This is a guide for students, legal practitioners and health professionals, providing up-to-date, concise and comprehensive coverage of medical law in Scotland. An ideal text for students new to the subject or preparing for exams, it is also a useful resource for doctors, nurses and other health care providers who need to refresh or update their knowledge.

This book approaches a variety of social and political issues that have become highly polarized and resistant to compromise by examining them through a population-based public health perspective. The topics included are some of the most contentious: abortion and reproductive rights; end-of-life issues, including the right to die and the treatment of pain; the connection between racism and poor health outcomes for African-Americans; the right of same-sex couples to marry; the toll of gun violence and how to reduce it; domestic violence and how the criminal justice model fails to deal with it effectively; and how tort compensation and punitive damages can further public health goals. People at every point along the political spectrum will find the book enlightening and informative. Written by eight authors, all of whom have cross-disciplinary expertise, this book shifts the focus away from the point of view of rights, politics, or morality and examines the effect of laws and policies from the perspective of public health and welfare.

This book concerns the EU legal and regulatory framework relating to Chemicals in Food. It is divided in two parts: the first section offers an introduction to the European General Food Law with an analysis of EFSA (the European Food Safety Authority) and a description of main features of food safety-related regulations. The second part focusses on the legislation finding application concerning chemicals in food from different viewpoints, namely:
- the REACH regulation;
- the enzyme, flavorings and additive regulatory framework;
- the matter of contamination and veterinary drugs;
- the use of Food contact materials.
The final chapter addresses several considerations relating to chemical hazards and crisis management, highlighting shortcomings and lessons from experience.

Die Arbeitsgemeinschaft Rechtsanwalte im Medizinrecht e. V. wurde 1986 von Rechtsanwalten gegrundet mit dem Ziel, Mitglieder auf medizinischem und medizinrechtlichem Gebiet weiterzubilden, an der Weiterentwicklung des Rechtsgebiets mitzuwirken und oeffentlich u. a. fur eine Verbesserung des Arzt-Patienten-Verhaltnisses einzutreten. Die Festschrift, die zum 25-jahrigen Jubilaum der Arbeitsgemeinschaft herausgegeben wird, enthalt Beitrage namhafter Autoren zum Thema Arzthaftungsrecht.

John Coggon argues that the important question for analysts in the fields of public health law and ethics is 'what makes health public?' He offers a conceptual and analytic scrutiny of the salient issues raised by this question, outlines the concepts entailed in, or denoted by, the term 'public health' and argues why and how normative analyses in public health are inquiries in political theory. The arguments expose and explain the political claims inherent in key works in public health ethics. Coggon then develops and defends a particular understanding of political liberalism, describing its implications for critical study of public health policies and practices. Covering important works from legal, moral, and political theory, public health, public health law and ethics, and bioethics, this is a foundational text for scholars, practitioners and policy bodies interested in freedoms, rights and responsibilities relating to health.

John Coggon argues that the important question for analysts in the fields of public health law and ethics is 'what makes health public?' He offers a conceptual and analytic scrutiny of the salient issues raised by this question, outlines the concepts entailed in, or denoted by, the term 'public health' and argues why and how normative analyses in public health are inquiries in political theory. The arguments expose and explain the political claims inherent in key works in public health ethics. Coggon then develops and defends a particular understanding of political liberalism, describing its implications for critical study of public health policies and practices. Covering important works from legal, moral, and political theory, public health, public health law and ethics, and bioethics, this is a foundational text for scholars, practitioners and policy bodies interested in freedoms, rights and responsibilities relating to health.

This book offers fresh approaches to a variety of social and political issues that have become highly polarized and resistant to compromise by examining them through a population-based public health perspective. The topics included are some of the most contentious: abortion and reproductive rights; end-of-life issues, including the right to die and the treatment of pain; the connection between racism and poor health outcomes for African-Americans; the right of same-sex couples to marry; the toll of gun violence and how to reduce it; domestic violence and how the criminal justice model fails to deal with it effectively; and how tort compensation and punitive damages can further public health goals. People at every point along the political spectrum will find the book enlightening and informative. Written by eight authors, all of whom have cross-disciplinary expertise, this book shifts the focus away from the point of view of rights, politics, or morality and examines the effect of laws and policies from the perspective of public health and welfare.

