Search results for: autonomy-consent-and-the-law

Autonomy Consent and the Law

Author : Sheila A.M. McLean
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Autonomy is often said to be the dominant ethical principle in modern bioethics, and it is also important in law. Respect for autonomy is said to underpin the law of consent, which is theoretically designed to protect the right of patients to make decisions based on their own values and for their own reasons. The notion that consent underpins beneficent and lawful medical intervention is deeply rooted in the jurisprudence of countries throughout the world. However, Autonomy, Consent and the Law challenges the relationship between consent rules and autonomy, arguing that the very nature of the legal process inhibits its ability to respect autonomy, specifically in cases where patients argue that their ability to act autonomously has been reduced or denied as a result of the withholding of information which they would have wanted to receive. Sheila McLean further argues that the bioethical debate about the true nature of autonomy – while rich and challenging – has had little if any impact on the law. Using the alleged distinction between the individualistic and the relational models of autonomy as a template, the author proposes that, while it might be assumed that the version ostensibly preferred by law – roughly equivalent to the individualistic model – would be transparently and consistently applied, in fact courts have vacillated between the two to achieve policy-based objectives. This is highlighted by examination of four specific areas of the law which most readily lend themselves to consideration of the application of the autonomy principle: namely refusal of life-sustaining treatment and assisted dying, maternal/foetal issues, genetics and transplantation. This book will be of great interest to scholars of medical law and bioethics.

Autonomy Informed Consent and Medical Law

Author : Alasdair Maclean
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Alasdair Maclean examines the ethical basis for consent to medical treatment and offers proposals for reform.

Law Policy and Reproductive Autonomy

Author : Erin Nelson
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Reproductive choices are at once the most private and intimate decisions we make in our lives and undeniably also among the most public. Reproductive decision making takes place in a web of overlapping concerns - political and ideological, socio-economic, health and health care - all of which engage the public and involve strongly held opinions and attitudes about appropriate conduct on the part of individuals and the state. Law, Policy and Reproductive Autonomy examines the idea of reproductive autonomy, noting that in attempting to look closely at the contours of the concept, we begin to see some uncertainty about its meaning and legal implications - about how to understand reproductive autonomy and how to value it. Both mainstream and feminist literature about autonomy contribute valuable insights into the meaning and implications of reproductive autonomy. The developing feminist literature on relational autonomy provides a useful starting point for a contextualised conception of reproductive autonomy that creates the opportunity for meaningful exercise of reproductive choice. With a contextualised approach to reproductive autonomy as a backdrop, the book traces aspects of the regulation of reproduction in Canadian, English, US and Australian law and policy, arguing that not all reproductive decisions necessarily demand the same level of deference in law and policy, and making recommendations for reform.

Ethics Law and Nursing

Author : Nina Fletcher
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An introduction to the ethical and legal dilemmas in nursing practice, this text is designed to provoke the nurse to reflect on the nature of his or her professional obligations and future practice. The authors firstly familiarise the reader with the basic principles of ethical debate and the overall structure of the legal system as it effects nurses. They then address the fundamental dilemmas of nursing practice, such as whether or not paternalism can ever be justified, if patients have the right to die, and what a nurse's response should be to poor professional practice by colleagues. The book aims to enhance the reader's understanding of the issues, and to educate nurses to develop their own skills of reasoning and judgement.

Patient s Autonomy Privacy and Informed Consent

Author : Helena Leino-Kilpi
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In this text an overview of the literature in patients' autonomy, privacy and informed consent has been made. This is important for many groups, and patients' rights were emphasized during the 1990s in many countries. The volume contains the laws and ethical codes referring to the topic.

Law and Ethics in Nursing and Health Care

Author : Judith Hendrick
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In a clear and accessible way, the author highlights the relationship between law and ethics explaining how, if and when they overlap and how they diverge.Written in a non-technical, comprehensible and concise style, this topical text presents information and then encourages the reader to work through the differences and similarities between law and ethics.It teases out comparisons and examines how the 'moral' approach differs from the 'legal' one. Case studies at the beginning of each chapter demonstrate scenarios that health professionals may face in day-to-day practice.These are then developed with a theoretical discussion of the legal and ethical issues they reflect.

