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Can medical ethics be legislated? Can a complex bioethical question
be definitively answered through legislation? In July 1987 the New
York State legislature experimented with legislating medical ethics
by amending the state's public health law to regulate Do Not
Resuscitate' orders. The consequent law was complex and remains
controversial. This volume reviews both the background bioethical
debates and the elements of the public policy making process that
are essential to understanding New York's experience with the DNR
law. It features debates between leading exponents and critics of
the law; case studies that examine the impact of New York's DNR law
on clinicians, hospitals and patients; and a review of all
empirical studies of the law by their lead authors. Appended to the
volume is the New York State DNR law and a comprehensive set of
background documents. The co-editors, Robert Baker and Martin A.
Strosberg, are both professors at Union College, Schenectady, New
York. They have collaborated on many projects including, Rationing
America's Medical Care: The Oregon Plan and Beyond (Brookings,
1992).
Like many novel ideas, the idea for this volume and its predecessor
arose over lunch in the cafeteria of the old Wellcome Institute. On
an atternoon in Sept- ber 1988, Dorothy and Roy Porter, and I,
sketched out a plan for a set of conf- ences in which scholars from
a variety of disciplines would explore the emergence of modern
medical ethics in the English-speaking world: from its pre-history
in the quarrels that arose as gentlemanly codes of etiquette and
honor broke down under the pressure of the eighteenth-century "sick
trade," to the Enlightenment ethics of John Gregory and Thomas
Percival, to the American appropriation process that culminated in
the American Medical Association's 1847 Code of Ethics, and to the
British turn to medical jurisprudence in the 1858 Medical Act. Roy
Porter formally presented our idea as a plan for two back-to-back
c- ferences to the Wellcome Trust, and I presented it to the
editors of the PHI- LOSOPHY AND MEDICINE series, H. Tristram
Engeihardt, Jr. and Stuart Spicker. The reception from both parties
was enthusiastic and so, with the financial backing of the former
and a commitment to publication from the latter, Roy Porter, ably
assisted by Frieda Hauser and Steven Emberton, - ganized two
conferences. The first was held at the Wellcome Institute in -
cember 1989; the second was sponsored by the Wellcome, but was
actually held in the National Hospital, in December 1990.
The editors have incurred many debts in preparing this book, and
both etiquette and ethics would be contravened if they were not
discharged here. Above all, we wish to thank the contributors for
so cheerfully complying with our suggestions for preparing their
papers for publication and efficiently meeting our schedules. It is
thanks to their cooperation that this volume has appeared speedily
and painlessly; their revisions have helped to give it internal
coherence. This volume has emerged from papers delivered at a
conference on the History of Medical Ethics, held at the Wellcome
Institute for the History of Medicine, London, 1 December, 1989. We
are most grateful to the Wellcome Trust for having underwritten the
costs of the conference, and to Frieda Houser and Stephen Emberton
whose organizational skills contributed so much to making it a
smoothly-run and enjoyable day. In addition to the papers delivered
at the conference, we are delighted to have secured further
contributions from David Harley and Johanna Geyer-Kordesch. Our
thanks to them for their eager help. From start to finish, we have
received splendid encouragement from all those connected with the
Philosophy and Medicine series, especially Professor Stuart
Spicker, and Martin Scrivener at Kluwer Academic Publishers. Their
enthusiasm has lightened our load, and expedited the editorial
process.
The editors have incurred many debts in preparing this book, and
both etiquette and ethics would be contravened if they were not
discharged here. Above all, we wish to thank the contributors for
so cheerfully complying with our suggestions for preparing their
papers for publication and efficiently meeting our schedules. It is
thanks to their cooperation that this volume has appeared speedily
and painlessly; their revisions have helped to give it internal
coherence. This volume has emerged from papers delivered at a
conference on the History of Medical Ethics, held at the Wellcome
Institute for the History of Medicine, London, 1 December, 1989. We
are most grateful to the Wellcome Trust for having underwritten the
costs of the conference, and to Frieda Houser and Stephen Emberton
whose organizational skills contributed so much to making it a
smoothly-run and enjoyable day. In addition to the papers delivered
at the conference, we are delighted to have secured further
contributions from David Harley and Johanna Geyer-Kordesch. Our
thanks to them for their eager help. From start to finish, we have
received splendid encouragement from all those connected with the
Philosophy and Medicine series, especially Professor Stuart
Spicker, and Martin Scrivener at Kluwer Academic Publishers. Their
enthusiasm has lightened our load, and expedited the editorial
process.
Can medical ethics be legislated? Can a complex bioethical question
be definitively answered through legislation? In July 1987 the New
York State legislature experimented with legislating medical ethics
by amending the state's public health law to regulate Do Not
Resuscitate' orders. The consequent law was complex and remains
controversial. This volume reviews both the background bioethical
debates and the elements of the public policy making process that
are essential to understanding New York's experience with the DNR
law. It features debates between leading exponents and critics of
the law; case studies that examine the impact of New York's DNR law
on clinicians, hospitals and patients; and a review of all
empirical studies of the law by their lead authors. Appended to the
volume is the New York State DNR law and a comprehensive set of
background documents. The co-editors, Robert Baker and Martin A.
Strosberg, are both professors at Union College, Schenectady, New
York. They have collaborated on many projects including, Rationing
America's Medical Care: The Oregon Plan and Beyond (Brookings,
1992).
Like many novel ideas, the idea for this volume and its predecessor
arose over lunch in the cafeteria of the old Wellcome Institute. On
an atternoon in Sept- ber 1988, Dorothy and Roy Porter, and I,
sketched out a plan for a set of conf- ences in which scholars from
a variety of disciplines would explore the emergence of modern
medical ethics in the English-speaking world: from its pre-history
in the quarrels that arose as gentlemanly codes of etiquette and
honor broke down under the pressure of the eighteenth-century "sick
trade," to the Enlightenment ethics of John Gregory and Thomas
Percival, to the American appropriation process that culminated in
the American Medical Association's 1847 Code of Ethics, and to the
British turn to medical jurisprudence in the 1858 Medical Act. Roy
Porter formally presented our idea as a plan for two back-to-back
c- ferences to the Wellcome Trust, and I presented it to the
editors of the PHI- LOSOPHY AND MEDICINE series, H. Tristram
Engeihardt, Jr. and Stuart Spicker. The reception from both parties
was enthusiastic and so, with the financial backing of the former
and a commitment to publication from the latter, Roy Porter, ably
assisted by Frieda Hauser and Steven Emberton, - ganized two
conferences. The first was held at the Wellcome Institute in -
cember 1989; the second was sponsored by the Wellcome, but was
actually held in the National Hospital, in December 1990.
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