The Law and Ethics of Medicine: Essays on the Inviolability of Human Life explains the principle of the inviolability of human life and its continuing relevance to English law governing aspects of medical practice at the beginning and end of life. The book shows that the principle, though widely recognized as an historic and foundational principle of the common law, has been misunderstood in the legal academy, at the Bar and on the Bench. Part I of the book identifies the confusion and clarifies the principle, distinguishing it from 'vitalism' on the one hand and a 'qualitative' evaluation of human life on the other. Part II addresses legal aspects of the beginning of life, including the history of the law against abortion and its relevance to the ongoing abortion debate in the US; the law relating to the 'morning after' pill; and the legal status of the human embryo in vitro. Part III addresses legal aspects of the end of life, including the euthanasia debate; the withdrawal of tube-feeding from patients in a 'persistent vegetative state'; and the duty to provide palliative treatment. This unique collection of essays offers a much-needed clarification of a cardinal legal and ethical principle and should be of interest to lawyers, bioethicists, and healthcare professionals (whether they subscribe to the principle or not) in all common law jurisdictions and beyond.

The Law and Ethics of Medicine: Essays on the Inviolability of Human Life explains the principle of the inviolability of human life and its continuing relevance to English law governing aspects of medical practice at the beginning and end of life. The book shows that the principle, though widely recognized as an historic and foundational principle of the common law, has been misunderstood in the legal academy, at the Bar and on the Bench. Part I of the book identifies the confusion and clarifies the principle, distinguishing it from 'vitalism' on the one hand and a 'qualitative' evaluation of human life on the other. Part II addresses legal aspects of the beginning of life, including the history of the law against abortion and its relevance to the ongoing abortion debate in the US; the law relating to the 'morning after' pill; and the legal status of the human embryo in vitro. Part III addresses legal aspects of the end of life, including the euthanasia debate; the withdrawal of tube-feeding from patients in a 'persistent vegetative state'; and the duty to provide palliative treatment. This unique collection of essays offers a much-needed clarification of a cardinal legal and ethical principle and should be of interest to lawyers, bioethicists, and healthcare professionals (whether they subscribe to the principle or not) in all common law jurisdictions and beyond.

The principle of the sanctity of life is key to the law governing medical practice and professional medical ethics. It is also widely misunderstood. This book clarifies the principle and considers how it influences the law governing abortion; 'test-tube' babies; euthanasia; feeding patients in persistent vegetative states; and palliative treatment.

This book provides an introduction to the philosophical underpinnings of medical law and also deals with a number of topical issues, such as euthanasia, abortion, and privacy, which will be of interest to law and philosophy students and scholars.

This book celebrates Professor Margaret Brazier’s outstanding contribution to the field of healthcare law and bioethics. It examines key aspects developed in Professor Brazier’s agenda-setting body of work, with contributions being provided by leading experts in the field from the UK, Australia, the US and continental Europe. They examine a range of current and future challenges for healthcare law and bioethics, representing state-of-the-art scholarship in the field. The book is organised into five parts. Part I discusses key principles and themes in healthcare law and bioethics. Part II examines the dynamics of the patient–doctor relationship, in particular the role of patients. Part III explores legal and ethical issues relating to the human body. Part IV discusses the regulation of reproduction, and Part V examines the relationship between the criminal law and the healthcare process. Chapter 10 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 3.0 license.

Is the legal protection that is given to the expression of Abrahamic religious belief adequate or appropriate in the context of English medical law? This is the central question that is explored in this book, which develops a framework to support judges in the resolution of contentious cases that involve dissension between religious belief and medical law, developed from Alan Gewirth’s Principle of Generic Consistency (PGC). This framework is applied to a number of medical law case studies: the principle of double effect, ritual male circumcision, female genital mutilation, Jehovah’s Witnesses (adults and children) who refuse blood transfusions, and conscientious objection of healthcare professionals to abortion. The book also examines the legal and religious contexts in which these contentious cases are arbitrated. It demonstrates how human rights law and the proposed framework can provide a gauge to measure competing rights and apply legitimate limits to the expression of religious belief, where appropriate. The book concludes with a stance of principled pragmatism, which finds that some aspects of current legal protections in English medical law require amendment.

John Finnis is a pioneer in the development of a new yet classically-grounded theory of natural law. His work offers a systematic philosophy of practical reasoning and moral choosing that addresses the great questions of the rational foundations of ethical judgments, the identification of moral norms, human agency, and the freedom of the will, personal identity, the common good, the role and functions of law, the meaning of justice, and the relationship of morality and politics to religion and the life of faith. The core of Finnis' theory, articulated in his seminal work Natural Law and Natural Rights, has profoundly influenced later work in the philosophy of law and moral and political philosophy, while his contributions to the ethical debates surrounding nuclear deterrence, abortion, euthanasia, sexual morality, and religious freedom have powerfully demonstrated the practical implications of his natural law theory. This volume, which gathers eminent moral, legal, and political philosophers, and theologians to engage with John Finnis' work, offers the first sustained, critical study of Finnis' contribution across the range of disciplines in which rational and morally upright choosing is a central concern. It includes a substantial response from Finnis himself, in which he comments on each of their 27 essays and defends and develops his ideas and arguments.

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.

This book argues against the legalisation of voluntary euthanasia and/or physician-assisted suicide on the ground that, even if they were ethically defensible in certain 'hard cases', neither could be effectively controlled by law. It maintains that the experience of legalisation in the Netherlands, Belgium and Oregon lends support to the two 'slippery slope' arguments against legalisation, the 'empirical' and the 'logical'. The empirical argument challenges the feasibility of drafting and enforcing adequate safeguards against abuse and mistake; the logical argument shows that acceptance of the case for euthanasia in the case of suffering patients who request it logically involves acceptance of euthanasia for suffering patients who are unable to request it, such as infants and those with advanced dementia.

The book’s main contribution is its interdisciplinary approach to the issue of sedation at the end-of-life. Because it occurs at the end of life, palliative sedation raises a number of important ethical and legal questions, including whether it is a covert form of euthanasia and for what purposes it may legally be used. Many of the book chapters address the first question and almost all deal with a specific form of the second: whether palliative sedation should be used for those experiencing “existential suffering”? This raises the question of what existential suffering is, a topic that is also discussed in the book. The different chapters address these issues from the perspectives of the relevant disciplines: Palliative Medicine, Bioethics, Law and Theology. Hence, helpful accounts of the clinical and historical background for this issue are provided and the importance of drawing accurate ethical and legal distinctions is stressed throughout the whole book. So the volume represents a valuable contribution to the emerging literature on this topic and should be helpful across a broad spectrum of readers: philosophers, theologians and physicians.