That America's natural environment has been degraded and despoiled over the past 25 years is beyond dispute. Nor has there been any shortage of reasons why-short-sighted politicians, a society built on over-consumption, and the dramatic weakening of environmental regulations. In Retaking Rationality, Richard L. Revesz and Michael A. Livermore argue convincingly that one of the least understood-and most important-causes of our failure to protect the environment has been a misguided rejection of reason. The authors show that environmentalists, labor unions, and other progressive groups have declined to participate in the key governmental proceedings concerning the cost-benefit analysis of federal regulations. As a result of this vacuum, industry groups have captured cost-benefit analysis and used it to further their anti-regulatory ends. Beginning in 1981, the federal Office of Management and Budget and the federal courts have used cost-benefit analysis extensively to determine which environmental, health, and safety regulations are approved and which are sent back to the drawing board. The resulting imbalance in political participation has profoundly affected the nation's regulatory and legal landscape. But Revesz and Livermore contend that economic analysis of regulations is necessary and that it needn't conflict with-and can in fact support-a more compassionate approach to environmental policy. Indeed, they show that we cannot give up on rationality if we truly want to protect our natural environment. Retaking Rationality makes clear that by embracing and reforming cost-benefit analysis, and by joining reason and compassion, progressive groups can help enact strong environmental and public health regulation.

This book addresses the issues and methods involved in governing risks posed by genetically modified (GM) agriculture. It examines the evolution of policies intended to ensure the safety of GM crops and food products in the United States and Europe and the regulatory approaches and other social controls employed to protect human health, the environment, conventional farming and foods, and the interests and rights of consumers. Discussion encompasses the cultural, political, and economic forces that shape the design and application of the methods of risk governance, as well as other contextual features such as the influence of multinational companies seeking acceptance of their GM ventures. This discussion also examines the influence of the dynamic public discourse fostered by progressive concepts of risk governance and the approaches taken to meet its demands for transparency, public participation, and appropriate consideration of public perceptions and values despite conflicting views of experts.

The increasing proportion of demented elderly in populations, debates over patient 's rights and autonomy, and the growing body of knowledge on dementia has inspired the European Dementia Consensus Network to regard competence assessment in dementia as an important topic of debate. This book contains a summarised consensus as well as chapters on state-of-art neuropsychological functions and how they relate to competence, and chapters discussing ethical, legal perspectives.

Are you alive? What makes you so sure? Most people believe this question has a clear answer that some law defines our status as living (or not) for all purposes. But they are dead wrong. In this pioneering study, Elizabeth Price Foley examines the many, and surprisingly ambiguous, legal definitions of what counts as human life and death.

Foley reveals that not being dead is not necessarily the same as being alive, in the eyes of the law. People, pre-viable fetuses, and post-viable fetuses have different sets of legal rights, which explains the law's seemingly inconsistent approach to stem cell research, in vitro fertilization, frozen embryos, in utero embryos, contraception, abortion, homicide, and wrongful death.

In a detailed analysis that is sure to be controversial, Foley shows how the need for more organ transplants and the need to conserve health care resources are exerting steady pressure to expand the legal definition of death. As a result, death is being declared faster than ever before. The "right to die," Foley worries, may be morphing slowly into an obligation to die.

Foley s balanced, accessible chapters explore the most contentious legal issues of our time including cryogenics, feticide, abortion, physician-assisted suicide, brain death, vegetative and minimally conscious states, informed consent, and advance directives across constitutional, contract, tort, property, and criminal law. Ultimately, she suggests, the inconsistencies and ambiguities in U.S. laws governing life and death may be culturally, and perhaps even psychologically, necessary for an enormous and diverse country like ours.

