Search results for 'Body, Human Law and legislation' (try it on Scholar)

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  1.  12
    David W. Meyers (2006). The Human Body and the Law: A Medico-Legal Study. Aldine Transaction.
    Thus, Meyers provides a valuable account, not only of current medical attitudes, but also of relevant case and statute law as it stands at present.
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  2.  16
    David W. Meyers (1990). The Human Body and the Law. Stanford University Press.
    Mother and Fetus: Rights in Conflict A. INTRODUCTION After fertilization of the female egg (ovum) with male sperm the resulting zygote may implant ...
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  3.  15
    Jacqueline A. Laing (2008). Food and Fluids: Human Law, Human Rights and Human Interests. In C. Tollefsen (ed.), Artificial Nutrition and Hydration. Springer Press 77--100.
    The experience of the twentieth century bears witness to the abuse, mutilation and homicide of the vulnerable made possible by the power of the state, mass markets, and medical and financial interests. Suggestions for reform of the law regarding food and fluids typically take place in the context of utilitarian personistic “quality-of-life” presuppositions, and interests in shifting legal responsibility for life-and-death decisions, medical research, drug trials, organ harvesting as well as more mundane bureaucratic concerns like bed-clearing. With the Western world (...)
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  4.  7
    J. V. McHale (1992). The Human Body and the Law. Journal of Medical Ethics 18 (2):110-110.
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  5. Anisha Thomas (2015). Juliet Rogers: Law’s Cut on the Body of Human Rights. Feminist Legal Studies 23 (2):221-223.
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  6. Jesús Ballesteros & Encarna Fernández (eds.) (2007). Biotecnología y Posthumanismo. Editorial Aranzadi.
    La obra recoge, desde una perspectiva interdisciplinar, las aportaciones de un grupo de investigadores españoles e italianos que han trabajado conjuntamente durante varios años en distintas cuestiones en torno a las posibilidades y riesgos de los avances biotecnológicos y su incidencia en el campo de los derechos humanos. Los estudios y debates se han realizado en el marco del programa de doctorado internacional sobre "Derechos humanos: Problemas actuales" encabezado por las Universidades de Valencia y Palermo. El Profesor Jesús Ballesteros, Catedrático (...)
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  7. Juliana Rangel de Alvarenga Paes (2005). Le Corps Humain Et le Droit International. Anrt, Atelier National de Reproduction des Thèses.
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  8. David N. Weisstub (ed.) (1998). Research on Human Subjects: Ethics, Law, and Social Policy. Pergamon.
    There have been serious controversies in the latter part of the 20th century about the roles and functions of scientific and medical research. In whose interests are medical and biomedical experiments conducted and what are the ethical implications of experimentation on subjects unable to give competent consent? From the decades following the Second World War and calls for the global banning of medical research to the cautious return to the notion that in controlled circumstances, medical research on (...) subjects is in the best interest of the given individual and the broader population, this book addresses the key implications of experimentation on humans. This volume covers major ethical themes within biomedical research providing historical, philosophical, legal and policy reflections on the literature and specific issues in the field of research on human subjects. Focusing on special populations (the elderly, children, prisoners and the cognitively impaired) it represents the most up-to-date review of the special ethical and legal conflicts that arise with relation to experimentation on subjects from these groups. In the light of current initiatives for law reform pertaining to research ethics the world over, this volume provides a timely, comprehensive and provocative exploration of the field. The volume has been carefully organized to present important philosophical perspectives on organizing principles that should underlie any practical application. A forward-looking historical review of the regulatory regimes of principal jurisdictions, including of the legal controls already in place, provides the backdrop for future policy initiatives. Additionally, in the light of global restructuring of health care systems, several chapters have been devoted to epidemiological research and related issues. (shrink)
     
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  9.  16
    Roger Brownsword, W. R. Cornish & Margaret Llewelyn (eds.) (1998). Law and Human Genetics: Regulating a Revolution. Hart Pub..
    This special issue of the Modern Law Review addresses a range of key issues - conceptual, ethical, political and practical - arising from the regulatory ...
