While the American legal system has played an important role in shaping the field of bioethics, Law and Bioethics is the first book on the subject designed to be accessible to readers with little or no legal background. Detailing how the legal analysis of an issue in bioethics often differs from the "ethical" analysis, the book covers such topics as abortion, surrogacy, cloning, informed consent, malpractice, refusal of care, and organ transplantation. Structured like a legal casebook, Law and Bioethics includes the text of almost all the landmark cases that have shaped bioethics. Jerry Menikoff offers commentary on each of these cases, as well as a lucid introduction to the U.S. legal system, explaining federalism and underlying common law concepts. Students and professionals in medicine and public health, as well as specialists in bioethics, will find the book a valuable resource.
Bioethics And The Law, Second Edition connects broad public healthcare issues with the concerns of the individual, and draws clear distinctions between policy, law, and ethical considerations. Offering more than just landmark cases, Dolgin and Shepherd present a revealing survey of the full range of contemporary healthcare issues, along with the various conflicts and confluences that surround them. A multidisciplinary approach that combines sources of law with scholarship from philosophy and sociology, Bioethics And The Law, Second Edition, features : thoughtful analysis of the discrepancies between broadly applied rules of law And The more specific concerns of the individual coverage of ongoing healthcare debates, examined on several fronts: the ethical implications of various means of financing healthcare, from managed care to Medicare/Medicaid to universal access the shifting parameters of the provider/patient relationship in healthcare ; the arguments surrounding restrictions on embryonic stem cell research, physician-assisted suicide, abortion, and use of genetic information the arguments surrounding restrictions on embryonic stem cell research, physician-assisted suicide, abortion, and use of genetic information discussion of socio-economic factors that shape healthcare and healthcare policy cradle-to-grave organization that traces a typical individual’s experience in the healthcare system starting from birth and continuing through adulthood a look at the public health implications of decisions by individuals as healthcare consumers/patients Glossary of Terms appendices that summarize recent developments in science and technology detailed Teacher’s Manual that includes answers To The problems and questions in the text, and suggests a variety of methods for teaching with the book an Authors’ Companion Website that includes chapter-by-chapter updates and “Bioethics and Law Links,” such as links To The Nuremberg Code and the American Medical Association Principles of Medical Ethics Updated throughout with recent case and statutory material, The revised Second Edition covers : Gonzales v. Carhart and Abigail Alliance v. von Eschenbach cutting-edge advances in biotechnology, such as stem cell research, cloning, and nanotechnology conflicts of interest facing health care providers and researchers discussion of universal health care proposals With the generous teaching support that authors Dolgin and Shepherd offer—a detailed Teacher’s Manual and companion website—you can teach this fascinating course For The first time with confidence. If you’ve already taught from the First Edition, then you’re probably looking forward to receiving your new desk copy of Bioethics And The Law, Second Edition .
Now in its Seventh Edition and in vivid full-color, this groundbreaking book continues to champion the “Have a Care” approach, while also providing readers with a strong ethical and legal foundation that enables them to better serve their clients. The book addresses all major issues facing healthcare professionals today, including legal concerns, important ethical issues, and the emerging area of bioethics.
With every new advancement in biotechnology, ethical and legal questions arise. Sometimes, those questions are easily addressed and settled. However, more often, these issues are not easily resolved and at times are left to the democratic process or markets to establish the boundaries of technological pioneering. In Biotechnology, Bioethics, and the Law, the authors canvass the broader fields, valleys, and pastures of biotechnology, providing mostly cases, but at times law review and medical journal articles to provide a comprehensive look at a given technology. Their goal is to encourage a critical engagement on the topics shared in the book, whether on cloning animals and plants for human consumption, drug regulation, or human reproduction and eugenics. Many of the cases contained in the book provide novel questions for judges. Some of these cases are the first impression for the courts, meaning that judges are attempting to learn the law in these new areas and develop its jurisprudence at the same time that the public -- or the reader -- are doing the same. As students read the cases, they are asked to consider whether they would reach the same conclusions as the courts. Are these issues better left to legislatures? Are markets the best forum for efficiently resolving biotechnological conundrums?
Examines the influence of biotechnology and biomedicine on daily life and public policy, and discusses the legal system's involvement in the resolution of ethical concerns raced by biomedical advances.
