Intention and Causation in Medical Non-Killing PDF Download
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Author: Glenys Williams
Publisher: Routledge
ISBN: 1135428344
Category : Law
Languages : en
Pages : 794
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Book Description
Analyzing the concepts of intention and causation in euthanasia, this timely new book explores a broad selection of disciplines, including criminal and medical law, medical ethics, philosophy and social policy and suggests an alternative solution to the one currently used by the courts, based on grading different categories of killing into a formalized justificatory defence. This text explores how culpability, blameworthiness and liability are ascribed and how ascertaining mens rea and actus reus are problematic in an end-of-life decision-making scenario. Williams criticizes the way the courts rely so exclusively on the criminal concepts of intention and causation in such medical scenarios and examines and raises awareness of the inadequate and inappropriate legal framework within in which judges have to operate. Topical and compelling, this significant contribution argues for a more open and honest approach which would, in turn, provide the certainty, consistency and equality required by the law. This is a quintessential read for all students studying medical and healthcare law and the legal aspects of health and medicine.
Author: Glenys Williams
Publisher: Routledge
ISBN: 1135428344
Category : Law
Languages : en
Pages : 794
Get Book Here
Book Description
Analyzing the concepts of intention and causation in euthanasia, this timely new book explores a broad selection of disciplines, including criminal and medical law, medical ethics, philosophy and social policy and suggests an alternative solution to the one currently used by the courts, based on grading different categories of killing into a formalized justificatory defence. This text explores how culpability, blameworthiness and liability are ascribed and how ascertaining mens rea and actus reus are problematic in an end-of-life decision-making scenario. Williams criticizes the way the courts rely so exclusively on the criminal concepts of intention and causation in such medical scenarios and examines and raises awareness of the inadequate and inappropriate legal framework within in which judges have to operate. Topical and compelling, this significant contribution argues for a more open and honest approach which would, in turn, provide the certainty, consistency and equality required by the law. This is a quintessential read for all students studying medical and healthcare law and the legal aspects of health and medicine.
Author: Ian Kennedy
Publisher: Oxford University Press, USA
ISBN: 0199544409
Category : Language Arts & Disciplines
Languages : en
Pages : 1317
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Book Description
Replete with references to primary sources and the secondary literature, this major undertaking provides a comprehensive exposition of English medical law, from the organization of health care to the legal meaning of death.
Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654604
Category : Law
Languages : en
Pages : 1294
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Book Description
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Author: Richard Huxtable
Publisher: Routledge
ISBN: 1317804562
Category : Law
Languages : en
Pages : 224
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Book Description
This book reflects on the many contributions made in and to European bioethics to date, in various locations, and from various disciplinary perspectives. In so doing, the book advances understanding of the academic and social status of European bioethics as it is being supported and practiced by various disciplines such as philosophy, law, medicine, and the social sciences, applied to a wide range of areas. The European focus offers a valuable counter-balance to an often prominent US understanding of bioethics. The volume is split into four parts. The first contains reflection on bioethics in the past, present and future, and also considers how comparison between countries and disciplines can enrich bioethical discourse. The second looks at bioethics in particular locations and contexts, including: policy, boardrooms and courtrooms; studios and virtual rooms; and society, while the third part explores the translation of theories and concepts of bioethics into the clinical setting. Chapter 10 of this book are freely available as downloadable Open Access PDFs under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9780415737197_oachapter10.pdf
Author: Kirsty Horsey
Publisher: Routledge
ISBN: 1317664809
Category : Law
Languages : en
Pages : 253
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Book Description
The Human Fertilisation and Embryology Act 2008 was a major update to the UK’s laws on the use and regulation of reproductive technology and assisted reproduction. Since the enactment of the new law, the sector’s regulatory body, the Human Fertilisation and Embryology Authority (HFEA), has also consulted on various related topics including barriers to egg and sperm donation in the UK, multiple births/single embryo transfer and using IVF technology to prevent mitochondrial disease. This book critically considers recent developments in human fertilisation legislation, asking whether the 2008 Act has achieved its stated aim of being fit for purpose. Bringing together a range of international experts, the book evaluates the fresh risks and challenges emerging from both established and existing technologies and techniques in the field of human fertilisation and embryology, as well as offering valuable insights into the social and regulatory challenges that lie ahead. Key topics include problems with DIY assisted conception; the lack of reform in respect of the regulation of surrogacy arrangements; and mitochondrial DNA transfer. As a review of the status of assisted reproduction legislation, this book will be of great use and interest to students, researchers and practitioners in medical law, bioethics, medicine and child welfare.
