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.
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.
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 .
When data from all aspects of our lives can be relevant to our health - from our habits at the grocery store and our Google searches to our FitBit data and our medical records - can we really differentiate between big data and health big data? Will health big data be used for good, such as to improve drug safety, or ill, as in insurance discrimination? Will it disrupt health care (and the health care system) as we know it? Will it be possible to protect our health privacy? What barriers will there be to collecting and utilizing health big data? What role should law play, and what ethical concerns may arise? This timely, groundbreaking volume explores these questions and more from a variety of perspectives, examining how law promotes or discourages the use of big data in the health care sphere, and also what we can learn from other sectors.
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.
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.
This new edition updates and expands the first. Readings in Comparative Health Law and Bioethics presents balanced comparative coverage of the four major areas of health law: health care organization and finance, the obligations of health care professionals and institutions to patients, bioethics, and public health law. For each of these topics, it presents a carefully edited collection of cases, statutes, and readings. While the book contains many sources from English-speaking, common-law jurisdictions, it also includes a wealth of sources from continental Europe and Japan, as well as from developing countries. Several sources have been translated specifically for this book. Whenever possible, the readings are by authors from the countries whose laws are discussed in the reading. Also, most readings are truly comparative; that is, they analyze the laws of not just one, but of several jurisdictions. While this book is intended in part to inform health policy, it is not just another book about comparative health policy. Rather, Jost focuses uniquely on comparative health law -- how law, legal systems, and legal institutions influence health care recipients, professionals, institutions, and systems. Thus, for example, this book is not so much concerned with how various health care systems ration care as it is with the role of the courts or of administrative agencies in health care rationing. This is the first book to offer a text for teaching courses in comparative health law and bioethics in American law, public health, medical or nursing schools. It is also ideally suited for the comparative emphasis of summer courses abroad or for anyone interested in comparative health law. "In this initial work, Tim Jost has provided us with a thoughtful and carefully arranged set of materials ideal for classroom use. Let's hope he will craft an equally successful follow-up volume in the near future." -- The Journal of Legal Medicine, 2002, on the first edition
