Towards A Rhetoric Of Medical Law
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Towards A Rhetoric Of Medical Law
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Author : John Harrington
language : en
Publisher: Routledge
Release Date : 2016-09-13
Towards A Rhetoric Of Medical Law written by John Harrington and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-13 with Law categories.
Challenging the dominant account of medical law as normatively and conceptually subordinate to medical or bioethics, this book provides an innovative account of medical law as a rhetorical practice. The aspiration to provide a firm grounding for medical law in ethical principle has not yet been realized. Rather, legal doctrine is marked, if anything, by increasingly evident contradiction and indeterminacy that are symptomatic of the inherently contingent nature of legal argumentation. Against the idea of a timeless, placeless ethics as the master discipline for medical law, this book demonstrates how judicial and academic reasoning seek to manage this contingency, through the deployment of rhetorical strategies, persuasive to concrete audiences within specific historical, cultural and political contexts. Informed by social and legal theory, cultural history and literary criticism, John Harrington’s careful reading of key judicial decisions, legislative proposals and academic interventions offers an original, and significant, understanding of medical law.
The Jurisdiction Of Medical Law
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Author : Kenneth Veitch
language : en
Publisher: Routledge
Release Date : 2017-11-30
The Jurisdiction Of Medical Law written by Kenneth Veitch and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-30 with Law categories.
This book offers a critical analysis of some of the guiding principles and assumptions that have been central to the development and identity of medical law. Focusing on several key cases in the field - including the 'Dianne Pretty' and 'Conjoined Twins' cases - the book scrutinizes the notions of autonomy and human rights, and explores the relationship between medical law and moral conflict. It also asks what role, if any, the courts might play in stimulating public debate about the ethics of controversial developments in medicine and biomedical science. This innovative book will be of interest to academics and students working in the areas of medical law, legal theory, bioethics and medical ethics. It will also appeal to those within the medical and health care professions seeking a critical analysis of the development and operation of medical law.
The Law Most Beautiful And Best
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Author : Randall Baldwin Clark
language : en
Publisher: Lexington Books
Release Date : 2003
The Law Most Beautiful And Best written by Randall Baldwin Clark and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Medical categories.
How can citizens be persuaded to voluntarily obey good laws? Randall Baldwin Clark addresses this question by looking at one of the oldest works ever to pose it: Plato's Laws. The Law Most Beautiful and Best explores one of the most striking metaphors in the Laws: the suggestion that the gentle and persuasive bedside manner that characterizes rational medicine should serve as the model for political persuasion. Clark's careful reading of the Laws challenges traditional interpretations of this metaphor, emphasizing instead the way the dialogue subtly reasserts the efficacy of the magical arts. Just as the Athenian stranger treats his patients with a combination of rational and irrational therapies, so too must the philosophical reader--should he wish to preserve his city's health--be willing to avail himself of both the gentle persuasion of reasoned discourse and the enchanting coercion of irrational rhetoric. Both a close examination of the Laws and a thoughtful approach to an ageless political dilemma, The Law Most Beautiful and Best is essential reading for scholars interested in jurisprudence, classics, rhetoric, and political science.
Text Cases Materials On Medical Law
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Author : Marc Stauch
language : en
Publisher: Routledge
Release Date : 2017-07-05
Text Cases Materials On Medical Law written by Marc Stauch and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Law categories.
Lucid and logical in structure, this new edition, previously entitled Sourcebook on Medical Law draws together a wide range of essential material, including extracts from statutes, cases and academic commentary from medical law; an area which is fast becoming an important part of undergraduate syllabuses.Fully updated to take account of recent developments in this dynamic area of law, it examines two major pieces of legislation: the Mental Capacity Act 2005 and the Human Tissue Act 2004 as well as a significant amount of new case law, including the House of Lords decisions in Chester v Afshar and Gregg v Scott and the Court of Appeal decision in R (on the application of Burke) v GMC and others.Divided into two parts, it covers:the general principles that permeate medical law, exploring illness and the ethics of care and healthcare in England and Wales and consent to treatment, confidentiality and medical malpracticeissues which arise in relation to specific areas of medical treatment, including infertility treatment and surrogacy, pregnancy and abortion, treating the incompetent, the mentally ill, medical research, organ transplants and euthanasia. This textbook is an invaluable reference tool for all those studying medical law as well as those studying medicine.
Briefcase On Medical Law
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Author : Alasdair Maclean
language : en
Publisher: Routledge
Release Date : 2013-03-04
Briefcase On Medical Law written by Alasdair Maclean and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-04 with Law categories.
Medical law is a relatively new area of law. It draws on, and overlaps with, many other areas of law such as tort, family law, human rights and criminallaw. Apart from this hybrid legal basis it is also informed by bioethical theory. This book draws those elements together to form a comprehendible andsuccinct overview. The cases and other relevant material will be linked byshort comments that help to explain their legal relevance. A brief introductionto the ethical principles that govern the provision of healthcare will provide aframework for considering the issues that arise in the cases.
Choosing Life Choosing Death
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Author : Charles Foster
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-02-27
Choosing Life Choosing Death written by Charles Foster and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-27 with Law categories.
