Roger Brownsword
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199545520.003.0002
- Subject:
- Law, Medical Law
This chapter is divided into four parts. The first part considers the view of ethics presented in the Nuffield Council on Bioethics' report, ‘Critical Care Decisions in Fetal and Neonatal Medicine: ...
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This chapter is divided into four parts. The first part considers the view of ethics presented in the Nuffield Council on Bioethics' report, ‘Critical Care Decisions in Fetal and Neonatal Medicine: Ethical Issues’. According to this view, bioethics has a dual function. On the one hand, it is a critical discipline that ‘investigates the underlying reasons or justifications for specific moral beliefs or moral codes’. On the other hand, bioethics should also seek out platforms and pockets of moral convergence and consensus. The second part sketches the author's view from a particular rights-led legal idealist perspective. The third part considers the nature of the plurality that a critical bioethics will construct, the extent to which that operates against consensus, and the scope for bioethics to play a practically useful role. Finally, some ways in which the critical capacity of bioethics might be further deployed are suggested. It is argued that bioethics needs to transcend the plurality by developing a critical understanding of moral community itself.Less
This chapter is divided into four parts. The first part considers the view of ethics presented in the Nuffield Council on Bioethics' report, ‘Critical Care Decisions in Fetal and Neonatal Medicine: Ethical Issues’. According to this view, bioethics has a dual function. On the one hand, it is a critical discipline that ‘investigates the underlying reasons or justifications for specific moral beliefs or moral codes’. On the other hand, bioethics should also seek out platforms and pockets of moral convergence and consensus. The second part sketches the author's view from a particular rights-led legal idealist perspective. The third part considers the nature of the plurality that a critical bioethics will construct, the extent to which that operates against consensus, and the scope for bioethics to play a practically useful role. Finally, some ways in which the critical capacity of bioethics might be further deployed are suggested. It is argued that bioethics needs to transcend the plurality by developing a critical understanding of moral community itself.
Richard Ashcroft
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199545520.003.0003
- Subject:
- Law, Medical Law
This chapter examines the relationship between bioethics and humans. The first part of the chapter briefly presents the debate over the value of the UNESCO Universal Declaration on Bioethics and ...
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This chapter examines the relationship between bioethics and humans. The first part of the chapter briefly presents the debate over the value of the UNESCO Universal Declaration on Bioethics and Human Rights. The second part proposes an account of the intellectual, sociological, and institutional differences between advocates of bioethical and human rights approaches to moral and social issues in health, medicine, and the life sciences. The third part discusses recent arguments that bioethics can be subsumed under the human rights umbrella. Finally, the chapter suggests some issues for future work on the relationship between human rights and bioethics.Less
This chapter examines the relationship between bioethics and humans. The first part of the chapter briefly presents the debate over the value of the UNESCO Universal Declaration on Bioethics and Human Rights. The second part proposes an account of the intellectual, sociological, and institutional differences between advocates of bioethical and human rights approaches to moral and social issues in health, medicine, and the life sciences. The third part discusses recent arguments that bioethics can be subsumed under the human rights umbrella. Finally, the chapter suggests some issues for future work on the relationship between human rights and bioethics.
Robin Mackenzie
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199545520.003.0014
- Subject:
- Law, Medical Law
This chapter aims to map relatively unexplored territories within the discursive environment surrounding the ethics and regulation of (re)productive liberties associated with synthetic biology. It ...
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This chapter aims to map relatively unexplored territories within the discursive environment surrounding the ethics and regulation of (re)productive liberties associated with synthetic biology. It argues that new technologies place an obligation upon us to regulate with possible futures in mind. Reading path-dependence as opportunity cost, if the adverse consequences of unfortunate choices are to be minimized, we must engage in the continuous iterative evaluations of regulatory structures variously characterized in terms of being ‘smart’ regulation or the denaturalization of biorisk.Less
This chapter aims to map relatively unexplored territories within the discursive environment surrounding the ethics and regulation of (re)productive liberties associated with synthetic biology. It argues that new technologies place an obligation upon us to regulate with possible futures in mind. Reading path-dependence as opportunity cost, if the adverse consequences of unfortunate choices are to be minimized, we must engage in the continuous iterative evaluations of regulatory structures variously characterized in terms of being ‘smart’ regulation or the denaturalization of biorisk.
