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Philosophical Foundations of Medical Law

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

Abstract

In recent years, there has been renewed interest in the philosophical foundations of medical law. With advances in personalized medicine, the nature of the doctor–patient relationship is being challenged. Patients can now simultaneously be consumers, and this raises interesting questions for the law. Meanwhile, the regulation of emerging technologies is another area worthy of further scrutiny. And in the context of global pandemics, we also face new challenges. This volume brings together leading philosophers, legal theorists, and medical specialists to debate the philosophical foundations of ... More

Keywords: medical law, personalized medicine, doctor–patient relationship, patients, global pandemics, philosophical foundations

Bibliographic Information

Print publication date: 2019 Print ISBN-13: 9780198796558
Published to Oxford Scholarship Online: January 2020 DOI:10.1093/oso/9780198796558.001.0001

Authors

Affiliations are at time of print publication.

Andelka M. Phillips, editor
Senior Lecturer, University of Waikato

Thana C. de Campos, editor
Assistant Professor, Pontificia Universidad Católica de Chile

Jonathan Herring, editor
Professor of Law, University of Oxford

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Contents

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Front Matter

Title Pages

List of Contributors

Introduction

Andelka M Phillips, Thana C de Campos, and Jonathan Herring

Part A General Theories

1 Virtue Ethics and Medical Law

Robert Gay OP

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 Savulescu and Dominic Wilkinson

5 Justice and Responsibility

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

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

Heloise Robinson

15 Property in the Body and Medical Law

Donna Dickenson

16 Trafficking, Tourism, and Trading

Trevor Stammers

17 How Can a Reformed Surrogacy Law Reflect Pragmatism and Respect Ethics?

Kirsty Horsey

18 Ageing and Fertility

Pia Jolliffe and William Jolliffe

19 The Emergence of Family Agreements in an Ageing World

Pip Coore

20 The Problem of Mental Capacity in Self-Harming Egosyntonic Disorder

Camillia Kong

21 Medical Privacy and Big Data

Carissa Véliz*

22 The Age of Personalized Medicine—From Patients to Consumers

Andelka M Phillips

End Matter

Index