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Autonomy is said to be the predominant ethical principle in modern bioethics, and is enshrined in the law. This book argues that the debate in bioethics about the true nature of autonomy while rich, has had little if any impact on the law's development in this area, save arguably in limited circumstances.
Illustrating some humanistic ways of understanding patients, this volume explores the connections between medical ethics, healthcare and subjects, such as philosophy and literature, creative writing and medical history and how they can affect the attitudes of doctors towards patients and the perceptions of medicine, health and disease.
There is evidence that medical mistakes and mishaps occur in significant numbers every year. This book examines the uncertainty and some of the myths surrounding errors and claims in healthcare, and places the arguments surrounding the so-called compensation culture on a stronger statistical, and hence epistemological basis.
Explores the controversial topic of the technology of Pre-implantation Genetic Diagnosis and the muddled approach to this subject adopted by the UK Parliament. This book is a useful resource for law students of various levels and professionals working within or interested in medical and healthcare law and medical genetics.
Explores a number of issues relating to reproduction. Critically analyzing medical ethics and the law in a variety of jurisdictions, this book makes suggestions on reforming the law in the UK. It looks at the relationship between the law and medical ethics in a number of jurisdictions, including Germany, US, France, and the Republic of Ireland.
Analyzing the criminal concepts of intention and causation in euthanasia, this book explores a range of disciplines and offers an alternative legal framework based on grading different categories of killing into a formalized justificatory defence.
Argues that the law governing the ending of life in England and Wales is unclear, confused and contradictory. This book shows that the rules are in competition because the ethical principles underlying them are so diverse and conflicting. It covers topics including Diane Pretty litigation and Lord Joffe's Assisted Dying for Terminally Ill Bill.
Suitable for members of research ethics committees (RECs), professionals involved with medical research and those with an academic interest in the subject, this book explains the relationship between law and ethics in the context of medically related research.
Addresses a number of key questions including: Should it be legal to sell human organs for transplantation? Are public displays of plastinated bodies or public autopsies morally justifiable? And, should there be restrictions on the uses of human tissue in teaching and research?
Offering a theoretical engagement with actions for wrongful conception and birth, this book provides readers with a critique into the concepts of choice, responsibility and personhood. It challenges the law's response that enforced parenthood is a harmless outcome and examines the concept of autonomy, gender and women's reproductive freedom.
Talks about issues associated with assisted reproduction and embryology, and critically analyzes the law surrounding human reproduction in the light of case law and technological developments since the Human Fertilisation and Embryology Act was passed in 1990. This book tackles the relevant issues from an interdisciplinary perspective.
Explores the law relating to euthanasia and assisted suicide, tracing its development from prohibition through to the laissez faire attitude adopted in a number of countries in 21st Century. This book provides a critique of the arguments surrounding legislative control of such practices and particularly looks into the regulatory role of the state.
Explores legislation intended to protect the interests of people with disabilities or impairments. Considering a range of ethical and legal concerns which arise in issues of life, death and disability, this book covers the social and legal responses to the equality rights of disabled people.
Over the years, there has been a shift in medical law and practise to distrust the judgement of health professionals. This book looks comparatively at a number of countries, showing through analysis of case law, legislation and protocols produced by hospitals, how the shift from trust to lack of trust has happened.
Comprehensively covering both the English and Scottish position within the context of the European Convention of human Rights and the UN Convention on the Rights of the Child, this book examines a range of healthcare situations, from the commonly occurring to the unusual, offering an analysis of legislation, case law, cases and their implications.
As medical applications and scientific knowledge rapidly evolves, it is a challenge for statutory law to keep up and adapt. Law-making bodies are faced with the dilemma of whether to regulate new medical procedures. This book explores nature and function of Parliamentary regulation in the biomedical field, particularly focusing on the role of scientific expertise in both law-making and law-enforcing processes. Taking assisted reproductive technologies (ART) as a key case, and drawing on the legal systems of the UK, France, Italy and Spain, the book adopts a comparative method to understand the nature of medical regulation in both civil and common law systems.
This book considers the nature, strengths, weaknesses and possibilities for regulation in the biomedical research field with an emphasis on the extent to which "values" play a role in regulation.
This book is complied to celebrate Professor Margaret Brazier's outstanding contribution to the field of healthcare law and bioethics, with contributions being provided by leading experts in the field from the UK, Australia, the U.S. and continental Europe.
This book reflects on the many contributions made in and to European bioethics to date, in various locations, and from various disciplinary perspectives. In so doing, the book advances understanding of the academic and social status of European bioethics.
This edited volume explores the concept of `coercive care¿ in relation to individuals such as those with severe mental illnesses, those with intellectual and cognitive disabilities and those with substance use problems. With a focus on choice and capacity the book explores the impact of and challenges posed by the provision of care in an involuntary environment. The book covers new ground by exploring issues arising from the coercion of persons with various disabilities and vulnerabilities, helping to illustrate how the capacity to provide consent to treatment and care is impaired by reason of their condition.
This book explores different models of regulating the use of restrictive practices in health care and institutional settings. It will be invaluable to regulators, policymakers, lawyers, clinicians, consumer advocates and academics studying the use and regulation of restrictive practices in mental health, disability and aged care.
Filled with thought-provoking and frequently controversial ideas and arguments, this book provides readers with a contribution to the literature on medical ethics.
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