Caroline Jones
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199545520.003.0015
- Subject:
- Law, Medical Law
This chapter analyses the routes by which Parliamentary bodies move from consultation to formulating public policy in the controversial field of assisted conception and related technological ...
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This chapter analyses the routes by which Parliamentary bodies move from consultation to formulating public policy in the controversial field of assisted conception and related technological developments. It explores the findings of the Department of Health consultation, focusing not only on the official interpretation of the data, but to alternative constructions and problems created by the quasi-quantitative representation of the material at some junctures. On the one hand, this process has led to greater empathy for the Department of Health and other official bodies in sifting through the myriad responses, but on the other hand a creeping cynicism has also taken hold. It is clear that there are significant issues about the way that data is presented by governmental and Parliamentary bodies, and even in the absence of the use of statistical data it remains feasible to skew the presentation of data in ways that are, strictly speaking, factually correct but simultaneously misleading about the dataset as a whole.Less
This chapter analyses the routes by which Parliamentary bodies move from consultation to formulating public policy in the controversial field of assisted conception and related technological developments. It explores the findings of the Department of Health consultation, focusing not only on the official interpretation of the data, but to alternative constructions and problems created by the quasi-quantitative representation of the material at some junctures. On the one hand, this process has led to greater empathy for the Department of Health and other official bodies in sifting through the myriad responses, but on the other hand a creeping cynicism has also taken hold. It is clear that there are significant issues about the way that data is presented by governmental and Parliamentary bodies, and even in the absence of the use of statistical data it remains feasible to skew the presentation of data in ways that are, strictly speaking, factually correct but simultaneously misleading about the dataset as a whole.
Amel Alghrani
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199545520.003.0017
- Subject:
- Law, Medical Law
This chapter examines the complex myriad of legal and ethical questions raised by ectogenesis. It describes how ectogenesis may arrive much sooner than anticipated and discusses how we already have a ...
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This chapter examines the complex myriad of legal and ethical questions raised by ectogenesis. It describes how ectogenesis may arrive much sooner than anticipated and discusses how we already have a form of ectogenesis in the neonatal ward. The discussion is split into two parts; the first part examines partial ectogenesis, whereby conception and gestation initially take place within the woman's body, but at some point during the pregnancy the foetus is transferred to an ectogenic device for the remaining gestation period. The parallel situation of how ectogenesis has the potential to increase the reproductive choices of women who may want to end their pregnancy but not the life of the foetus is then considered. The second part focuses on complete ectogenesis, whereby a foetus is created outside a woman's body (via IVF) and then immediately transferred into an artificial womb where it is gestated for the entire forty-week period.Less
This chapter examines the complex myriad of legal and ethical questions raised by ectogenesis. It describes how ectogenesis may arrive much sooner than anticipated and discusses how we already have a form of ectogenesis in the neonatal ward. The discussion is split into two parts; the first part examines partial ectogenesis, whereby conception and gestation initially take place within the woman's body, but at some point during the pregnancy the foetus is transferred to an ectogenic device for the remaining gestation period. The parallel situation of how ectogenesis has the potential to increase the reproductive choices of women who may want to end their pregnancy but not the life of the foetus is then considered. The second part focuses on complete ectogenesis, whereby a foetus is created outside a woman's body (via IVF) and then immediately transferred into an artificial womb where it is gestated for the entire forty-week period.
Myriam Hunter-Henin
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso:acprof/9780199545520.003.0018
- Subject:
- Law, Medical Law
This chapter compares the French and English perspectives on surrogacy. If similar fears and concerns have been voiced in both countries, the legal reaction in each country differs greatly. The ...
