Results for 'Medical Law'

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  1.  27
    Teaching Medical Law in Medical Education.Rebecca S. Y. Wong & Usharani Balasingam - 2013 - Journal of Academic Ethics 11 (2):121-138.
    Although the teaching of medical ethics and law in medical education is an old story that has been told many times in medical literature, recent studies show that medical students and physicians lack confidence when faced with ethical dilemmas and medico-legal issues. The adverse events rates and medical lawsuits are on the rise whereas many medical errors are mostly due to negligence or malpractices which are preventable. While it is true that many medical (...)
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  2.  3
    Medical Ethics and Medical Law: A Symbiotic Relationship.José Miola - 2007 - Hart.
    Introduction -- Historical perspectives of medical ethics -- The medical ethics Renaissance: a brief assessment -- Risk disclosure/'informed consent' -- Consent, control and minors: Gillick and beyond -- Sterilisation/best interests: legislation intervenes -- The end of life: total abrogation -- Medical ethics in government-commissioned reports -- Conclusion.
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  3.  15
    Human Rights Reasoning and Medical Law: A Sceptical Essay.Jesse Wall - 2015 - Bioethics 29 (3):162-170.
    I am sceptical as to the contribution that human rights can make to our evaluation of medical law. I will argue here that viewing medical law through a human rights framework provides no greater clarity, insight or focus. If anything, human rights reasoning clouds any bioethical or evaluative analysis. In Section 1 of this article, I outline the general structure of human rights reasoning. I will describe human rights reasoning as reasoning from rights that each person has ‘by (...)
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  4.  28
    The Relationship Between Medical Law and Good Medical Ethics.Emily Jackson - 2015 - Journal of Medical Ethics 41 (1):95-98.
  5. Treat Me Right: Essays in Medical Law and Ethics.Ian Kennedy - 1988 - Clarendon Press.
    Controversial and amusing, this collection of Kennedy's writings illuminates the rights, duties, and liabilities of doctors as well as other aspects of medical law and ethics.
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  6. Medical Law and Ethics.Jonathan Herring - 2008 - Oxford University Press.
    This book provides a clear, concise description of medical law; but it does more than that. It also provides an introduction to the ethical principles that can be used to challenge or support the law. It also provides a range of perspectives from which to analyse the law: feminist, religious and sociological perspectives are all used.
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  7. Medical Law and Ethics.Leanne Bell - 2012 - Pearson.
     
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  8.  29
    The Relationship Between Medical Law and Ethics.J. Miola - 2006 - Clinical Ethics 1 (1):22-25.
    This article seeks to identify a 'problem' in the interaction between medical law and ethics, which is that neither fully appreciates how the other works. In particular, it argues that medical law has not only failed to formulate a consistent conception of the role that medical ethics performs, but it does not adequately differentiate between categories of medical ethics discourse. Consequently, the ethical content of a case, if identified at all, will not be dealt with in (...)
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  9.  45
    Whatever You Want? Beyond the Patient in Medical Law.Richard Huxtable - 2008 - Health Care Analysis 16 (3):288-301.
    Simon Woods proposes that we ought to re-orientate clinical decisions at the end of life back towards the patient, so as to honour his or her account of their “global” interests. Woods condemns the current medico-legal approach for remaining too closely tethered to the views of doctors. In this response, I trace the story of Mrs Kelly Taylor, who sought to be sedated and have life-sustaining treatment withdrawn, and I do so in order to show not only why Woods is (...)
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  10.  11
    Time and Space in Medical Law: Building on Valverde’s Chronotopes of Law.John Harrington - 2015 - Feminist Legal Studies 23 (3):361-367.
  11.  11
    Medical Law and Ethics.Rodney Taylor - 2010 - Human Reproduction and Genetic Ethics 13 (1):37-37.
    This book is a critical, forward-looking, and multidisciplinary text. Its chief aim is to advance understanding of medical law by reference to both moral theory and the rapidly changing context in which medical law must operate. That context includes the impact of market forces and medical tourism, political interests, medical and professional interests, changing perceptions of medicine, developing technologies, limited resources, and the impact of increasingly direct (international and domestic) recognition of human rights.
