Rebecca J. Cook, Bernard M. Dickens, and Mahmoud F. Fathalla
- Published in print:
- 2003
- Published Online:
- October 2011
- ISBN:
- 9780199241323
- eISBN:
- 9780191696909
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199241323.003.0001
- Subject:
- Philosophy, Moral Philosophy
This introductory chapter first sets out the purpose of the book, which is to equip practitioners of broadly defined disciplines that affect health to understand how medical knowledge, ethics, and ...
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This introductory chapter first sets out the purpose of the book, which is to equip practitioners of broadly defined disciplines that affect health to understand how medical knowledge, ethics, and law, including the part of law that encompasses human rights values, can interact with each other to improve reproductive and sexual health. The purpose is not so much to deepen understanding of origins and responses to reproductive and sexual ill-health, but rather to widen it. An overview of the subsequent chapters is then presented.Less
This introductory chapter first sets out the purpose of the book, which is to equip practitioners of broadly defined disciplines that affect health to understand how medical knowledge, ethics, and law, including the part of law that encompasses human rights values, can interact with each other to improve reproductive and sexual health. The purpose is not so much to deepen understanding of origins and responses to reproductive and sexual ill-health, but rather to widen it. An overview of the subsequent chapters is then presented.
Margaret Brazier
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso:acprof/9780199545520.003.0025
- Subject:
- Law, Medical Law
This chapter considers the relevance of studying the history of medical law. The history of medical law has been little explored, at least by legal scholars. It is argued that even a brief excursion ...
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This chapter considers the relevance of studying the history of medical law. The history of medical law has been little explored, at least by legal scholars. It is argued that even a brief excursion into past centuries demonstrates that many of the fundamental questions of medical law and ethics today have an ancient lineage. By treating too many developments as wholly ‘new’, we fail to learn from the past.Less
This chapter considers the relevance of studying the history of medical law. The history of medical law has been little explored, at least by legal scholars. It is argued that even a brief excursion into past centuries demonstrates that many of the fundamental questions of medical law and ethics today have an ancient lineage. By treating too many developments as wholly ‘new’, we fail to learn from the past.
John Keown
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199589555
- eISBN:
- 9780191741036
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199589555.001.0001
- Subject:
- Law, Medical Law
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 ...
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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.Less
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.
John Martyn Chamberlain
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9781447325444
- eISBN:
- 9781447325543
- Item type:
- book
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447325444.001.0001
- Subject:
- Public Health and Epidemiology, Public Health
This book critically examines the topics of medical fitness to practice tribunals and revalidation and how we as a society ensure doctors remain competent in their chosen speciality, through a ...
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This book critically examines the topics of medical fitness to practice tribunals and revalidation and how we as a society ensure doctors remain competent in their chosen speciality, through a critical socio-legal lens that draws on the disciplinary fields of medical sociology, criminology and law.Less
This book critically examines the topics of medical fitness to practice tribunals and revalidation and how we as a society ensure doctors remain competent in their chosen speciality, through a critical socio-legal lens that draws on the disciplinary fields of medical sociology, criminology and law.
Rebecca J. Cook, Bernard M. Dickens, and Mahmoud F. Fathalla
- Published in print:
- 2003
- Published Online:
- October 2011
- ISBN:
- 9780199241323
- eISBN:
- 9780191696909
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199241323.001.0001
- Subject:
- Philosophy, Moral Philosophy
The concept of reproductive health promises to play a crucial role in improving health care provision and legal protection for women around the world. This book is an authoritative and much-needed ...
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The concept of reproductive health promises to play a crucial role in improving health care provision and legal protection for women around the world. This book is an authoritative and much-needed introduction to and defence of the concept of reproductive health, which though internationally endorsed, is still contested. Chapters integrate related disciplines to provide a comprehensive picture. They analyse fifteen cases from different countries and cultures, and explore options for resolution. The aim is to equip readers to fashion solutions in their own health care circumstances, compatibly with ethical, legal and human rights principles.Less
The concept of reproductive health promises to play a crucial role in improving health care provision and legal protection for women around the world. This book is an authoritative and much-needed introduction to and defence of the concept of reproductive health, which though internationally endorsed, is still contested. Chapters integrate related disciplines to provide a comprehensive picture. They analyse fifteen cases from different countries and cultures, and explore options for resolution. The aim is to equip readers to fashion solutions in their own health care circumstances, compatibly with ethical, legal and human rights principles.
