Results for 'Hindu law'

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  1. British International Law Cases a Collection of Decisions of Courts in the British Isles on Points of International Law. --.Clive Parry, J. A. Hopkins, International Law Fund & British Institute of International and Comparative Law - 1963 - Stevens.
     
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  2.  13
    A Realist View of Hindu Law.Donald R. Davis - 2006 - Ratio Juris 19 (3):287-313.
    . Hindu law represents one of the least known, yet most sophisticated traditions of legal theory and jurisprudence in world history. Hindu jurisprudential texts contain elaborate and careful philosophical reflections on the nature of law and religion. The nature of Hindu law as a tradition has been subject to some debate and some misunderstanding both within and especially outside of specialist circles. The present essay utilizes the familiar framework of legal realism to describe the fundamental concepts of (...)
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  3.  14
    Recovering the Indigenous Legal Traditions of India: Classical Hindu Law in Practice in Late Medieval Kerala. [REVIEW]Donald R. Davis - 1999 - Journal of Indian Philosophy 27 (3):159-213.
    The collection of Malayalam records entitled Vanjeri Grandhavari, taken from the archives of an important Namputiri Brahmin family and the temple under its leadership, provides some long-awaited information regarding a wide range of legal activities in late medieval Kerala. The organization of law and the jurisprudence represented by these records bear an unmistakable similarity to legal ideas found in dharmastra texts. A thorough comparison of the records and relevant dharma texts shows that landholding Namputiri Brahmins, who possessed enormous political and (...)
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  4.  3
    Can a Murderer Inherit His Victim's Estate? British Responses to Troublesome Questions in Hindu Law.Ludo Rocher - 1987 - Journal of the American Oriental Society 107 (1):1-10.
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  5. Jimutavahana's Dayabhaga: The Hindu Law of Inheritance in Bengal.Horst Brinkhaus & Ludo Rocher - 2003 - Journal of the American Oriental Society 123 (4):907.
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  6. The Divyatattva of Raghunandana Bhaṭṭācārya: Ordeals in Classical Hindu LawThe Divyatattva of Raghunandana Bhattacarya: Ordeals in Classical Hindu Law.Walter Harding Maurer & Richard W. Lariviere - 1985 - Journal of the American Oriental Society 105 (2):379.
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  7. A Critique of Modern Hindu Law.Ludo Rocher & J. Duncan M. Derrett - 1974 - Journal of the American Oriental Society 94 (4):488.
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  8. Essays in Classical and Modern Hindu Law.Ludo Rocher & J. Duncan M. Derrett - 1977 - Journal of the American Oriental Society 97 (3):367.
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  9. Essays in Classical and Modern Hindu Law Volume Four: Current Problems and the Legacy of the Pasi.Ludo Rocher & J. Duncan M. Derrett - 1981 - Journal of the American Oriental Society 101 (4):463.
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  10. The Concept of Theft in Classical Hindu Law.R. K. Sharma & Chanchal Bhattacharya - 1992 - Journal of the American Oriental Society 112 (1):168.
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  11. Introduction to Modern Hindu Law.Ludwik Sternbach & J. Duncan M. Derrett - 1966 - Journal of the American Oriental Society 86 (2):218.
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  12.  9
    Book Review: Flavia Agnes, Sudhir Chandra and Monmayee Basu (Eds.), Women and Law in India–An Omnibus Comprising Flavia Agnes, Law and Gender Inequality, Sudhir Chandra, Enslaved Daughters and Monmayee Basu, Hindu Women and Marriage Law, New Delhi: OUP, 2004, 766 Pp.,£ 26.95, ISBN: 0 19 5667670. [REVIEW]Reena Patel - 2005 - Feminist Legal Studies 13 (2):259-261.
  13.  39
    The Theory of Property, Law, and Social Order in Hindu Political Philosophy.Benoy Kumar Sarkar - 1920 - International Journal of Ethics 30 (3):311-325.
  14. The Theory of Property, Law, and Social Order in Hindu Political Philosophy.Benoy Kumar Sarkar - 1919 - Ethics 30 (3):311.
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  15. The Theory of Property, Law, and Social Order in Hindu Political Philosophy.Benoy Kumar Sarkar - 1920 - International Journal of Ethics 30 (3):311-325.
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  16. Sanātan Dharma and Law: Based on an Extempore Speech.Kunja Bihari Panda - 1977 - [S.N.].
     
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  17. The General Principles of Hindu Jurisprudence.Priyanath Sen - 1980 - Saraswat Library.
     
