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The high profile cases of Charlie Gard, Alfie Evans, and Tafida Raqeeb raised the questions as to why the state intrudes into the exercise of parental responsibility concerning the medical treatment of children and why parents may not be permitted to decide what is in the best interests of their child. This book answers these questions. It argues for a reframing of the law concerned with the medical treatment of children to one which better protects the welfare of the individual child, within the context of family relationships recognising the duties which professionals have to care for the child and that the welfare of children is a matter of public interest, protected through the intervent...
In this revised edition of Moral Conflicts of Organ Retrieval: A Case for Constructive Pluralism, Charles Hinkley elaborates on his moral philosophy of constructive pluralism and updates the literature on organ retrieval strategies. Hinkley challenges a deeply entrenched moral triad: 1) moral values are comparable; 2) the weighing metaphor helps us conceptualize decisions regarding conflicting values; and 3) there is a single best discoverable response to a moral decision. This book offers an alternative—cases of incomparability, a constructing or making metaphor, and multiple permissible responses to some moral questions. Constructive pluralism has important implications for organ transplantation, health, and ethics.
How should judges and legislators address challenges arising at the frontiers of biomedicine? What if it became possible to edit the DNA of embryos for enhanced traits, gestate a fetus in an artificial womb, self-modify brain implants to provide new skills or bring a frozen human back to life? This book presents an innovative legal theory and applies it to future developments in biomedicine. This legal theory reconceptualises the role of legal officials in terms of moral principle and contextual constraints: 'contextual legal idealism'. It is applied by asking how a political leader or appeal court judge could address technological developments for which the current law of England and Wales ...
If a pregnant woman refuses medical treatment needed by the fetus - for instance for religious reasons - or conducts some aspect of her life in a way which risks fetal harm, there may arise an instance of "maternal-fetal conflict". This is an unfortunate term, since pregant women are generally renowned for their self-sacrificing behaviour, but it may well reflect the reality of certain maternal choices and actions. Should a pregnant woman have the legal right to refuse medical treatment needed by the fetus, or should she owe it a legal duty of care which precludes her acting in ways which may harm it? Does the debate hinge simply upon the appropriateness, or otherwise, of legally compelling ...
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For any reader needing a concise yet expert explanation of a subject in law, the New Oxford Companion to Law is the ideal reference work. Providing greater depth than can be found in legal dictionaries but always accessible to the non-specialist, entries in the Companion cover all areas of law and legal systems and are extensively cross-referenced for ease of navigation. The Companion draws upon the expertise of over 700 scholars and practitioners, offering the widest possible range of perspectives on legal topics. Consisting in over 1700 alphabetically-arranged entries, the Companion features: -The fundamentals of all the major areas of law such as criminal law, tax and social security law,...
In this work which questions why crime is so overwhelmingly an activity conducted by men, Collier presents an alternative approach to theorizing the 'maleness' of crime. The book also includes exploration of high-profile debates around crime.
Medicine, Patients and the Lawis a leading book in its field, aimed at practitioners and students of both law and medicine, as well as the general reader. It examines the regulation of medical practice, the rights and duties of patients and their medical advisers, the provision of compensation for medical mishaps and the framework of rules governing those delicate issues of life and death where medicine, morals and the law overlap. The fourth edition of this highly acclaimed book is fully updated to cover recent changes in law and medical practice. Among other current issues, it addresses the radical reforms proposed by the Shipman Inquiry, the impact of change within the NHS, the Mental Capacity Act of 2005 and includes a new chapter on access to health care. Clear explanations of legal issues make this book accessible and absorbing.
Some developing biotechnologies challenge accepted legal and ethical norms because of the risks they pose. Xenotransplantation (cross-species transplantation) may prolong life but may also harm the xeno-recipient and the public due to its potential to transmit infectious diseases. These trans-boundary diseases emphasise the global nature of advances in health care and highlight the difficulties of identifying, monitoring and regulating such risks and thereby protecting individual and public health. Xenotransplantation raises questions about how uncertainty and risk are understood and accepted, and exposes tensions between private benefit and public health. Where public health is at risk, a precautionary approach informed by the harm principle supports prioritising the latter, but the issues raised by genetically engineered solid organ xenotransplants have not, as yet, been sufficiently discussed. This must occur prior to their clinical introduction because of the necessary changes to accepted norms which are needed to appropriately safeguard individual and public health.
Medical Law and Ethics provides coverage of the major topics of medical law and ethics, combining detailed legal exposition and analysis with moral theory and philosophy. This book considers the wider contextual pressures facing the law such as the impact of market forces and patient consumerism, political interests, medical and professional interests, changing perceptions of medicine, developing technologies, and limited resources