Autonomy as an Element of Human Dignity in South African Case Law
Donrich W Jordaan

Human dignity features prominently in various international human rights instruments. In addition, human dignity is also a central concept in biolaw and bioethics - fields that are becoming increasingly relevant as the biological revolution dawns on mankind. But what exactly is meant by human dignity? Especially in the fields of biolaw and bioethics, human dignity has been used to support various divergent points of view. This apparent absence of a clear meaning creates questions about the usefulness of this concept, and valid fears that it can easily serve to camouflage ... More...

NEJM, Drug Companies, and the FDA: The Conflict Underlying Levine v. Wyeth

Charlene L. Smith

“Nothing new under the sun.” Product manufacturers, drug companies, and even tug boat owners want to set their own standards when it comes to the products they make or the work they do. Additionally, they want those standards to protect them from tort liability. Even in the 1930’s, a tug boat company tried to argue that the custom of the industry at that time should protect them from liability. Most tug boats did not have radios on board to warn them of imminent storms... More...

An Analysis of the Legal Classification of Animals: Toward a Step-wise Deconstruction of the Property Status of Animals
Ernest Waintraub

...This property classification originates from our common law, which in turn derives from ancient laws and philosophies whose foundations have long since been discredited by scientific and moral progress.  Science has shown that animal physiology and psychology is so similar to that of humans that any difference in interest must be one of degree and not kind.  Moral tenets dictate that competing interests should be analyzed according to the principle of equal consideration so ... More...