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  18. Beiträge Zu Indischem Rechtsdenken.J. Duncan M. Derrett, Graham Smith & Günther-Dietz Sontheimer - 1979
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  19. Dharmaśāstra and Human Rights.Ujjwala Panse (ed.) - 2011 - New Bharatiya Book.
     
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  20. Ancient Indian Legal Philosophy: Its Relevance to Contemporary Jurisprudential Thought.S. K. Purohit - 1994 - Deep & Deep Publications.
     
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  21.  6
    The Sexual Subaltern in Conversations “Somewhere in Between”: Law and the Old Politics of Colonialism. [REVIEW]Jane Krishnadas - 2006 - Feminist Legal Studies 14 (1):53-77.
    Ratna Kapur’s recent book entitled Erotic Justice proposes a new politics of postcolonialism whereby the sexual subaltern disrupts the normative principles of the universal, liberal, legal domain. Kapur traces legal strategies regarding censorship, sex-work, homosexuality, sexual harassment, trafficking and migration which travel a treacherous path, countering allegations of ‘unIndian’ and Western practice with cultural histories of ‘authentic’ sexual legitimacies, towards a new politics of desire. Kapur frames her analysis through postcolonial feminist theory as providing a tool for feminist struggle, yet (...)
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  22.  10
    "Hindu" Bioethics?Deepak Sarma - 2008 - Journal of Law, Medicine & Ethics 36 (1):51-58.
    The author offers a commentary on the question, “Are there Hindu bioethics?” After deconstructing the term “Hindu,” the author shows that there are indeed no Hindu bioethics. He shows that from a classical and Brahminical perspective, medicine is an inappropriate and impure profession.
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  23.  32
    Rules of Untouchability in Ancient and Medieval Law Books: Householders, Competence, and Inauspiciousness. [REVIEW]Mikael Aktor - 2002 - International Journal of Hindu Studies 6 (3):243-274.
  24.  5
    Virtue and Happiness in the Law Book of Manu.Ariel Glucklich - 2011 - International Journal of Hindu Studies 15 (2):165-190.
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    What's in a List?: A Rule of Interpretation for Hindu Dharma Offered in Response to Maria Hibbets.Ariel Glucklich - 1999 - Journal of Religious Ethics 27 (3):463 - 469.
    The study of South Asian ethics presents a variety of problems for the comparative ethicist. This response focuses on one such problem relating to Hinduism: the pervasive use of nonsystematic lists as a source of ethical injunctions and guidelines. The author demonstrates how an indigenous hermeneutic may unpack a list that contains the gift of fearlessness among other gifts. The source of this interpretation is Pūrva Mīmāṃsā, an ancient Indian school of philosophy that specialized in language and the application of (...)
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    What's in a List?:A Rule of Interpretation for Hindu Dharma Offered in Response to Maria Hibbets.Ariel Glucklich - 1999 - Journal of Religious Ethics 27 (3):463-469.
    The study of South Asian ethics presents a variety of problems for the comparative ethicist. This response focuses on one such problem relating to Hinduism: the pervasive use of nonsystematic lists as a source of ethical injunctions and guidelines. The author demonstrates how an indigenous hermeneutic may unpack a list that contains the gift of fearlessness among other gifts. The source of this interpretation is Pūrva Mīmāṃsā, an ancient Indian school of philosophy that specialized in language and the application of (...)
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  27.  1
    "Hindu" Bioethics?Deepak Sarma - 2008 - Journal of Law, Medicine and Ethics 36 (1):51-58.
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  28. The Concept of Law.H. L. A. Hart - 1961 - Oxford University Press.
    The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher (...)
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  29. Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law.Allen E. Buchanan - 2004 - Oxford University Press.
    This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace among states, (...)
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  30.  73
