Medicine, Health Care and Philosophy (forthcoming)
|Abstract||In France, bioethics norms have emerged in close interaction with medical practices. The first bioethics laws were adopted in 1994, with provisions for updates in 2004 and most recently, in 2011. As in other countries, bioethics laws indirectly refer to certain fundamental values. The purpose of this paper is threefold. First, I shall briefly describe the construction of the French bioethics laws and the values they are meant to protect. Secondly, I will show that the practice of clinical ethics, as reported in a few studies on ART, living organ donation and PGD, challenge the role attributed to doctors as “gatekeepers” of those fundamental values. Thirdly, I will suggest that the quality of medical practices would improve if the law focused on strengthening the tacit pact between doctors and patients, rather than putting doctors in charge of enforcing societal values. Doctors, for their part, would limit their role to what they can do best: provide sufficient patient support and safe care. Against those who argue that we should dispense with bioethics laws altogether, I hold that the laws are useful in order to limit the development of abusive practices. However, a new legislative approach should be adopted which would a positive presumption in favor of patients’ requests|
|Keywords||No keywords specified (fix it)|
|Through your library||Configure|
Similar books and articles
Marta Spranzi (forthcoming). Clinical Ethics and Values: How Do Norms Evolve From Practice? Medicine, Health Care and Philosophy.
Stéphanie Hennette-Vauchez, Words Count - How Interest in Stem Cells has Made the Embryo Available: A Look at the French Law of Bioethics.
R. S. Downie (2007). Bioethics and the Humanities: Attitudes and Perceptions. Routledge-Cavendish.
Laurence B. Mccullough (2011). Was Bioethics Founded on Historical and Conceptual Mistakes About Medical Paternalism? Bioethics 25 (2):66-74.
Renée C. Fox (2008). Observing Bioethics. Oxford University Press.
Onora O'Neill (2012). The Jurisprudence Annual Lecture 2012 Making Laws Better or Making Better Laws? Jurisprudence 3 (1):1-12.
Véronique Fournier, Denis Berthiau, Julie D.’Haussy & Philippe Bataille (forthcoming). Access to Assisted Reproductive Technologies in France: The Emergence of the Patients' Voice. Medicine, Health Care and Philosophy.
Carolyn Ells (2010). The Ethics of Bioethics: Mapping the Moral Landscape. International Journal of Feminist Approaches to Bioethics 3 (2).
Daniel Sperling (2008). Law and Bioethics : A Rights-Based Relationship and its Troubling Implications. In Michael D. A. Freeman (ed.), Law and Bioethics / Edited by Michael Freeman. Oxford University Press.
Edmund D. Pellegrino (2000). Carl E. Schneider, the Practice of Autonomy: Patients, Doctors, and Medical Decisions. Theoretical Medicine and Bioethics 21 (4).
Franklin G. Miller, Robert D. Truog & Dan W. Brock (2010). Moral Fictions and Medical Ethics. Bioethics 24 (9):453-460.
H. Tristram Engelhardt (1996). The Foundations of Bioethics. Oxford University Press, USA.
Rosamond Rhodes (2001). Understanding the Trusted Doctor and Constructing a Theory of Bioethics. Theoretical Medicine and Bioethics 22 (6).
Mark Kuczewski (2012). Can Medical Repatriation Be Ethical? Establishing Best Practices. American Journal of Bioethics 12 (9):1-5.
Added to index2012-04-07
Total downloads4 ( #178,586 of 549,065 )
Recent downloads (6 months)1 ( #63,185 of 549,065 )
How can I increase my downloads?