Principles of Medical Law is the leading practitioner text in its field. Now in its fourth edition, it provides a comprehensive and scholarly account of the common law and statutory provisions governing healthcare provision in England and Wales. It offers an authoritative and up-to-date account of medical law whilst also seeking to set the law in context and critique its application. The contributors include many of the leading academics and practitioners working in the area of medical law today, who together offer a balanced, reliable, and considered perspective. The clear layout, accessible writing style, extensive referencing, and detailed index make this an indispensable research tool for practitioners and academics alike.

This book is a close study of lawyers who practise occupational safety and health law in the United States, using detailed interview and survey data to explore the roles that lawyers have as representatives of companies, unions, and OSHA (the Occupational Safety and Health Administration). Placed in the context of evolving understandings of regulatory politics as a problem of public-private interaction and negotiation, the book argues that lawyers adapt to multiple roles in what prove to be highly complex settings. The core chapters examine stages of the administrative process where various groups attempt to shape the immediate outcomes and the development of OSHA law. These stages include administrative rulemaking, post-rulemaking litigation of government standards, regulatory enforcement, and compliance counseling by lawyers.

In almost all legal disputing, formalities are employed as a last resort. This book presents a new theory of decision-making, exploring the conditions under which prosecution is employed to handle troublesome occupational health and safety problems. This book is for those interested in law, regulation, socio-legal studies, criminal justice, sociology, and political science.

An international team of eighteen doctors, philosophers, and lawyers present a fresh and thorough discussion of the ethical, legal, and social issues raised by testing and screening for HIV and AIDS. They aim to point the way to practical advances but also to give an accessible guide for those new to the debate.

Asbestos was once known as the 'magic mineral' because of its ability to withstand flames. Yet since the 1960s, it has become a notorious and feared 'killer dust' that is responsible for thousands of deaths and an epidemic that continues into the new millennium. This is the first comprehensive history of the UK asbestos health problem, which provides an in-depth look at the occupational health experience of one of the world's leading asbestos companies -- British asbestos giant, Turner and Newall.

Voluntary Euthanasia investigates the complex and controversial issue of active voluntary euthanasia, presenting the legal position in a clear, comprehensive fashion. It critically examines the criminal law prohibition of medically administered active voluntary euthanasia in common law jurisdictions and looks at the situation in practice. The evidence of patient demands for active euthanasia and the willingness of some doctors to respond to patients requests is explored, and an argument for reform of the law is made with reference to the position in the Netherlands where active voluntary euthanasia is now openly practised.

The late-20th century has witnessed dramatic technological developments in biomedical science and the delivery of health care, and these developments have brought with them important social changes. All too often ethical analysis has lagged behind these changes. The purpose of the "Issues in Biomedical Ethics" series is to provide lively, up-to-date, and authoritative studies for the increasingly large and diverse readership concerned with issues in biomedical ethics - not just health care trainees and professionals, but also social scientists, philosophers, lawyers, social workers and legislators. The focus of this volume is the testing and screening for HIV and AIDS which gives rise to ethical, legal and social issues of the most controversial and delicate kind. An international team of 18 doctors, philosophers and lawyers present a fresh and thorough discussion of these issues; they aim to show the way to practical advances but also to give an accessible guide to the debates for readers new to them. The contributors pay particular attention to the sensitive nature of the information yielded by a test for HIV antibody. They consider such questions as these: Are we under an obliga

American law, not philosophy or medicine, is the major force shaping American bioethics. This is both because law at its best fosters individual rights, equality, and justice, and because violation of the legal duty or "standard of care" a physician owes a patient can lead to a malpractice suit. The law has therefore had two conflicting impacts on medical ethics: the positive effect of eroding paternalism and replacing it with a patient-centered ethic; and the negative effect of encouraging physicians to be more concerned with avoiding litigation than doing the "right" thing.
Standard of Care explores the fundamental value conflicts confronting medicine and society by examining courtroom resolutions of real bioethical disputes, often of constitutional dimension. This case-based approach, which ranges from abortion to euthanasia, from AIDS to organ transplantation, from genetic research to the artificial heart and rationing, illuminates the value choices with which the power (and impotence) of medicine confronts us. George Annas urges health care professionals to go beyond the minimalist legal "standard of care" by promoting a vigorous, patient-centered medical ethics based on respect for human rights and responsibility to both patients and society. If modern medicine is to enhance human life, a reconceptualization of law as the beginning of ethical discourse, rather than as an instrument to end it, is essential. Such a discourse could enrich all our lives by helping us to articulate both a national and international agenda for human rights in health.