José Miola
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199587551
- eISBN:
- 9780191725630
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199587551.003.0008
- Subject:
- Public Health and Epidemiology, Public Health
This chapter considers the legislative process that led to the passing of the Human Tissue Act 2004, which regulates the removal, retention, and use of human organs and tissue in England and Wales. ...
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This chapter considers the legislative process that led to the passing of the Human Tissue Act 2004, which regulates the removal, retention, and use of human organs and tissue in England and Wales. It considers the factors that led to the perceived need for new legislation, and outlines the way in which the 2004 Act sought to solve the problems identified in the old law. However, the chapter further argues that the 2004 Act seeks to address not just a failure in law, but also a failure in medical ethics. It therefore also identifies and analyses the regulatory framework imposed by the new Act, which is intended to complement the law and ensure good practice, which the chapter argues to a degree imposes an ethical framework on medical practitioners.Less
This chapter considers the legislative process that led to the passing of the Human Tissue Act 2004, which regulates the removal, retention, and use of human organs and tissue in England and Wales. It considers the factors that led to the perceived need for new legislation, and outlines the way in which the 2004 Act sought to solve the problems identified in the old law. However, the chapter further argues that the 2004 Act seeks to address not just a failure in law, but also a failure in medical ethics. It therefore also identifies and analyses the regulatory framework imposed by the new Act, which is intended to complement the law and ensure good practice, which the chapter argues to a degree imposes an ethical framework on medical practitioners.
Andrew Ashworth
- Published in print:
- 1996
- Published Online:
- March 2012
- ISBN:
- 9780198260578
- eISBN:
- 9780191682124
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198260578.003.0016
- Subject:
- Law, Criminal Law and Criminology
When the criminal courts have to decide issues involving the conduct of medical practitioners, the general doctrines of the criminal law are sometimes subjected to considerable strain. The standard ...
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When the criminal courts have to decide issues involving the conduct of medical practitioners, the general doctrines of the criminal law are sometimes subjected to considerable strain. The standard formulation of intention in criminal law texts consists of either acting in order to bring about the prohibited result or, if the actor's purpose is otherwise, acting with awareness that the result is virtually certain to follow. This chapter examines how English courts have dealt with claims that certain conduct is justified on medical grounds and how the criminal law should deal with such claims. It discusses the concepts of recklessness, intention, exculpation, criminal liability, defence, the role of patient consent, reasonableness, proof of purpose, and the interface between criminal law and medical law.Less
When the criminal courts have to decide issues involving the conduct of medical practitioners, the general doctrines of the criminal law are sometimes subjected to considerable strain. The standard formulation of intention in criminal law texts consists of either acting in order to bring about the prohibited result or, if the actor's purpose is otherwise, acting with awareness that the result is virtually certain to follow. This chapter examines how English courts have dealt with claims that certain conduct is justified on medical grounds and how the criminal law should deal with such claims. It discusses the concepts of recklessness, intention, exculpation, criminal liability, defence, the role of patient consent, reasonableness, proof of purpose, and the interface between criminal law and medical law.
Graeme Laurie
- Published in print:
- 2009
- Published Online:
- May 2015
- ISBN:
- 9781845860271
- eISBN:
- 9781474406253
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845860271.003.0010
- Subject:
- Law, Constitutional and Administrative Law
Chapter 10 considers how the concepts of autonomy and dignity have developed in UK medical law. The law stands at a crossroads. The European Court of Human Rights holds that autonomy is an important ...