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  12.  33
    Disability Matters in Medical Law.K. Diesfeld - 2001 - Journal of Medical Ethics 27 (6):388-392.
    The British Parliament stated that health services would be covered by the Disability Discrimination Act 1995 . However, when people with disabilities are at their most vulnerable, for example when in hospital or subject to medical procedures, the antidiscrimination law fails them. A review of cases indicates that when people with disabilities are subject to medical treatment, the legislative protections are allowed to vanish. Instead, medical decisions are justified on obscure notions such as “best interests”, often with (...)
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  13.  1
    Law and Medical Ethics.J. K. Mason - 1999 - Lexisnexis Uk.
    This new edition of Law and Medical Ethics continues to chart the ever-widening field that the topics cover. The interplay between the health caring professions and the public during the period intervening since the last edition has, perhaps, been mainly dominated by wide-ranging changes in the administration of the National Health Service and of the professions themselves but these have been paralleled by important developments in medical jurisprudence.
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  14.  12
    Medical Law for the Attending Physician, a Case-Oriented Analysis.S. Gaskill - 1983 - Journal of Medical Ethics 9 (3):177-178.
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  15.  22
    Medical Law: Text and Materials.A. M. Smith - 1990 - Journal of Medical Ethics 16 (4):220-220.
  16.  32
    Medical Law: Text with Materials.J. V. McHale - 1995 - Journal of Medical Ethics 21 (5):314-315.
  17.  18
    More Than a Woman? Embodiment and Sexual Difference in Medical Law.Keywood Kirsty - 2000 - Feminist Legal Studies 8 (3):319-342.
    This article examines law’s representation of embodied female identity in the context of two medical law cases, R. v. Human Fertilisation and Embryology Authority, ex parte Blood andB v. Croydon Health Authority. Through an examination of contemporary critiques of female embodiment, in particular the work of Judith Butler, two discursive strategies are suggested for their potential to reconfigure the sexed subject within legal discourse. Firstly, the act of transgression – the flight from purportedly fixed subject positions – can be (...)
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  18.  41
    The Conflation of Competence and Capacity in English Medical Law: A Philosophical Critique. [REVIEW]Philip Bielby - 2005 - Medicine, Health Care and Philosophy 8 (3):357-369.
    Ethical and legal discourse pertaining to the ability to consent to treatment and research in England operates within a dualist framework of “competence” and “capacity”. This is confusing, as while there exists in England two possible senses of legal capacity – “first person” legal capacity and “delegable” legal capacity, currently neither is formulated to bear a necessary relationship with decision-making competence. Notwithstanding this, judges and academic commentators frequently invoke competence to consent in discussions involving the validity of offering or withholding (...)
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  19.  32
    Treatment Decisions for Terminally Ill Patients: Physicians?Legal Defensiveness and Knowledge of Medical Law.S. McCrary, Jeffrey W. Swanson, Henry S. Perkins & William J. Winslade - 1992 - Journal of Law, Medicine and Ethics 20 (4):364-376.
  20.  16
    Treatment Decisions for Terminally Ill Patients: Physicians?Legal Defensiveness and Knowledge of Medical Law.S. McCrary, Jeffrey W. Swanson, Henry S. Perkins & William J. Winslade - 1992 - Journal of Law, Medicine and Ethics 20 (4):364-376.
  21.  33
    Medical Ethics and Medical Law: The Russian Experience.Irina Siluyanova - 2011 - Studies in Christian Ethics 24 (4):462-469.
    The correlation between medical ethics and medical law, while seemingly far removed from the context of Eastern Orthodoxy, is in fact of deep theological significance and eschatological prominence and has become increasingly a matter of concern in contemporary Russia. The following study examines different modes of this correlation and their moral implications for the wider society.
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  22.  39
    Evaluation of Nursing Students' Training in Medical Law.Nevin Kuzu Kurban, Halide Savaş, Bengü Çetinkaya, Türkan Turan & Asiye Kartal - 2010 - Nursing Ethics 17 (6):759-768.
