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Posthumous Interests

Author: Daniel Sperling
Publisher: Cambridge University Press
ISBN: 113947037X
Size: 79.79 MB
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Daniel Sperling discusses the legal status of posthumous interests and their possible defeat by actions performed following the death of a person. The author first explores the following questions: Do the dead have interests and/or rights, the defeat of which may constitute harm? What does posthumous harm consist of and when does it occur, if at all? This is followed by a more detailed analysis of three categories of posthumous interests arising in the medico-legal context: the proprietary interest in the body of the deceased, the testamentary interest in determining the disposal of one's body after death and the interest in post-mortem medical confidentiality. Sperling concludes that if we acknowledge the interest in one's symbolic existence and legally protect it, not only do some interests survive a person's death but we should also enjoy a peremptory legal power to shape in advance our symbolic existence after death.

Great Debates In Medical Law And Ethics

Author: Imogen Goold
Publisher: Macmillan International Higher Education
ISBN: 1137327480
Size: 19.71 MB
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An engaging introduction to the fascinating debates surrounding medical law and ethics, providing a cutting edge for students who are looking to gain additional insights with which to excel. Readers are introduced to the many concepts and debates surrounding each core area and presented with the key tensions and questions underlying each topic.

Medicine Ethics And The Law In Ireland

Author: Deirdre Madden
Publisher: A&C Black
ISBN: 1847666701
Size: 49.10 MB
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Written by one of Ireland's leading medical law academics, this practical book comprehensively covers case law and regulations regarding the healthcare system, the law relating to human reproduction, and the key issues of consent and treatment. Designed to be used by lawyers and healthcare professionals, Medicine, Ethics and the Law in Ireland provides an invaluable reference tool for anybody who requires accurate information and guidance on this area of Irish law. This new edition includes: Medical research and clinical trials; Organ donation and transportation; Patient safety and QA; and Biobanking.

Bioethics And Biopolitics In Israel

Author: Hagai Boas
Publisher: Cambridge University Press
ISBN: 1108547664
Size: 29.55 MB
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Although the 'Israeli case' of bioethics has been well documented, this book offers a novel understanding of Israeli bioethics that is a milestone in the comparative literature of bioethics. Bringing together a range of experts, the book's interdisciplinary structure employs a contemporary, sociopolitical-oriented approach to bioethics issues, with an emphasis on empirical analysis, that will appeal not only to scholars of bioethics, but also to students of law, medicine, humanities, and social sciences around the world. Its focus on the development of bioethics in Israel makes it especially relevant to scholars of Israeli society - both in and out of Israel - as well as medical practitioners and health policymakers in Israel.

Rationality And The Genetic Challenge

Author: Matti Häyry
Publisher: Cambridge University Press
ISBN: 1139486705
Size: 63.22 MB
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Should we make people healthier, smarter, and longer-lived if genetic and medical advances enable us to do so? Matti Häyry asks this question in the context of genetic testing and selection, cloning and stem cell research, gene therapies and enhancements. The ethical questions explored include parental responsibility, the use of people as means, the role of hope and fear in risk assessment, and the dignity and meaning of life. Taking as a starting point the arguments presented by Jonathan Glover, John Harris, Ronald M. Green, Jürgen Habermas, Michael J. Sandel, and Leon R. Kass, who defend a particular normative view as the only rational or moral answer, Matti Häyry argues that many coherent rationalities and moralities exist in the field, and that to claim otherwise is mistaken.

Law And Bioethics

Author: Michael D. A. Freeman
Publisher: Oxford University Press, USA
ISBN:
Size: 75.83 MB
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Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Bioethics, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and bioethics. It includes studies examining the regulation of stem cell research, human rights and bioethics, the regulation of reproductive technologies, and distributive justice in healthcare and pandemic planning.

Displacement By Development

Author: Peter Penz
Publisher: Cambridge University Press
ISBN: 1139494198
Size: 51.18 MB
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For decades, policy-makers in government, development banks and foundations, NGOs, researchers and students have struggled with the problem of how to protect people who are displaced from their homes and livelihoods by development projects. This book addresses these concerns and explores how debates often become deadlocked between 'managerial' and 'movementist' perspectives. Using development ethics to determine the rights and responsibilities of various stakeholders, the authors find that displaced people must be empowered so as to share equitably in benefits rather than being victimized. They propose a governance model for development projects that would transform conflict over displacement into a more manageable collective bargaining process and would empower displaced people to achieve equitable results. Their book will be valuable for readers in a wide range of fields including ethics, development studies, politics and international relations as well as policy making, project management and community development.

Organ Shortage

Author: Anne-Maree Farrell
Publisher: Cambridge University Press
ISBN: 1139500104
Size: 79.46 MB
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Organ shortage is an ongoing problem in many countries. The needless death and suffering which have resulted necessitate an investigation into potential solutions. This examination of contemporary ethical means, both practical and policy-oriented, of reducing the shortfall in organs draws on the experiences of a range of countries. The authors focus on the resolution and negotiation of ethical conflict, examine systems approaches such as the 'Spanish model' and the US Breakthrough Collaboratives, evaluate policy proposals relating to incentives, presumed consent, and modifications regarding end-of-life care, and evaluate the greatly increased use of (non-heart-beating) donors suffering circulatory death, as well as living donors. The proposed strategies and solutions are not only capable of resolving the UK's own organ-shortage crisis, but also of being implemented in other countries grappling with how to address the growing gap between supply and demand for organs.

Human Tissue In Transplantation And Research

Author: David Price
Publisher: Cambridge University Press
ISBN: 0521883024
Size: 23.41 MB
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A proposal for resolving tensions between professionals and society regarding tissue for transplants and research, while properly protecting donors' interests.

The Troubled Pregnancy

Author: J. K. Mason
Publisher: Cambridge University Press
ISBN: 1139463888
Size: 17.29 MB
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Mason looks at the legal response to those aspects of the troubled pregnancy which require or involve medico-legal intervention. The unwanted pregnancy is considered particularly in the light of the Abortion Act 1967, s.1(1)(d) and the related action for so-called wrongful birth due to faulty ante-natal care. The unexpected or uncovenanted birth of a healthy child resulting from failed sterilisation is approached through an analysis of the seminal case of McFarlane and associated cases involving disability in either the neonate or the mother. The disabled neonate's right to sue for its diminished life is discussed and the legal approach to the management of severe congenital disease is analysed - thus following Baroness Hale in believing that care of the newborn is an integral part of pregnancy. Aspects are considered from historical and comparative perspectives, including coverage of experience in the USA, the Commonwealth and Europe.