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Chapter 10 considers how the concepts of autonomy and dignity have developed in UK medical law. The law stands at a crossroads. The European Court of Human Rights holds that autonomy is an important underlying aspect of the right to respect for private life, and that dignity itself underpins the entire Convention, but without adequately defining these concepts. Protection of autonomy through dignity is one option. Controversial House of Lords decisions have purported to promote interests in autonomy and dignity through the negligence action. It is questionable however whether dignitarian-based models are based on principle. The concept of “dignity” is unclear and controversial. The current concer n with patient autonomy should not dominate personality rights in medical law. On the question whether a revitalised actio iniuriarum (or action of solatium for hurt to personality) could give appropriate effect to patients’ rights, Chapter 10 points to many practical deficiencies in the application of the action (“assuming it exists”) in a medical context, argues that it is probably too early to say whether the action can or will be developed by the courts, but concludes that there is scope for such a development. Since autonomy has been recognised as a human right, adequate remedies must be found for it.Less
Chapter 10 considers how the concepts of autonomy and dignity have developed in UK medical law. The law stands at a crossroads. The European Court of Human Rights holds that autonomy is an important underlying aspect of the right to respect for private life, and that dignity itself underpins the entire Convention, but without adequately defining these concepts. Protection of autonomy through dignity is one option. Controversial House of Lords decisions have purported to promote interests in autonomy and dignity through the negligence action. It is questionable however whether dignitarian-based models are based on principle. The concept of “dignity” is unclear and controversial. The current concer n with patient autonomy should not dominate personality rights in medical law. On the question whether a revitalised actio iniuriarum (or action of solatium for hurt to personality) could give appropriate effect to patients’ rights, Chapter 10 points to many practical deficiencies in the application of the action (“assuming it exists”) in a medical context, argues that it is probably too early to say whether the action can or will be developed by the courts, but concludes that there is scope for such a development. Since autonomy has been recognised as a human right, adequate remedies must be found for it.
Austen Garwood-Gowers
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199587551
- eISBN:
- 9780191725630
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199587551.003.0003
- Subject:
- Public Health and Epidemiology, Public Health
Medicine has long been one of the battlefields over which ideological warfare relating to whether it is imperative to respect human beings as ends has been fought. Part of the conflict has been ...
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Medicine has long been one of the battlefields over which ideological warfare relating to whether it is imperative to respect human beings as ends has been fought. Part of the conflict has been concerned with medical use of the human body and its constituent parts. Demand for such a use has burgeoned in the last century and increasingly become a hook upon which to attack emphasis on respect, obfuscate what it entails, and undermine commitment to protecting it. This chapter explores how this is specifically evident within discourse, practice, and governance concerned with use of tissue for research purposes and why it is problematic not only as a matter of ethics but also in the light of human rights principles.Less
Medicine has long been one of the battlefields over which ideological warfare relating to whether it is imperative to respect human beings as ends has been fought. Part of the conflict has been concerned with medical use of the human body and its constituent parts. Demand for such a use has burgeoned in the last century and increasingly become a hook upon which to attack emphasis on respect, obfuscate what it entails, and undermine commitment to protecting it. This chapter explores how this is specifically evident within discourse, practice, and governance concerned with use of tissue for research purposes and why it is problematic not only as a matter of ethics but also in the light of human rights principles.
John Keown
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199675500
- eISBN:
- 9780191757228
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199675500.003.0019
- Subject:
- Law, Philosophy of Law
This chapter outlines John Finnis' singular contribution to the discipline of the law and ethics of medicine in the UK and beyond across almost half a century. It argues that, not least because of ...
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This chapter outlines John Finnis' singular contribution to the discipline of the law and ethics of medicine in the UK and beyond across almost half a century. It argues that, not least because of the powerful, arguably uniquely powerful, combination of legal and philosophical expertise that he has brought to the discipline, he should be regarded as the ‘father’ of the discipline, or at least as one of its fathers.Less
This chapter outlines John Finnis' singular contribution to the discipline of the law and ethics of medicine in the UK and beyond across almost half a century. It argues that, not least because of the powerful, arguably uniquely powerful, combination of legal and philosophical expertise that he has brought to the discipline, he should be regarded as the ‘father’ of the discipline, or at least as one of its fathers.