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This chapter compares the French and English perspectives on surrogacy. If similar fears and concerns have been voiced in both countries, the legal reaction in each country differs greatly. The chapter also seeks a solution to surrogacy that could be acceptable to both legal systems and that would be more respectful of individual liberties than the current pragmatic English approach or the present repressive French position. It shows that surrogacy should be treated as part of the fundamental liberty of women to recognize the child they have just given birth to (which would imply that the surrogate is allowed to renege) or not (thus confirming in the context of surrogacy the pregnant woman's initial intention to give the child away to the commissioning couple). Surrogacy and its unenforceability would thus be intrinsically linked and justified on the basis of principles rather than moral imperatives or the assumptions of ‘nature’.Less
This chapter compares the French and English perspectives on surrogacy. If similar fears and concerns have been voiced in both countries, the legal reaction in each country differs greatly. The chapter also seeks a solution to surrogacy that could be acceptable to both legal systems and that would be more respectful of individual liberties than the current pragmatic English approach or the present repressive French position. It shows that surrogacy should be treated as part of the fundamental liberty of women to recognize the child they have just given birth to (which would imply that the surrogate is allowed to renege) or not (thus confirming in the context of surrogacy the pregnant woman's initial intention to give the child away to the commissioning couple). Surrogacy and its unenforceability would thus be intrinsically linked and justified on the basis of principles rather than moral imperatives or the assumptions of ‘nature’.
Jo Bridgeman
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso:acprof/9780199545520.003.0019
- Subject:
- Law, Medical Law
This chapter explores the private responsibilities and public obligations for the care of children with severe disabilities and their families. It argues for the need to develop a discourse of ...
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This chapter explores the private responsibilities and public obligations for the care of children with severe disabilities and their families. It argues for the need to develop a discourse of parental responsibility and framework of relational responsibilities that respects the rights of others, recognizes responsibility-taking and public obligations to support parents and professionals to fulfil their responsibilities to children.Less
This chapter explores the private responsibilities and public obligations for the care of children with severe disabilities and their families. It argues for the need to develop a discourse of parental responsibility and framework of relational responsibilities that respects the rights of others, recognizes responsibility-taking and public obligations to support parents and professionals to fulfil their responsibilities to children.
Jean V McHale
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso:acprof/9780199545520.003.0020
- Subject:
- Law, Medical Law
This chapter considers the potential benefits, problems, and regulatory challenges posed by the use of nanotechnology and nanoscience in medicine. It argues that there are different views as to ...
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This chapter considers the potential benefits, problems, and regulatory challenges posed by the use of nanotechnology and nanoscience in medicine. It argues that there are different views as to whether nanotechnology can be truly regarded as ‘special’ or ‘different’. It is really too early to resolve the question of whether this is truly a brave new regulatory dawn for health care law and bioethics. However, there is a range of pertinent issues that need to be addressed as pinpointed at both national and EU level in the many reviews as to the validity of such technologies, their safety, and the broader implications in relation to issues as diverse as patenting, informed consent, and confidentiality.Less
This chapter considers the potential benefits, problems, and regulatory challenges posed by the use of nanotechnology and nanoscience in medicine. It argues that there are different views as to whether nanotechnology can be truly regarded as ‘special’ or ‘different’. It is really too early to resolve the question of whether this is truly a brave new regulatory dawn for health care law and bioethics. However, there is a range of pertinent issues that need to be addressed as pinpointed at both national and EU level in the many reviews as to the validity of such technologies, their safety, and the broader implications in relation to issues as diverse as patenting, informed consent, and confidentiality.
Daniel Sperling
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199545520.003.0004
- Subject:
- Law, Medical Law
This chapter explores the relationship between law and bioethics and calls for a careful evaluation of the law's contributions to bioethics. It argues that while the law contributed extensively to ...
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This chapter explores the relationship between law and bioethics and calls for a careful evaluation of the law's contributions to bioethics. It argues that while the law contributed extensively to the development of bioethics, it introduced a language and a way of thinking that are not necessarily appropriate to handle and resolve bioethical issues, and which, in a significant portion of cases, was irrelevant and had little impact on decision-making and behavioural patterns of patients.Less
This chapter explores the relationship between law and bioethics and calls for a careful evaluation of the law's contributions to bioethics. It argues that while the law contributed extensively to the development of bioethics, it introduced a language and a way of thinking that are not necessarily appropriate to handle and resolve bioethical issues, and which, in a significant portion of cases, was irrelevant and had little impact on decision-making and behavioural patterns of patients.