    Autonomous Weapons and the Nature of Law and Morality: How Rule-of-Law-Values Require Automation of the Rule of Law.Duncan MacIntosh - 2016 - Temple International and Comparative Law Journal 30 (1):99-117.
    While Autonomous Weapons Systems have obvious military advantages, there are prima facie moral objections to using them. By way of general reply to these objections, I point out similarities between the structure of law and morality on the one hand and of automata on the other. I argue that these, plus the fact that automata can be designed to lack the biases and other failings of humans, require us to automate the formulation, administration, and enforcement of law as much as (...)
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  31. 20th-Century Bulgarian Philosophy of Law: From Critical Acceptance of Kant’s Ideas to the Logic of Legal Reasoning.Vihren Bouzov - 2016 - In Enrico Pattaro & C. Roversi (eds.), A Treatise of Legal Philosophy and General Jurisprudence. V.12 (1), Legal Philosophy in the Twentieth Century: The Civil Law World. pp. 681-690.
    My analysis here is an attempt to bring out the main through-line in the development of Bulgarian philosophy of law today. A proper account of Bulgarian philosophy of law in the 20th century requires an attempt to find, on the one hand, a solution to epistemological and methodological problems in law and, on the other, a clear-cut influence of the Kantian critical tradition. Bulgarian philosophy of law follows a complicated path, ranging from acceptance and revision of Kantian philosophy to the (...)
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  32. Mistake of Law and Sexual Assault: Consent and Mens Rea.Lucinda Vandervort - 1987-1988 - Canadian Journal of Women and the Law 2 (2):233-309.
    In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather than (...)
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  33. What is Tort Law For? Part 1. The Place of Corrective Justice.John Gardner - 2011 - Law and Philosophy 30 (1):1-50.
    In this paper I discuss the proposal that the law of torts exists to do justice, more specifically corrective justice, between the parties to a tort case. My aims include clarifying the proposal and defending it against some objections (as well as saving it from some defences that it could do without). Gradually the paper turns to a discussion of the rationale for doing corrective justice. I defend what I call the ‘continuity thesis’ according to which at least part of (...)
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  34.  12
    Law and Morality at War.Adil Ahmad Haque - 2014 - Criminal Law and Philosophy 8 (1):79-97.
    Through a critical engagement with Jeremy Waldron’s work, as well as the work of other writers, I offer an account of the relative scope of the morality of war, the laws of war, and war crimes. I propose an instrumentalist account of the laws of war, according to which the laws of war should help soldiers conform to the morality of war. The instrumentalist account supports Waldron’s conclusion that the laws of war justifiably prohibit attacks on civilians even if it (...)
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  35.  83
    Law and Disagreement.Jeremy Waldron - 1998 - Oxford University Press.
    Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.
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  36. The Morality and Law of War.Seth Lazar - 2012 - In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. Routledge. pp. 364.
    The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s elegantly unified defense of combatant legal equality and noncombatant immunity has been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by casting it (...)
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  37. The Oxford Handbook of Jurisprudence and Philosophy of Law.Jules L. Coleman & Scott Shapiro (eds.) - 2002 - Oxford University Press.
    One of the first volumes in the new series of prestigious Oxford Handbooks, The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-seven of the foremost legal theorists currently writing, to provide a state of the art overview of jurisprudential scholarship. Each author presents an account of the contending views and scholarly debates animating their field of enquiry as well as setting the agenda for further study. This landmark publication will be essential reading for (...)
     
