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Vol 25 No 2 Feb/March 2020

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Philosophical Foundations of Medical Law

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

ISBN13: 9780198796558
Published: November 2019
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £80.00

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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.

Medical Law
Introduction, Jonathan Herring, Thana C. de Campos, and Andelka M. Phillips

Part A: General Theories
1: Virtue Ethics and Medical Law, Robert Gay
2: Feminism, Ethics of Care, and Medical Ethics, Jonathan Herring
3: The Natural Law Foundations of Medical Law, Robert P. George and Christopher O. Tollefsen
4: Consequentialism and the Law in Medicine, Julian Savalescu and Dominic Wilkinson
5: Justice and Responsibility: a Deontological Approach to Medical Law, Thana C. de Campos
6: Abortion, Feminism, and 'Traditional' Moral Philosophy, Kate Greasley
7: How the Philosophy Gets In, Jesse Wall

Part B: Applications of Theories
8: Virtue Theory and the Lawfulness of Withholding or Withdrawing Treatment or Care, David Albert Jones
9: Dignity in Medical Law, Charles Foster
10: The Beginning and Ending of Life: Medical Law and Ethical Incoherence, John Keown
11: Proportionality in Medical Law, Francisco J. Urbina
12: Priority Setting, Judicial Review, and Procedural Justice, Daniel Wang and Benedict Rumbold
13: Philosophy and Restrictions on Access to Assisted Reproductive Technologies, Imogen Goold
14: Abortion on the Basis of a Risk of Disability: the Parents' Interests and Shared Interests, Heloise Robinson
15: Property in the Body and Medical Law, Donna Dickenson
16: Trafficking, Tourism and Trading: A Dark Convergence in Transplantation?, Trevor Stammers
17: Can a Reformed Surrogacy Law Reflect Pragmatism and Respect Ethics?, Kirsty Horsey
18: Ageing and Fertility: Legal and Ethical Perspectives, Pia Jolliffe and William Jolliffe
19: The Emergence of Family Care Agreements in an Ageing World, Pip Coore
20: The Problem of Mental Capacity in Self-Harming Egosyntonic Disorder, Camilla Kong
21: Medical Privacy and Big Data: a Further Reason in Favour of Public Universal Healthcare Coverage, Carissa Véliz
22: The Age of Personalized Medicine—From Patients to Consumers: The Digital Environment, Clickwrap Contracts, and Implications for Autonomy, Andelka M. Phillips