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  10.  10
    Aurora Plomer (2005). The Law and Ethics of Medical Research: International Bioethics and Human Rights. Cavendish.
    This book examines the controversies surrounding biomedical research in the twenty-first century from a human rights perspective, analyzing the evolution and ...
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  11. García San José & I. Daniel (2010). International Bio Law: An International Overview of Developments in Human Embryo Research and Experimentation. Ediciones Laborum.
     
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  12.  17
    Gail Bruner Murrow & Richard W. Murrow (2013). A Biosemiotic Body of Law: The Neurobiology of Justice. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):275-314.
    We offer a theory regarding the symbolism of the human body in legal discourse. The theory blends legal theory, the neuroscience of empathy, and biosemiotics, a branch of semiotics that combines semiotics with theoretical biology. Our theory posits that this symbolism of the body is not solely a metaphor or semiotic sign of how law is cognitively structured in the mind. We propose that it also signifies neurobiological mechanisms of social emotion in the brain that are involved in the (...)
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  13.  2
    Aurelija Pūraitė (2012). Origins of Environmental Regulation. Jurisprudence 19 (2):657-674.
    During the last twenty – thirty years there has been unprecedented demand for new legal regulation in the field of environmental protection, which influenced the immense growth in both the body of environmental legislation and in re-thinking the idea and principles of the environmental protection itself. The provisions of environmental law are passed, accepted and obeyed with a great resistance in the society. On the one hand, environmental law may be defined as a value system that seeks to induce (...)
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  14.  6
    Sigrid Sterckx & Kristof van Assche (2011). The New Belgian Law on Biobanks: Some Comments From an Ethical Perspective. Health Care Analysis 19 (3):247-258.
    On 19 December 2008 the Official Journal of Belgium published the ‘Law regarding the procurement and use of human body material destined for human medical applications or for scientific research purposes’. This paper will comment on various aspects of the Law: its scope of application (what is understood by ‘body material’?); its concept of ‘residual human body material’ (with far-reaching implications for the type of consent required for research); the nature of actions with and uses of (...) body material that are explicitly prohibited; the right of donors to be informed of relevant information revealed by the use of their body material; and the special responsibilities placed on hospital ethics committees. As will be argued in this paper, several of these provisions are highly problematic from an ethical point of view, especially those relating to consent. Meanwhile, the Minister of Public Health has asked the Belgian Advisory Committee on Bioethics for advice on the incorporation of the ‘presumed consent’ model, that applies to post mortem organ donation, into the biobank Law’s provisions on post mortem removal and use of body material. This aspect of the Law effectively extends the ‘presumed consent’ regime, both from organs to body material in general, and from therapeutic uses to research uses. (shrink)
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  15.  5
    A. V. Campbell, S. A. M. McLean, K. Gutridge & H. Harper (2008). Human Tissue Legislation: Listening to the Professionals. Journal of Medical Ethics 34 (2):104-108.
    The controversies in Bristol, Alder Hey and elsewhere in the UK surrounding the removal and retention of human tissue and organs have led to extensive law reform in all three UK legal systems. This paper reports a short study of the reactions of a range of health professionals to these changes. Three main areas of ethical concern were noted: the balancing of individual rights and social benefit; the efficacy of the new procedures for consent; and the helpfulness for professional (...)
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  16.  1
    A. V. Campbell, S. A. M. McLean, K. Gutridge & H. Harper (2008). Human Tissue Legislation: Listening to the Professionals. Journal of Medical Ethics 34 (2):104-108.
    The controversies in Bristol, Alder Hey and elsewhere in the UK surrounding the removal and retention of human tissue and organs have led to extensive law reform in all three UK legal systems. This paper reports a short study of the reactions of a range of health professionals to these changes. Three main areas of ethical concern were noted: the balancing of individual rights and social benefit; the efficacy of the new procedures for consent; and the helpfulness for professional (...)
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  17.  38
    Gerrit K. Kimsma & Evert van Leeuwen (2005). The Human Body as Field of Conflict Between Discourses. Theoretical Medicine and Bioethics 26 (6):559-574.