Katerina Sideri
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199545520.003.0005
- Subject:
- Law, Medical Law
This chapter explores the philosophical tradition of virtue ethics to link the relevant discussion to bioethics, the idea of human flourishing, and the principles of practical reason, justice, and ...
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This chapter explores the philosophical tradition of virtue ethics to link the relevant discussion to bioethics, the idea of human flourishing, and the principles of practical reason, justice, and equity. It argues that a dynamic understanding of health, promoting empowerment and capacity building, should present us with a primary bioethical endeavour. This position brings to the foreground important questions as to the ways bioethics should be governed at the international level, whilst capturing the pluralist content of secular bioethics by means of stressing the importance of participation and deliberation when facing relevant regulatory dilemmas.Less
This chapter explores the philosophical tradition of virtue ethics to link the relevant discussion to bioethics, the idea of human flourishing, and the principles of practical reason, justice, and equity. It argues that a dynamic understanding of health, promoting empowerment and capacity building, should present us with a primary bioethical endeavour. This position brings to the foreground important questions as to the ways bioethics should be governed at the international level, whilst capturing the pluralist content of secular bioethics by means of stressing the importance of participation and deliberation when facing relevant regulatory dilemmas.
Michael Freeman (ed.)
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199545520.003.0006
- Subject:
- Law, Medical Law
This chapter considers a case study of global pharmaceutical patents to examine possible engagements between law, in particular human rights law, and bioethics. It argues that current theories of ...
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This chapter considers a case study of global pharmaceutical patents to examine possible engagements between law, in particular human rights law, and bioethics. It argues that current theories of public health law rarely address the interdependency between law at the national and international levels. But one cannot ‘isolate a state from its global interactions and focus on the relationship between law and public health within impermeable [national] borders’. There is a need for a ‘globalized theory of public health law’, which would include multinational organizations within its parameters.Less
This chapter considers a case study of global pharmaceutical patents to examine possible engagements between law, in particular human rights law, and bioethics. It argues that current theories of public health law rarely address the interdependency between law at the national and international levels. But one cannot ‘isolate a state from its global interactions and focus on the relationship between law and public health within impermeable [national] borders’. There is a need for a ‘globalized theory of public health law’, which would include multinational organizations within its parameters.
Alasdair R Maclean
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199545520.003.0007
- Subject:
- Law, Medical Law
The law, particularly the judge-made reactive common law, is always open to the influence of ethical discourses challenging the dominant view. In the context of healthcare provision, the power of the ...
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The law, particularly the judge-made reactive common law, is always open to the influence of ethical discourses challenging the dominant view. In the context of healthcare provision, the power of the medical profession traditionally allowed the dominant approach to remain relatively safe from external challenge. More recently, with the development of the discipline of bioethics and other societal changes, the traditional norms have come under increasing scrutiny and challenge and this continuing ethical critique is at its strongest in the field of healthcare law. This chapter examines the possible impact that this relatively new discourse has had on the legal regulation of consent to medical treatment, focusing particularly on the legal duty to disclose information.Less
The law, particularly the judge-made reactive common law, is always open to the influence of ethical discourses challenging the dominant view. In the context of healthcare provision, the power of the medical profession traditionally allowed the dominant approach to remain relatively safe from external challenge. More recently, with the development of the discipline of bioethics and other societal changes, the traditional norms have come under increasing scrutiny and challenge and this continuing ethical critique is at its strongest in the field of healthcare law. This chapter examines the possible impact that this relatively new discourse has had on the legal regulation of consent to medical treatment, focusing particularly on the legal duty to disclose information.
John Hearn
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199545520.003.0008
- Subject:
- Law, Medical Law
This chapter reviews some selected scientific advances as milestones in the development of the field of stem cell biology, and comments on the ethical, religious, and regulatory debate that has ...