Niall Whitty and Reinhard Zimmermann (eds)
- Published in print:
- 2009
- Published Online:
- May 2015
- ISBN:
- 9781845860271
- eISBN:
- 9781474406253
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845860271.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book considers topical issues relating to rights of privacy and other rights of personality in Scots private law in its unique historical and comparative context as Europe’s only “mixed” ...
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This book considers topical issues relating to rights of privacy and other rights of personality in Scots private law in its unique historical and comparative context as Europe’s only “mixed” (Roman/English) system of private law. Themes include the creation of a system of private law rights of personality (eg bodily integrity, personal security, physical liberty, reputation, privacy and dignity); the introduction of rights of privacy; the impact of the European Convention on Human Rights; the debate on rights of publicity (eg rights to the commercial exploitation of celebrity images); and the operation of personality rights in important specific areas of law such as intellectual property and medical law.Less
This book considers topical issues relating to rights of privacy and other rights of personality in Scots private law in its unique historical and comparative context as Europe’s only “mixed” (Roman/English) system of private law. Themes include the creation of a system of private law rights of personality (eg bodily integrity, personal security, physical liberty, reputation, privacy and dignity); the introduction of rights of privacy; the impact of the European Convention on Human Rights; the debate on rights of publicity (eg rights to the commercial exploitation of celebrity images); and the operation of personality rights in important specific areas of law such as intellectual property and medical law.
Carol Laderman
- Published in print:
- 1991
- Published Online:
- May 2012
- ISBN:
- 9780520069169
- eISBN:
- 9780520913707
- Item type:
- book
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520069169.001.0001
- Subject:
- Anthropology, Asian Cultural Anthropology
Charged with restoring harmony and relieving pain, the Malay shaman places his patients in a trance and encourages them to express their talents, drives, personality traits—the “Inner Winds” of Malay ...
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Charged with restoring harmony and relieving pain, the Malay shaman places his patients in a trance and encourages them to express their talents, drives, personality traits—the “Inner Winds” of Malay medical lore—in a kind of performance. These healing ceremonies, formerly viewed by Western anthropologists as exotic curiosities, actually reveal complex multicultural origins and a unique indigenous medical tradition whose psychological content is remarkably relevant to contemporary Western concerns. Accepted as apprentice to a Malay shaman, the author of this book learned and recorded every aspect of the healing séance, and found it comparable in many ways to the traditional dramas of Southeast Asia and of other cultures such as ancient Greece, Japan, and India. The Malay séance is a total performance, complete with audience, stage, props, plot, music, and dance, and the players include the patient along with the shaman and his troupe. At the center of the drama are pivotal relationships—among people, between humans and spirits, and within the self. The best of the Malay shamans are superb poets, dramatists, and performers as well as effective healers of body and soul.Less
Charged with restoring harmony and relieving pain, the Malay shaman places his patients in a trance and encourages them to express their talents, drives, personality traits—the “Inner Winds” of Malay medical lore—in a kind of performance. These healing ceremonies, formerly viewed by Western anthropologists as exotic curiosities, actually reveal complex multicultural origins and a unique indigenous medical tradition whose psychological content is remarkably relevant to contemporary Western concerns. Accepted as apprentice to a Malay shaman, the author of this book learned and recorded every aspect of the healing séance, and found it comparable in many ways to the traditional dramas of Southeast Asia and of other cultures such as ancient Greece, Japan, and India. The Malay séance is a total performance, complete with audience, stage, props, plot, music, and dance, and the players include the patient along with the shaman and his troupe. At the center of the drama are pivotal relationships—among people, between humans and spirits, and within the self. The best of the Malay shamans are superb poets, dramatists, and performers as well as effective healers of body and soul.
Julian M. Pleasants
- Published in print:
- 2014
- Published Online:
- May 2015
- ISBN:
- 9780813146775
- eISBN:
- 9780813156064
- Item type:
- chapter
- Publisher:
- University Press of Kentucky
- DOI:
- 10.5810/kentucky/9780813146775.003.0009
- Subject:
- History, Political History
Weakened by Frank Graham’s defeat, in 1951 Scott faced a contentious and conservative legislature determined to stop as much of his agenda as possible. He made a few new initiatives but essentially ...
