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Introduction and Overview

Rebecca J. Cook, Bernard M. Dickens, and Mahmoud F. Fathalla

in Reproductive Health and Human Rights: Integrating Medicine, Ethics, and Law

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 ... More


The Age of Deference—A Historical Anomaly

Margaret Brazier

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/9780199545520.003.0025
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 ... More


The Law and Ethics of Medicine: Essays on the Inviolability of Human Life

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 ... More


Medical Regulation, Fitness To Practice and Revalidation: A critical introduction

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 ... More


Reproductive Health and Human Rights: Integrating Medicine, Ethics, 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 ... More


Law, ethics, and human tissue research: integration or competition?

José Miola

in Human Tissue Research: A European perspective on the ethical and legal challenges

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. ... More


Criminal Liability in a Medical Context: the Treatment of Good Intentions

Andrew Ashworth

in Harm and Culpability

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 ... More


Personality, Privacy and Autonomy in Medical Law

Graeme Laurie

in Rights of Personality in Scots Law: A Comparative Perspective

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 ... More


Respect as a precondition for use of human tissue for research purposes

Austen Garwood-Gowers

in Human Tissue Research: A European perspective on the ethical and legal challenges

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 ... More


Taming the Wind of Desire: Psychology, Medicine, and Aesthetics in Malay Shamanistic Performance

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 ... More


A New Father for the Law and Ethics of Medicine

John Keown

in Reason, Morality, and Law: The Philosophy of John Finnis

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 ... More


Rights of Personality in Scots Law: A Comparative Perspective

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” ... More


How the Philosophy Gets In

Jesse Wall

in Philosophical Foundations of Medical Law

Published in print:
2019
Published Online:
January 2020
ISBN:
9780198796558
eISBN:
9780191837814
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198796558.003.0008
Subject:
Law, Philosophy of Law, Medical Law

This chapter outlines some of the philosophical foundations of medical law, considering two ways in which philosophy infiltrates the law. First, philosophy gets in through reasoning about the law; it ... More


Introduction

Andelka M Phillips, Thana C de Campos, and Jonathan Herring

in Philosophical Foundations of Medical Law

Published in print:
2019
Published Online:
January 2020
ISBN:
9780198796558
eISBN:
9780191837814
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198796558.003.0001
Subject:
Law, Philosophy of Law, Medical Law

This introductory chapter argues that the advent of personalized medicine, precision medicine, and new consumer-focused services—such as personal genomics—is changing the nature of the traditional ... More


Philosophical Foundations of Medical Law

Andelka M. Phillips, Thana C. de Campos, and Jonathan Herring (eds)

Published in print:
2019
Published Online:
January 2020
ISBN:
9780198796558
eISBN:
9780191837814
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198796558.001.0001
Subject:
Law, Philosophy of Law, Medical Law

In recent years, there has been renewed interest in the philosophical foundations of medical law. With advances in personalized medicine, the nature of the doctor–patient relationship is being ... More


Consequentialism and the Law in Medicine

Julian Savulescu and Dominic Wilkinson

in Philosophical Foundations of Medical Law

Published in print:
2019
Published Online:
January 2020
ISBN:
9780198796558
eISBN:
9780191837814
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198796558.003.0005
Subject:
Law, Philosophy of Law, Medical Law

This chapter discusses consequentialism. There are two broad schools of ethical theory: consequentialism and non-consequentialism. According to consequentialism, the right act is that act which has ... More


Proportionality in Medical Law

Francisco J Urbina

in Philosophical Foundations of Medical Law

Published in print:
2019
Published Online:
January 2020
ISBN:
9780198796558
eISBN:
9780191837814
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198796558.003.0012
Subject:
Law, Philosophy of Law, Medical Law

The chapter surveys the use of proportionality reasoning in medical law, attempting to analyse the different requirements entailed by proportionality, and highlight some potential deficiencies of ... More


The Beginning and Ending of Life: Medical Law and Ethical Incoherence

John Keown

in Philosophical Foundations of Medical Law

Published in print:
2019
Published Online:
January 2020
ISBN:
9780198796558
eISBN:
9780191837814
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198796558.003.0011
Subject:
Law, Philosophy of Law, Medical Law

This chapter identifies several respects in which medical law in England and Wales suffers from a lack of ethical coherence in relation to its protection of human life. It argues that it is ... More


Trials and Tribulation: The Last Two Years, 1951–1953

Julian M. Pleasants

in The Political Career of W. Kerr Scott: The Squire from Haw River

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 ... More


Depressions Plural: Pathology and the Challenge of Values

K W M (Bill) Fulford, David Crepaz-Keay, and Giovanni Stanghellini

in Depression: Law and Ethics

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 ... More


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