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  38. The Binding Force of Nascent Norms of International Law.Anthony Reeves - 2014 - Canadian Journal of Law and Jurisprudence 28 (1):145-166.
    Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms of (...)
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  39.  73
    Act and Crime: The Philosophy of Action and its Implications for Criminal Law.Michael S. Moore - 1993 - Oxford University Press.
    This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions are the "same" (...)
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  40. Reason-Giving and the Law.David Enoch - 2011 - In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. Oxford University Press.
    A spectre is haunting legal positivists – and perhaps jurisprudes more generally – the spectre of the normativity of law. Whatever else law is, it is sometimes said, it is normative, and so whatever else a philosophical account of law accounts for, it should account for the normativity of law[1]. But law is at least partially a social matter, its content at least partially determined by social practices. And how can something social and descriptive in this down-to-earth kind of way (...)
     
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  41.  47
    Naturalism in Epistemology and the Philosophy of Law.Mark Greenberg - 2011 - Law and Philosophy 30 (4):419-451.
    In this paper, I challenge an influential understanding of naturalization according to which work on traditional problems in the philosophy of law should be replaced with sociological or psychological explanations of how judges decide cases. W.V. Quine famously proposed the ‘naturalization of epistemology’. In a prominent series of papers and a book, Brian Leiter has raised the intriguing idea that Quine’s naturalization of epistemology is a useful model for philosophy of law. I examine Quine’s naturalization of epistemology and Leiter’s suggested (...)
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  42. Defending the Criminal Law: Reflections on the Changing Character of Crime, Procedure, and Sanctions.Andrew Ashworth & Lucia Zedner - 2008 - Criminal Law and Philosophy 2 (1):21-51.
    Recent years have seen mounting challenge to the model of the criminal trial on the grounds it is not cost-effective, not preventive, not necessary, not appropriate, or not effective. These challenges have led to changes in the scope of the criminal law, in criminal procedure, and in the nature and use of criminal trials. These changes include greater use of diversion, of fixed penalties, of summary trials, of hybrid civil–criminal processes, of strict liability, of incentives to plead guilty, and of (...)
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  43.  26
    A History of AI and Law in 50 Papers: 25 Years of the International Conference on AI and Law. [REVIEW]Trevor Bench-Capon, Michał Araszkiewicz, Kevin Ashley, Katie Atkinson, Floris Bex, Filipe Borges, Daniele Bourcier, Paul Bourgine, Jack G. Conrad, Enrico Francesconi, Thomas F. Gordon, Guido Governatori, Jochen L. Leidner, David D. Lewis, Ronald P. Loui, L. Thorne McCarty, Henry Prakken, Frank Schilder, Erich Schweighofer, Paul Thompson, Alex Tyrrell, Bart Verheij, Douglas N. Walton & Adam Z. Wyner - 2012 - Artificial Intelligence and Law 20 (3):215-319.
    We provide a retrospective of 25 years of the International Conference on AI and Law, which was first held in 1987. Fifty papers have been selected from the thirteen conferences and each of them is described in a short subsection individually written by one of the 24 authors. These subsections attempt to place the paper discussed in the context of the development of AI and Law, while often offering some personal reactions and reflections. As a whole, the subsections build into (...)
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  44.  67
    Irreconcilable Differences? The Troubled Marriage of Science and Law.Susan Haack - 2009 - Law and Contemporary Problems 72 (1).
    Because its business is to resolve disputed issues, the law very often calls on those fields of science where the pressure of commercial interests is most severe. Because the legal system aspires to handle disputes promptly, the scientific questions to which it seeks answers will often be those for which all the evidence is not yet in. Because of its case-specificity, the legal system often demands answers of a kind science is not well-equipped to supply; and, for related reasons, constitutes (...)
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  45. Affirmative Sexual Consent in Canadian Law, Jurisprudence, and Legal Theory.Lucinda Vandervort - 2012 - Columbia Journal of Gender and Law 23 (2):395-442.
    This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...)
     
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  46. Law's Authority is Not a Claim to Preemption.Kenneth M. Ehrenberg - 2013 - In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. Oxford University Press. pp. 51.
    Joseph Raz argues that legal authority includes a claim by the law to replace subjects’ contrary reasons. I reply that this cannot be squared with the existence of choice-of-evils defenses to criminal prosecutions, nor with the view that the law has gaps (which Raz shares). If the function of authority is to get individuals to comply better with reason than they would do if left to their own devices, it would not make sense for law to claim both to pre-empt (...)
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    Double Effect and the Criminal Law.Alexander Sarch - 2017 - Criminal Law and Philosophy 11 (3):453-479.
    American criminal law is committed to some version of the doctrine of double effect. In this paper, I defend a new variant of the agent-centered rationale for a version of DDE that is of particular relevance to the criminal law. In particular, I argue for a non-absolute version of DDE that concerns the relative culpability of intending a bad or wrongful state of affairs as opposed to bringing it about merely knowingly. My aim is to identify a particular feature of (...)
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  48.  44
    Review of “Crime and Culpability: A Theory of Criminal Law”. [REVIEW]David Dolinko - 2012 - Criminal Law and Philosophy 6 (1):93-102.
    This is a review of the challenging book in which Larry Alexander and Kimberly Ferzan propose sweeping revisions to the structure of substantive criminal law.
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  49.  23
    Human Dignity of “Offenders”: A Limitation on Substantive Criminal Law. [REVIEW]Miriam Gur-Arye - 2012 - Criminal Law and Philosophy 6 (2):187-205.
    The paper argues for attaching a significant role to the dignity of offenders as a limitation on the scope of substantive criminal law. Three different aspects of human dignity are discussed. Human dignity is closely connected with the principle of culpability. Respecting the dignity of offenders requires that we assign criminal liability according to the actual attitudes of the offenders towards the interests protected by the offence. The doctrine of natural and probable consequence of complicity, which allows us to assign (...)
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  50.  18
    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.
    This study reviews the amount of attention bioethics, health law, and health economics receive in medical school curricula and the background of professors teaching these topic. It concludes that the number of required hours of instruction in bioethics, health law, and health economics in medical schools comprises less than two percent of the medical school curriculum; that time on these subjects is heavily weighted toward the first two years of medical education; and that many instructors have not published on the (...)
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