Philosophical Foundations of Medical Law

by Andelka M. Phillips, Thana C. de Campos, Jonathan Herring

Overview

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.

Product Details

ISBN-13:	9780198796558
Publisher:	Oxford University Press
Publication date:	01/21/2020
Pages:	348
Product dimensions:	9.80(w) x 7.00(h) x 1.30(d)

About the Author

Andelka M. Phillips is Senior Lecturer at Te Piringa Faculty of Law, University of Waikato. While at Oxford she was the General Editor of the Oxford University Commonwealth Law Journal.

Thana C. de Campos is Assistant Professor at Pontificia Universidad Catolica de Chile. She is a research associate at the UNESCO Chair in Bioethics and Human Rights (Rome); the Von Hugel Institute (St Edmund's College, University of Cambridge); and at Las Casas Institute (Blackfriars Hall, University of Oxford).

Jonathan Herring is the DM Wolfe-Clarendon Fellow in Law and the Vice-Dean and Professor of Law in the Law Faculty at Oxford University.

Table of Contents

Introduction, Andelka M. Phillips, Thana C. de Campos, and Jonathan HerringPart A: General Theories1. Virtue Ethics and Medical Law, Robert Gay2. Feminism, Ethics of Care, and Medical Ethics, Jonathan Herring3. The Natural Law Foundations of Medical Law, Robert P. George and Christopher O. Tollefsen4. Consequentialism and the Law in Medicine, Julian Savalescu and Dominic Wilkinson5. Justice and Responsibility: a Deontological Approach to Medical Law, Thana C. de Campos6. Abortion, Feminism, and 'Traditional' Moral Philosophy, Kate Greasley7. How the Philosophy Gets In, Jesse WallPart B: Applications of Theories8. Virtue Theory and the Lawfulness of Withholding or Withdrawing Treatment or Care, David Albert Jones9. Dignity in Medical Law, Charles Foster10. The Beginning and Ending of Life: Medical Law and Ethical Incoherence, John Keown11. Proportionality in Medical Law, Francisco J. Urbina12. Priority Setting, Judicial Review, and Procedural Justice, Daniel Wang and Benedict Rumbold13. Philosophy and Restrictions on Access to Assisted Reproductive Technologies, Imogen Goold14. Abortion on the Basis of a Risk of Disability: the Parents' Interests and Shared Interests, Heloise Robinson15. Property in the Body and Medical Law, Donna Dickenson16. Trafficking, Tourism and Trading: A Dark Convergence in Transplantation?, Trevor Stammers17. Can a Reformed Surrogacy Law Reflect Pragmatism and Respect Ethics?, Kirsty Horsey18. Ageing and Fertility: Legal and Ethical Perspectives, Pia Jolliffe and William Jolliffe19. The Emergence of Family Care Agreements in an Ageing World, Pip Coore20. The Problem of Mental Capacity in Self-Harming Egosyntonic Disorder, Camilla Kong21. Medical Privacy and Big Data: a Further Reason in Favour of Public Universal Healthcare Coverage, Carissa Veliz22. The Age of Personalized Medicine—From Patients to Consumers: The Digital Environment, Clickwrap Contracts, and Implications for Autonomy, Andelka M. Phillips