Law

The question whether assisted dying (euthanasia and assisted suicide) should be legalized is often treated, by judges and commentators alike, as a question which transcends national boundaries and diverse legal systems. One obvious example is the use made of the ‘Dutch experience’ in other jurisdictions. By treating the issue as a transcendent, global ethical question, the important context in which individual jurisdictions make decisions about assisted dying and the significance of the legal methods chosen to carry out those decisions is often lost. This book concentrates not on the issue of whether assisted dying should be legalized, but rather on the impact of the choice of a particular legal route towards legalization. Legal change on assisted dying may be achieved in a variety of ways: challenges to criminal prohibitions using constitutionally entrenched rights; the use of defences available to defendants who are prosecuted for assisting a death; legislative change; or referenda or ballot measures proposed by individual citizens or interest groups. The examination in this book of the impact of these different alternatives suggests that greater caution is needed before relying on the experience of one jurisdiction when discussing proposals for regulation of assisted dying in others, and the possible consequences of such regulation. The book seeks to demonstrate the need to explore the legal environment in which assisted dying is performed or proposed in order to evaluate the relevance of a particular legal experience to other jurisdictions.

This book examines aspects of English, United States, Canadian, and Australian law as it applies to the fetus, the pregnant woman, and the doctor or midwife who provides antenatal and perinatal care. A major part of the book consists of a critical examination of the law’s attempts to protect the fetus, which is threatened by conduct such as a criminal assault, maternal drug-taking, or parental refusal of medical treatment. The remainder of the work deals with the rapidly expanding and increasingly complex body of law on the liability of obstetricians, general practitioners, and midwives when negligent antenatal or perinatal care has been provided. There are numerous situations in which these health care professionals (or their employees) can be liable to pay damages. They can be sued if their negligence has harmed the mother, caused the birth of an injured, disabled, or stillborn child, or has resulted in the birth of an unwanted child. The book provides a comprehensive statement of the law on antenatal intervention to protect the fetus and on the responsibilities of those who care for pregnant women. By examining the nature of the relationship between a pregnant woman and her fetus, and the operation of child protection and criminal laws and the law of negligence, the book explores questions about maternal autonomy, the rights of the woman and the fetus, and the role of the law in protecting those rights and providing compensation when something goes wrong.

This book assesses the fragmentation of the U.S. health care system in chapters by the nation's leading professors in law, medicine, economics, health, business, and political science. The book demonstrates the extent of fragmentation among doctors who treat individual patients, even within single hospitals, and the even worse fragmentation that exists over time and across patients. The book further shows that this fragmentation leads to increased medical error, higher costs, less preventive care, and misallocations of health care resources. It identifies possible causes of fragmentation, including laws that mandate separate payments for each provider, restrict hospitals or others from controlling or rewarding the set of providers treating a patient to assure coordinated care, and provide affirmative disincentives for coordinating care by paying more for uncoordinated care that requires more services. Finally, the book examines and proposes reforms that could make our health care system less fragmented, more efficient, and more effective. The book and its proposals are particularly well-timed because the U.S. will have to consider these problems and how best to ameliorate them as the U.S. considers how best to implement its new health care statute.

This is a book for anyone who has ever paused to wonder: Will cloning ever be legal? Why it is that ‘saviour siblings’ and sex selection provoke such strong reactions? Will there ever be such a thing as an artificial womb? Assisted reproductive technologies are unique in their capacity to challenge our assumptions and elicit passionate responses. Looking at the moral, philosophical, and legal issues surrounding cases of surrogacy, single or same-sex parenthood, retrieval of sperm from dead or dying patients, and the insemination of post-menopausal women, this book questions whether these rapidly-developing technologies are refashioning the nature of the family. The UK has played a unique role in the development and regulation of reproductive technologies, and has been at the forefront of controversy over ‘saviour siblings’, designer babies, reproductive cloning, and embryo research. This book provides a clear and simple account of the techniques involved in assisted reproduction and embryo research, and discusses the legal and ethical implications of some of these technologies, illustrated by compelling descriptions of real-life cases. The book also addresses the ways in which reproductive technologies are regulated, critically examining the role of the Human Fertilisation and Embryology Authority and comparing the UK's approach with that of other countries. Finally, it contemplates the possibility that some of our most deeply-held assumptions about human nature may be called into question by further developments in stem cell research and fertility treatments.