In the past few years an increasing number of colleges and universities have added courses in biomedical ethics to their curricula. To some extent, these additions serve to satisfy student demands for "relevance. " But it is also true that such changes reflect a deepening desire on the part of the academic community to deal effectively with a host of problems which must be solved if we are to have a health-care delivery system which is efficient, humane, and just. To a large degree, these problems are the unique result of both rapidly changing moral values and dramatic advances in biomedical technology. The past decade has witnessed sudden and conspicuous controversy over the morality and legality of new practices relating to abortion, therapy for the mentally ill, experimentation using human subjects, forms of genetic interven tion, suicide, and euthanasia. Malpractice suits abound and astronomical fees for malpractice insurance threaten the very possibility of medical and health-care practice. Without the backing of a clear moral consensus, the law is frequently forced into resolving these conflicts only to see the moral issues involved still hotly debated and the validity of existing law further questioned. In the case of abortion, for example, the laws have changed radically, and the widely pub licized recent conviction of Dr. Edelin in Boston has done little to foster a moral consensus or even render the exact status of the law beyond reasonable question.
Bioethics, Law, and Human Life Issues: A Catholic Perspective on Marriage, Family, Contraception, Abortion, Reproductive Technology, and Death and Dying draws on the Magisterial teaching of the Catholic Church to outline a Catholic response to a host of controversial issues related to human life. Scarnecchia lays out a Catholic moral theology based on the writings of Pope John Paul II and Thomas Aquinas, and he then applies those Christian moral principles to today's most contentious ethical issues, including reproductive technology, embryo adoption, contraception, abortion, family and same-sex marriage, and euthanasia and assisted suicide. This review of Catholic moral principles brings together an in-depth consideration of the central human life issues of our day with abundant reference to the Church's social teaching and to contrasting positions of today's leading ethicists.
Dignity is often denounced as hopelessly amorphous or incurably theological: as feel-good philosophical window-dressing, or as the name given to whatever principles give you the answer that you think is right. This is wrong, says Charles Foster: dignity is not only an essential principle in bioethics and law; it is really the only principle. In this ambitious, paradigm-shattering but highly readable book, he argues that dignity is the only sustainable Theory of Everything in bioethics. For most problems in contemporary bioethics, existing principles such as autonomy, beneficence, non-maleficence, justice and professional probity can do a reasonably workmanlike job if they are all allowed to contribute appropriately. But these are second order principles, each of which traces its origins back to dignity. And when one gets to the frontiers of bioethics (such as human enhancement), dignity is the only conceivable language with which to describe and analyse the strange conceptual creatures found there. Drawing on clinical, anthropological, philosophical and legal insights, Foster provides a new lexicon and grammar of that language which is essential reading for anyone wanting to travel in the outlandish territories of bioethics, and strongly recommended for anyone wanting to travel comfortably anywhere in bioethics or medical law.
A Wall Street Journal Top Ten Book of the Year A First Things Books for Christmas Selection Winner of the Expanded Reason Award “This important work of moral philosophy argues that we are, first and foremost, embodied beings, and that public policy must recognize the limits and gifts that this entails.” —Wall Street Journal The natural limits of the human body make us vulnerable and dependent on others. Yet law and policy concerning biomedical research and the practice of medicine frequently disregard these stubborn facts. What It Means to Be Human makes the case for a new paradigm, one that better reflects the gifts and challenges of being human. O. Carter Snead proposes a framework for public bioethics rooted in a vision of human identity and flourishing that supports those who are profoundly vulnerable and dependent—children, the disabled, and the elderly. He addresses three complex public matters: abortion, assisted reproductive technology, and end-of-life decisions. Avoiding typical dichotomies of conservative-liberal and secular-religious, Snead recasts debates within his framework of embodiment and dependence. He concludes that if the law is built on premises that reflect our lived experience, it will provide support for the vulnerable. “This remarkable and insightful account of contemporary public bioethics and its individualist assumptions is indispensable reading for anyone with bioethical concerns.” —Alasdair MacIntyre, author of After Virtue “A brilliantly insightful book about how American law has enshrined individual autonomy as the highest moral good...Highly thought-provoking.” —Francis Fukuyama, author of Identity