Too often in English law `doctor knows best'. Reasonable Care challenges this view. It argues for patient involvement in medical decision-making. It examines critically approaches based on the assertion of patients' legal rights. It concludes that a collaborative model is best suited to enhance both therapy and autonomy.

This book aims to encourage a more reflective, multidisciplinary approach to public safety, and the 'reenfranchisement' of those affected by this new phenomenon. Over the past decade health and safety has become a major issue of public interest. There are countless stories of health and safety activities interfering with public life, preventing some beneficial activity from taking place - even creating absurd or dangerous situations. On the one hand, risk assessment, properly conducted, is highly beneficial - it save lives and prevents injuries. But on the other, it can damage public life. Why has this come about, and does it have to be like that? The authors examine the origins of the problem, look critically at the tools used by safety assessors and their underlying assumptions, and consider important differences between public life and industry (where the approaches largely originated). They illuminate the whole with an analysis of legal requirements, attitudes of stakeholders, and recent research on risk perception and decision making. The result is a profound and important analysis of risk and safety culture and a framework for managing public safety more effectively.

The past few decades have seen a massive increase in the number of international organizations focusing on global health. Campaigns to eradicate or stem the spread of AIDS, SARS, malaria, and Ebola attest to the increasing importance of globally-oriented health organizations. These organizations may be national, regional, international, or even non-state organizations-like Medicins Sans Frontieres. One of the more important recent trends in global health governance, though, has been the rise of public-private partnerships (PPPs) where private non-governmental organizations, for-profit enterprises, and various other social entrepreneurs work hand-in-hand with governments to combat specific maladies. A primary driver for this development is the widespread belief that by joining together, PPPs will attack health problems and fund shared efforts more effectively than other systems. As Chelsea Clinton and Devi Sridhar show in Governing Global Health, these partnerships are not only important for combating infectious diseases; they also provide models for developing solutions to a host of other serious global health challenges and questions beyond health. But what do we actually know about the accountability and effectiveness of PPPs in relation to the traditional multilaterals? According to Clinton and Sridhar, we have known very little because scholars have not accumulated enough data or developed effective ways to assess them-until now. In their analysis, they uncovered both strength and weaknesses of the model. Using principal-agent theory in which governments are the principals directing international agents of various type, they take a closer look at two major PPPs-the Global Fund to Fight HIV/AIDS, TB and Malaria and the GAVI Alliance-and two major more traditional international organizations-the World Health Organization and the World Bank. An even-handed and thorough empirical analysis of one of the most pressing topics in world affairs, Governing Global Health will reshape our understanding of how organizations can more effectively prevent the spread of communicable diseases like AIDS and reduce pervasive chronic health problems like malnutrition.

Poverty whether as drain theory at the start of the twentieth century or through garibi hatao towards the end of those 100 yearswas the predominant economic, political, and social paradigm within which late colonial, nationalist and post-independence era science policy was constructed. Whether as critics of Indias poverty, or as architects of measures for its eradication, Indias commentators called on a broad framework of science both to diagnose and treat poverty. Yet, when we think of science in India today, this earlier priority of poverty eradication is now hard to find. Poverty eradication as a goal in itself seems to have fallen off Indias scientific agenda almost entirely. What accounts for this? This volume asks: Has the problem of poverty in India been solved? Or, has it become inconvenient alongside the rise of new narratives that frame India as a site of remarkable economic growth? Indeed, has there been a loss of faith in the ability of science to tackle poverty? Together, the essays in this volume explore the broader implications for the new role of science in India: as a driver of economic growth for India, rather than as a solution to the persistence of poverty.