This book deals with the following controversial issues in Jewish Law: abortion, assisted reproduction, genetics, the obligation to heal, patient autonomy, treatment of the terminally ill, the definition of death, organ donations, and the allocation of scarce medical resources. The book focuses upon the complex interplay between legal and moral elements in the decision-making process, particularly when questions of life and death (such as abortion and treatment of the terminally ill) are involved. The author argues that the moral element in Jewish biomedical law is of a universal, rational nature, and its theoretical basis may be located in a weak form of Natural law theory regarding the value of human life in the Jewish legal tradition. The concept of patient autonomy in Jewish biomedical law is more limited than in contemporary liberal jurisprudence, and is based upon theological as well as strictly legal elements. The influence of scientific thinking upon the decision-making process in Jewish biomedical law is illustrated in a discussion of the contemporary debate concerning the permissibility of heart transplants. In most chapters, Jewish law is compared and contrasted with Canon and Common Law, and the volume also discusses the role played by Jewish biomedical law in modern, secular Israeli law. In this context, it addresses the thorny issue of combining religious law with democratic principles within the framework of a secular legal system.

This book is the latest volume in the Current Legal Issues series, which 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 colloqium 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 contains a broad range of essays by scholars of law, medicine, biosciences, and philosophy interested in the interactions between law and bioethics. It includes topical 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. This book will be of interest to scholars and advanced students of legal theory, moral philosophy, medical law, bioethics, and medical ethics.

The book explains the principle of the sanctity or inviolability of human life and its continuing relevance to English law governing aspects of medical practice at the beginning and end of life. It shows that the principle, though widely recognized as an historic and foundational principle of the common law, has been widely misunderstood, not least 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 care.

This book, the third volume in the Current Legal Issues series, provides a treatment of an area that will stimulate and enlighten anyone interested in law and medicine. This book considers the many areas where medicine intersects with the law. Advances in medical research, reproductive science, and genetic research give rise to ethical and legal issues that are well known. These are reflected in chapters on cloning, organ donation, choosing genetic characteristics, and the use of Viagra. At the same time changes in health care funding call into question the rights of patients, whilst a rise in medical negligence litigation calls into question the doctor’s duty of care. What rights will patients have in a privately funded health service and what room is there for the patient’s right to choose or refuse treatment in such a system? The changing structure of health care is in the government’s hands comes whilst the supply of technology and drugs flows unregulated by market forces. In the future clashes between what can be done and what ought to be done will be increasingly referred to the courts. All of these important and changing facets of law and medicine are reflected in this book.

Current Legal Issues, like its sister series 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. This book, the latest volume in the Current Legal Issues series, offers an insight into the state of law and neuroscience scholarship today. Focussing on the inter-connections between the two disciplines, it addresses the key issues informing current debates.

It has been said that how a society treats its least well-off members speaks volumes about its humanity. If so, treatment of the mentally ill suggests that American society is inhumane: swinging between overintervention and utter neglect, we sometimes force extreme treatments on those who do not want them, and at other times discharge mentally ill patients who do want treatment without providing adequate resources for their care in the community. Focusing on overinterventionist approaches, this book explores when, if ever, the mentally ill should be treated against their will. Basing the analysis on case and empirical studies, the book explores dilemmas raised by forced treatment in three contexts–civil commitment (forced hospitalization for noncriminals), medication, and seclusion and restraints. It argues that the best way to solve each of these dilemmas is, paradoxically, to be both more protective of individual autonomy and more paternalistic than current law calls for. For instance, while the book advocates relaxing the standards for first commitment after a psychotic episode, it also would prohibit extreme mechanical restraints (such as tying someone spread-eagled to a bed). Finally, because of the often extreme prejudice against the mentally ill in American society, the book proposes standards that, as much as possible, should apply equally to non-mentally ill and mentally ill people alike.