Whilst activities like transplantation and medical research have typically been considered on a discrete basis, they are also actually part of a broader phenomenon of medical means being employed to make use of human beings. This book is the first ever systematic critique of such medical use of the human being as a whole. It is divided into two parts. The first part considers what constitutes an appropriate normative lens through which to view such medical use and its constraint. It makes a reasoned ethical and human-rights-based case for preferring respect for human worth over any of the main alternative approaches that have been drawn on in specific contexts and outlines what this preference practically implies. The second part uses this respect-based lens to critique use discourse, law and practice. Drawing on three contrasting case study areas of warfare-related medical use, transplantation and human tissue research, this book exposes both the context-specific and thematic nature of shortfalls in respect. Overall this book provides a compelling analysis of how medical use ought to be constrained and a compelling critique of the excesses of discourse, practice and governance. It is recommended to academics, students, policymakers and professionals whose work is focused on or intersects with the medical sector and anyone else with an interest in medicine and its limits.

This book was originally published in 1999. When one or more essential organs failed, the consequence used to be death. However, conventional medicine has developed artificial means of extending life, the most successful of which is transplantation. The most common form of organ to be transplanted is a kidney which will, on average, function for about a decade in its recipient. Organ transplantation as a whole is widely practiced in most countries. However, few can procure enough organs to meet demand. Many people who are suitable for a transplant die without getting one. Many kidney patients can access and stay alive on dialysis until a suitable organ becomes available. However, even here, sufficiency of organs would be beneficial because lesser reliance on dialysis would reduce healthcare costs and be better for patient quality of life. This invaluable book shows that in the light of current practice and attitudes, increasing living donor transplantation (LDT) levels is feasible. It is one of the few works to systematically analyse the ethical and legal issues involved in LDT use in the light of empirical evidence, including new data derived from a unique programme of interviews and questionnaires with transplant professionals, living donors and recipients. Readers are led to an understanding of when LDT is ethically and legally acceptable and to the strong case for using it much more extensively.

With many issues still to be resolved,the Human Rights Act has brought considerable uncertainty with respect to healthcare law. Written as a critical collection of essays, this invaluable book provides a careful examination and analysis of the issues and how they might be resolved. The book fully explores the relevance and potential impact of the European Convention on Human Rights and Biomedicine, both genetically and in specific areas such as medical research and biotechnology.

This book was originally published in 1999. When one or more essential organs failed, the consequence used to be death. However, conventional medicine has developed artificial means of extending life, the most successful of which is transplantation. The most common form of organ to be transplanted is a kidney which will, on average, function for about a decade in its recipient. Organ transplantation as a whole is widely practiced in most countries. However, few can procure enough organs to meet demand. Many people who are suitable for a transplant die without getting one. Many kidney patients can access and stay alive on dialysis until a suitable organ becomes available. However, even here, sufficiency of organs would be beneficial because lesser reliance on dialysis would reduce healthcare costs and be better for patient quality of life. This invaluable book shows that in the light of current practice and attitudes, increasing living donor transplantation (LDT) levels is feasible. It is one of the few works to systematically analyse the ethical and legal issues involved in LDT use in the light of empirical evidence, including new data derived from a unique programme of interviews and questionnaires with transplant professionals, living donors and recipients. Readers are led to an understanding of when LDT is ethically and legally acceptable and to the strong case for using it much more extensively.

With the implementation of the Human Rights Act 1998 in October 2000 English law has for the first time a full positive system of legal rights. The difficulty is not so much that the Act will change healthcare law but the uncertainty of how it will do so. This book provides an insight into the operation of the Act and the Convention both in general terms and in respect to key areas including: use of healthcare resources and the right to treatment; procedure, professional discipline and complaints; the issue of autonomy and its relationship with dignity under both the Act and the Convention; rights in relation to minors, vulnerable adults and mental health; access to medical records and confidentiality; issues at the beginning of life and its ending; and finally, transplantation and biotechnology.

Whilst activities like transplantation and medical research have typically been considered on a discrete basis, they are also actually part of a broader phenomenon of medical means being employed to make use of human beings. This book is the first ever systematic critique of such medical use of the human being as a whole. It is divided into two parts. The first part considers what constitutes an appropriate normative lens through which to view such medical use and its constraint. It makes a reasoned ethical and human-rights-based case for preferring respect for human worth over any of the main alternative approaches that have been drawn on in specific contexts and outlines what this preference practically implies. The second part uses this respect-based lens to critique use discourse, law and practice. Drawing on three contrasting case study areas of warfare-related medical use, transplantation and human tissue research, this book exposes both the context-specific and thematic nature of shortfalls in respect. Overall this book provides a compelling analysis of how medical use ought to be constrained and a compelling critique of the excesses of discourse, practice and governance. It is recommended to academics, students, policymakers and professionals whose work is focused on or intersects with the medical sector and anyone else with an interest in medicine and its limits.