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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 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.
Part 1: Principles
Chapter 1: Autonomy: Challenging the Consensus
Chapter 2: Other Contenders for a Voice
Non-maleficence: Primum Non Nocere: Above All, Do No harm
Beneficence
Justice
Professional Integrity
Rights and Duties
Chapter 3: Whose Autonomy?
Part 2: Before Life
Chapter 4: Reproductive Autonomy
Should One Be Required to Reproduce?
Should You Be Entitled to Have a Child?
Applications to Adopt
Applications by Prisoners
Chapter 5: Abortion
Chapter 6: Questions Raised by Reproductive Technology
Part 3: Between Birth and Death
Chapter 7: Confidentiality
What Principles Are Embodied in the Law of Confidentiality?
From Principle to Practice: Egdell, Genetic Counselling and Axon
W v Egdell
Genetic Counselling
The Sue Axon Case
Chapter 8: The Law of Consent
Duty to Prevent Suicide: Reeves v Commissioner of Police for the Metropolis
Autonomy Over One's Genitalia? R v Brown and Others
The Caesarean Section Cases
What Do We Mean When We Say 'I Want . . .'?
What is 'Relevant Information'?
Patient Responsibility
The Limits of Consent
Incidental Findings on Operation
Consent, Biobanks and the Effect of Analysing Consent Questions in ECHR Terms
The Notion of Capacity
Best Interests and Incompetent Adults
Children
Chapter 9: Litigation, Rights and Duties
Chapter 10: Medical Research on Humans
Chapter 11: The End of Life
Part 4: After Death
Chapter 12: Transplantation
Xenotransplantation
Live Donor Homotransplantation
Post-Mortem Homotransplantation
Chapter 13: The Ownership of Body Parts
Tissue From the Living
Tissue From the Living and the Dead
Existing Holdings
Who Can Give Consent?
Chapter 14: Epilogue
Erscheinungsjahr: | 2009 |
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Fachbereich: | Allgemeines |
Genre: | Importe, Recht |
Produktart: | Nachschlagewerke |
Rubrik: | Recht & Wirtschaft |
Medium: | Taschenbuch |
Inhalt: | Kartoniert / Broschiert |
ISBN-13: | 9781841139296 |
ISBN-10: | 1841139297 |
Sprache: | Englisch |
Einband: | Kartoniert / Broschiert |
Autor: | Foster, Charles |
Hersteller: | Bloomsbury 3PL |
Verantwortliche Person für die EU: | Libri GmbH, Europaallee 1, D-36244 Bad Hersfeld, gpsr@libri.de |
Maße: | 234 x 156 x 12 mm |
Von/Mit: | Charles Foster |
Erscheinungsdatum: | 27.02.2009 |
Gewicht: | 0,336 kg |