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  • Philosophical Foundations of Medical Law

    Philosophical Foundations of Medical Law by Phillips, Andelka M.; Campos, Thana C. de; Herring, Jonathan;

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    Product details:

    • Publisher OUP Oxford
    • Date of Publication 28 November 2019

    • ISBN 9780198796558
    • Binding Hardback
    • No. of pages348 pages
    • Size 252x178x26 mm
    • Weight 792 g
    • Language English
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    Short description:

    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.

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    Long description:

    With advances in personalised medicine, the field of medical law is being challenged and transformed. The nature of the doctor-patient relationship is shifting as patients simultaneously become consumers. The regulation of emerging technologies is being thrown into question, and we face new challenges in the context of global pandemics. This volume identifies significant questions and issues underlying the philosophy of medical law. It brings together leading philosophers, legal theorists, and medical specialists to discuss these questions in two parts. The first part deals with key foundational theories, and the second addresses a variety of topical issues, including euthanasia, abortion, and medical privacy. The wide range of perspectives and topics on offer provide a vital introduction to the philosophical underpinnings of medical law.

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    Table of Contents:

    Introduction
    Part A: General Theories
    Virtue Ethics and Medical Law
    Feminism, Ethics of Care, and Medical Ethics
    The Natural Law Foundations of Medical Law
    Consequentialism and the Law in Medicine
    Justice and Responsibility: a Deontological Approach to Medical Law
    Abortion, Feminism, and 'Traditional' Moral Philosophy
    How the Philosophy Gets In
    Part B: Applications of Theories
    Virtue Theory and the Lawfulness of Withholding or Withdrawing Treatment or Care
    Dignity in Medical Law
    The Beginning and Ending of Life: Medical Law and Ethical Incoherence
    Proportionality in Medical Law
    Priority Setting, Judicial Review, and Procedural Justice
    Philosophy and Restrictions on Access to Assisted Reproductive Technologies
    Abortion on the Basis of a Risk of Disability: the Parents' Interests and Shared Interests
    Property in the Body and Medical Law
    Trafficking, Tourism and Trading: A Dark Convergence in Transplantation?
    Can a Reformed Surrogacy Law Reflect Pragmatism and Respect Ethics?
    Ageing and Fertility: Legal and Ethical Perspectives
    The Emergence of Family Care Agreements in an Ageing World
    The Problem of Mental Capacity in Self-Harming Egosyntonic Disorder
    Medical Privacy and Big Data: a Further Reason in Favour of Public Universal Healthcare Coverage
    The Age of Personalized Medicine—From Patients to Consumers: The Digital Environment, Clickwrap Contracts, and Implications for Autonomy

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