Author: Marcus Düwell
Publisher: Routledge
ISBN: 0415609917
Category : Law
Languages : en
Pages : 322
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Book Description
This book is a philosophically-oriented introduction to bioethics. It offers the reader an overview of key current debates in bioethics in the areas including organ retrieval, stem cell research, justice in healthcare and issues in environmental ethics including issues surrounding food and agriculture. The book also seeks to go beyond describing the issues in order to provide the reader with the methodological and theoretical tools for a more comprehensive understanding of bioethical debates. The book investigates the theoretical foundations and normative implications of bioethical debates and situates the areas of ethics into their philosophical context.
Author: Donald Evans
Publisher: Routledge
ISBN: 1134095872
Category : Health & Fitness
Languages : en
Pages : 235
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Book Description
Written by a leading proponent of the philosophy and ethics of healthcare, this volume is filled with thought-provoking and frequently controversial ideas and arguments. Accessibly written, it provides readers with a timely contribution to the current literature on medical ethics, in which the concept of subjectivity is a key issue characterizing current medical humanities. Examining the critical assumption that scientifically-demonstrable facts will remove all uncertainty, the author argues that ethical dimensions of clinical practice do not always arise from undisputed facts, but that they are sometimes to be found at the level of the determinations of the facts themselves. Firmly placing the patient back on centre stage, without underestimating the crucial role which science plays in modern medicine, this volume is an excellent account of ethics and science in healthcare and their proper place in assessing and meeting people’s health needs.
Author: Victoria Chico
Publisher: Routledge
ISBN: 1136731784
Category : Law
Languages : en
Pages : 239
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Book Description
Advances in genetic technology will lead to novel legal challenges. This book identifies four potential genomic claims which may be articulated as novel negligence challenges. Each of these claims is considered from the perspective of the English courts’ approach to novel kinds of damage. It is argued that these novel genomic claims are unlikely to be favourably received given the current judicial attitude to new forms of damage. However, Victoria Chico argues that the genomic claims could be conceived of as harm because they concern interferences with autonomy. Each claim is considered from the perspective of a hypothetical English negligence system imbued with explicit recognition of the interest in autonomy. Chico examines how recognition of this new form of damage would lead to novel genomic negligence claims being treated in a way which they would not, if considered within traditional parameters of harm in negligence.
Author: Sarah Devaney
Publisher: Routledge
ISBN: 1136014489
Category : Law
Languages : en
Pages : 250
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Book Description
Hopes are high that stem cell (SC) research will lead to treatments and cures for some of the most serious diseases affecting humankind today. SC science has been used in a treatment setting in the replacement of patients’ windpipes and in restoring sight to patients who were blind in one eye and in future it is hoped that when the body is injured it will be able to be stimulated to produce those types of SCs necessary to repair the particular damage caused. In the meantime, research into specific treatments for a wide range of serious conditions is being undertaken including Alzheimer’s disease, cancer, and diabetes. The book considers the regulatory governance of stem cell research, setting out a readily understandable account of the science and the challenges it poses for regulators as the research is increasingly being clinically applied. It provides a critical account of those elements of a regulatory system which will be required for any jurisdiction aiming to facilitate innovative and productive SC research while maintaining appropriate ethical and legal controls. The book addresses the specific failings in the current regulatory approach to SC research in the UK and goes on to look at the regulatory approaches in the US. The book systematically analyses the roles and responsibilities of the three key participants who collaborate in this process: regulators, scientists and tissue providers, arguing that a regulatory system which fails to recognise and facilitate the vital role which each of these three groups plays runs the risk of impairing the chances of the hopes for SC research being realised. The book places a particular emphasis on ensuring that those who contribute their bodily tissues to this endeavour are treated fairly, involving a recognition that their tissues are their property.
Author: Bernadette Mcsherry
Publisher: Routledge
ISBN: 1135016585
Category : Law
Languages : en
Pages : 365
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Book Description
There has been much debate about mental health law reform and mental capacity legislation in recent years with the UN Convention on the Rights of Persons with Disabilities also having a major impact on thinking about the issue. This edited volume explores the concept of ‘coercive care’ in relation to individuals such as those with severe mental illnesses, those with intellectual and cognitive disabilities and those with substance use problems. With a focus on choice and capacity the book explores the impact of and challenges posed by the provision of care in an involuntary environment. The contributors to the book look at mental health, capacity and vulnerable adult’s care as well as the law related to those areas. The book is split into four parts which cover: human rights and coercive care; legal capacity and coercive care; the legal coordination of coercive care and coercive care and individuals with cognitive impairments. The book covers new ground by exploring issues arising from the coercion of persons with various disabilities and vulnerabilities, helping to illustrate how the capacity to provide consent to treatment and care is impaired by reason of their condition.