    There is no co-ordinated focus on liabilities arising from nurses’ medical interventions in terms of occupational, administrative, civil legal and criminal activities. However, the Turkish Criminal Code, the Turkish Medical Ethics Code of Practice, and guidelines for patients’ rights offer some framework for the relevant ethical principles and responsibilities of nurses. The aim of this study was to investigate the evaluation of nursing students’ training in their legal liabilities. The sample consisted of 309 students who were taking a (...)
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  23.  19
    Introduction to Medical Law: Peter Marquand, Oxford, Butterworth Heinemann, 2000, 125 Pages, Pound15.99 (Pb). [REVIEW]Kate Diesfeld - 2001 - Journal of Medical Ethics 27 (3):209-209.
  24.  7
    Bioethics and Medical Law.Herman Nys & Paul Schotsmans - 1994 - Ethical Perspectives 1 (4):185-207.
    Bioethics has been in existence now for more than twenty years. Much has changed, however, since Van Rensselaer Potter2 first used the term bioethics in 1971. For Potter, bioethics was an applied science with its roots in the biological sciences and its orientation towards the betterment of human life. Today the concept is used in a different context. It has become the name given to the ethical research that has become necessary in light of the new possibilities created by revolutionary (...)
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  25.  13
    Bioethics and Medical Law—An Orientation1.Herman Nys & Paul Schotsmans - 1994 - Ethical Perspectives 1 (1):185.
    Bioethics has been in existence now for more than twenty years. Much has changed, however, since Van Rensselaer Potter2 first used the term bioethics in 1971. For Potter, bioethics was an applied science with its roots in the biological sciences and its orientation towards the betterment of human life. Today the concept is used in a different context. It has become the name given to the ethical research that has become necessary in light of the new possibilities created by revolutionary (...)
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  26.  3
    Medico-Legal Hypothetical: Medical Law Course in Half a Day.Loane Skene - 2000 - Monash Bioethics Review 19 (4):56-68.
    This paper describes a half-day class for 200 first year medical students. It is designed like a conference and is intended to raise students’ awareness of legal issues that arise in everyday practice. It uses the Problem Based Learning approach of event-focus, student-guided learning and student teachers. There are three parts.
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  27. Philosophical Foundations of Medical Law.Carissa Véliz - 2019
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  28.  93
    Medical Ethics and Medical Law: Can You Put It Into Practice?S. Walton - 2010 - Clinical Ethics 5 (3):115-117.
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  29.  61
    Manual for Research Ethics Committees: Centre of Medical Law and Ethics, King's College London.Sue Eckstein (ed.) - 2003 - Cambridge University Press.
    The sixth edition of the Manual for Research Ethics Committees is a unique compilation of legal and ethical guidance which will prove invaluable for members of research ethics committees, researchers involved in research with humans, members of the pharmaceutical industry and students of law, medicine, ethics and philosophy. Presented in a clear and authoritative form, it incorporates the key legal and ethical guidelines and specially written chapters on major topics in bioethics by leading academic authors and practitioners, pharmaceutical industry associations (...)
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  30.  17
    Ethical Judgments: Re-Writing Medical Law.Caterina Milo - 2018 - The New Bioethics 24 (1):99-101.
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  31. Sheile MacLean , Medical Law and Ethics. [REVIEW]Paul Schotsmans - 2004 - Ethical Perspectives 11 (1):94-95.
     
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  32.  27
    Law as Clinical Evidence: A New ConstitutiveModel of Medical Education and Decision-Making.Malcolm Parker, Lindy Willmott, Ben White, Gail Williams & Colleen Cartwright - 2018 - Journal of Bioethical Inquiry 15 (1):101-109.
    Over several decades, ethics and law have been applied to medical education and practice in a way that reflects the continuation during the twentieth century of the strong distinction between facts and values. We explain the development of applied ethics and applied medical law and report selected results that reflect this applied model from an empirical project examining doctors’ decisions on withdrawing/withholding treatment from patients who lack decision-making capacity. The model is critiqued, and an alternative “constitutive” model is (...)
