David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
In Michael D. A. Freeman (ed.), Law and Bioethics / Edited by Michael Freeman. Oxford University Press (2008)
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||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Daniel Sperling (2010). Food Law, Ethics, and Food Safety Regulation: Roles, Justifications, and Expected Limits. [REVIEW] Journal of Agricultural and Environmental Ethics 23 (3):267-278.
Similar books and articles
Roger Brownsword (2008). Bioethics : Bridging From Morality to Law? In Michael D. A. Freeman (ed.), Law and Bioethics / Edited by Michael Freeman. Oxford University Press
Romeo Casabona & Carlos María (eds.) (1999). Biotechnology, Law, and Bioethics: Comparative Perspectives. Bruylant.
Francis J. Mootz (ed.) (2009). On Philosophy in American Law. Cambridge University Press.
M. Kamminga, Final Report on the Impact of International Human Rights Law on General International Law.
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.
Added to index2009-01-28
Total downloads14 ( #252,270 of 1,796,251 )
Recent downloads (6 months)1 ( #468,795 of 1,796,251 )
How can I increase my downloads?