Results for 'Medical Law'

999 found
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  1. 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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  2. Teaching Medical Ethics and Law Within Medical Education: A Model for the UK Core Curriculum.Richard Ashcroft & Donna Dickenson - 1998 - Journal of Medical Ethics 24:188-192.
    Consensus statement by UK teachers of medical ethics and law.
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  3. HARMONIZING LAW AND INNOVATIONS IN NANOMEDICINE, ARTIFICIAL INTELLIGENCE (AI) AND BIOMEDICAL ROBOTICS: A CENTRAL ASIAN PERSPECTIVE.Ammar Younas & Tegizbekova Zhyldyz Chynarbekovna - manuscript
    The recent progression in AI, nanomedicine and robotics have increased concerns about ethics, policy and law. The increasing complexity and hybrid nature of AI and nanotechnologies impact the functionality of “law in action” which can lead to legal uncertainty and ultimately to a public distrust. There is an immediate need of collaboration between Central Asian biomedical scientists, AI engineers and academic lawyers for the harmonization of AI, nanomedicines and robotics in Central Asian legal system.
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  4. Medical Ethics in Qiṣāṣ (Eye-for-an-Eye) Punishment: An Islamic View; an Examination of Acid Throwing.Hossein Dabbagh, Amir Alishahi Tabriz & Harold G. Koenig - 2016 - Journal of Religion and Health 55 (4):1426–1432.
    Physicians in Islamic countries might be requested to participate in the Islamic legal code of qiṣāṣ, in which the victim or family has the right to an eye-for-an-eye retaliation. Qiṣāṣ is only used as a punishment in the case of murder or intentional physical injury. In situations such as throwing acid, the national legal system of some Islamic countries asks for assistance from physicians, because the punishment should be identical to the crime. The perpetrator could not be punished without a (...)
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  5. Medical Privacy and Big Data: A Further Reason in Favour of Public Universal Healthcare Coverage.Carissa Véliz - 2019 - In T. C. de Campos, J. Herring & A. M. Phillips (eds.), Philosophical Foundations of Medical Law. Oxford, U.K.: Oxford University Press. pp. 306-318.
    Most people are completely oblivious to the danger that their medical data undergoes as soon as it goes out into the burgeoning world of big data. Medical data is financially valuable, and your sensitive data may be shared or sold by doctors, hospitals, clinical laboratories, and pharmacies—without your knowledge or consent. Medical data can also be found in your browsing history, the smartphone applications you use, data from wearables, your shopping list, and more. At best, data about (...)
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  6. The Tortured Patient: A Medical Dilemma.Chiara Lepora & Joseph Millum - 2011 - Hastings Center Report 41 (3):38-47.
    Torture is unethical and usually counterproductive. It is prohibited by international and national laws. Yet it persists: according to Amnesty International, torture is widespread in more than a third of countries. Physicians and other medical professionals are frequently asked to assist with torture. -/- Medical complicity in torture, like other forms of involvement, is prohibited both by international law and by codes of professional ethics. However, when the victims of torture are also patients in need of treatment, doctors (...)
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  7. Conscientious Objection to Medical Assistance in Dying: A Qualitative Study with Quebec Physicians.Jocelyn Maclure - 20019 - Canadian Journal of Bioethics / Revue canadienne de bioéthique 2 (2):110-134.
    Patients in Quebec can legally obtain medical assistance in dying (MAID) if they are able to give informed consent, have a serious and incurable illness, are at the end of their lives and are in a situation of unbearable suffering. Since the Supreme Court of Canada’s 2015 Carter decision, access to MAID, under certain conditions, has become a constitutional right. Quebec physicians are now likely to receive requests for MAID from their patients. The Quebec and Canadian laws recognize a (...)
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  8.  87
    On Evidence, Medical and Legal.Donald W. Miller & Clifford Miller - 2005 - Journal of American Physicians and Surgeons 10 (3):70-75.