Autonomy is a vital principle in medical law and ethics. It occupies a prominent place in all medico-legal and ethical debate. But there is a dangerous presumption that it should have the only vote, or at least the casting vote. This book is an assault on that presumption, and an audit of autonomy's extraordinary status. This book surveys the main issues in medical law, noting in relation to each issue the power wielded by autonomy, asking whether that power can be justified, and suggesting how other principles can and should contribute to the law. It concludes that autonomy's status cannot be intellectually or ethically justified, and that positive discrimination in favour of the other balancing principles is urgently needed in order to avoid some sinister results. 'This book is a sustained attack on the hegemony of the idea of autonomy in medical ethics and law. Charles Foster is no respecter of authority, whether of university professors or of law Lords. He grabs his readers by their lapels and shakes sense into them through a combination of no-nonsense rhetoric and subtle argument that is difficult to resist.' Tony Hope, Professor of Medical Ethics, Oxford University 'This book is unlikely to be in pristine state by the time you have finished reading it. Whether that is because you have thrown it in the air in celebration or thrown it across the room in frustration will depend on your perspective. But this book cannot leave you cold. It is a powerful polemic on the dominance of autonomy in medical law, which demands a reaction. Charles Foster sets out a powerful case that academic medical lawyers have elevated autonomy to a status it does not deserve in either ethical or legal terms. In a highly engaging, accessible account, he challenges many of the views which have become orthodox within the academic community. This will be a book which demands and will attract considerable debate.' Jonathan Herring, Exeter College, Oxford University 'This is a learned, lively and thought-provoking discussion of problems central to the courts' approach to ethical issues in medical law. What principles are involved? More significantly, which really underlie and inform the process of seeking justice in difficult cases? Charles Foster persuasively argues, and demonstrates, that respect for autonomy is but one of a number of ethical principles which interact and may conflict. He also addresses the sensitive issue of the extent to which thoughts and factors which go to influence legal decisions may not appear in the judgments.' Adrian Whitfield QC. 'Introducing the Jake La Motta of medical ethics. Foster is an academic street-fighter who has bloodied his hands in the court room. He provides a stinging, relentless, ground attack on the Goliath of medical ethics: the central place of autonomy in liberal medical ethics. This is now the first port of call for those who feel that medical ethics has become autonomized.' Julian Savulescu, Uehiro Chair in Practical Ethics, University of Oxford. "This important book offers a robust challenge to anyone, whether lawyer or 'ethicist', who sees respect for autonomy as the only game in town. It argues eloquently and effectively that, on the one hand, despite the reverence paid to it by judges, in practice the law, even in the context of consent, weaves together a number of moral threads of which autonomy is merely one, in the pursuit of a good decision. It argues on the other hand, that were the day-to-day practice of law to be guided primarily by respect for autonomy, this would be wrong. Foster concludes that whilst, 'any society that does not have laws robustly protecting autonomy is an unsafe and unhappy one', so too would be a society in which too much emphasis was placed on respect for autonomy at the expense of other important moral principles. This is essential reading for anyone interested in the role of autonomy and indeed of medical ethics, in the law." Michael Parker, Professor of Bioethics, University of Oxford
Medical Law
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Author : Ian Kennedy
language : en
Publisher: MICHIE
Release Date : 1989
Medical Law written by Ian Kennedy and has been published by MICHIE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Medical ethics categories.
Medical law is one of the fastest growing areas of legal study. This work is designed both to introduce the student to the great range of the subject and to make available to the student and practitioner alike the wealth of material now available in common law jurisdictions.
Medical Law
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Author : Jo Samanta
language : en
Publisher: Palgrave MacMillan
Release Date : 2011
Medical Law written by Jo Samanta and has been published by Palgrave MacMillan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Bioethics categories.
A major new text on Medical Law from an author team with both legal and medical expertise. Legal principles are set firmly in a practical context and the text is supported throughout with real life scenarios to illustrate key points.
Ethical Judgments
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Author : Stephen W. Smith
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-01-12
Ethical Judgments written by Stephen W. Smith and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-12 with Law categories.
This edited collection is designed to explore the ethical nature of judicial decision-making, particularly relating to cases in the health/medical sphere, where judges are often called upon to issue rulings on questions containing an explicit ethical component. However, judges do not receive any specific training in ethical decision-making, and often disown any place for ethics in their decision-making. Consequently, decisions made by judges do not present consistent or robust ethical theory, even when cases appear to rely on moral claims. The project explores this dichotomy by imagining a world in which decisions by judges have to be ethically as well as legally valid. Nine specific cases are reinterpreted in light of that requirement by leading academics in the fields of medical law and bioethics. Two judgments are written in each case, allowing for different views to be presented. Two commentaries - one ethical and one legal - then explore the ramifications of the ethical judgments and provide an opportunity to explore the two judgments from additional ethical and legal perspectives. These four different approaches to each judgment allow for a rich and varied critique of the decisions and ethical theories and issues at play in each case.
Routledge Handbook Of Mental Health Law
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Author : Brendan D. Kelly
language : en
Publisher: Taylor & Francis
Release Date : 2023-10-12
Routledge Handbook Of Mental Health Law written by Brendan D. Kelly and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-12 with Law categories.
Mental health law is a rapidly evolving area of practice and research, with growing global dimensions. This work reflects the increasing importance of this field, critically discussing key issues of controversy and debate, and providing up-to-date analysis of cutting-edge developments in Africa, Asia, Europe, the Americas, and Australia. This is a timely moment for this book to appear. The United Nations’ Convention on the Rights of Persons with Disabilities (2006) sought to transform the landscape in which mental health law is developed and implemented. This Convention, along with other developments, has, to varying degrees, informed sweeping legislative reforms in many countries around the world. These and other developments are discussed here. Contributors come from a wide range of countries and a variety of academic backgrounds including ethics, law, philosophy, psychiatry, and psychology. Some contributions are also informed by lived experience, whether in person or as family members. The result is a rich, polyphonic, and sometimes discordant account of what mental health law is and what it might be. The Handbook is aimed at mental health scholars and practitioners as well as students of law, human rights, disability studies, and psychiatry, and campaigners and law- and policy-makers.