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Charles Foster [39]Charles R. Foster [2]
  1. Human Dignity in Bioethics and Law.Charles Foster - 2015 - Journal of Medical Ethics 41 (12):935-935.
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  2.  18
    It is Never Lawful or Ethical to Withdraw Life-Sustaining Treatment From Patients with Prolonged Disorders of Consciousness.Charles Foster - 2019 - Journal of Medical Ethics 45 (4):265-270.
    In English law there is a strong presumption that life should be maintained. This article contends that this presumption means that it is always unlawful to withdraw life-sustaining treatment from patients in permanent vegetative state and minimally conscious state, and that the reasons for this being the correct legal analysis mean also that such withdrawal will always be ethically unacceptable. There are two reasons for this conclusion. First, the medical uncertainties inherent in the definition and diagnosis of PVS/MCS are such (...)
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  3.  42
    The Rebirth of Medical Paternalism: An NHS Trust V Y.Charles Foster - 2019 - Journal of Medical Ethics 45 (1):3-7.
    Over the last quarter of a century, English medical law has taken an increasingly firm stand against medical paternalism. This is exemplified by cases such as Bolitho v City and Hackney Health Authority, Chester v Afshar, and Montgomery v Lanarkshire Health Board. In relation to decision-making on behalf of incapacitous adults, the actuating principle of the Mental Capacity Act 2005 is respect for patient autonomy. The only lawful acts in relation to an incapacitous person are acts which are in the (...)
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  4.  4
    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 can be (...)
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  5.  6
    Doctors Should Be Morally Common: A Reply to Rosamond Rhodes.Charles Foster - 2019 - Journal of Medical Ethics 45 (12):784-785.
    ​Rosamond Rhodes contends, by reference to seven examples, that medical ethics is distinctly different from non-medical ethics. Each of those examples, on proper examination, illustrates precisely the opposite contention. It is clear not only that medical ethics relies on the same principles as non-medical ethics, but that it should so rely. A distinctively medical ethics would be dangerous: it would divorce ethical medical decision-making from the patients whom medicine exists to serve.
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  6.  35
    Please Don’T Tell Me.Jonathan Herring & Charles Foster - 2012 - Cambridge Quarterly of Healthcare Ethics 21 (1):20.
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  7.  37
    Please Don’T Tell Me.Jonathan Herring & Charles Foster - 2012 - Cambridge Quarterly of Healthcare Ethics 21 (1):20-29.
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  8.  6
    Kious and Battin’s Dilemma Resolved: Outlaw Physician Aid-in-Dying.Charles Foster - 2019 - American Journal of Bioethics 19 (10):50-51.
    Volume 19, Issue 10, October 2019, Page 50-51.
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  9.  35
    Dignity and the Ownership and Use of Body Parts.Charles Foster - 2014 - Cambridge Quarterly of Healthcare Ethics 23 (4):417-430.
    Property-based models of the ownership of body parts are common. They are inadequate. They fail to deal satisfactorily with many important problems, and even when they do work, they rely on ideas that have to be derived from deeper, usually unacknowledged principles. This article proposes that the parent principle is always human dignity, and that one will get more satisfactory answers if one interrogates the older, wiser parent instead of the younger, callow offspring. But human dignity has a credibility problem. (...)
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  10.  11
    Withdrawing Treatment From Patients with Prolonged Disorders of Consciousness: The Presumption in Favour of the Maintenance of Life is Legally Robust.Charles Foster - 2021 - Journal of Medical Ethics 47 (2):119-120.
    The question a judge has to ask in deciding whether or not life-sustaining treatment should be withdrawn is whether the continued treatment is lawful. It will be lawful if it is in the patient’s best interests. Identifying this question gives no guidance about how to approach the assessment of best interests. It merely identifies the judge’s job. The presumption in favour of the maintenance of life is part of the job that follows the identification of the question.The presumption is best (...)
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  11.  22
    Don't Throw Out the Baby of Autonomy: Talk to the Mother Instead.Charles Foster - 2016 - American Journal of Bioethics 16 (2):57-59.
