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The Law And Ethics Of Medicine Essays On The Inviolability Of Human Life
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Book Synopsis The Law and Ethics of Medicine by : John Keown
Download or read book The Law and Ethics of Medicine written by John Keown and published by Oxford University Press on Demand. This book was released on 2012-04-26 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of the sanctity of life is key to the law governing medical practice and professional medical ethics. It is also widely misunderstood. This book clarifies the principle and considers how it influences the law governing abortion; 'test-tube' babies; euthanasia; feeding patients in persistent vegetative states; and palliative treatment.
Book Synopsis The Law and Ethics of Medicine: Essays on the Inviolability of Human Life by : John Keown
Download or read book The Law and Ethics of Medicine: Essays on the Inviolability of Human Life written by John Keown and published by OUP Oxford. This book was released on 2012-04-26 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Philosophical Foundations of Medical Law by : Andelka Matija Phillips
Download or read book Philosophical Foundations of Medical Law written by Andelka Matija Phillips and published by . This book was released on 2019 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an introduction to the philosophical underpinnings of medical law and also deals with a number of topical issues, such as euthanasia, abortion, and privacy, which will be of interest to law and philosophy students and scholars.
Book Synopsis Pioneering Healthcare Law by : Catherine Stanton
Download or read book Pioneering Healthcare Law written by Catherine Stanton and published by Routledge. This book was released on 2015-10-16 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book celebrates Professor Margaret Brazier’s outstanding contribution to the field of healthcare law and bioethics. It examines key aspects developed in Professor Brazier’s agenda-setting body of work, with contributions being provided by leading experts in the field from the UK, Australia, the US and continental Europe. They examine a range of current and future challenges for healthcare law and bioethics, representing state-of-the-art scholarship in the field. The book is organised into five parts. Part I discusses key principles and themes in healthcare law and bioethics. Part II examines the dynamics of the patient–doctor relationship, in particular the role of patients. Part III explores legal and ethical issues relating to the human body. Part IV discusses the regulation of reproduction, and Part V examines the relationship between the criminal law and the healthcare process. Chapter 10 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 3.0 license.
Book Synopsis Religion, Medicine and the Law by : Clayton Ó Néill
Download or read book Religion, Medicine and the Law written by Clayton Ó Néill and published by Routledge. This book was released on 2018-11-08 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the legal protection that is given to the expression of Abrahamic religious belief adequate or appropriate in the context of English medical law? This is the central question that is explored in this book, which develops a framework to support judges in the resolution of contentious cases that involve dissension between religious belief and medical law, developed from Alan Gewirth’s Principle of Generic Consistency (PGC). This framework is applied to a number of medical law case studies: the principle of double effect, ritual male circumcision, female genital mutilation, Jehovah’s Witnesses (adults and children) who refuse blood transfusions, and conscientious objection of healthcare professionals to abortion. The book also examines the legal and religious contexts in which these contentious cases are arbitrated. It demonstrates how human rights law and the proposed framework can provide a gauge to measure competing rights and apply legitimate limits to the expression of religious belief, where appropriate. The book concludes with a stance of principled pragmatism, which finds that some aspects of current legal protections in English medical law require amendment.
Book Synopsis Reason, Morality, and Law by : John Keown DCL
Download or read book Reason, Morality, and Law written by John Keown DCL and published by OUP Oxford. This book was released on 2013-03-21 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Finnis is a pioneer in the development of a new yet classically-grounded theory of natural law. His work offers a systematic philosophy of practical reasoning and moral choosing that addresses the great questions of the rational foundations of ethical judgments, the identification of moral norms, human agency, and the freedom of the will, personal identity, the common good, the role and functions of law, the meaning of justice, and the relationship of morality and politics to religion and the life of faith. The core of Finnis' theory, articulated in his seminal work Natural Law and Natural Rights, has profoundly influenced later work in the philosophy of law and moral and political philosophy, while his contributions to the ethical debates surrounding nuclear deterrence, abortion, euthanasia, sexual morality, and religious freedom have powerfully demonstrated the practical implications of his natural law theory. This volume, which gathers eminent moral, legal, and political philosophers, and theologians to engage with John Finnis' work, offers the first sustained, critical study of Finnis' contribution across the range of disciplines in which rational and morally upright choosing is a central concern. It includes a substantial response from Finnis himself, in which he comments on each of their 27 essays and defends and develops his ideas and arguments.
Book Synopsis Ethical Judgments by : Stephen W. Smith
Download or read book Ethical Judgments written by Stephen W. Smith and published by Bloomsbury Publishing. This book was released on 2017-01-12 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection is designed to explore the ethical nature of judicial decision-making, particularly relating to cases in the health/medical sphere, where judges are often called upon to issue rulings on questions containing an explicit ethical component. However, judges do not receive any specific training in ethical decision-making, and often disown any place for ethics in their decision-making. Consequently, decisions made by judges do not present consistent or robust ethical theory, even when cases appear to rely on moral claims. The project explores this dichotomy by imagining a world in which decisions by judges have to be ethically as well as legally valid. Nine specific cases are reinterpreted in light of that requirement by leading academics in the fields of medical law and bioethics. Two judgments are written in each case, allowing for different views to be presented. Two commentaries - one ethical and one legal - then explore the ramifications of the ethical judgments and provide an opportunity to explore the two judgments from additional ethical and legal perspectives. These four different approaches to each judgment allow for a rich and varied critique of the decisions and ethical theories and issues at play in each case.
