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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.
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