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Xenotransplantation and Risk
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.
Leading Works in Health Law and Ethics
Health and healthcare are vitally important to all of us, and academic interest in the law regulating health has, over the last 50 years, become an important field of academic study. An analysis of the development of, changes in, and scope of health law and ethics to date, is both timely and of interest to students and scholars alike, along with an exploration of its likely future development. This work brings together contributions from leading and emerging scholars in the field. Each contributor has been invited to select and analyse a ‘leading work’, which has for them shed light on the way that health law and ethics has developed. The chapters are both autobiographical, reflecting up...
The Legitimacy of Medical Treatment
Whenever the legitimacy of a new or ethically contentious medical intervention is considered, a range of influences will determine whether the treatment becomes accepted as lawful medical treatment. The development and introduction of abortion, organ donation, gender reassignment, and non-therapeutic cosmetic surgery have, for example, all raised ethical, legal, and clinical issues. This book examines the various factors that legitimatise a medical procedure. Bringing together a range of internationally and nationally recognised academics from law, philosophy, medicine, health, economics, and sociology, the book explores the notion of a treatment, practice, or procedure being proper medical ...
Rights, Duties and the Body
This book addresses the law and ethics concerning a pregnant woman's refusal of medical treatment needed by the fetus she carries. In England and some U.S. states a pregnant woman can now refuse such treatment. Nevertheless, courts have acknowledged the residual ethical dilemmas, sometimes adverting to the inappropriateness here of legal compulsion of presumed moral duties. This leaves the impression of an uncomfortable split between the ethics and the law. This study seeks to explain and justify a pregnant woman's legal right to refuse medical treatment and thus resolve, so far as possible, the surrounding ethical, legal and social tensions. The idea of day-to-day maternal conduct which may cause prenatal harm is also touched upon. Innovatively, the author adopts a joint philosophical and legal approach directed to issues both of principle and policy, revealing strong conceptual links between the ethics and the law. In addition to an ethical exploration of the maternal-fetal relationship the author explores the relevant English, American and some Canadian arguments from the law of treatment refusal, abortion, tort and rescue.
Moral Conflicts of Organ Retrieval: A Case for Constructive Pluralism
In this revised edition of Moral Conflicts of Organ Retrieval: A Case for Constructive Pluralism, Charles Hinkley develops and applies the moral philosophy of constructive pluralism to issues and conflicts related to organ transplantation.
Bioethics, Medicine, and the Criminal Law
"Who should define what constitutes ethical and lawful medical practice? Judges? Doctors? Scientists? Or someone else entirely? This volume analyses how effectively criminal law operates as a forum for resolving ethical conflict in the delivery of health care. It addresses key questions such as: how does criminal law regulate controversial bioethical areas? What effect, positive or negative, does the use of criminal law have when regulating bioethical conflict? And can the law accommodate moral controversy? By exploring criminal law in theory and in practice and examining the broad field of bioethics as opposed to the narrower terrain of medical ethics, it offers balanced arguments that will help readers form reasoned views on the ethical legitimacy of the invocation and use of criminal law to regulate medical and scientific practice and bioethical issues"--
Bioethics, Medicine and the Criminal Law: Volume 3, Medicine and Bioethics in the Theatre of the Criminal Process
To date, little analysis exists of the criminal process's roles as a regulator of medical practice and as an arbiter of bioethics, nor whether criminal law is an appropriate forum for judging ethical medical dilemmas. The conscription of criminal law into moral controversy and the (perceived) rise in criminal investigations of medical errors sets the backdrop for this innovative historical and theoretical analysis of the relationship between medicine, bioethics and the criminal process. Case studies on abortion, end of life and the separation of conjoined twins reveal how judges grapple with bioethics in criminal cases and the impact of 'theatre' on the criminal law's response to ethically controversial medical cases. A central argument is that bioethics and criminal law are not necessarily incompatible; rather, it is the theatre surrounding interactions between bioethics and criminal law that often distorts and creates tension.
Regulating Decision-Making in Multiple Pregnancy
This book examines the regulation and practice of medical decision-making where the context is that of a multiple pregnancy and where the question is whether or not to carry out a fetal reduction procedure. It concerns three main lines of inquiry: first, the nature of fetal reduction and the legal ground(s) for termination typically relied upon; secondly, the extent to which legal, ethical, and professional norms guide or constrain this particular kind of decision-making; and, thirdly, the adequacy of these norms. The book uses empirical sources to develop its analysis, contributing new insight and the kind of evidence necessary to shape regulation, clinical practice, and future research. Th...
Medical Law
Medical Law: Text, Cases, and Materials offers all of the explanation, commentary, and extracts from cases and key materials that students need to gain a thorough understanding of this complex topic.
Criminality at Work
From the Master and Servant legislation to the Factories Acts of the 19th century, the criminal law has always had a vital yet normatively complex role in the regulation of work relations. Even in its earliest forms, it operated both as a tool to repress collective organizations and enforce labour discipline, while policing the worst excesses of industrial capitalism. Recently, governments have begun to rediscover criminal law as a regulatory tool in a diverse set of areas related to labour law: 'modern slavery', penalizing irregular migrants, licensing regimes for labour market intermediaries, wage theft, supporting the enforcement of general labour standards, new forms of hybrid preventive...
