Author: A. M. Viens
Publisher: Cambridge University Press
Release Date: 2013-10-31
This examination of the interface between criminal law, philosophy and public health brings together international experts from a variety of disciplines and areas of practice, including law, public health, philosophy, health policy and ethics. It will be of particular relevance to academics, policy-makers, lawyers and public health practitioners.
Author: Amel Alghrani
Publisher: Cambridge University Press
Release Date: 2012-11-01
Who should define what constitutes ethical and lawful medical practice? Judges? Doctors? Scientists? Or someone else entirely? This volume analyses how effectively criminal law operates as a forum for resolving ethical conflict in the delivery of health care. It addresses key questions such as: how does criminal law regulate controversial bioethical areas? What effect, positive or negative, does the use of criminal law have when regulating bioethical conflict? And can the law accommodate moral controversy? By exploring criminal law in theory and in practice and examining the broad field of bioethics as opposed to the narrower terrain of medical ethics, it offers balanced arguments that will help readers form reasoned views on the ethical legitimacy of the invocation and use of criminal law to regulate medical and scientific practice and bioethical issues.
Author: Sara Fovargue
Release Date: 2015-08-11
Whenever the legitimacy of a new or ethically contentious medical intervention is considered, a range of influences will determine whether the treatment becomes accepted as lawful medical treatment. The development and introduction of abortion, organ donation, gender reassignment, and non-therapeutic cosmetic surgery have, for example, all raised ethical, legal, and clinical issues. This book examines the various factors that legitimatise a medical procedure. Bringing together a range of internationally and nationally recognised academics from law, philosophy, medicine, health, economics, and sociology, the book explores the notion of a treatment, practice, or procedure being proper medical treatment, and considers the range of diverse factors which might influence the acceptance of a particular procedure as appropriate in the medical context. Contributors address such issues as clinical judgement and professional autonomy, the role of public interest, and the influence of resource allocation in decision-making. In doing so, the book explores how the law, the medical profession, and the public interact in determining whether a new or ethically contentious procedure should be regarded as legitimate. This book will be of interest and use to researchers and students of bioethics, medical law, criminal law, and the sociology of medicine. Chapter 6 of this book 'Family perspectives on proper medical treatment for people in prolonged vegetative and minimally conscious states' by Celia Kitzinger and Jenny Kitzinger is available under an open access CC BY NC ND license and can be viewed at: http://preview.ncbi.nlm.nih.gov/books/prevqa/NBK199156/ .
This book explores the scope, application and role of medical law, regulatory norms and ethics, and addresses key challenges introduced by contemporary advances in biomedical research and healthcare. While mindful of national developments, the handbook supports a global perspective in its approach to medical law. Contributors include leading scholars in both medical law and ethics, who have developed specially commissioned pieces in order to present a critical overview and analysis of the current state of medical law and ethics. Each chapter offers comprehensive coverage of longstanding and traditional topics in medical law and ethics, and provides dynamic insights into contemporary and emerging issues in this heavily debated field. Topics covered include: Bioethics, health and human rights Medical liability Law and emerging health technologies Public health law Personalized medicine The law and ethics of access to medicines in developing countries Medical research in the genome era Emerging legal and ethical issues in reproductive technologies This advanced level reference work will prove invaluable to legal practitioners, scholars, students and researchers in the disciplines of law, medicine, genetics, dentistry, theology, and medical ethics.
Author: Fredrik Svenaeus
Release Date: 2017-08-09
Genre: Business & Economics
Emerging medical technologies are changing our views on human nature and what it means to be alive, healthy, and leading a good life. Reproductive technologies, genetic diagnosis, organ transplantation, and psychopharmacological drugs all raise existential questions that need to be tackled by way of philosophical analysis. Yet questions regarding the meaning of life have been strangely absent from medical ethics so far. This book brings phenomenology, the main player in the continental tradition of philosophy, to bioethics, and it does so in a comprehensive and clear manner. Starting out by analysing illness as an embodied, contextualized, and narrated experience, the book addresses the role of empathy, dialogue, and interpretation in the encounter between health-care professional and patient. Medical science and emerging technologies are then brought to scrutiny as endeavours that bring enormous possibilities in relieving human suffering but also great risks in transforming our fundamental life views. How are we to understand and deal with attempts to change the predicaments of coming to life and the possibilities of becoming better than well or even, eventually, surviving death? This is the first book to bring the phenomenological tradition, including philosophers such as Martin Heidegger, Edith Stein, Maurice Merleau-Ponty, Jean-Paul Sartre, Hans-Georg Gadamer, Paul Ricoeur, Hans Jonas, and Charles Taylor, to answer such burning questions.