    Medicine, like law, is a pragmatic, probabilistic activity. Both require that decisions be made on the basis of available evidence, within a limited time. In contrast to law, medicine, particularly evidence-based medicine as it is currently practiced, aspires to a scientific standard of proof, one that is more certain than the standards of proof courts apply in civil and criminal proceedings. But medicine, as Dr. William Osler put it, is an "art of probabilities," or at best, a "science of uncertainty." (...)
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  9. Prioritizing Parental Liberty in Non-Medical Vaccine Exemption Policies: A Response to Giubilini, Douglas and Savulescu.Mark Christopher Navin & Mark Aaron Largent - 2017 - Public Health Ethics 10 (3).
    In a recent paper published in this journal, Giubilini, Douglas and Savulescu argue that we have given insufficient weight to the moral importance of fairness in our account of the best policies for non-medical exemptions to childhood immunization requirements. They advocate for a type of policy they call Contribution, according to which parents must contribute to important public health goods before their children can receive NMEs to immunization requirements. In this response, we argue that Giubilini, Douglas and Savulescu give (...)
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  10.  34
    COVID-19 Vaccine Refusal and Fair Allocation of Scarce Medical Resources.Govind Persad & Emily A. Largent - 2022 - JAMA Health Forum 3 (4):e220356.
    When hospitals face surges of patients with COVID-19, fair allocation of scarce medical resources remains a challenge. Scarcity has at times encompassed not only hospital and intensive care unit beds—often reflecting staffing shortages—but also therapies and intensive treatments. Safe, highly effective COVID-19 vaccines have been free and widely available since mid-2021, yet many Americans remain unvaccinated by choice. Should their decision to forgo vaccination be considered when allocating scarce resources? Some have suggested it should, while others disagree. We offer (...)
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  11. Consent: Historical Perspectives in Medical Ethics.Tom O'Shea - 2018 - In Andreas Müller & Peter Schaber (eds.), Routledge Handbook of the Ethics of Consent. London: Routledge. pp. 261-271.
    This chapter provides an outline of consent in the history of medical ethics. In doing so, it ranges over attitudes towards consent in medicine in ancient Greece, medieval Europe and the Middle East, as well as the history of Western law and medical ethics from the early modern period onwards. It considers the relationship between consent and both the disclosure of information to patients and the need to indemnify physicians, while attempting to avoid an anachronistic projection of concern (...)
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  12. Egalitarian Provision of Necessary Medical Treatment.Robert C. Hughes - 2020 - The Journal of Ethics 24 (1):55-78.
    Considerations of autonomy and independence, properly understood, support strictly egalitarian provision of necessary medical treatment. If the financially better-off can purchase access to necessary medical treatments that the financially less well-off cannot purchase without help, then their discretionary power to give or to withhold monetary gifts indirectly gives them the power to make life-and-death or sickness-and-health decisions for others. To prevent private citizens from having this objectionable form of power, government must ensure that citizens’ finances do not affect (...)
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  13. Making Risk-Benefit Assessments of Medical Research Protocols.Alex Rajczi - 2004 - Journal of Law, Medicine and Ethics 32 (2):338-348.
    An axiom of medical research ethics is that a protocol is moral only if it has a “favorable risk-benefit ratio”. This axiom is usually interpreted in the following way: a medical research protocol is moral only if it has a positive expected value -- that is, if it is likely to do more good (to both subjects and society) than harm. I argue that, thus interpreted, the axiom has two problems. First, it is unusable, because it requires us (...)
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  14. Consent and the Criminal Law.Lucinda Vandervort - 1990 - Osgoode Hall Law Journal 28 (2):485-500.
    The author examines two proposals to expand legal recognition of individual control over physical integrity. Protections for individual autonomy are discussed in relation to the right to die, euthanasia, medical treatment, and consensual and assaultive sexual behaviours. The author argues that at present, the legal doctrine of consent protects only those individual preferences which are seen to be congruent with dominant societal values; social preferences and convenience override all other individual choices. Under these conditions, more freedom to waive rights (...)
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  15. Review of Assisted Suicide and Euthanasia: A Natural Law Ethics Approach. [REVIEW]Craig Paterson - 2010 - Ethics and Medicine 26 (1):23-4.