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  33.  7
    First Year Medical Students’ Perceptions Towards Integration of Medical Law in the Medical Curriculum: A Pilot Study.Shuh Shing Lee, Arumugam Kulenthran & Joong Hiong Sim - 2016 - Journal of Academic Ethics 14 (2):169-173.
    Medical law is not new in medical literature and can constitute an imperative component in medical education. Some medical schools include medical law as a compulsory component of the curriculum. In line with curriculum re-structuring at the University of Malaya, medical law was integrated in the medical curriculum and the feasibility of this integration into the Year 1 undergraduate curriculum was evaluated. Following implementation of a 4-week medical law module, an evaluation of (...)
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  34.  8
    The Birth of Medical Law.R. A. Hope - 1991 - Oxford Journal of Legal Studies 11 (2):247-253.
  35.  22
    Challenges of Traditional Bioethical Principles in the Implementation of Contemporary Standards of Medical Law.Hajrija Mujovic-Zornic - 2012 - Filozofija I Društvo 23 (4):71-79.
    The paper focuses on issues of development dimensions of Medical Law and its ongoing process of standardization and harmonization on one hand, versus the traditionally rooted and available principles of biomedical ethics, on the other. The collision of new legal institutes and the spread of human rights protections is evident. This paper follows the theory and practice of medical ethics and medical law. The theoretical aspect points out medical ethics as one of the sources of (...) law. Legal theory makes a distinction between formal and autonomous sources of medical law. Even though ethics is morally much higher, law prevails because it has stronger sanctions and legal power. In its practical aspect, this paper gives examples of different situations of medical decision-making processes. Ethical rules are of the utmost relevance in the domain of confidentiality and options of medical treatment. But, in concrete medical procedures, where legal positions of patients are evidently very significant, law has a more distinct function. Therefore, explaining particular cases from medical malpractice, such as cases of penal, civil or professional liability have an ethical dimension as well. Members of medical professions in Serbia often find these cases unfair. Mostly this is the consequence of ignorance in this kind of medical law and ethics relations. A discussion about practical cases has in that sense a self-learning component, which could be developed to strengthen ethical reasoning and judgment. Clanak stavlja naglasak na razvojnu dimenziju medicinskog prava i pitanja u kojoj meri njegova standardizacija i harmonizacija, na jednoj strani, uticu na primenu tradicionalno ukorenjenih vazecih principa biomedicinske etike, na drugoj. Teorijski aspekt clanka upucuje na medicinsku etiku kao jedan od izvora medicinskog prava koji se smatra autonomnim izvorom. Iako je etika na visoj lestvici, pravo preteze jer ima pravnu snagu element prinude i jacu sankciju za postupanje protivno pravilima. U svom prakticnom aspektu ovaj clanak stavlja naglasak na razlicite situacije pri donosenju medicinskih odluka, gde pravni polozaj onog ko se leci postaje veoma bitan, a pravo tu ima striktno odredjenu funkciju zastite. Zbog toga, objasnjenje posebnih slucajeva pogresne medicinske prakse ima svoj eticki, ali pre svega pravni znacaj, kakvi su slucajevi procesuiranja krivicne, imovinske i staleske odgovornosti. Pripadnici medicinskih profesija u Srbiji cesto smatraju sudske postupke protiv sebe nepravednim. Vecinom je to posledica upravo nepoznavanja odnosa normi medicinskog prava i etickih pravila. Razmatranje slucajeva iz prakse ima i svoju edukativnu komponentu koja na taj nacin unapredjuje eticko promisljanje i osnazuje pravno odlucivanje. (shrink)
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  36. Medical Ethics Today: The Bmas Handbook of Ethics and Law.Veronica English, Ann Sommerville & Sophie Brannan (eds.) - 2012 - Wiley-Blackwell.
