Jewish Biomedical Law
Legal and Extra-Legal Dimensions
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Product details:
- Publisher OUP Oxford
- Date of Publication 2 October 2003
- ISBN 9780198268277
- Binding Hardback
- No. of pages304 pages
- Size 236x156x15 mm
- Weight 566 g
- Language English 0
Categories
Short description:
Dealing with major issues in Jewish biomedical law, this book focuses upon the influence of morality, the rise of patient autonomy, and the role played by scientific progress in this area of Jewish Law. The book examines Jewish Law in comparison with canon, common, and modern Israeli law.
MoreLong description:
Jewish Biomedical Law deals with the controversial issues of abortion, assisted reproduction, genetics, the obligation to heal, patient autonomy, treatment of the terminally ill, the definition of death, organ donations, and the allocation of scarce medical resources in Jewish Law.
The volume focuses upon the complex interplay between legal and moral elements in the decision-making process, particularly when questions of life and death (such as abortion and treatment of the terminally ill) are involved. Sinclair argues that the moral element in Jewish biomedical law is of a universal, rational nature, and its theoretical basis may be located in a weak form of Natural law theory regarding the value of human life in the Jewish legal tradition.
The concept of patient autonomy in Jewish biomedical law is more limited than in contemporary liberal jurisprudence, and is based upon theological as well as strictly legal elements. The influence of scientific thinking upon the decision-making process in Jewish biomedical law is illustrated in a discussion of the contemporary debate concerning the permissibility of heart transplants.
In most chapters, Jewish law is compared and contrasted with Canon and Common Law, and the volume also discusses the role played by Jewish biomedical law in modern, secular Israeli law. In this context, it addresses the thorny issue of combining religious law with democratic principles within the framework of a secular legal system.
This excellent new book makes an important contribution to the English-language literature on Jewish medical ethics. ... Daniel Sinclair's book will help us navigate today's challenges, preserving the Jewish moral tradition without enslavement to a mistakenly inflexible interpretation of the halakhah
Table of Contents:
Introduction
Abortion
Assisted Reproduction
Genetics
The Obligation to Heal and Patient Autonomy
The Terminally Ill Patient
Science, Halakhah, and Public Health Policy: The Definition of Death, heart transplants, Organ Donations, and the Allocation of Scarce Medical Resources
Conclusion