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  12.  8
    Human Dignity: Be Philosophical and European, but Not Scottish.Charles Foster - 2019 - Cambridge Quarterly of Healthcare Ethics 28 (3):534-541.
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  13.  5
    Deal with the Real, Not the Notional Patient, and Don’T Ignore Important Uncertainties.Charles Foster - 2019 - Journal of Medical Ethics 45 (12):800-801.
    There is a strong presumption in favour of the maintenance of life. Given sufficient evidence, it can be rebutted. But the epistemic uncertainties about the best interests of patients in prolonged disorders of consciousness and the wishes that they should be presumed to have are such that, in most PDOC cases, the presumption cannot be rebutted. It is conventional and wrong to assume that PDOC patients have no interest in continued existence. Treatment withdrawal/continuation decisions should focus on the patient as (...)
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  14.  27
    Identity, Personhood and the Law: Charles Foster and Jonathan Herring. Springer, 2017: ISBN 978-3-319-53458-9: 70 Pp. [REVIEW]Charles Foster & Jonathan Herring - 2018 - Journal of Medical Ethics 44 (1):00-00.
    The law tends to think that there is no difficulty about identifying humans. When someone is born, her name is entered into a statutory register. She is ‘X’ in the eyes of the law. At some point, ‘X’ will die and her name will be recorded in another register. If anyone suggested that the second X was not the same as the first, the suggestion would be met with bewilderment. During X's lifetime, the civil law assumed that the X who (...)
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  15.  15
    Harm: As Indeterminate as ‘Best Interests’, but Useful for Triage.Charles Foster - 2016 - Journal of Medical Ethics 42 (2):121-122.
  16.  18
    Identity, Personhood and the Law: A Response to Ashcroft and McGee.Charles Foster & Jonathan Herring - 2018 - Journal of Medical Ethics 44 (1):73-74.
    We are very grateful to Richard Ashcroft1 and Andrew McGee2 for their thoughtful and articulate criticisms of our views.3 Ashcroft has disappointingly low aspirations for the law. Of course he is right to say that the law is not a ‘self-sufficient, integrated and self-interpreting system of doctrine’. The law is often philosophically incoherent and internally contradictory. But it does not follow from this that all areas of the law are philosophically unsatisfactory. And if that were true, the response should not (...)
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  17.  44
    The Double Effect Effect.Charles Foster, Jonathan Herring, Karen Melham & Tony Hope - 2011 - Cambridge Quarterly of Healthcare Ethics 20 (1):56-72.
    The “doctrine of double effect” has a pleasing ring to it. It is regarded by some as the cornerstone of any sound approach to end-of-life issues and by others as religious mumbo jumbo. Discussions about “the doctrine” often generate more heat than light. They are often conducted at cross-purposes and laced with footnotes from Leviticus.
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  18.  21
    Testing the Limits of the ‘Joint Account’ Model of Genetic Information: A Legal Thought Experiment.Charles Foster, Jonathan Herring & Magnus Boyd - 2015 - Journal of Medical Ethics 41 (5):379-382.
  19.  13
    Suicide Tourism May Change Attitudes to Assisted Suicide, but Not Through the Courts.Charles Foster - 2015 - Journal of Medical Ethics 41 (8):620-620.
  20.  3
    To Be Coherently Beneficient, Be Communitarian.Charles Foster - 2020 - American Journal of Bioethics 20 (3):77-79.
    Volume 20, Issue 3, March 2020, Page 77-79.
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  21.  15
    Dignity and the Use of Body Parts.Charles Foster - 2014 - Journal of Medical Ethics 40 (1):44-47.
    This paper contends that the conventional ethical and legal ways of analysing the wrong involved in the misuse of human body parts are inadequate, and should be replaced with an analysis based on human dignity. It examines the various ways in which dignity has been understood, outlines many of the criticisms made of those ways , and proposes a new way of seeing dignity which is exegetically consonant with the way in which dignity has been historically understood, and yet avoids (...)
