Posthumous Interests

Author: Daniel Sperling
Publisher: Cambridge University Press
ISBN: 113947037X
Size: 34.24 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: 22.52 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: 10.57 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: 11.19 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.

Health Law And The European Union

Author: Tamara K. Hervey
Publisher: Cambridge University Press
ISBN: 9781139455350
Size: 59.83 MB
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How does the law of the European Union affect health law and policy? At first sight, it seems limited. However, despite its restricted formal competence, the EU has recently become increasingly involved in the health field. Litigation based on EU law has resulted in a 'right to receive health care services' across national boundaries which may have huge practical implications for national health systems. The EU has promulgated legislation regulating clinical research, and the marketing of pharmaceuticals; patients' rights are affected by EU legislation on data protection and product liability; the qualifications of health care professionals are legally recognised across the EU; and the EU has acted to promote public health. This book explores the various impacts of measures of EU law on national health law and policy. Through elaboration of selected examples, the authors show that, within the EU, health law cannot be regarded as a purely national affair.

The Global Health Crisis

Author: Thana Cristina de Campos
Publisher: Cambridge University Press
ISBN: 1108118348
Size: 44.37 MB
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Proposing a new view of global justice based on natural law, this book presents a discussion of the key ethical values in contemporary medicine and health, notably in relation to neglected diseases like malaria, Ebola and Zika. The lack of treatments for such diseases points to a global health crisis. Thana Cristina de Campos provides a general framework, based on global commutative justice, for discussion of the ethical responsibilities of international stakeholders, mapping the varying duties they have, and their content and force. She also addresses the urgent need for reforms to the international legal rules on bioethics, notably the system of intellectual property rights. These ideas will be of interest to those who are looking for a more nuanced view of the human right to health than that provided by advocates in the globalist mainstream.

Mental Capacity In Relationship

Author: Camillia Kong
Publisher: Cambridge University Press
ISBN: 1316738213
Size: 54.15 MB
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Recent legal developments challenge how valid the concept of mental capacity is in determining whether individuals with impairments can make decisions about their care and treatment. Kong defends a concept of mental capacity but argues that such assessments must consider how relationships and dialogue can enable or disable the decision-making abilities of these individuals. This is thoroughly investigated using an interdisciplinary approach that combines philosophy and legal analysis of the law in England and Wales, the European Court of Human Rights, and the United Nations Convention on the Rights of Persons with Disabilities. By exploring key concepts underlying mental capacity, the investigation concludes that both primary relationships and capacity assessments themselves must display key competencies to ensure that autonomy skills are promoted and encouraged. This ultimately provides scope for justifiable interventions into disabling relationships and articulates the dialogical practices that help better situate, interpret, and understand the choices and actions of individuals with impairments.

Law And Bioethics

Author: Michael D. A. Freeman
Publisher: Oxford University Press, USA
ISBN:
Size: 63.21 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.

Organ Shortage

Author: Anne-Maree Farrell
Publisher: Cambridge University Press
ISBN: 1139500104
Size: 34.19 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.

Rationality And The Genetic Challenge

Author: Matti Häyry
Publisher: Cambridge University Press
ISBN: 1139486705
Size: 38.13 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.