The Ethical Spirit of EU Law / by Markus Frischhut.

Format:

Book

Author/Creator:

Frischhut, Markus, Author.

Language:

English

Subjects (All):

Law—Philosophy.

Law.

Law—Europe.

Ethics.

Political science.

Theories of Law, Philosophy of Law, Legal History.

European Law.

Philosophy of Law.

Local Subjects:

Theories of Law, Philosophy of Law, Legal History.

European Law.

Ethics.

Philosophy of Law.

Physical Description:

1 online resource (XIX, 157 p. 15 illus., 12 illus. in color.)

Edition:

1st ed. 2019.

Place of Publication:

Cham Springer Nature 2019

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

Language Note:

English

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

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.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

3-030-10582-2

OCLC:

1108542845