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This chapter reviews some selected scientific advances as milestones in the development of the field of stem cell biology, and comments on the ethical, religious, and regulatory debate that has surrounded the often startling discoveries in cell and developmental biology. The chapter reflects the status of the field at the start of 2008 in the knowledge that there will certainly be further, significant discoveries over the next year and beyond that will reshape the debate further.Less
This chapter reviews some selected scientific advances as milestones in the development of the field of stem cell biology, and comments on the ethical, religious, and regulatory debate that has surrounded the often startling discoveries in cell and developmental biology. The chapter reflects the status of the field at the start of 2008 in the knowledge that there will certainly be further, significant discoveries over the next year and beyond that will reshape the debate further.
Shawn HE Harmon
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199545520.003.0009
- Subject:
- Law, Medical Law
This chapter considers and compares the stem cell research (SCR) regulation of two different jurisdictions: Argentina, a southern developing country and technology importer with aspirations to become ...
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This chapter considers and compares the stem cell research (SCR) regulation of two different jurisdictions: Argentina, a southern developing country and technology importer with aspirations to become an SCR power, and the United Kingdom, a northern developed country and recognized SCR leader. In addition to exposing the content and characterizing the model of the regulation adopted in each jurisdiction, the chapter considers how (and whether) the values have manifested within the regulation, and how (and whether) the regulation enhances or realizes these values ‘on the ground’ (i.e., do they translate these moral values into binding action guiding-legal rules?). It is shown that the morality of SCR remains contested, and so long as this situation endures, the chance of formal legal harmonization of substantive practices remains remote.Less
This chapter considers and compares the stem cell research (SCR) regulation of two different jurisdictions: Argentina, a southern developing country and technology importer with aspirations to become an SCR power, and the United Kingdom, a northern developed country and recognized SCR leader. In addition to exposing the content and characterizing the model of the regulation adopted in each jurisdiction, the chapter considers how (and whether) the values have manifested within the regulation, and how (and whether) the regulation enhances or realizes these values ‘on the ground’ (i.e., do they translate these moral values into binding action guiding-legal rules?). It is shown that the morality of SCR remains contested, and so long as this situation endures, the chance of formal legal harmonization of substantive practices remains remote.
Mark Henaghan
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199545520.003.0013
- Subject:
- Law, Medical Law
A gap exists between stating ethical principles and choosing which one to apply in a particular situation. Even when the choice of ethical principle is made, there is a gap between the expression of ...
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A gap exists between stating ethical principles and choosing which one to apply in a particular situation. Even when the choice of ethical principle is made, there is a gap between the expression of the principle and its interpretation when it is applied. At the point of application there is also a gap between the interpretation of the facts and the application of the principle. This chapter focuses on these gaps in the context of making law for new developments that are now available because of advances in genetic science.Less
A gap exists between stating ethical principles and choosing which one to apply in a particular situation. Even when the choice of ethical principle is made, there is a gap between the expression of the principle and its interpretation when it is applied. At the point of application there is also a gap between the interpretation of the facts and the application of the principle. This chapter focuses on these gaps in the context of making law for new developments that are now available because of advances in genetic science.
Margaret P. Battin, Leslie P. Francis, Jay A. Jacobson, and Charles B. Smith
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195335842
- eISBN:
- 9780199868926
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195335842.003.0021
- Subject:
- Philosophy, General
This concluding chapter explores the implications of the PVV view in two major areas. First, as a philosophic tool, the PVV view can be used to assess and enhance both theoretical and applied ...
