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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Law, Health and Medical Regulation

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ISBN13: 9781855212831
ISBN: 1855212838
Published: February 1992
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: Out of print

This is a collection of essays which is focused towards showing that the experience of health is shaped by law and medical regulation and that health is part of ""our"" shared subjectivities. We try to show that law and legal concepts have a powerful role to play in regulation, while at times being indistinguishable from other practices of regulation offered by accountants, economists and medical scientists. To that end, the collection opens with two essays on the relationship between ethics and law, one centered on the concept of the tragic body in Kantian autonomy and one centred on the Lockian conception of ownership of the body as a self-referential property right. The issue of health is then explored along with issues of sexuality isn three essays, each offering a comparative analysis, on the regulation of embryo and infertility research in the United Kingdom and Denmark, the treatment of HIV positive prisoners in the United Kingdom and United States, and the regulation of non-consensual sterilization in the United Kingdom and Germany.;Individual evaluation of health and well-being is compared to the assessment of pain and suffering under negligence law in an essay which explains the value of subjective quality of life questionnaires. The involvement of general principles of law in supporting entrenched hierarchies within the medical profession is illustrated by an essay on the ascription of legal responsibility between doctors and nurses. The issue of responsibility is further explored in an essay on accountability and questions of the economics of health and competition are dealt with in an essay on medical audit.

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The tragic body - the inscription of autonomy in medical ethics and law, Costas Douzinas and Shaun McVeigh; body ownership, Calliope Farsides; dangerous liaisons - law, technology, reproduction and European ethics, Derek Morgan and Linda Nielson; regulating sexuality - a legislative framework for non-consensual sterilization, Josephine Shaw; rights, policy and the dilemmas of HIV positive prisoners, Jean McHale and Alison Young; doctors' handmaidens - the legal contribution, Jonathon Montgommery; doctors as allocators, Robert Lee; medical audit - a critical review, Anne McBride; personal injuries compensation and quality of life, Crispin Jenkinson and Brian Wilkinson.