    The doctor-patient relationship -- Consent, choice, and refusal : adults with capacity -- Treating adults who lack capacity -- Children and young people -- Confidentiality -- Health records -- Contraception, abortion, and birth -- Assisted reproduction -- Genetics -- Caring for patients at the end of life -- Euthanasia and physician assisted suicide -- Responsibilities after a patient's death -- Prescribing and administering medication -- Research and innovative treatment -- Emergency situations -- Doctors with dual obligations -- Providing treatment and (...)
     
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  37.  28
    Ethics, Law, and Medical Practice.Kerry J. Breen - 1997 - Allen & Unwin.
    Comprehensive and practical handbook on ethical and legal issues affectingGpsand other practitioners.
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  38. Development and Validation of an Instrument to Measure Physician Awareness of Bioethics and Medical Law in Oman.Abdullah S. Al-Mujaini, Mohammed Al-Alawi, Nadiya S. Al-Kharousi, Nusaiba A. Al-Mawali, Maryam K. Al-Rawahi, Yahya M. Al-Farsi, Samir Al-Adawi, Anuradha Ganesh & Ahmed S. Al-Busaidi - 2021 - BMC Medical Ethics 22 (1):1-11.
    BackgroundA different ethos with respect to the perception of medical ethics prevails in societies in transition such as those in the Arabian Peninsula, which makes it difficult to apply international principles of bioethics in medical practice. This study aimed to develop and psychometrically test an instrument that measures physicians’ awareness of bioethics and medical law and their attitudes towards the practice of medical ethics. Additionally, it examined physician correlates influencing the awareness of bioethics.MethodsFollowing a rigorous review (...)
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  39.  30
    Making Medical Spending Decisions: The Law, Ethics, and Economics of Rationing Mechanisms.Mark A. Hall - 1997 - Oxford University Press.
    This book explores the making of health care rationing decisions through the analysis of three alternative decision makers: patients paying out of pocket; officials setting limits on treatments and coverage; and physicians at the bedside. Hall develops this analysis along three dimensions: political economics, ethics, and law. The economic dimension addresses the practical feasibility of each method. The ethical dimension discusses the moral aspects of these methods, while the legal dimension traces the most recent developments in jurisprudence and health law.
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  40. The Current State of Medical School Education in Bioethics, Health Law, and Health Economics.Govind C. Persad, Linden Elder, Laura Sedig, Leonardo Flores & Ezekiel J. Emanuel - 2008 - Journal of Law, Medicine and Ethics 36 (1):89-94.
    Current challenges in medical practice, research, and administration demand physicians who are familiar with bioethics, health law, and health economics. Curriculum directors at American Association of Medical Colleges-affiliated medical schools were sent confidential surveys requesting the number of required hours of the above subjects and the years in which they were taught, as well as instructor names. The number of relevant publications since 1990 for each named instructor was assessed by a PubMed search.In sum, teaching in all (...)
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  41.  40
    The Medical Exception: Physicians, Euthanasia and the Dutch Criminal Law.Jos V. M. Welie - 1992 - Journal of Medicine and Philosophy 17 (4):419-437.
    The legalization of euthanasia, both in the Netherlands and in other countries is usually justified in reference to the right to autonomy of patients. Utilizing recent Dutch jurisprudence, this article intends to show that the judicial proceedings on euthanasia in the Netherlands have not so much enhanced the autonomy of patients, as the autonomy of the medical profession. Keywords: allowing to die, criminal law, euthanasia, law enforcement, legal aspects, legislation, medical ethics, medical profession, self determination, the Netherlands, (...)
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  42. Teaching and Learning Ethics: Medical Ethics and Law for Doctors of Tomorrow: The 1998 Consensus Statement Updated.G. M. Stirrat, C. Johnston, R. Gillon & K. Boyd - 2010 - Journal of Medical Ethics 36 (1):55-60.
    Knowledge of the ethical and legal basis of medicine is as essential to clinical practice as an understanding of basic medical sciences. In the UK, the General Medical Council requires that medical graduates behave according to ethical and legal principles and must know about and comply with the GMC’s ethical guidance and standards. We suggest that these standards can only be achieved when the teaching and learning of medical ethics, law and professionalism are fundamental to, and (...)
