Persons And Their Bodies Rights Responsibilities Relationships
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Persons And Their Bodies Rights Responsibilities Relationships
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Author : Mark J. Cherry
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-04-11
Persons And Their Bodies Rights Responsibilities Relationships written by Mark J. Cherry and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-04-11 with Medical categories.
Debate regarding organ sales is largely innocent of the history of thought on the matter. This volume seeks to remedy this shortcoming. Positions for or against a market in human organs are nested within moral intuitions, ontological or political theoretical premises, or understandings of special moral concerns, such as permissible uses of the body, which have a long history of analysis. The essays compass the views of Plato, Aristotle, Aquinas, Locke, Kant, Hegel, Mill and Christianity, as well as particular methodological approaches, such as the phenomenology of the body, natural law theory, legal theory and libertarian critique of legal theory. These discussions cluster a number of conceptually independent philosophical concerns: (1) What is the appropriate understanding of the relationship between persons and their bodies? (2) What does it mean to `own' an organ? (3) Do governments have moral authority to regulate how persons use their own body parts? (4) What are the costs and benefits of a market in human organs? Such questions are related by an urgent public health challenge: the considerable disparity between the number of patients who could significantly benefit from organ transplantation and the number of human organs available for transplantation. This volume explores the theoretical, normative, and historical foundations for alternative policies for procurement and transplantation of human organs.
The Fundamentals Of Bioethics Legal Perspectives And Ethical Aproches
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Author : Scaria Kanniyakonil
language : en
Publisher: Scaria Kanniyakonil
Release Date : 2007
The Fundamentals Of Bioethics Legal Perspectives And Ethical Aproches written by Scaria Kanniyakonil and has been published by Scaria Kanniyakonil this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Bioethics categories.
Body Lore And Laws
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Author : Andrew Bainham
language : en
Publisher: Bloomsbury Publishing
Release Date : 2002-01-18
Body Lore And Laws written by Andrew Bainham and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-01-18 with Law categories.
This book,the second produced by the Cambridge Socio-Legal Group, is a collection of essays on the subject of law and the human body. As the title suggests, bodies and body parts are not only subject to regulation through formal legal processes, but also the meanings attached to particular bodies, and the significance accorded to some body parts, are aspects of broader cultural processes. In short, bodies are subjected to both lore and laws. The contributors, all leading academics in the fields of Law, Sociology, Psychology, Feminism, Criminology, Biology and Genetics, respectively, offer a range of interdisciplinary papers that critically examine how bodies are constructed and regulated in law. The book is divided into two parts. Part one is concerned with 'Making Bodies' and includes papers relating to transactions in human gametes, cloning, court-ordered caesarean sections, testing for genetic risk, the patenting of human genes and the social policy implications of the growth in genetic information. Part two is concerned with 'Using and Abusing Bodies'. It contains chapters relating to sexualities, sexual orientation and the law, sex workers and their clients, domestic homicide, religious and cultural practices and other issues involving children's bodies, the ownership of the body and body parts and the legal and ethical issues surrounding euthanasia.
Being And Owning
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Author : Jesse Wall
language : en
Publisher: OUP Oxford
Release Date : 2015-06-18
Being And Owning written by Jesse Wall and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-18 with Law categories.
When part of a person's body is separated from them, or when a person dies, it is unclear what legal status the item of bodily material is able to obtain. A 'no property rule' which states that there is no property in the human body was first recorded in an English judgment in 1882. Claims based on property rights in the human body and its parts have failed on the basis that the human body is not the subject of property. Despite a recent series of exceptions to the 'no property rule', the law still has no clear answer as to the legal status of the body or its material. In this book, Wall examines the appropriate legal status of bodily material, and in doing so, develops a way for the law to address disputes over the use and storage of bodily material that, contrary to the current trend, resists the application of property law. Wall assesses when a person ought to be able to possess, control, use, or profit from, his or her own bodily material or the bodily material of another person. Bodily material may be valuable because it retains a functional unity with the body or is a material resource that is in short supply. With this in mind, Wall measures the extent to which property law can represent the rights and duties that protects the entitlement that a person may exercise in bodily material, and identifies the limits to the appropriate application of property law. An alternative to property law is developed with reference to the right of bodily integrity and the right to privacy.
Special Issue Human Rights
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Author : Austin Sarat
language : en
Publisher: Emerald Group Publishing
Release Date : 2011-08-03
Special Issue Human Rights written by Austin Sarat and has been published by Emerald Group Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-03 with Law categories.
Presents advanced scholarship on human rights. This work examines both the theoretical dimensions and dilemmas of human rights in the modern world and particular cases in which the problems and possibilities of human rights are examined.
Self Determination In Health Care
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Author : Leroy C. Edozien
language : en
Publisher: Routledge
Release Date : 2016-03-03
Self Determination In Health Care written by Leroy C. Edozien and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-03 with Medical categories.
