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 (2008)
| Abstract | Some argue that law is the discipline which has mixed most prominently with bioethics, and that bioethicists can be seduced by the law and by legal procedures. While there is a great consensus that law has influenced bioethics in significant and important ways, certainly much more than it influenced other "law and..." disciplines, scholars dispute as to the exact role which the law plays in bioethics, the goals it purports to achieve and the implications of its relationship with the discipline of bioethics. This Article aims to explore the relationship between law and bioethics and calls for a careful evaluation of the law's contributions to bioethics. Specifically, it will be argued that while the law contributed extensively to the development of bioethics it introduced a language and a way of thinking that are not necessarily appropriate to handle and resolve bioethical issues, and which, in significant portion of cases, was irrelevant and had little impact on decision-making and behavioral patterns of patients. Moreover, law's interference with and shape of bioethical issues resulted in serious threats to some of the major characteristic of such issues and brought about to other societal concerns which the law did not consider seriously. The article will conclude that it is now time to re-evaluate the direction in which bioethics should take in the next years, specifically whether it should continue to integrate with law or other disciplines, or alternatively become a more autonomous and independent discipline. | |||||||||
| Keywords | No keywords specified (fix it) | |||||||||
| Categories | ||||||||||
| Options |
|
|||||||||
Download options| PhilPapers Archive |
Upload a copy of this paper Check publisher's policy on self-archival Papers currently archived: 5,709 |
| External links |
  Try with proxy. |
| Through your library | Configure |
Similar books and articlesRoger Brownsword (2008). Bioethics : Bridging From Morality to Law? In Michael D. A. Freeman (ed.), Law and Bioethics / Edited by Michael Freeman. Oxford University Press.
Francis J. Mootz (ed.) (2009). On Philosophy in American Law. Cambridge University Press.
Michael D. A. Freeman & Ross Harrison (eds.) (2007). Law and Philosophy. Oxford University Press.
Jean V. Mchale (2008). Nanomedicine-Small Particles, Big Issues : A New Regulatory Dawn for Health Care Law and Bioethics? In Michael D. A. Freeman (ed.), Law and Bioethics / Edited by Michael Freeman. Oxford University Press.
Richard Ashcroft (2008). The Troubled Relationship Between Bioethics and Human Rights. In Michael D. A. Freeman (ed.), Law and Bioethics / Edited by Michael Freeman. Oxford University Press.
Thomas Alured Faunce & Hitoshi Nasu (2009). Normative Foundations of Technology Transfer and Transnational Benefit Principles in the UNESCO Universal Declaration on Bioethics and Human Rights. Journal of Medicine and Philosophy 34 (3):296-321.
Analytics
Monthly downloads |
Added to index2009-01-28Total downloads11 ( #99,650 of 549,700 )Recent downloads (6 months)1 ( #63,425 of 549,700 )How can I increase my downloads? |
My notes
Discussion