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This concluding chapter explores the implications of the PVV view in two major areas. First, as a philosophic tool, the PVV view can be used to assess and enhance both theoretical and applied accounts: the examples here are principlist bioethics, as in Principles of Biomedical Ethics by Tom Beauchamp and James Childress; theorizing about capabilities, as in the work of Amartya Sen and Martha Nussbaum; and liberal individualism. Second, the PVV view can be used as a tool in policy analysis: it can show how some historical policies have overemphasized vectorhood and underemphasized victimhood (for example, the isolation of lepers on Molokai, Hawaii; the quarantine of Chinese for plague in San Francisco; and “Typhoid Mary” and “Patient Zero”); others have overemphasized victimhood and underemphasized vectorhood (for example, the critique of the Tuskeegee syphilis experiments and the HPV immunization campaign). In some, the balance is controversial (HIV/AIDS containment in Cuba; isolation of MRSA patients in modern hospitals); and in some, it appears well-balanced (Canada's exit policy for people with active tuberculosis).Less
This concluding chapter explores the implications of the PVV view in two major areas. First, as a philosophic tool, the PVV view can be used to assess and enhance both theoretical and applied accounts: the examples here are principlist bioethics, as in Principles of Biomedical Ethics by Tom Beauchamp and James Childress; theorizing about capabilities, as in the work of Amartya Sen and Martha Nussbaum; and liberal individualism. Second, the PVV view can be used as a tool in policy analysis: it can show how some historical policies have overemphasized vectorhood and underemphasized victimhood (for example, the isolation of lepers on Molokai, Hawaii; the quarantine of Chinese for plague in San Francisco; and “Typhoid Mary” and “Patient Zero”); others have overemphasized victimhood and underemphasized vectorhood (for example, the critique of the Tuskeegee syphilis experiments and the HPV immunization campaign). In some, the balance is controversial (HIV/AIDS containment in Cuba; isolation of MRSA patients in modern hospitals); and in some, it appears well-balanced (Canada's exit policy for people with active tuberculosis).
Margaret P. Battin, Leslie P. Francis, Jay A. Jacobson, and Charles B. Smith
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195335842
- eISBN:
- 9780199868926
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195335842.003.0005
- Subject:
- Philosophy, General
During the formative period of bioethics, the field of public health also directed attention largely away from infectious disease, to issues such as environmental degradation, workplace safety, ...
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During the formative period of bioethics, the field of public health also directed attention largely away from infectious disease, to issues such as environmental degradation, workplace safety, smoking, and obesity. This chapter presents careful documentation of this development—as well as the virtually complete separation, until quite recently, of the fields of bioethics and public health. The past ten years, by contrast, have seen burgeoning development of public health ethics, including extensive efforts to link protection of public health with the right to health care and international human rights initiatives. The standard picture of public health ethics as utilitarian and bioethics as rights-based has shifted somewhat, especially with rights-based approaches to the HIV epidemic. Nonetheless, it is argued that public health ethics has yet to come to terms with the full theoretical challenges posed by infectious disease.Less
During the formative period of bioethics, the field of public health also directed attention largely away from infectious disease, to issues such as environmental degradation, workplace safety, smoking, and obesity. This chapter presents careful documentation of this development—as well as the virtually complete separation, until quite recently, of the fields of bioethics and public health. The past ten years, by contrast, have seen burgeoning development of public health ethics, including extensive efforts to link protection of public health with the right to health care and international human rights initiatives. The standard picture of public health ethics as utilitarian and bioethics as rights-based has shifted somewhat, especially with rights-based approaches to the HIV epidemic. Nonetheless, it is argued that public health ethics has yet to come to terms with the full theoretical challenges posed by infectious disease.
Margaret P. Battin, Leslie P. Francis, Jay A. Jacobson, and Charles B. Smith
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195335842
- eISBN:
- 9780199868926
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195335842.003.0006
- Subject:
- Philosophy, General
Traditional liberal paradigms in bioethics have rested on a misleading picture of the self as a separate individual. This chapter develops a biologicized picture of the self as a “way station”: so to ...