Book Synopsis Euthanasia, Ethics and Public Policy by : John Keown
Download or read book Euthanasia, Ethics and Public Policy written by John Keown and published by Cambridge University Press. This book was released on 2018-10-18 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues against the legalisation of voluntary euthanasia and/or physician-assisted suicide on the ground that, even if they were ethically defensible in certain 'hard cases', neither could be effectively controlled by law. It maintains that the experience of legalisation in the Netherlands, Belgium and Oregon lends support to the two 'slippery slope' arguments against legalisation, the 'empirical' and the 'logical'. The empirical argument challenges the feasibility of drafting and enforcing adequate safeguards against abuse and mistake; the logical argument shows that acceptance of the case for euthanasia in the case of suffering patients who request it logically involves acceptance of euthanasia for suffering patients who are unable to request it, such as infants and those with advanced dementia.
Book Synopsis Sedation at the End-of-life: An Interdisciplinary Approach by : Paulina Taboada
Download or read book Sedation at the End-of-life: An Interdisciplinary Approach written by Paulina Taboada and published by Springer. This book was released on 2014-10-21 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book’s main contribution is its interdisciplinary approach to the issue of sedation at the end-of-life. Because it occurs at the end of life, palliative sedation raises a number of important ethical and legal questions, including whether it is a covert form of euthanasia and for what purposes it may legally be used. Many of the book chapters address the first question and almost all deal with a specific form of the second: whether palliative sedation should be used for those experiencing “existential suffering”? This raises the question of what existential suffering is, a topic that is also discussed in the book. The different chapters address these issues from the perspectives of the relevant disciplines: Palliative Medicine, Bioethics, Law and Theology. Hence, helpful accounts of the clinical and historical background for this issue are provided and the importance of drawing accurate ethical and legal distinctions is stressed throughout the whole book. So the volume represents a valuable contribution to the emerging literature on this topic and should be helpful across a broad spectrum of readers: philosophers, theologians and physicians.
Book Synopsis Data-Driven Personalisation in Markets, Politics and Law by : Uta Kohl
Download or read book Data-Driven Personalisation in Markets, Politics and Law written by Uta Kohl and published by Cambridge University Press. This book was released on 2021-07-29 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most fascinating and profitable subject of predictive algorithms is the human actor. Analysing big data through learning algorithms to predict and pre-empt individual decisions gives a powerful tool to corporations, political parties and the state. Algorithmic analysis of digital footprints, as an omnipresent form of surveillance, has already been used in diverse contexts: behavioural advertising, personalised pricing, political micro-targeting, precision medicine, and predictive policing and prison sentencing. This volume brings together experts to offer philosophical, sociological, and legal perspectives on these personalised data practices. It explores common themes such as choice, personal autonomy, equality, privacy, and corporate and governmental efficiency against the normative frameworks of the market, democracy and the rule of law. By offering these insights, this collection on data-driven personalisation seeks to stimulate an interdisciplinary debate on one of the most pervasive, transformative, and insidious socio-technical developments of our time.
Book Synopsis Human Dignity and Assisted Death by : Sebastian Muders
Download or read book Human Dignity and Assisted Death written by Sebastian Muders and published by Oxford University Press. This book was released on 2018 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assisted dying and human dignity are two extremely contested topics in Bioethics. This volume offers the first book-length attempt to bring both together. Its authors develop detailed philosophical analyses of dignity, and how it relates to assisted suicide and euthanasia.
Book Synopsis The Oxford Handbook of Elizabeth Anscombe by : Roger Teichmann
Download or read book The Oxford Handbook of Elizabeth Anscombe written by Roger Teichmann and published by Oxford University Press. This book was released on 2022 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Elizabeth Anscombe was one of the most important and original philosophers of the twentieth century, as well as being a friend, pupil a student, and the main translator of Ludwig Wittgenstein. She wrote on a wide range of philosophical topics, publishing a handful of books and a large corpus of articles in her lifetime. This collection of twenty-two essays on the philosophy of Elizabeth Anscombe by an international array of experts in the field covers intention, ethical theory, human life, the first person, and Anscombe on other philosophers. It will be essential reading for anyone interested in Anscombe's work and in the philosophical problems which she wrote about"--
Book Synopsis Persuasion and Legal Reasoning in the ECtHR Rulings by : Aleksandra Mężykowska
Download or read book Persuasion and Legal Reasoning in the ECtHR Rulings written by Aleksandra Mężykowska and published by Taylor & Francis. This book was released on 2023-05-24 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the case law of the European Court of Human Rights (ECtHR) from the point of view of argumentative tools used by the Court to persuade the audience – States, applicants and public opinion – of the correctness of its rulings. The ECtHR judgments selected by the authors concern justification of some of the most difficult issues. These are matters related to human life, human dignity and the right to self-determination in matters concerning one’s private life. The authors looked for paths and repetitive patterns of argumentation and divided them into three categories of argumentative tools: authority, deontological and teleological. The work tracks how ECtHR judges aim to find a consensual, universal and, at the same time, pragmatic and axiologically neutral narrative on the collisions of rights and interests in the areas under discussion. It analyses whether the voice of the ECtHR carries the overtones of an ethical statement and, if so, to which arguments it appeals. The book will be of interest to academics and researchers working in the areas of jurisprudence, human rights law, and law and language.