    The approach to AIDS as a disease and a threat for social discrimination is used as an example to illustrate a conceptual thesis. This thesis is a claim that concerns what we call a medical issue or not, what is medicalised or needs to be demedicalised. In the friction between medicalisation and demedicalisation as discursive strategies the latter approach can only be effected through the employment of discourses or discursive strategies other than medicine, such as those of the law and (...)
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  18.  25
    Radhika Rao (2007). Genes and Spleens: Property, Contract, or Privacy Rights in the Human Body? Journal of Law, Medicine & Ethics 35 (3):371-382.
    This article compares three frameworks for legal regulation of the human body. Property law systematically favors those who use the body to create commercial products. Yet contract and privacy rights cannot compete with the property paradigm, which alone affords a complete bundle of rights enforceable against the whole world. In the face of researchers' property rights, the theoretical freedom to contract and the meager interest in privacy leave those who supply body parts vulnerable to exploitation.
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  19. Elizabeth Wicks (2007). Human Rights and Healthcare. Hart Pub..
    Introduction: human rights in healthcare -- A right to treatment? the allocation of resouces in the National Health Service -- Ensuring quality healthcare: an issue of rights or duties? -- Autonomy and consent in medical treatment -- Treating incompetent patients: beneficence, welfare and rights -- Medical confidentiality and the right to privacy -- Property right in the body -- Medically assisted conception and a right to reproduce? -- Termination of pregnancy: a conflict of rights -- Pregnancy and freedom of (...)
     
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  20. Samuel Freeman (2006). The Law of Peoples, Social Cooperation, Human Rights, and Distributive Justice. Social Philosophy and Policy 23 (1):29-68.
    Cosmopolitans argue that the account of human rights and distributive justice in John Rawls's The Law of Peoples is incompatible with his argument for liberal justice. Rawls should extend his account of liberal basic liberties and the guarantees of distributive justice to apply to the world at large. This essay defends Rawls's grounding of political justice in social cooperation. The Law of Peoples is drawn up to provide principles of foreign policy for liberal peoples. Human rights are among (...)
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  21.  73
    Loane Skene (2007). Legal Rights in Human Bodies, Body Parts and Tissue. Journal of Bioethical Inquiry 4 (2):129-133.
    This paper outlines the current common law principles that protect people’s interests in their bodies, excised body parts and tissue without conferring the rights of full legal ownership. It does not include the recent statutory amendments in jurisdictions such as New South Wales and the United Kingdom. It argues that at common law, people do not own their own bodies or excised bodily material. People can authorise the removal of their bodily material and its use, either during life or after (...)
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  22.  12
    Aileen Kavanagh (2004). The Elusive Divide Between Interpretation and Legislation Under the Human Rights Act 1998. Oxford Journal of Legal Studies 24 (2):259-285.
    In recent case-law under the Human Rights Act 1998, the senior judiciary have reiterated the view that their task under section 3(1) of the Act is one of ‘interpretation rather than legislation’. This article has two main aims. The first is to provide a general, theoretical analysis of the extent to which it is possible (if at all) to distinguish between interpretation and legislation. The second is to examine the judicial understanding of this distinction, as revealed through (...)
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  23.  13
    J. Pila (2014). Intellectual Property Rights and Detached Human Body Parts. Journal of Medical Ethics 40 (1):27-32.
    This paper responds to an invitation by the editors to consider whether the intellectual property regime suggests an appropriate model for protecting interests in detached human body parts. It begins by outlining the extent of existing IP protection for body parts in Europe, and the relevant strengths and weaknesses of the patent system in that regard. It then considers two further species of IP right of less obvious relevance. The first are the statutory rights of ownership conferred by domestic (...)
