Download Choosing Life, Choosing Death: The Tyranny of Autonomy in by Charles Foster PDF

By Charles Foster

Autonomy is a crucial precept in clinical legislations and ethics which occupies a renowned position in all medico-legal and moral debate. yet there's a risky presumption that it may have the one vote, or not less than the casting vote. This booklet is an attack on that presumption, and an audit of autonomy's outstanding prestige. opting for existence, determining loss of life surveys the most matters in scientific legislation, noting, in terms of every one factor, the ability wielded by means of autonomy, asking no matter if that strength may be justified, and suggesting how different rules can and may give a contribution to the legislations. The book's constitution is greatly chronological. It starts off ahead of beginning - with questions in relation to reproductive expertise and the possession of gametes - and ends after demise - with the problems in terms of the possession of physique components. at the manner, it offers with the prestige of the early embryo and the fetus, the legislations of abortion, confidentiality, consent, clinical litigation, scientific learn, and end-of-life decision-making. making a choice on existence, picking loss of life concludes that autonomy's prestige can't be intellectually or ethically justified, and that optimistic discrimination in desire of the opposite balancing rules is urgently wanted as a way to stay away from a few sinister effects. There are few books which take a pro-life and anti-autonomy stance. this can be a arguable topic that would galvanize debate between students, judges, and practitioners. Authored via Charles Foster, a commonly revered student who has written commonly during this region, picking out existence, picking demise is a fascinating, discovered, and thought-provoking dialogue of the issues valuable to the courts' method of moral matters in scientific legislation.

Show description

Read or Download Choosing Life, Choosing Death: The Tyranny of Autonomy in Medical Ethics and Law PDF

Similar health & medical law books

Law and human genetics: regulating a revolution

This factor addresses conceptual, moral, political and sensible concerns confronting the legislation within the face of the genetic revolution.

Contemporary issues in healthcare law and ethics

Modern concerns in Healthcare legislations and Ethics, Fourth version, examines an important felony and moral matters in healthcare and provides crucial details that can assist you learn how to determine and take on power criminal difficulties. This completely revised version contains new info and wide updates on issues similar to: The cheap Care Act (ACA the united states ideally suited court docket s judgements on physician-assisted suicide, the legal responsibility of future health plans, and late-term abortion felony and moral matters with regards to the ACA birth control mandate The high-profile Terri Schiavo case related to termination of lifestyles help The HIPAA privateness Rule and its impression on digital health and wellbeing documents clinical malpractice reform and the reporting of clinical blunders New to this variation are end-of-chapter actions and dialogue inquiries to facilitate school room discussions.

After we die : the life and times of the human cadaver

What is going to develop into of our earthly is still? What occurs to bodies in the course of and after a few of the varieties of cadaver disposal to be had? Who controls the destiny of human is still? What felony and ethical constraints observe? felony pupil Norman Cantor offers a image, informative, and interesting exploration of those questions.

Additional resources for Choosing Life, Choosing Death: The Tyranny of Autonomy in Medical Ethics and Law

Sample text

5 It means that we all have a life-plan, we all have a right to have it respected, and if we’re to talk about such disreputable, autonomy-truncating things as duties at all, we merely have duties not to interfere with others’ life-plans. Anyone so contemptibly sub-rational or unreflective as not to have a life-plan is hardly human at all. 6 1 Of course, as I acknowledge in the Preface, there is an active debate in the academic literature. But that debate does not reflect the dominant and dominating mindset in the medical profession.

Those views are generally unnecessary: the codes would be perfectly workable without them. Do they reflect the view of the members of the profession? There is no reason to suppose that they do, other than the fact that the codes have emerged from consultation exercises. But once a view is expressed in a code produced by a notionally authoritative body such as the GMC, it is hard for a court to escape the conclusion that it is definitive of responsible medical thought and approach. Once within the body of the law, autonomy shapes the law to make itself comfortable.

1 This is probably a consequence of the increased invocation of conscientious objection clauses. That increased use has led to practical problems for healthcare providers and patients. It is increasingly difficult, for instance, to recruit medical practitioners to do abortions. It is rather ironic that as increasing numbers of health care professionals demonstrate that conscientious objection is important to them, the pressure mounts to restrict the right to objection. The case against conscientious objection is put stridently by Julian Savulescu: Conscience .

Download PDF sample

Rated 4.64 of 5 – based on 13 votes