Book Synopsis Disputes in Bioethics by : Christopher Kaczor
Download or read book Disputes in Bioethics written by Christopher Kaczor and published by University of Notre Dame Pess. This book was released on 2020-09-30 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disputes in Bioethics tackles some of the most debated questions in contemporary scholarship about the beginning and end of life. This collection of essays takes up questions about the dawn of human life, including: Should we make children with three (or more) parents? Is it better never to have been born? and Why should the baby live? This volume also asks about the dusk of human life: Is "death with dignity" a dangerous euphemism? Should euthanasia be permitted for children? Does assisted suicide harm those who do not choose to die? Still other questions are asked concerning recent views that health care professionals should not have a right to conscientiously object to legal and accepted medical practices. Finally, the book addresses questions about separating conjoined twins as well as the issue of whether the species of an individual makes a difference for the individual’s moral status. Christopher Kaczor critiques some of the most recent and influential positions in bioethics, while eschewing both consequentialism and principalism. Rooted in the Catholic principle that faith and reason are harmonious, this book shows how Catholic bioethical teaching is rationally defensible in terms that people of good will, secular or religious, can accept. Proceeding from a natural law perspective, Kaczor defends the inherent dignity of all human beings and argues that they merit the protection of their basic human goods because of that inherent dignity. Philosophers interested in applied ethics, as well as students and professors of law, will profit from reading Disputes in Bioethics. The book aims to be both philosophically sophisticated and accessible for students and experienced researchers alike.
Book Synopsis Bioethics and the Human Goods by : Alfonso Gómez-Lobo
Download or read book Bioethics and the Human Goods written by Alfonso Gómez-Lobo and published by Georgetown University Press. This book was released on 2015-10-15 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bioethics and the Human Goods offers students and general readers a brief introduction to bioethics from a “natural law” philosophical perspective. This perspective, which traces its origins to classical antiquity, has profoundly shaped Western ethics and law and is enjoying an exciting renaissance. While compatible with much in the ethical thought of the great religions, it is grounded in reason, not religion. In contrast to the currently dominant bioethical theories of utilitarianism and principlism, the natural law approach offers an understanding of human flourishing grounded in basic human goods, including life, health, friendship, and knowledge, and in the wrongness of intentionally turning against, or neglecting, these goods. The book is divided into two sections: Foundations and Issues. Foundations sketches a natural law understanding of the important ethical principles of autonomy, non-maleficence, beneficence, and justice and explores different understandings of “personhood” and whether human embryos are persons. Issues applies a natural law perspective to some of the most controversial debates in contemporary bioethics at the beginning and end of life: research on human embryos, abortion, infanticide, euthanasia, the withdrawal of tube-feeding from patients in a “persistent vegetative state,” and the definition of death. The text is completed by appendices featuring personal statements by Alfonso Gómez-Lobo on the status of the human embryo and on the definition and determination of death.
Book Synopsis The Legitimacy of Medical Treatment by : Sara Fovargue
Download or read book The Legitimacy of Medical Treatment written by Sara Fovargue and published by Routledge. This book was released on 2015-08-11 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Chapter 6 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 3.0 license.
Book Synopsis Regulating Decision-Making in Multiple Pregnancy by : Jeffrey Wale
Download or read book Regulating Decision-Making in Multiple Pregnancy written by Jeffrey Wale and published by Cambridge Scholars Publishing. This book was released on 2021-06-22 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the regulation and practice of medical decision-making where the context is that of a multiple pregnancy and where the question is whether or not to carry out a fetal reduction procedure. It concerns three main lines of inquiry: first, the nature of fetal reduction and the legal ground(s) for termination typically relied upon; secondly, the extent to which legal, ethical, and professional norms guide or constrain this particular kind of decision-making; and, thirdly, the adequacy of these norms. The book uses empirical sources to develop its analysis, contributing new insight and the kind of evidence necessary to shape regulation, clinical practice, and future research. The key findings show that fetal abnormality is often given as the justifying ground; that the legal, ethical, and professional norms offer little explicit guidance for fetal reduction: and on the general question of termination, ethical norms suffer from a high level of contestation, the key norms in the UK abortion legislation are unclear and disconnected from practice, and professional norms are only marginally more adequate. Given the indeterminacy of these norms, it is no surprise that the evidence indicates that doctors are only weakly guided by them in making their decisions. Various recommendations are advanced in this book, including the need for a situational emphasis on shared decision-making and patient-centred care.
