The main aim of this research is to show the true dimension of the hierarchy principle, its scope and its limits. The goal is to overcome the normative vision of this principle, observing how it operates in other juridical elements, as charges, ends, values, goods, principles and rights. A philosophical, speculative and abstract method is used, endorsed with examples from the law of several nations and the international law. As the greatest debate in this field is the hierarchy of rights, viewed skeptically by a big part of the doctrine, this paper focuses on seeing how the hierarchy might work there. The analysis has a tripartite structure: a) exposition of the problem, b) exposition of notions, and c) resolution of the problem using the provided notions. In the first comprises the hierarchy principle, its positive and negative functions, and its conditions and limits, defining the poss...

The main aim of this research is to show the true dimension of the hierarchy principle, its scope and its limits. The goal is to overcome the normative vision of this principle, observing how it operates in other juridical elements, as charges, ends, values, goods, principles and rights. A philosophical, speculative and abstract method is used, endorsed with examples from the law of several nations and the international law. As the greatest debate in this field is the hierarchy of rights, viewed skeptically by a big part of the doctrine, this paper focuses on seeing how the hierarchy might work there. The analysis has a tripartite structure: a) exposition of the problem, b) exposition of notions, and c) resolution of the problem using the provided notions. In the first comprises the hierarchy principle, its positive and negative functions, and its conditions and limits, defining the...

The present work fills a frequent gap in bioethical literature, which tends to be more focused on patient rights (especially autonomy) and physician duties. From a more interpersonal, bioethical, and legal perspective, this work highlights the forgotten aspects of the doctor-patient relationship to balance the positions of the parties. For this purpose, following a historical introduction, the human significance of the doctor-patient relationship is examined. This is then compared with a list of human rights and ethical-legal standards (taken from another work), as well as with some current regulations. In this way, the main rights of the doctor and the duties of the patient are systematically analyzed. This new approach highlights some forgotten aspects of this relationship, such as: the patient’s primary duty to take care of themselves, their duty to collaborate with medical work, an...

The main aim of this research is to show the true dimension of the hierarchy principle, its scope and its limits. The goal is to overcome the normative vision of this principle, observing how it operates in other juridical elements, as charges, ends, values, goods, principles and rights. A philosophical, speculative and abstract method is used, endorsed with examples from the law of several nations and the international law. As the greatest debate in this field is the hierarchy of rights, viewed skeptically by a big part of the doctrine, this paper focuses on seeing how the hierarchy might work there. The analysis has a tripartite structure: a) exposition of the problem, b) exposition of notions, and c) resolution of the problem using the provided notions. In the first comprises the hierarchy principle, its positive and negative functions, and its conditions and limits, defining the...