Author: Peter A. Singer
Publisher: Cambridge University Press
Release Date: 2008-01-31
Medicine and health care generate many bioethical problems and dilemmas that are of great academic, professional and public interest. This comprehensive resource is designed as a succinct yet authoritative text and reference for clinicians, bioethicists, and advanced students seeking a better understanding of ethics problems in the clinical setting. Each chapter illustrates an ethical problem that might be encountered in everyday practice; defines the concepts at issue; examines their implications from the perspectives of ethics, law and policy; and then provides a practical resolution. There are 10 key sections presenting the most vital topics and clinically relevant areas of modern bioethics. International, interdisciplinary authorship and cross-cultural orientation ensure suitability for a worldwide audience. This book will assist all clinicians in making well-reasoned and defensible decisions by developing their awareness of ethical considerations and teaching the analytical skills to deal with them effectively.
Unlocking Medical Law and Ethics will help you grasp the main concepts of Medical Law with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising. The information is clearly presented in a logical structure and the following features support learning helping you to advance with confidence: Clear learning outcomes at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject Key Learning Points throughout each chapter allow you to progressively build and consolidate your understanding End-of-chapter summaries provide a useful check-list for each topic Cases and judgments are highlighted to help you find them and add them to your notes quickly Frequent activities and self-test questions are included so you can put your knowledge into practice Sample essay questions with annotated answers prepare you for assessment Glossary of legal terms clarifies important definitions This second edition has been updated to include discussion of recent changes and developments within the module, such as updated case law, including: Birmingham Children’s NHS Trust v B 2014 EWHC 531; NHS Foundation Trust v A 2014 EWHC 920; A NHS Trust v DE 2013 EWHC 2562; Re P-M (Parental Order: Payments to Surrogacy Agency) 2013 EWHC 2328; R v Catt (Sarah Louise) 2013 EWCA 1187 and Doogan v Greater Glasgow and Clyde Health Board and others 2013 CSIH 36. The books in the Unlocking the Law Series get straight to the point and offer clear and concise coverage of the law, broken-down into bite-size sections with regular recaps to boost your confidence. They provide complete coverage of both core and popular optional law modules, presented in an innovative, visual format and are supported by a website which offers students a host of additional practice opportunities. Visit www.unlockingthelaw.co.uk for access to free study resources, including multiple choice questions, key questions and answers, revision mp3s and cases and materials exercises. Series editors: Jacqueline Martin LLM has over ten years’ experience as a practising barrister and has taught law at all levels. Chris Turner LLM is Senior Lecturer in Law at Wolverhampton University and has taught law at all levels.
Author: John Keown
Publisher: OUP Oxford
Release Date: 2012-04-26
The Law and Ethics of Medicine: Essays on the Inviolability of Human Life explains the principle of the inviolability of human life and its continuing relevance to English law governing aspects of medical practice at the beginning and end of life. The book shows that the principle, though widely recognized as an historic and foundational principle of the common law, has been misunderstood in the legal academy, at the Bar and on the Bench. Part I of the book identifies the confusion and clarifies the principle, distinguishing it from 'vitalism' on the one hand and a 'qualitative' evaluation of human life on the other. Part II addresses legal aspects of the beginning of life, including the history of the law against abortion and its relevance to the ongoing abortion debate in the US; the law relating to the 'morning after' pill; and the legal status of the human embryo in vitro. Part III addresses legal aspects of the end of life, including the euthanasia debate; the withdrawal of tube-feeding from patients in a 'persistent vegetative state'; and the duty to provide palliative treatment. This unique collection of essays offers a much-needed clarification of a cardinal legal and ethical principle and should be of interest to lawyers, bioethicists, and healthcare professionals (whether they subscribe to the principle or not) in all common law jurisdictions and beyond.
Author: George J. Annas
Publisher: Oxford University Press
Release Date: 2009
Bioethics was "born in the USA" and the values American bioethics embrace are based on American law, including liberty and justice. This book crosses the borders between bioethics and law, but moves beyond the domestic law/bioethics struggles for dominance by exploring attempts to articulate universal principles based on international human rights. The isolationism of bioethics in the US is not tenable in the wake of scientific triumphs like decoding the human genome, and civilizational tragedies like international terrorism. Annas argues that by crossing boundaries which have artificially separated bioethics and health law from the international human rights movement, American bioethics can be reborn as a global force for good, instead of serving mainly the purposes of U.S. academics. This thesis is explored in a variety of international contexts such as terrorism and genetic engineering, and in U.S. domestic disputes such as patient rights and market medicine. The citizens of the world have created two universal codes: science has sequenced the human genome and the United Nations has produced the Universal Declaration of Human Rights. The challenge for American bioethics is to combine these two great codes in imaginative and constructive ways to make the world a better, and healthier, place to live.