It is generally accepted in legal and bioethical discourse that the patient has a right to self-determination. In practice though, this is often not the case. Paternalism is waning and it is increasingly recognised that there are values other than medical factors which determine the choices that patients make. Unfortunately, these developments have not resulted in huge advances for patient self-determination, which is largely because the consent model has fundamental flaws that constrain its effectiveness. This book sets out to offer an alternative model to consent. In the property model proposed here, the patient’s bodily integrity is protected from unauthorised invasion, and their legitimate expectation to be provided with the relevant information to make an informed decision is taken to be a proprietary right. It is argued that the property model potentially overcomes the limitations of the consent model, including the obstacle caused by the requirement to prove causation in consent cases. The author proposes that this model could in the future provide an alternative or complementary approach for the courts to consider when dealing with cases relating to self-determination in health care.
The State And The Body
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Author : Elizabeth Wicks
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-12-15
The State And The Body written by Elizabeth Wicks and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-15 with Law categories.
This book investigates the limits of the legitimate role of the state in regulating the human body. It questions whether there is a public interest in issues of bodily autonomy, with particular focus on reproductive choices, end of life choices, sexual autonomy, body modifications and selling the body. The main question addressed in this book is whether such autonomous choices about the human body are, and should be, subject to state regulation. Potential justifications for the state's intervention into these issues through mechanisms such as the criminal law and regulatory schemes are evaluated. These include preventing harm to others and/or to the individual involved, as well as more abstract concepts such as public morality, the sanctity of human life, and the protection of human dignity. The State and the Body argues that the state should be particularly wary about encroaching upon exercises of autonomy by embodied selves and concludes that only interventions based upon Mill's harm principle or, in tightly confined circumstances, the dignity of the human species as a whole should suffice to justify public intervention into private choices about the body.
Routledge Handbook Of Global Health Rights
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Author : Clayton Ó Néill
language : en
Publisher: Routledge
Release Date : 2021-05-30
Routledge Handbook Of Global Health Rights written by Clayton Ó Néill and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-30 with Health & Fitness categories.
This book examines the idea of a fundamental entitlement to health and healthcare from a human rights perspective. The volume is based on a particular conceptual reasoning that balances critical thinking and pragmatism in the context of a universal right to health. Thus, the primary focus of the book is the relationship or contrast between rights-based discourse/jurisprudential arguments and real-life healthcare contexts. The work sets out the constraints that are imposed on a universal right to health by practical realities such as economic hardship in countries, lack of appropriate governance, and lack of support for the implementation of this right through appropriate resource allocation. It queries the degree to which the existence of this legally enshrined right and its application in instruments such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR) can be more than an ephemeral aspiration but can, actually, sustain, promote, and instil good practice. It further asks if social reality and the inequalities that present themselves therein impede the implementation of laudable human rights, particularly within marginalised communities and cadres of people. It deliberates on what states and global bodies do, or could do, in practical terms to ensure that such rights are moved beyond the aspirational and become attainable and implementable. Divided into three parts, the first analyses the notion of a universal inalienable right to health(care) from jurisprudential, anthropological, legal, and ethical perspectives. The second part considers the translation of international human rights norms into specific jurisdictional healthcare contexts. With a global perspective it includes countries with very different legal, economic, and social contexts. Finally, the third part summarises the lessons learnt and provides a pathway for future action. The book will be an invaluable resource for students, academics, and policymakers working in the areas of health law and policy, and international human rights law.
Kidney For Sale By Owner
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Author : Mark J. Cherry
language : en
Publisher: Georgetown University Press
Release Date : 2015-12-28
Kidney For Sale By Owner written by Mark J. Cherry and has been published by Georgetown University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-28 with Medical categories.
If most Americans accept the notion that the market is the most efficient means to distribute resources, why should body parts be excluded? Each year thousands of people die waiting for organ transplants. Many of these deaths could have been prevented were it not for the almost universal moral hand-wringing over the concept of selling human organs. Kidney for Sale by Owner, now with a new preface, boldly deconstructs the roadblocks that are standing in the way of restoring health to thousands of people. Author and bioethicist Mark Cherry reasserts the case that health care could be improved and lives saved by introducing a regulated transplant organs market rather than by well-meant, but misguided, prohibitions.
Righting Health Policy
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Author : D. Robert MacDougall
language : en
Publisher: Bloomsbury Publishing PLC
Release Date : 2022-02-23
Righting Health Policy written by D. Robert MacDougall and has been published by Bloomsbury Publishing PLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-23 with Philosophy categories.
In Righting Health Policy, D. Robert MacDougall argues that bioethics needs but does not have adequate tools for justifying law and policy. Bioethics’ tools are mostly theories about what we owe each other. But justifying laws and policies requires more; at a minimum, it requires tools for explaining the legitimacy of actions intended to control or influence others. It consequently requires political, rather than moral, philosophy. After showing how bioethicists have consistently failed to use tools suitable for achieving their political aims, MacDougall develops an interpretation of Kant’s political philosophy. On this account, the legitimacy of health laws does not derive from the morality of the behaviors they require but derives instead from their role in securing our equal freedom from each other. MacDougall uses this Kantian account to show the importance of political philosophy for bioethics. First, he shows how evaluating kidney markets in terms of the legitimacy of prohibiting sales rather than the morality of selling kidneys reverses the widely accepted view that Kantian philosophy supports legally prohibiting markets. Second, MacDougall argues that an account of political authority is necessary for settling longstanding bioethics debates about the legal and even moral standards that should govern informed consent.