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  43.  25
    The Law and Ethics of Medical Research: International Bioethics and Human Rights.Aurora Plomer - 2005 - 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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  44.  25
    Medicalization, Demedicalization and Beyond: Antisocial Behaviour and the Case of the Dutch Youth Law.Dorothee Horstkötter, Wybo Dondorp & Guido de Wert - 2015 - Public Health Ethics 8 (3):284-294.
    Youth antisocial behaviour is frequently considered to be displayed by children and adolescents who suffer from behavioural disorders. Consequently, attempts to reduce ASB have increasingly comprised mental health interventions. Moreover, early signalling of children at risk and early prevention of behavioural problems are regarded as crucial remedies. Critical investigations of these developments, however, are in particular concerned with the consequent medicalization of society and the behaviour exhibited by infants, children and adolescents. Consequently, the new Dutch youth law even refers to (...)
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  45.  2
    Choosing Life, Choosing Death: The Tyranny of Autonomy in Medical Ethics and Law.Charles Foster - 2009 - Hart.
    Autonomy is a vital principle in medical law and ethics. It occupies a prominent place in all medico-legal and ethical debate. But there is a dangerous presumption that it should have the only vote, or at least the casting vote. This book is an assault on that presumption, and an audit of autonomy's extraordinary status. This book surveys the main issues in medical law, noting in relation to each issue the power wielded by autonomy, asking whether that power (...)
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  46.  15
    The Law Most Beautiful and Best: Medical Argument and Magical Rhetoric in Plato's Laws.Randall Baldwin Clark - 2003 - Lexington Books.
    The Law Most Beautiful and Best is a thoughtful and creative examination of the role irrational rhetoric ought to play in persuading citizens to voluntarily obey laws. Author Randall Baldwin Clark explores the figure of the physician in Plato's Laws to address this question, identifying the subtle ways in which Plato uses the physician's role in healing as a metaphor for the task of governance and arguing that Plato hints that rational discourse may ultimately be inadequate as a persuasive technique.
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  47.  23
    Why I Wrote ... Medical Ethics and Medical Law - A Symbiotic Relationship.José Miola - 2011 - Clinical Ethics 6 (1):52-54.
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  48. Property in the Body and Medical Law.Donna Dickenson - 2019 - In Andelka Phillips (ed.), Philosophical Foundations of Medical Law. Oxford: Oxford University Press.
    In common law, the traditional rule has been that there is no property in excised human tissue. In an era of widespread commodification of tissue, however, the practical reasons behind this position are increasingly outdated, while the philosophical grounds are paradoxical. This no-property rule has been construed so as to deprive tissue providers of ongoing rights, whereas researchers, universities, and biotechnology companies are prone to assume that once they acquire proprietary rights, those rights are complete and undifferentiated. That position can (...)
     
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  49.  21
    Teaching Law in Medical Schools: First, Reflect.Amy T. Campbell - 2012 - Journal of Law, Medicine and Ethics 40 (2):301-310.
    Law is now routinely included in the medical school curriculum, often incorporated into bioethics and/or practice of medicine coursework. There seems to lack, however, a systematic understanding of what works in terms of getting across an effective depth and breadth of legal knowledge for medical students — or what such would even look like. Moreover, and more critically, while some literature addresses these what, when, how, and who questions, a more fundamental question is left unanswered: why teach law (...)
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  50.  22
    Prenatal Diagnosis and Female Abortion: A Case Study in Medical Law and Ethics.B. M. Dickens - 1986 - Journal of Medical Ethics 12 (3):143-150.
    Alarm over the prospect that prenatal diagnostic techniques, which permit identification of fetal sex and facilitate abortion of healthy but unwanted female fetuses has led some to urge their outright prohibition. This article argues against that response. Prenatal diagnosis permits timely action to preserve and enhance the life and health of fetuses otherwise endangered, and, by offering assurance of fetal normality, may often encourage continuation of pregnancies otherwise vulnerable to termination. Further, conditions in some societies may sometimes render excusable the (...)
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