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  22.  16
    Aboriginal Health Care: The Seven Grandfathers Trump the Four Principles.Charles Foster - 2016 - American Journal of Bioethics 16 (5):54-56.
  23.  6
    Are We Smart Enough to Know How Smart Animals Are? By Frans de Waal.Charles Foster - 2018 - Common Knowledge 24 (2):325-326.
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  24. Book Review: Reshaping Religious Education: Conversations on Contemporary PracticeReshaping Religious Education: Conversations on Contemporary Practice, byHarrisMaria and MoranGabriel. Westminster John Knox, Louisville, 1998. 202pp. $18.00. ISBN 0-664-25783-6. [REVIEW]Charles R. Foster - 1999 - Interpretation: A Journal of Bible and Theology 53 (2):217-218.
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  25. Depression: Law and Ethics.Charles Foster & Jonathan Herring (eds.) - 2017 - Oxford University Press.
    If the law is to regulate the lives of those who suffer from depression, it is vital that lawyers understand the condition. This edited collection outlines the questions that arise from cases of depression by drawing together viewpoints from lawyers, philosophers, clinicians, and first-hand accounts from sufferers.
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  26.  23
    Human Dignity: A Response to Camosy and Huxtable.Charles Foster - 2015 - Journal of Medical Ethics 41 (12):940-941.
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  27.  40
    Intention and Foresight—From Ethics to Law and Back Again.Charles Foster, Jonathan Herring, Karen Melham & Tony Hope - 2013 - Cambridge Quarterly of Healthcare Ethics 22 (1):86-91.
  28.  18
    Intention and Foresight—From Ethics to Law and Back Again - A Reply to McGee.Charles Foster, Jonathan Herring, Karen Melham & Tony Hope - 2013 - Cambridge Quarterly of Healthcare Ethics 22 (1):86-91.
  29.  26
    If You Ask the Wrong Question, You'll Get the Wrong Answer.Charles Foster - 2013 - Journal of Medical Ethics 39 (9):578-578.
    There are two main and several subsidiary difficulties with this paper.1The first main problem is that the authors, in calling for a revolution in the way that withdrawal of treatment cases are dealt with, fail to recognise that their desired revolutionary utopia is the ordinary workaday world of the law courts.The English law in relation to the administration of treatment to children, and the withdrawal of treatment from them, is straightforward: the only lawful treatment is that which is in the (...)
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  30.  14
    Misrepresentations About Palliative Options and Prognosis in Motor Neurone Disease: Some Legal Considerations.Charles Foster - 2005 - Journal of Evaluation in Clinical Practice 11 (1):21-25.
  31. The Elephant in the (Board) Room: The Role of Contract Research Organizations in International Clinical Research.Charles Foster & Aisha Y. Malik - 2012 - American Journal of Bioethics 12 (11):49-50.
    Multinational companies commonly and increasingly undertake their research in low and middle-income countries through commercial clinical research organizations (CROs). The involvement of these scientific middle men complicates the application of the theories of justice. We examine those complexities, and conclude that while the difficulties are not immune to analysis in terms of these theories, the theories have to be deployed in new ways in order to be useful in the new commercial world.
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  32.  21
    The Ethics of Non-Consensual HIV Testing Are Not Substantively Different From the Ethics of Overriding the Right Not to Know a Test Result.Charles Foster - 2016 - Journal of Medical Ethics 42 (2):106-107.
  33.  17
    What a Fish Knows: The Inner Lives of Our Underwater Cousins by Jonathan Balcombe.Charles Foster - 2018 - Common Knowledge 24 (2):315-316.
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  34.  6
    What’s So Great About Consciousness?Charles Foster - 2021 - American Journal of Bioethics Neuroscience 12 (2-3):140-142.
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  35.  13
    One Hundred Years of Science Teaching in Great Britain.Charles Foster - 1937 - Annals of Science 2 (3):335-344.
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