An Ethical Framework for Complementary and Alternative Therapists

Author : Julie Stone
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Julie Stone demonstrates that ethical issues are no less relevant to complementary and alternative medicine (CAM) practitioners than to any other group of health professionals and she provides a detailed framework for practitioners thinking constructively about how ethics impact on their work.

Law and Ethics in Children s Nursing

Author : Judith Hendrick
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Law and Ethics in Children's Nursing is an important and practical guide on the legal and ethical spects of child healthcare that enables nurses to understand the legal and ethical principles that underpin everyday nursing practice. It explores the concept of childhood and children's rights, the extent to which their rights are upheld in a variety of settings, and the relationship between law and ethics and how they interact in resolving problems and dilemmas that commonly arise in practice. With case studies, learning outcomes and scenarios throughout, Law and Ethics in Children's Nursing places the care and treatment of children in a legal and ethical framework, and explores the way in which legal and ethical aspects of children's nursing differ from those of adults. It explores general principles such as autonomy and consent, confidentiality, accountability and negligence. It then goes on to look at specialist areas such as abortion, sterilisation, research, mental health, organ donation, child protection and death.

Medical Law A Very Short Introduction

Author : Charles Foster
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Medical law is concerned with our bodies, and what happens to them during and after our lives. When things go wrong with our bodies, we want to know what our rights are, and what governs the conduct of the clinicians into whose hands we put our lives and limbs. Dealing with matters of life and death, it can therefore have a fundamental impact on medical practice. Headlines in the media often involve the core issues of medical law - organ transplantation, abortion, withdrawal of treatment, euthanasia, confidentiality, research on humans - these are topics that affect us all. Headlines can misrepresent, however. In order to fully understand the issues and their relevance, we have to delve into the cases and into the principles behind them. In this highly readable Very Short Introduction, Charles Foster explores different examples to illustrate the key problems and principles of medical law. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Victims in the War on Crime

Author : Markus Dirk Dubber
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Two phenomena have shaped American criminal law for the past thirty years: the war on crime and the victims' rights movement. As incapacitation has replaced rehabilitation as the dominant ideology of punishment, reflecting a shift from an identification with defendants to an identification with victims, the war on crime has victimized offenders and victims alike. What we need instead, Dubber argues, is a system which adequately recognizes both victims and defendants as persons. Victims in the War on Crime is the first book to provide a critical analysis of the role of victims in the criminal justice system as a whole. It also breaks new ground in focusing not only on the victims of crime, but also on those of the war on victimless crime. After first offering an original critique of the American penal system in the age of the crime war, Dubber undertakes an incisive comparative reading of American criminal law and the law of crime victim compensation, culminating in a wide-ranging revision that takes victims seriously, and offenders as well. Dubber here salvages the project of vindicating victims' rights for its own sake, rather than as a weapon in the war against criminals. Uncovering the legitimate core of the victims' rights movement from underneath existing layers of bellicose rhetoric, he demonstrates how victims' rights can help us build a system of American criminal justice after the frenzy of the war on crime has died down.

Sexuality and the Law

Author : Vanessa Munro
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‘Rediscovering’ the peculiarity of feminist perspectives, rather than examining the broader range of gender-oriented analyses, in the area of legal regulation and sexuality, this edited collection avoids the ‘reductionist' and 'essentialist' shortcomings of ‘feminism unmodified’. With a substantial introductory chapter, written by the editors, summarizing the state of the law on core aspects of sexuality and providing a critical appraisal of the key themes and concerns, it analyzes and transcends the traditional dichotomised thinking (e.g coercion/choice, victim/agent) about the regulation of gender issues. It addresses a broad range of key themes including: crime the family and child contract law jurisprudence public and international law. Offering a space in which to re-vitalize a feminist conception of sexuality, this book is an essential read for law students interested in the legal implications of gender and sexuality.

Euthanasia Death with Dignity and the Law

Author : Hazel Biggs
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This book examines legal responses to euthanasia and whether legal reform is an appropriate response to calls for it to be more readily available.

Healthcare Decision Making and the Law

Author : Mary Donnelly
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This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focusing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.