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Traditional liberal paradigms in bioethics have rested on a misleading picture of the self as a separate individual. This chapter develops a biologicized picture of the self as a “way station”: so to speak, a launching pad and breeding ground of biological organisms, some pathological and many benign, that are transmitted from one human individual to another. Understanding people as way-station selves embedded in a web of infectious disease requires rethinking some of the most basic concepts of bioethics: autonomy, the harm principle, and responsibility, among others. The autonomous agent cannot be seen as an isolated individual, but must be viewed as acting in biological relationships with others. The harm principle's basic idea that intervention is permissible only to prevent people from harming each other must be reshaped by the recognition that there is no easy way to separate actions that harm only the individual him/herself from actions that affect others. Responsibility must be rethought in light of the biological reality that people may infect others unknowingly, and may never know the sources of the infections they contract. Although people may be more or less aware of their susceptibility to infectious disease, there is always a sense in which each person stands in unknown relationships of potential contagion to others.Less
Traditional liberal paradigms in bioethics have rested on a misleading picture of the self as a separate individual. This chapter develops a biologicized picture of the self as a “way station”: so to speak, a launching pad and breeding ground of biological organisms, some pathological and many benign, that are transmitted from one human individual to another. Understanding people as way-station selves embedded in a web of infectious disease requires rethinking some of the most basic concepts of bioethics: autonomy, the harm principle, and responsibility, among others. The autonomous agent cannot be seen as an isolated individual, but must be viewed as acting in biological relationships with others. The harm principle's basic idea that intervention is permissible only to prevent people from harming each other must be reshaped by the recognition that there is no easy way to separate actions that harm only the individual him/herself from actions that affect others. Responsibility must be rethought in light of the biological reality that people may infect others unknowingly, and may never know the sources of the infections they contract. Although people may be more or less aware of their susceptibility to infectious disease, there is always a sense in which each person stands in unknown relationships of potential contagion to others.
Margaret P. Battin, Leslie P. Francis, Jay A. Jacobson, and Charles B. Smith
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195335842
- eISBN:
- 9780199868926
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195335842.003.0008
- Subject:
- Philosophy, General
This chapter begins to put the PVV view to work in the analysis of both traditional and newer ethical issues in bioethics. Here, the chapter re-examines staple issues of bioethics such as ...
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This chapter begins to put the PVV view to work in the analysis of both traditional and newer ethical issues in bioethics. Here, the chapter re-examines staple issues of bioethics such as truth-telling, informed consent, privacy and confidentiality, and end-of-life decision making in light of the importance of taking both victimhood and vectorhood into account. To take one example, refusals of patients to be told the truth that might be respected on traditional autonomy grounds look quite different if the truth at issue includes possibilities of contagion. Informed consent must include a discussion of the risks the patient potentially poses to others—as well as the risks posed by others. Using the PVV view, this chapter also takes up more novel issues about duties of physicians, such as the duty to warn, the duty to treat, and the duty to reduce levels of mistakes. Physicians who are potentially infectious themselves, for example, have a duty to consider their own roles as vectors, not solely the interests of the patient.Less
This chapter begins to put the PVV view to work in the analysis of both traditional and newer ethical issues in bioethics. Here, the chapter re-examines staple issues of bioethics such as truth-telling, informed consent, privacy and confidentiality, and end-of-life decision making in light of the importance of taking both victimhood and vectorhood into account. To take one example, refusals of patients to be told the truth that might be respected on traditional autonomy grounds look quite different if the truth at issue includes possibilities of contagion. Informed consent must include a discussion of the risks the patient potentially poses to others—as well as the risks posed by others. Using the PVV view, this chapter also takes up more novel issues about duties of physicians, such as the duty to warn, the duty to treat, and the duty to reduce levels of mistakes. Physicians who are potentially infectious themselves, for example, have a duty to consider their own roles as vectors, not solely the interests of the patient.
Cynthia R Daniels
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199545520.003.0012
- Subject:
- Law, Medical Law
This chapter analyses the recruitment and marketing practices of the sperm banking industry in the United States. These practices raise ethical questions about the increasing commodification of sperm ...
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This chapter analyses the recruitment and marketing practices of the sperm banking industry in the United States. These practices raise ethical questions about the increasing commodification of sperm donors and the increasing stratification of sperm donors, whose value is determined not just by their health and vitality, but by the extent to which they mirror idealized traits of masculinity.Less
This chapter analyses the recruitment and marketing practices of the sperm banking industry in the United States. These practices raise ethical questions about the increasing commodification of sperm donors and the increasing stratification of sperm donors, whose value is determined not just by their health and vitality, but by the extent to which they mirror idealized traits of masculinity.
