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The best interest test is the legal mechanism which governs decision making on behalf of adults who lack the capacity to make their own health care treatment decisions. The test has attracted considerable criticism from health professionals, academics, judges and lawyers for being ill-defined and non-specific. The question of what is meant by 'best interests' remains largely unanswered. As a consequence, the test gives medical and legal decision makers considerable discretion to apply their personal value judgements within supposedly value-free philosophical frameworks - unreasoned and opaque decision making processes are the inevitable result. Because of the dominance of supposedly value-free philosophical frameworks, the place of values in decision making is not always fully understood. Reasoning is not possible without values, which stem from our emotions and passions, our upbringing, our religion, our cultures, our processes of socialisation and from our life experiences. Values help us make sense of our daily lives. I argue that law - like any other social institution - is essentially a human, values based construct. I put forward a theory of values-based law which argues for the recognition that laws, rules and conventions are based on, and contain, individual values. Currently, medical and legal decision makers justify grave decisions on behalf of society's most vulnerable citizens without revealing, or even acknowledging the values which drive and inform their decisions. Any opportunities to scrutinise or debate the values driving decisions are lost. Ultimately, values-based law argues that values underlying best interest determinations must be exposed to facilitate honest, transparent and fulsome decision making on behalf of adults who lack capacity. By applying the theory of values-based law, supposedly value-free decision making processes are exposed as insufficient to facilitate fulsome, honest and transparent legal reasoning.

Thesis--Stockholm. / Extra t.p. with thesis statement inserted. Summary in English. Includes bibliographical references (p. 138-147) and index.

Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, Dec. 2004. / Thesis Advisor(s): Kenneth J. Hagan. Includes bibliographical references (p. 199-204). Also available online.

Thesis--Stockholm. / Extra t.p. with thesis statement inserted. Summary in English. Includes bibliographical references (p. 138-147) and index.

Thesis (Ph. D.)--Harvard University, 1988. / Includes bibliographical references (leaves [254]-273).

Thesis--Stockholm. / Extra t.p. with thesis statement inserted. Summary in English. Includes bibliographical references (p. 138-147) and index.

Thesis--Technische Universität Berlin. / Includes bibliographical references (p. 182-189).

Thesis (Ph. D.)--University of California, San Diego, 2006. / Title from first page of PDF file (viewed September 5, 2006). Available via ProQuest Digital Dissertations. Vita. Includes bibliographical references (p. 250-268).

This dissertation examines the popular politics of the anticolonial struggle in Algiers from the perspective of people who participated in the Algerian Revolution at a grassroots level. It is largely the product of interviews conducted with 30 women and men who participated in the revolution in and around Algiers. Their participation in the struggle took diverse forms, including armed combat, material or logistical support to those fighting, participating in strikes or protests, and so on. In examining Algerians' anticolonial struggle 'from below,' I have sought to illuminate different and more plural perspectives of this period of history. In presenting this new material, I put forward a number of critiques on the existing historiography of the Algerian Revolution. My goal has been not only to include those who have been excluded from larger narratives in order to fold them into the political history of the revolution, but to demonstrate how these perspectives challenge those narratives. Finally, I have taken the experiences and perspectives of these Algerians to be a legitimate and productive vantage point from which to reflect on larger theoretical questions of popular politics and revolutions in the colonized world. These include questions about revolution, the diverse political imaginaries of what constitutes liberation and freedom, the means that can justly be used to attain such ends, the blurry lines between resistance and collaboration, the relationship between avant-garde parties and the masses that lend them support, and the different iterations of Islamic politics in modernity.