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  24.  12
    D. E. Cutas (2008). Illegal Beings. Human Cloning and the Law. Journal of Medical Ethics 34 (6):510-510.
    A Professor of Law at Santa Clara University, Kerry Lynn Mackintosh presents us with a rigorously structured book on anticloning legislation. Although written for US readers and thus focusing on US context and legislation, the book is very much relevant internationally, due to the similarities between the various anticloning legislative endeavours and between their underlying premises.The book is divided into three parts. In Part I, Macintosh identifies and discusses the five most common sources of objections to human (...)
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  25.  13
    Marie Fox & Jean McHale (2000). Regulating Human Body Parts and Products. Health Care Analysis 8 (2):83-85.
    This special volume of Health Care Analysis is dedicated to a consideration of the status of body parts and products and the roleof law in regulating them. We argue that such a discussion is timely giventhe conflation of technological and academic concerns posed by thecomplex legal framework within which these issues are currentlyaddressed and in the light of debates such as those regardingthe storage of children's organs addressed by inquiries atAlder Hay and Bristol, United Kingdom. The contributors addressspecific legal problems (...)
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  26.  1
    I. Goold (2014). Why Does It Matter How We Regulate the Use of Human Body Parts? Journal of Medical Ethics 40 (1):3-9.
    Human tissue and body parts have been used in one way or another for millennia. They have been preserved and displayed, both in museums and public shows. Real human hair is used for wigs, while some artists even use human tissue in their works. Blood, bone marrow, whole organs and a host of other structures and human substances are all transplanted into living persons to treat illness. New life can be created from gametes through in vitro (...)
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  27.  1
    A. Mahalatchimy, E. Rial-Sebbag, V. Tournay & A. Faulkner (2011). Does the French Bioethics Law Create a 'Moral Exception' to the Use of Human Cells for Health? A Legal and Organizational Issue. Dilemata 7:17-37.
    This article focuses on the legal and organisational regulation of human cells in the United Kingdom and France. French Bioethics Law regulates human cells for health according to European Union law where it is enforceable. But products unregulated by EU law and based on human cells are never considered as medicinal products, given the strict implementation of the principle of “nonpatrimonialité” of the human body and its elements. By comparison, in the UK such products can be (...)
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  28. Jesse Wall (2015). Being and Owning: The Body, Bodily Material, and the Law. Oxford University Press Uk.
    When part of a person's body is separated from them, or when a person dies, it is unclear what legal status the item of bodily material is able to obtain. A 'no property rule' which states that there is no property in the human body was first recorded in an English judgment in 1882. Claims based on property rights in the human body and its parts have failed on the basis that the human body is not the (...)
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  29. Stephen Wilkinson (2004). Bodies for Sale: Ethics and Exploitation in the Human Body Trade. Routledge.
    _Bodies for Sale: Ethics and Exploitation in the Human Body Trade _explores the philosophical and practical issues raised by activities such as surrogacy and organ trafficking. Stephen Wilkinson asks what is it that makes some commercial uses of the body controversial, whether the arguments against commercial exploitation stand up, and whether legislation outlawing such practices is really justified. In Part One Wilkinson explains and analyses some of the notoriously slippery concepts used in the body commodification debate, (...)
     
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  30.  11
    Sondra Harcourt & Mark Harcourt (2002). Do Employers Comply with Civil/Human Rights Legislation? New Evidence From New Zealand Job Application Forms. Journal of Business Ethics 35 (3):207-221.
    This study assesses the extent to which job application forms violate the New Zealand Human Rights Act. The sample for the study includes 229 job application forms, collected from a variety of large and small, public- and private-sector organizations that together employ approximately 200,000 workers. Two hundred and four or 88% of the job application forms contain at least one violation of the Act. One hundred and sixty five or 72% contain two or more and 140 or 61% contain (...)
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  31.  19
    Marie Thérèse Meulders-Klein, Ruth Deech & P. Vlaardingerbroek (eds.) (2002). Biomedicine, the Family, and Human Rights. Kluwer Law International.
    This volume examines the impact of advances in genetics and assisted reproduction technologies on family law, human rights and the rights of the child, ...
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  32.  39
    Richard A. Epstein (2008). Should Antidiscrimination Laws Limit Freedom of Association? The Dangerous Allure of Human Rights Legislation. Social Philosophy and Policy 25 (2):123-156.
