear, psychological autonomy is a concept that forms the bridge between the dependence of human behavior on biological and socio-cultural determinants on the one side, and people’s ability to be free, reflective, and transforming agents who can challenge these dependencies, on the other. The authors within this volume share a vision that human autonomy is a fundamental pre-condition for both individuals and groups to thrive, and that without understanding the nature and mechanisms of autonomous agency vital social and human problems cannot be satisfactory addressed. This multidisciplinary team of researchers will collectively explore the nature of personal autonomy, considering its developmental origins, its expression within relationships, its importance within groups and organizational functioning, and its role in promoting to the democratic and economic development of societies. The book is aimed toward developmental, social, personality, and cross-cultural psychologists, towards researchers and practitioners’ in the areas of education, health and medicine, social work and, economics, and also towards all interested in creating a more sustainable and just world society through promoting individual freedom and agency. This volume will provide a theoretical and conceptual account of the nature and psychological mechanisms of personal motivational autonomy and human agency; rich multidisciplinary empirical evidence supporting the claims and propositions about the nature of human autonomy and capacities for self-regulation; explanations of how and why different psychological and socio-cultural conditions may play a role in promoting or undermining people’s autonomous motivation and well-being, discussions of how the promotion of human autonomy can positively influence environmental protection, democracy promotion and economic prosperity.
This book discusses the common principles of morality and ethics derived from divinely endowed intuitive reason through the creation of al-fitr' a (nature) and human intellect (al-‘aql). Biomedical topics are presented and ethical issues related to topics such as genetic testing, assisted reproduction and organ transplantation are discussed. Whereas these natural sources are God’s special gifts to human beings, God’s revelation as given to the prophets is the supernatural source of divine guidance through which human communities have been guided at all times through history. The second part of the book concentrates on the objectives of Islamic religious practice – the maqa' sid – which include: Preservation of Faith, Preservation of Life, Preservation of Mind (intellect and reason), Preservation of Progeny (al-nasl) and Preservation of Property. Lastly, the third part of the book discusses selected topical issues, including abortion, assisted reproduction devices, genetics, organ transplantation, brain death and end-of-life aspects. For each topic, the current medical evidence is followed by a detailed discussion of the ethical issues involved.