Issues in Medical Law and Ethics, 1st Edition by Morgan

By Morgan

Thirty years in the past, English jurist Patrick Devlin wrote: "Is it no longer a delightful tribute to the clinical occupation that in most cases it's been in a position to deal with its kin with its sufferers ... with no assistance from legal professionals and legislation makers". scientific interventions on the beginnings and the endings of existence have rendered that evaluation dated if now not defeated. This publication alternatives up one of the most vital of these advancements and displays at the felony and social effects of this metamorphosis over the past ten years, and should be of curiosity to scholars of legislations, sociology and ethics who desire a thought of and significant advent to, and mirrored image on, key concerns in those pivotal moments of human lifestyles.

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54 55 56 57 58 59 60 Op cit, Brazier and Glover, fn 48, p 15. Op cit, Brazier and Glover, fn 48, p 15. See Wolf, SM (1994) 20(4) Am J Law and Medicine 395 for a comprehensive review, and Fairbairn, G and Fairbairn, S (eds), Ethical Issues in Caring, 1988, Aldershot: Avebury. Ibid, Wolf. See Wolf, SM, ‘Erasing difference: race, ethnicity and gender in bioethics’, Chapter 4 in Feminism and Bioethics, 1996, New York: OUP. Ibid, p 70. Ibid, p 68. 23 Issues in Medical Law and Ethics …the only person who might claim that race is of no significance in the United States is a person of the dominant race, asserting the privilege to ignore it…the damage done by a bioethics that erases difference occurs on a number of levels.

I’ll go further than that. 51 This informs my more general thesis that medicine and, hence, medical law is not just for treating people right, but for treating them gentle too. I see this not as in opposition to Kennedy’s claim that medical law properly understood is but a sub-set of human rights, but as complementary to it. 52 And, there is a form of equity argument here too. In a later essay on advance directives I argue that ‘going off well’ must not be reserved for the well off. The point can be generalised.

Jennings argues that there has been an important recent shift away from epistemological questions about the relationship between a rational, knowing subject and a rationally knowable, objective morality as the primary focus of ethical theory, towards an approach which aims to understand morality ‘as a socially embedded practice’. These transformations have important consequences for the ways in which we conceptualise and even describe the setting of a legal framework and the establishment of ethical standards for regulating scientific and technical societies.

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