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Medical law and ethics are frequently referred to in conjunction,
and appear together in many textbooks. But do they combine to form
a cohesive unit, and do they benefit each other? It may be argued
that they do not, but rather suffer a symbiotic relationship,
clashing rather than cooperating. Medical Ethics and Medical Law
examines this relationship, and how the law sees medical ethics. It
then considers whether medical ethics function in the way that the
law thinks that it does. After providing a historical perspective
that identifies medical ethics discourse as disjointed and
fragmented, the book continues by examining key medico-legal case
law and reports that have an inherent ethical content for clues as
to how they define medical ethics and its role. The book also
considers how medical ethics sees the law, concluding that a
misapprehension by each party as to what the other does creates a
mutually harmful relationship between them.
This edited collection is designed to explore the ethical nature of
judicial decision-making, particularly relating to cases in the
health/medical sphere, where judges are often called upon to issue
rulings on questions containing an explicit ethical component.
However, judges do not receive any specific training in ethical
decision-making, and often disown any place for ethics in their
decision-making. Consequently, decisions made by judges do not
present consistent or robust ethical theory, even when cases appear
to rely on moral claims. The project explores this dichotomy by
imagining a world in which decisions by judges have to be ethically
as well as legally valid. Nine specific cases are reinterpreted in
light of that requirement by leading academics in the fields of
medical law and bioethics. Two judgments are written in each case,
allowing for different views to be presented. Two commentaries -
one ethical and one legal - then explore the ramifications of the
ethical judgments and provide an opportunity to explore the two
judgments from additional ethical and legal perspectives. These
four different approaches to each judgment allow for a rich and
varied critique of the decisions and ethical theories and issues at
play in each case.
A focus on the interplay between medical law and medical ethics
makes this refreshing new textbook the most balanced approach
available to students of law and medicine. By offering a unique
chapter structure which gives equal weight to both the legal and
ethical issues it allows for an appreciation of all factors at play
in the field of medical law. In addition, its student-friendly
writing style combined with critical analysis gives students the
tools to engage with key issues and form their own understanding.
Accompanying online case studies convey the law in practice, and
encourage students to consider their own views and arguments in
terms of legal analysis and ethical consideration. Coverage of
recent judicial cases and statutes, with a good balance of factual
detail and critical analysis, allows students to engage with this
evolving discipline.
A focus on the interplay between medical law and medical ethics
makes this refreshing new textbook the most balanced approach
available to students of law and medicine. By offering a unique
chapter structure which gives equal weight to both the legal and
ethical issues it allows for an appreciation of all factors at play
in the field of medical law. In addition, its student-friendly
writing style combined with critical analysis gives students the
tools to engage with key issues and form their own understanding.
Accompanying online case studies convey the law in practice, and
encourage students to consider their own views and arguments in
terms of legal analysis and ethical consideration. Coverage of
recent judicial cases and statutes, with a good balance of factual
detail and critical analysis, allows students to engage with this
evolving discipline.
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