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The Law And Ethics Of Medicine Essays On The Inviolability Of Human Life

Author: John Keown
Publisher: OUP Oxford
ISBN: 0191640190
Size: 67.61 MB
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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.

Pioneering Healthcare Law

Author: Catherine Stanton
Publisher: Routledge
ISBN: 1317505999
Size: 21.62 MB
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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. Offering a collaborative review of key and innovative themes in the field, the book will be of great interest and use to academics and students working in healthcare law and bioethics, and those working in health policy, law and regulation at both national and international levels. Chapter 10 of this book is freely available as a downloadable Open Access PDF at www.tandfebooks.com/openaccess. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license.

Reason Morality And Law

Author: John Keown
Publisher: Oxford University Press
ISBN: 0199675503
Size: 42.53 MB
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This volume gathers leading moral, legal, and political philosophers alongside theologians to examine John Finnis' work. The book offers the first sustained critical study of Finnis' contribution across the philosophy of rationality, legal and political philosophy, and theology. It includes a substantial response from Finnis himself in which he defends and develops his ideas.

Sedation At The End Of Life An Interdisciplinary Approach

Author: Paulina Taboada
Publisher: Springer
ISBN: 9401791066
Size: 23.18 MB
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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.

The Law And The Dead

Author: Heather Conway
Publisher: Routledge
ISBN: 1317964349
Size: 75.73 MB
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The fate of the dead is a compelling and emotive subject, which also raises increasingly complex legal questions. This book focuses on the substantive laws around disposal of the recently deceased and associated issues around their post-mortem fate. It looks primarily at the laws in England and Wales but also offers a comparative approach, drawing heavily on material from other common law jurisdictions including Australia, New Zealand, Canada and the United States. The book provides an in-depth, contextual and comparative analysis of the substantive laws and policy issues around corpse disposal, exhumation and the posthumous treatment of the dead, including commemoration. Topics covered include: the legal frameworks around burial, cremation and other disposal methods; the hierarchy of persons who have a legal duty to dispose of the dead and who are entitled to possession of the deceased’s remains; offences against the dead; family burial disputes, and the legal status of burial instructions; the posthumous use of donated bodily material; and the rules around disinterment, and creating an appropriate memorial. A key theme of the book will be to look at the manner in which conflicts involving the dead are becoming increasingly common in secular, multi-cultural societies where the traditional nuclear family model is no longer the norm, and how such legal contests are resolved by courts. As the first comprehensive survey of the laws in this area for decades, this book will be of use to academics, lawyers and judges adjudicating on issues around the fate of the dead, as well as the death industry and funeral service providers.

Life S Dominion

Author: Ronald Dworkin
Publisher: Vintage
ISBN: 9780307787910
Size: 60.45 MB
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Internationally renowned lawyer and philosopher Ronald Dworkin addresses the crucially related acts of abortion and euthanasia in a brilliantly original book that examines their meaning in a nation that prizes both life and individual liberty. From Roe v. Wade to the legal battle over the death of Nancy Cruzan, no issues have opened greater rifts in American society than those of abortion and euthanasia. At the heart of Life's Dominion is Dworkin's inquest into why abortion and euthanasia provoke such controversy. Do these acts violate some fundamental "right to life"? Or are the objections against them based on the belief that human life is sacred? Combining incisive moral reasoning and close readings of indicidual court decisions with a majestic interpretation of the U.S. Constitution itself, Dworkin gives us a work that is absolutely essential for anyone who cares about the legal status of human life.

The Unesco Universal Declaration On Bioethics And Human Rights

Author: H. ten Have
Publisher: UNESCO
ISBN: 923104088X
Size: 53.65 MB
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In October 2005, UNESCO Member States adopted by acclamation the Universal Declaration on Bioethics and Human Rights. For the first time in the history of bioethics, some 190 countries committed themselves and the international community to respect and apply fundamental ethical principles related to medicine, the life sciences and associated technologies. This publication provides a new impetus to the dissemination of the Declaration, and is part of the organisation's continuous effort to contribute to the understanding of its principles worldwide. The authors, who were almost all involved in the elaboration of the text of the Declaration, were asked to respond on each article: Why was it included? What does it mean? How can it be applied? Their responses shed light on the historical background of the text and its evolution throughout the drafting process. They also provide a reflection on its relevance to previous declarations and bioethical literature, and its potential interpretation and application in challenging and complex bioethical debates.

The Sanctity Of Life Doctrine In Medicine

Author: Helga Kuhse
Publisher: Oxford University Press, USA
ISBN:
Size: 45.13 MB
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According to the "sanctity-of-life" view, all human lives are equally valuable and inviolable, and it would be wrong to base life-and-death medical decisions on the quality of the patient's life. Examining the ideas and assumptions behind the sanctity-of-life view, Kuhse argues against the traditional view that allowing someone to die is morally different from killing, and shows that quality-of-life judgments are ubiquitous. Refuting the sanctity-of-life view, she provides a sketch of a quality-of-life ethics based on the belief that there is a profound difference between merely being alive and life being in the patient's interest.

Biomedical Ethics And The Law

Author: James M. Humber
Publisher: Springer Science & Business Media
ISBN: 1468422235
Size: 11.20 MB
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In the past few years an increasing number of colleges and universities have added courses in biomedical ethics to their curricula. To some extent, these additions serve to satisfy student demands for "relevance. " But it is also true that such changes reflect a deepening desire on the part of the academic community to deal effectively with a host of problems which must be solved if we are to have a health-care delivery system which is efficient, humane, and just. To a large degree, these problems are the unique result of both rapidly changing moral values and dramatic advances in biomedical technology. The past decade has witnessed sudden and conspicuous controversy over the morality and legality of new practices relating to abortion, therapy for the mentally ill, experimentation using human subjects, forms of genetic interven tion, suicide, and euthanasia. Malpractice suits abound and astronomical fees for malpractice insurance threaten the very possibility of medical and health-care practice. Without the backing of a clear moral consensus, the law is frequently forced into resolving these conflicts only to see the moral issues involved still hotly debated and the validity of existing law further questioned. In the case of abortion, for example, the laws have changed radically, and the widely pub licized recent conviction of Dr. Edelin in Boston has done little to foster a moral consensus or even render the exact status of the law beyond reasonable question.