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Endings and Beginnings - Law, Medicine, and Society in Assisted Life and Death (Hardcover, New)
Loot Price: R3,073
Discovery Miles 30 730
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Endings and Beginnings - Law, Medicine, and Society in Assisted Life and Death (Hardcover, New)
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As society struggles to cope with the many repercussions of
assisted life and death, the evening news is filled with stories of
legal battles over frozen embryos and the possible prosecution of
doctors for their patients' suicide. Using an "institutional"
approach as an alternative to the prevailing "rights" based
analysis of problems in law and medicine, this study explains why
society should resist the tendency to look to science and law for a
resolution of intimate matters, such as how our children are born
and how we die. Palmer's institutional approach demonstrates that
legislative analysis is often more important than judicial analysis
when it comes to issues raised by new reproductive technologies and
physician-assisted suicide. A reliance on individual rights alone
for answers to the complex ethical questions that result from
society's faith in scientific progress and science's close alliance
with medicine will be insufficient and ill-advised. Palmer predicts
that the key role of the family as a societal institution will mean
that questions of assisted reproduction will be resolved more in
response to market forces than through legal intervention. However,
he does support a strong role for legislatures in decisions
involving the physicians' role in our deaths. These findings are
based on the differing views of the Supreme Court justices in these
matters: a tendency to protect family formation from state
interference (as in abortion decisions), but support of a
legislative obligation to control medicine (assisted suicide).
According to Palmer, recent Supreme Court decisions on physician
assisted suicide usher in a new era in how legal institutions will
resolve biomedical dilemmas.
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