The Law of Contract

Author : Hugh Collins
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This volume provides an advanced analysis of the law of contract for undergraduate courses covering the law of contract and the law of obligations.

Legal and Ethical Aspects of Anaesthesia Critical Care and Perioperative Medicine

Author : Stuart M. White
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A one-stop reference for all medical professionals who encounter ethicolegal problems during their management of patients.

Genital Autonomy

Author : George C. Denniston
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Circumcision affects 15.3 million children and young adults annually. In terms of gender, 13.3 million boys and 2 million girls are subjected to the involuntary removal of part or all of their external sexual organs every year. The problem of female circumcision has been addressed on an international level, but male circumcision remains a controversial subject that many academics have been reluctant to examine. Circumcision is tolerated today because it has been practiced for millennia by a small but vocal minority of religious and ethnic groups, however, when the practice is examined through the lens of modern legal, ethical, and human rights advancements, no place remains in civilized society for this body-altering ritual. In Genital Autonomy: Protecting Personal Choice, international experts address various types of genital modifications, the impact of these harmful traditional practices on the child, on human rights, and on the development of the concept of bodily integrity. The papers presented in this volume address these topics from a variety of angles. They question and dissects the true motivations of the doctors, witch doctors, and “holy men” who promote and profit from circumcision.

Choosing Life Choosing Death

Author : Charles Foster
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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

Personal Autonomy the Private Sphere and Criminal Law

Author : Peter Alldridge
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This book contains original essays by a distinguished group of jurists from six different European countries confronting the increasing range of legal and philosophical issues arising from the relationship between privacy and the criminal law. The collection is particularly timely in light of the incorporation into English law of the European Convention on Human Rights. It compares legal cultures and underlying assumptions with regard to the private sphere,personal autonomy and the supposed justifications for State interference through criminalization and the implementation of substantive criminal law. The book moves from treatment of general ideas like the relationship between sovereignty, the nation-state and substantive criminal law in the new European context, (with its concomitant aspiration towards the establishment of transnational morality) to more detailed consideration of specific areas of substantive law and procedure, viewed from a range of perspectives. Areas considered include euthanasia, surrogacy, female genital mutilation and sado-masochism.

Dental Ethics at Chairside

Author : David T. Ozar
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Every health care practitioner from Hippocrates to our own day has had to deal with questions of ethics in the effort to serve patients properly and well. The dental professional is no different. For nearly a decade, it has had sound ethical reflection on its side in the form of Dental Ethics at Chairside. In issues ranging from ordinary chairside decision making to HIV/AIDS and ethical business practices, the first edition of this book has guided thousands of dentists, dental hygienists, students, and other oral health care practitioners to an understanding of the essential practice of ethics. Now a revised, updated, and expanded edition of Dental Ethics at Chairside responds to the challenges of oral health care in the new century with chapters on managed care, confidentiality and electronic record-keeping, among other important topics.

Competency

Author : Mary Ann Gardell Cutter
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Some conferences produce proceedings, others an inspiration to labor, which finally leads to a published work. Such has been the case with regard to this volume. In 1984, the Center for Ethics, Medicine, and Public Issues held a conference with the title 'When are Competent Patients Incompetent?' with the support of the Texas Committee for the Humanities, a state-based program of the National Endowment for the Humanities. Assistance was provided by both Baylor College of Medicine and the Institute of Religion. This conference evoked a con siderable interest in examining further the moral status of competency determinations in the clinical setting. This interest is realized in this volume, which now affords us an opportunity to thank all those individ uals who made the conference possible, only some of whom are acknowledged in this Preface. In particular, we wish to express our gratitude to Baruch A. Brody, Rebecca Dresser, the Honorable Jerome Jones, H. Steven Moffic, Margery W. Shaw, Eleanor Tinsley, and Albert Van HeIden. The volume took its shape through the labors of Earl Shelp and Mary Ann Gardell Cutter, who inspired the further evolution of the papers presented at the conference and attracted contributions from individuals who had not attended. Earl Shelp and Mary Ann Gardell Cutter have produced a volume following extensive reflection and dialogue; they were ably assisted in the final preparation of the manu script by Thomas J. Bole III and George Khushf, to whom special thanks are due.