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Bioethics: Bridging from Morality to Law?

Roger Brownsword

in Law and Bioethics: Current Legal Issues Volume 11

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: ... More


The Troubled Relationship Between Bioethics and Human Rights

Richard Ashcroft

in Law and Bioethics: Current Legal Issues Volume 11

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 ... More


Synthetic Biology and (Re)productive Liberties: Biosecurity, Biosecrecy, and Regulating New Technologies with Futures in Mind

Robin Mackenzie

in Law and Bioethics: Current Legal Issues Volume 11

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 ... More


Exploring the Routes from Consultation to (In)forming Public Policy

Caroline Jones

in Law and Bioethics: Current Legal Issues Volume 11

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 ... More


Regulating the Reproductive Revolution: Ectogenesis—A Regulatory Minefield?

Amel Alghrani

in Law and Bioethics: Current Legal Issues Volume 11

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 ... More


Surrogacy: Is there Room for a New Liberty Between the French Prohibitive Position and the English Ambivalence?

Myriam Hunter-Henin

in Law and Bioethics: Current Legal Issues Volume 11

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 ... More


Children with Severe Disabilities and Their Families: Re-examining Private Responsibilities and Public Obligations from a Caring Perspective

Jo Bridgeman

in Law and Bioethics: Current Legal Issues Volume 11

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 ... More


Nanomedicine—Small Particles, Big Issues: A New Regulatory Dawn for Health Care Law and Bioethics?

Jean V McHale

in Law and Bioethics: Current Legal Issues Volume 11

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 ... More


Law and Bioethics: A Rights-Based Relationship and Its Troubling Implications

Daniel Sperling

in Law and Bioethics: Current Legal Issues Volume 11

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 ... More


Health, Global Justice, and Virtue Bioethics

Katerina Sideri

in Law and Bioethics: Current Legal Issues Volume 11

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 ... More


Law, Human Rights, and the Bioethical Discourse

Michael Freeman (ed.)

in Law and Bioethics: Current Legal Issues Volume 11

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 ... More


Magic, Myths, and Fairy Tales: Consent and the Relationship Between Law and Ethics

Alasdair R Maclean

in Law and Bioethics: Current Legal Issues Volume 11

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 ... More


Stem Cell Promises—Rhetoric and Reality

John Hearn

in Law and Bioethics: Current Legal Issues Volume 11

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 ... More


Motivating Values and Regulatory Models for Emerging Technologies: Stem Cell Research Regulation in Argentina and the United Kingdom

Shawn HE Harmon

in Law and Bioethics: Current Legal Issues Volume 11

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 ... More


Bioethics and Law in Action—Mining the Gaps: The Human Genome Research Project

Mark Henaghan

in Law and Bioethics: Current Legal Issues Volume 11

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 ... More


Marketing Masculinity: Bioethics and Sperm Banking Practices in the United States

Cynthia R Daniels

in Law and Bioethics: Current Legal Issues Volume 11

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 ... More


Cultures of Life: Embryo Protection and the Pluralist State

Patrick Hanafin

in Law and Bioethics: Current Legal Issues Volume 11

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199545520
eISBN:
9780191721113
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199545520.003.0010
Subject:
Law, Medical Law

This chapter examines the Italian experience in relation to the governance of human reproduction. Successive Italian governments have tended to avoid addressing issues of bioethical controversy in an ... More


Precautionary Reasoning in Determining Moral Worth

Stephen W Smith

in Law and Bioethics: Current Legal Issues Volume 11

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199545520
eISBN:
9780191721113
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199545520.003.0011
Subject:
Law, Medical Law

This chapter presents a possible personhood theory that shifts the burden of proof away from the entity under consideration. It argues that we ought to exercise caution when making determinations ... More


Law and Bioethics: Constructing the Inter-Discipline

Michael Freeman (ed.)

in Law and Bioethics: Current Legal Issues Volume 11

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199545520
eISBN:
9780191721113
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199545520.003.0001
Subject:
Law, Medical Law

This chapter begins with a discussion of the roots of ethical thinking about medical decision-making. It then considers bioethical disputes and the value of law of bioethicists. It argues that when ... More


Choosing Tomorrow's Children: The Ethics of Selective Reproduction

Stephen Wilkinson

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199273966
eISBN:
9780191706585
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199273966.001.0001
Subject:
Philosophy, Moral Philosophy, Political Philosophy

To what extent should parents be allowed to use selection technologies (such as preimplantation genetic diagnosis) to determine the characteristics of their children? And is there something morally ... More


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