14 found
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  1.  39
    Pandemic Medical Ethics.Jennifer Blumenthal-Barby, Kenneth Boyd, Brian D. Earp, Lucy Frith, Rosalind J. McDougall, John McMillan & Jesse Wall - 2020 - Journal of Medical Ethics 46 (6):353-354.
    The COVID-19 pandemic will generate vexing ethical issues for the foreseeable future and many journals will be open to content that is relevant to our collective effort to meet this challenge. While the pandemic is clearly the critical issue of the moment, it’s important that other issues in medical ethics continue to be addressed as well. As can be seen in this issue, the Journal of Medical Ethics will uphold its commitment to publishing high quality papers on the full array (...)
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  2.  41
    The Legal Status of Body Parts: A Framework.Jesse Wall - 2011 - Oxford Journal of Legal Studies 31 (4):783-804.
    There is legal uncertainty and academic disagreement as to the legal status of biological material that has become separated from the person. This article sets out the two criteria upon which the assessment of the legal status of ‘separated biological material’ ought to be made. It is suggested here that any argument concerning the legal status of separated biological material needs to (i) assess which ownership entitlements in the material the law ought recognize and (ii) assess which set of legal (...)
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  3.  32
    Justifying and Excusing Sex.Jesse Wall - 2019 - Criminal Law and Philosophy 13 (2):283-307.
    This article aligns two complementary claims: that sexual penetration should be considered a wrong and that consent requires express words and conduct that manifest a person’s willingness or acquiescence towards the specific act. If sexual penetration is a wrong, it will only be justified if there are reasons that permit the action and if these were the ones that the defendant acted on. A person’s internal attitude of willingness or acquiescence towards the specific act can provide the necessary guiding reasons (...)
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  4.  7
    ‘Mrs A’: A Controversial or Extreme Case?Jesse Wall - 2019 - Journal of Medical Ethics 45 (2):77-78.
    It is sometimes said by legal scholars that ‘hard cases make bad law’, by which they mean an extreme case provides a poor lens through which to view general laws. It can be said in retort that ‘bad laws make hard cases’; implying that the case may be a controversial one only because the general laws that govern it are poorly formulated. The same tension may be found in medical ethics. Perhaps extreme cases provide a poor lens through which to (...)
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  5.  5
    We Need to Talk About Imperatives.Jesse Wall - 2019 - Journal of Medical Ethics 45 (8):487-488.
    The feature article in this edition outlines and then critically examines the Nuffield Council of Bioethics’ Report, ‘Genome Editing and Human Reproduction: Social and Ethical issues’. While Christopher Gyngell, Hilary Bowman-Smart & Julian Savulescu, ‘support the approach taken by the Nuffield Council’,1 their findings are stronger than those in the Report, arguing that - beyond being permissible - many instances of heritable genome editing will be moral imperatives. A collection of engaging responses to this feature article are provided by Rachel (...)
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  6.  16
    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 virtue of (...)
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  7. Arguments About Abortion: Personhood, Morality, and Law: Kate Greasley, Oxford, Oxford University Press, 2017, 288 Pp., £55.00 (Hardcover), 9780198766780. [REVIEW]Jesse Wall - 2020 - Jurisprudence 11 (3):483-492.
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  8.  2
    Being and Owning: The Body, Bodily Material, and the Law.Jesse Wall - 2015 - 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 subject of property. (...)
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  9.  7
    Somewhere Between Dystopia and Utopia.Jesse Wall - 2020 - Journal of Medical Ethics 46 (3):161-162.
    The Journal of Medical Ethics can sometimes read part Men Like Gods and part A Brave New World. At times, we learn how all controversies can resolved with reference to four principles. At other times, we learn how “every discovery in pure science is potentially subversive”.1 This issue is no exception. Here, we can read about the utopia of gene editing, manufactured organs, and machine learnt algorithmic decision-making. We can also read about the dystopia of inherited disorders from edited germlines, (...)
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  10.  4
    Caster Semenya and a Level Playing Field.Jesse Wall - 2020 - Journal of Medical Ethics 46 (9):563-564.
    Sport is predicated on the idea of victors emerging from a level playing field. All ethically informed evaluate practices are like this; they require an equality of respect, consideration, and opportunity, while trying to achieve substantively unequal outcomes. For instance: limited resources mean that physicians must treat some patients and not others, while still treating them with equal respect; examiners must pass some students and not others, while still giving their work equal consideration; employers may only be able to hire (...)
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  11.  11
    The Trespasses of Property Law.Jesse Wall - 2014 - Journal of Medical Ethics 40 (1):19-22.
    The purpose of this article is to identify a limit to the appropriate application of property law to the use and storage of bodily material. I argue here that property law ought to be limited to protecting ‘contingent rights’ and that recent cases where property rights have been recognised in semen represent the application of property law beyond this limit. I also suggest how the law ought to develop in order to avoid the overextensive use of property law.
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  12.  4
    Open Therapy and its Enemies.Jesse Wall - 2021 - Journal of Medical Ethics 47 (7):443-443.
    Consider a scenario where, at the start of an appointment with a therapist, she explains to you that ‘the success of the therapy will depend on your own positive expectations, the respect and esteem that you have for me as a qualified health professional, the warm tone and empathic approach that I adopt towards you, and the trust that you place in me, during the course of treatment’. You might find this transparency about the therapeutic process to be refreshingly honest. (...)
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  13.  3
    Arguments About Abortion: Personhood, Morality, and Law.Jesse Wall - forthcoming - Jurisprudence:1-10.
    Arguments about Abortion: Personhood, Morality, and Law approaches a complex set of issues with analytical rigour, clarity, and a respectful directness. It extensively buries poor argumentation and...
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  14.  2
    Advancing Technologies as Both Our Saviour and Our Doom.Jesse Wall - 2021 - Journal of Medical Ethics 47 (3):131-132.
    Olaf has a theory about advancing technologies being both our saviour and our doom. While we ought to avoid over-analysing claims of fictitious snowmen, we can pause to consider whether it is possible for an advancing technology to be both our saviour and our doom. I will maintain that it is. But for now, note how it is tempting to resolve the overlap by thinking about advancing technologies and individuals. In a possible reformulation of Olaf’s claim, advancing technology can be (...)
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