    This article defends the classical liberal view of human interactions that gives strong protection to associational freedom except in cases that involve the use of force or fraud or the exercise of monopoly power. That conception is at war with the modern antidiscrimination or human rights laws that operate in competitive markets in such vital areas as employment and housing, with respect to matters of race, sex, age, and increasingly, disability. The article further argues that using the label (...)
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  33.  31
    Mi-Kyung Kim (2009). Oversight Framework Over Oocyte Procurement for Somatic Cell Nuclear Transfer: Comparative Analysis of the Hwang Woo Suk Case Under South Korean Bioethics Law and U.S. Guidelines for Human Embryonic Stem Cell Research. Theoretical Medicine and Bioethics 30 (5):367-384.
    We examine whether the current regulatory regime instituted in South Korea and the United States would have prevented Hwang’s potential transgressions in oocyte procurement for somatic cell nuclear transfer, we compare the general aspects and oversight framework of the Bioethics and Biosafety Act in South Korea and the US National Academies’ Guidelines for Human Embryonic Stem Cell Research, and apply the relevant provisions and recommendations to each transgression. We conclude that the Act would institute centralized oversight under governmental auspices (...)
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  34.  59
    Stephen Wilkinson (2003). Bodies for Sale: Ethics and Exploitation in the Human Body Trade. Routledge.
    Stephen Wilkinson asks what is it that makes some commercial uses of the body controversial, whether such arguments stand up, and whether legislation outlawing ...
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  35.  28
    Jean V. McHale (2003). Nursing and Human Rights. Butterworth Heinemann.
    " This book focuses on the relationship between human rights and nursing in these changing times.
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  36.  18
    Antoinette Rouvroy (2008). Human Genes and Neoliberal Governance: A Foucauldian Critique. Routledge-Cavendish.
    The production of genetic knowledge -- Scientific and economic strength of genetic reductionism -- Policy implications : discourses of genetic enlightenment as new disciplinary devices -- Genetic conceptualizations of normality and the idea of genetic justice -- Beyond genetic universality and authenticity, the lure of the genetic underclass -- Previews of the future as background -- Economic and actuarial perspective on genetics and insurance -- Practical and normative arguments against genetic exceptionalist legislation -- The changing social role of private (...)
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  37. Y. Michael Barilan (2009). From Imago Dei in the Jewish-Christian Traditions to Human Dignity in Contemporary Jewish Law. Kennedy Institute of Ethics Journal 19 (3):pp. 231-259.
    The article surveys and analyzes the roles in Judaism of the value of imago Dei/human dignity, especially in bioethical contexts. Two main topics are discussed. The first is a comparative analysis of imago Dei as an anthropological and ethical concept in Jewish and Western thought (Christianity and secular European values). The Jewish tradition highlights the human body and especially its procreative function and external appearance as central to imago Dei. The second is the role of imago Dei as (...)
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  38.  8
    Isabel Karpin (2012). Perfecting Pregnancy: Law, Disability, and the Future of Reproduction. Cambridge University Press.
    Machine generated contents note: 1. Disability; 2. Risk; 3. Terminations; 4. De-selections; 5. Interpretations; 6. Futures.
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  39.  10
    Edward McWhinney, Sienho Yee & Jacques-Yvan Morin (eds.) (2009). Multiculturalism and International Law: Essays in Honour of Edward Mcwhinney. Martinus Nijhoff Publishers.
    This volume examines the role and influence of multiculturalism in general theories of international law; in the composition and functioning of international ...
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  40.  3
    Brian Jones (2015). Securing the Rational Foundations of Human Living:” The Pedagogical Nature of Human Law in St. Thomas Aquinas”. New Blackfriars 96 (1065):602-620.
    Every form of government, whether by its action or inaction, encourages certain forms of behavior and discourages others. The moral well being of a society necessitates its consideration of civil law's legitimate role in shaping moral character. In this paper, I will attepmt to argue that the Thomistic account of civil law is not merely negative, but entails a positive pedagogy that seeks to nurture the moral virtue of its citizens, for both the viciously inclined and those who are already (...)
