|
Showing 1 - 7 of
7 matches in All Departments
Is it lawful for a doctor to give a patient life-shortening pain
relief? Can treatment be lawfully provided to a child under 16 on
the basis of her consent alone? Is it lawful to remove food and
water provided by tube to a patient in a vegetative state? Is a
woman's refusal of a caesarean section recommended for the benefit
of the fetus legally decisive? These questions were central to the
four focal cases revisited in this book. This book revisits nine
landmark cases. For each, a new leading judgment is attributed to
an imagined judge, Athena, who operates within the constraints of
the legal system of England and Wales. Her judgments accord with an
innovative legal theory, referred to as 'modified law as
integrity', and are linked as a line of precedent. The result is a
re-spinning of extant judicial threads into a web of legal
principles with a greater claim to coherence and defensibility than
those in the original cases. The book will be of great interest to
scholars and students of medical law, criminal law, bioethics,
legal theory and moral philosophy.
This title was first published in 2002.In this informative and
captivating book the author presents a moral critique of the laws
governing the creation of designer babies. Alan Gewirth's Principle
of Generic Consistency is used as the starting point for developing
a framework, which is then used to critique the legal position in
the EU countries (with particular reference to the UK), Canada and
the USA. The conclusion the author reaches is that a proper moral
response to the issues covered must take account of specified prima
facie presumptions, to be applied by legitimately appointed
regulatory bodies. The text assesses the adequacy of existing
regulatory responses by reference to these presumptions. Also
containing detailed appendices summarizing the legal position with
regard to abortion and prenatal diagnosis, preimplantation genetic
diagnosis, in vitro embryo research, cloning, and germ-line gene
therapy in the countries mentioned above, this volume is an
indispensable resource for both students and scholars with a keen
interest in this highly contested field.
This title was first published in 2002.In this informative and
captivating book the author presents a moral critique of the laws
governing the creation of designer babies. Alan Gewirth's Principle
of Generic Consistency is used as the starting point for developing
a framework, which is then used to critique the legal position in
the EU countries (with particular reference to the UK), Canada and
the USA. The conclusion the author reaches is that a proper moral
response to the issues covered must take account of specified prima
facie presumptions, to be applied by legitimately appointed
regulatory bodies. The text assesses the adequacy of existing
regulatory responses by reference to these presumptions. Also
containing detailed appendices summarizing the legal position with
regard to abortion and prenatal diagnosis, preimplantation genetic
diagnosis, in vitro embryo research, cloning, and germ-line gene
therapy in the countries mentioned above, this volume is an
indispensable resource for both students and scholars with a keen
interest in this highly contested field.
Is it lawful for a doctor to give a patient life-shortening pain
relief? Can treatment be lawfully provided to a child under 16 on
the basis of her consent alone? Is it lawful to remove food and
water provided by tube to a patient in a vegetative state? Is a
woman's refusal of a caesarean section recommended for the benefit
of the fetus legally decisive? These questions were central to the
four focal cases revisited in this book. This book revisits nine
landmark cases. For each, a new leading judgment is attributed to
an imagined judge, Athena, who operates within the constraints of
the legal system of England and Wales. Her judgments accord with an
innovative legal theory, referred to as 'modified law as
integrity', and are linked as a line of precedent. The result is a
re-spinning of extant judicial threads into a web of legal
principles with a greater claim to coherence and defensibility than
those in the original cases. The book will be of great interest to
scholars and students of medical law, criminal law, bioethics,
legal theory and moral philosophy.
How should judges and legislators address challenges arising at the
frontiers of biomedicine? What if it became possible to edit the
DNA of embryos for enhanced traits, gestate a fetus in an
artificial womb, self-modify brain implants to provide new skills
or bring a frozen human back to life? This book presents an
innovative legal theory and applies it to future developments in
biomedicine. This legal theory reconceptualises the role of legal
officials in terms of moral principle and contextual constraints:
'contextual legal idealism'. It is applied by asking how a
political leader or appeal court judge could address technological
developments for which the current law of England and Wales would
be ill-equipped to respond. The book's central thesis is that the
regulation of human conduct requires moral reasoning directed to
the context in which it operates. The link between abstract theory
and practical application is articulated using future developments
within four areas of biomedicine. Developments in heritable genome
editing and cybernetic biohacking are addressed using Explanatory
Notes to hypothetical UK Parliamentary Bills. Developments in
ectogestation and cryonic reanimation are addressed using
hypothetical appeal court judgments. The book will be of great
interest to scholars and students of medical/health law, criminal
law, bioethics, biolaw, legal theory and moral philosophy.
What role does reason play in determining what, if anything, is
morally right? What role does morality play in law? Perhaps the
most controversial answer to these fundamental questions is that
reason supports a supreme principle of both morality and legality.
The contributors to this book cast a fresh critical eye over the
coherence of modern approaches to ethical rationalism within law,
and reflect on the intellectual history on which it builds. The
contributors then take the debate beyond the traditional concerns
of legal theory into areas such as the relationship between
morality and international law, and the impact of ethically
controversial medical innovations on legal understanding.
What role does reason play in determining what, if anything, is
morally right? What role does morality play in law? Perhaps the
most controversial answer to these fundamental questions is that
reason supports a supreme principle of both morality and legality.
The contributors to this book cast a fresh critical eye over the
coherence of modern approaches to ethical rationalism within law,
and reflect on the intellectual history on which it builds. The
contributors then take the debate beyond the traditional concerns
of legal theory into areas such as the relationship between
morality and international law, and the impact of ethically
controversial medical innovations on legal understanding.
|
|