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Weakened by Frank Graham’s defeat, in 1951 Scott faced a contentious and conservative legislature determined to stop as much of his agenda as possible. He made a few new initiatives but essentially hoped to prevent his previous gains from being dismantled. In his brusque and brash way, he assaulted the legislators for their conservative, hold-the-line policies. Angered by his broadsides, the legislators not only opposed every bill he presented; they also tried, unsuccessfully, to undermine his executive authority. Scott finally did make some gains on conservation issues—the development of water power and health issues—but very little else. He turned his attention to preventing a revival of the Ku Klux Klan in the state and praised the University of North Carolina Board of Trustees for allowing blacks into the medical and law schools. He constantly interacted with the African American community but never favored integration of the races. He was a gradualist and thought that most blacks wanted equal rights but not integration. In his last year as governor, as a lame duck (he could not succeed himself) he began firing those state employees who had criticized his policies and, in a fit of pique, severed ties with the conservative wing of the party. Leaving office in 1952, he had achieved momentous success in the fields of education, health care, and road building; his program built on a “foundation of human needs.” Most of the state’s newspapers praised his accomplishments, but Scott left office as one of the most controversial figures in the state’s history.Less
Weakened by Frank Graham’s defeat, in 1951 Scott faced a contentious and conservative legislature determined to stop as much of his agenda as possible. He made a few new initiatives but essentially hoped to prevent his previous gains from being dismantled. In his brusque and brash way, he assaulted the legislators for their conservative, hold-the-line policies. Angered by his broadsides, the legislators not only opposed every bill he presented; they also tried, unsuccessfully, to undermine his executive authority. Scott finally did make some gains on conservation issues—the development of water power and health issues—but very little else. He turned his attention to preventing a revival of the Ku Klux Klan in the state and praised the University of North Carolina Board of Trustees for allowing blacks into the medical and law schools. He constantly interacted with the African American community but never favored integration of the races. He was a gradualist and thought that most blacks wanted equal rights but not integration. In his last year as governor, as a lame duck (he could not succeed himself) he began firing those state employees who had criticized his policies and, in a fit of pique, severed ties with the conservative wing of the party. Leaving office in 1952, he had achieved momentous success in the fields of education, health care, and road building; his program built on a “foundation of human needs.” Most of the state’s newspapers praised his accomplishments, but Scott left office as one of the most controversial figures in the state’s history.
K W M (Bill) Fulford, David Crepaz-Keay, and Giovanni Stanghellini
- Published in print:
- 2017
- Published Online:
- October 2017
- ISBN:
- 9780198801900
- eISBN:
- 9780191840456
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198801900.003.0014
- Subject:
- Law, Human Rights and Immigration, Philosophy of Law
This chapter examines how values influence the heterogeneity of depression. The plurality of values is increasingly significant for contemporary person-centred mental health care with its emphasis on ...
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This chapter examines how values influence the heterogeneity of depression. The plurality of values is increasingly significant for contemporary person-centred mental health care with its emphasis on quality of life and development of self-manvnagement skills. Values-based practice is a partner with medical law invn working with the plurality of personal values. The chapter explains what values are, shows how the plurality of values influences the heterogeneity of depression at several levels, and provides an overview of values-based practice. It looks at the resources available for combining values-based practice with medical law in contemporary person-centred care and indicates some of the challenges this raises. It concludes with a brief reflection on these challenges understood as an instance of what the political philosopher Isaiah Berlin called the challenge of pluralism.Less
This chapter examines how values influence the heterogeneity of depression. The plurality of values is increasingly significant for contemporary person-centred mental health care with its emphasis on quality of life and development of self-manvnagement skills. Values-based practice is a partner with medical law invn working with the plurality of personal values. The chapter explains what values are, shows how the plurality of values influences the heterogeneity of depression at several levels, and provides an overview of values-based practice. It looks at the resources available for combining values-based practice with medical law in contemporary person-centred care and indicates some of the challenges this raises. It concludes with a brief reflection on these challenges understood as an instance of what the political philosopher Isaiah Berlin called the challenge of pluralism.