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  41.  4
    I. Goold, L. Skene, J. Herring & K. Greasley (2014). The Human Body as Property? Possession, Control and Commodification. Journal of Medical Ethics 40 (1):1-2.
    In the wake of three high-profile judicial decisions concerning the use of human biological materials, the editors of this collection felt in 2011 that there was a need for detailed scholarly exploration of the ethical and legal implications of these decisions. For centuries, it seemed that in Australia and England and Wales, individuals did not have any proprietary interests in their excised tissue. Others might acquire such interests, but there had been no clear decision on the rights or otherwise (...)
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  42.  4
    Inga Daukšienė (2011). Legal Effect of WTO Dispute Settlement Body Decisions on the European Union Law (article in Lithuanian). Jurisprudence 18 (3):905-920.
    World Trade Organization (WTO) Agreement includes the Annex 2 Dispute Settlement Understanding (DSU) that reveals with WTO dispute settlement rules and procedures. The Dispute Settlement Body (DSB) is hereby established to administer these rules and procedures. The article analyses the problematic issues of the direct effect of the DSB decisions in the European Union (EU) legal order. ECJ concluded that an individual does not have the right to challenge, the incompatibility of Community measures with WTO rules, even if the DSB (...)
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  43.  6
    Hazel Biggs (2010). Healthcare Research Ethics and Law: Regulation, Review and Responsibility. Routledge-Cavendish.
    The book explores and explains the relationship between law and ethics in the context of medically related research in order to provide a practical guide to ...
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  44. Zelman Cowen (1985/1986). Reflections on Medicine, Biotechnology, and the Law. Distributed by the University of Nebraska Press.
     
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  45. Chamundeeswari Kuppuswamy (2009). The International Legal Governance of the Human Genome. Routledge.
    This book explores international governance of the human genome from a human rights perspective and challenges paradigms of property that are entrenched in relevant international instruments.
     
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  46. Thérèse Murphy (ed.) (2009). New Technologies and Human Rights. Oxford University Press.
    The first IVF baby was born in the 1970s. Less than 20 years later, we had cloning and GM food, and information and communication technologies had transformed everyday life. In 2000, the human genome was sequenced. More recently, there has been much discussion of the economic and social benefits of nanotechnology, and synthetic biology has also been generating controversy. This important volume is a timely contribution to increasing calls for regulation - or better regulation - of these and other (...)
     
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  47.  68
    Mark Johnson (2007). The Meaning of the Body: Aesthetics of Human Understanding. University of Chicago Press.
    The belief that the mind and the body are separate and that the mind is the source of all meaning has been a part of Western culture for centuries. Both philosophers and scientists have questioned this dualism, but their efforts have rarely converged. Many philosophers continue to rely on disembodied models of human thought, while scientists tend to reduce the complex process of thinking to a merely physical phenomenon. In The Meaning of the Body , Mark Johnson continues his (...)
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  48.  1
    Michael Sean Pepper & M. Nőthling Slabbert (2015). Human Tissue Legislation in South Africa: Focus on Stem Cell Research and Therapy. South African Journal of Bioethics and Law 8 (2):4.
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  49. Rosamund Scott (2007). Choosing Between Possible Lives: Law and Ethics of Prenatal and Preimplantation Genetic Diagnosis. Hart.
  50.  48
    Oonagh Corrigan (ed.) (2009). The Limits of Consent: A Socio-Ethical Approach to Human Subject Research in Medicine. Oxford University Press.
    Since its inception as an international requirement to protect patients and healthy volunteers taking part in medical research, informed consent has become the primary consideration in research ethics. Despite the ubiquity of consent, however, scholars have begun to question its adequacy for contemporary biomedical research. This book explores this issue, reviewing the application of consent to genetic research, clinical trials, and research involving vulnerable populations. For example, in genetic research, information obtained from an autonomous research participant may have significant bearing (...)
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