    As medical technology advances and severely injured or ill people can be kept alive and functioning long beyond what was previously medically possible, the debate surrounding the ethics of end-of-life care and quality-of-life issues has grown more urgent. In this lucid and vigorous book, Craig Paterson discusses assisted suicide and euthanasia from a fully fledged but non-dogmatic secular natural law perspective. He rehabilitates and revitalises the natural law approach to moral reasoning by developing a pluralistic account of just why (...)
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  16. Seeing, Feeling, Doing: Mandatory Ultrasound Laws, Empathy and Abortion.Catherine Mills - 2018 - Journal of Practical Ethics 6 (2):1-31.
    In recent years, a number of US states have adopted laws that require pregnant women to have an ultrasound examination, and be shown images of their foetus, prior to undergoing a pregnancy termination. In this paper, I examine one of the basic presumptions of these laws: that seeing one’s foetus changes the ways in which one might act in regard to it, particularly in terms of the decision to terminate the pregnancy or not. I argue that mandatory ultrasound laws compel (...)
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  17.  43
    Reproduction, Ethics and the Law: Feminist Perspectives.D. Dickenson - 1997 - Journal of Medical Ethics 23 (5):329-329.
    Review of Joan Callahan, Reproduction, Ethics and the Law: Feminist Perspectives.
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  18. In Incognito: The Principle of Double Effect in American Constitutional Law.Edward C. Lyons - 2005 - Florida Law Review 57 (3):469-563.
    Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the (...)
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  19. Preconception Sex Selection for Non‐Medical Reasons: A Representative Survey From the UK.Edgar Dahl - 2003 - Human Reproduction 18 (10):2231-2234.
    BACKGROUND: -/- Preconception sex selection for non-medical reasons raises serious moral, legal and social issues. The main concern is based on the assumption that a freely available service for sex selection will distort the natural sex ratio and lead to a severe gender imbalance. However, for a severe gender imbalance to happen, at least two conditions have to be met. First, there must be a significant preference for children of a particular sex, and second, there must be a considerable (...)
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  20. Adherence to the Request Criterion in Jurisdictions Where Assisted Dying Is Lawful? A Review of the Criteria and Evidence in the Netherlands, Belgium, Oregon, and Switzerland.Penney Lewis & Isra Black - 2013 - Journal of Law, Medicine and Ethics 41 (4):885-898.
    Some form of assisted dying (voluntary euthanasia and/or assisted suicide) is lawful in the Netherlands, Belgium, Oregon, and Switzerland. In order to be lawful in these jurisdictions, a valid request must precede the provision of assistance to die. Non-adherence to the criteria for valid requests for assisted dying may be a trigger for civil and/or criminal liability, as well as disciplinary sanctions where the assistor is a medical professional. In this article, we review the criteria and evidence in respect (...)
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  21. The Path to Public Office: Medicine Versus Law.Michael L. Riordan - 1985 - Perspectives in Biology and Medicine 29 (2):316-325.
    Essay by Dr. Michael L. Riordan, the founder of Gilead Sciences, on the comparative utility of a medical versus legal education as preparation for public office.
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  22. Motions of Sounds, Bodies, and Souls [Plato, Laws VII. 790e Ff.].Evangelos Moutsopoulos - 2002 - Prolegomena 1 (2):113-119.
    This article explores how Plato, in his “metaphysical” dialogues, sees the specific properties of motion (and especially of motion in music), which lend themselves to adaptation for the purposes of maintaining or restoring the health of the soul. Plato explores the property of regular or rhythmic motion in particular. The attention has been drawn to the analogy between the calming effect of music, at the human level, and the Demiurge’s achievement in willing the world into existence. The focus of the (...)
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  23. The Embryo in Ancient Rabbinic Literature: Between Religious Law and Didactic Narratives: An Interpretive Essay.Etienne Lepicard - 2010 - History and Philosophy of the Life Sciences 32 (1):21-41.
    At a time when bioethical issues are at the top of public and political agendas, there is a renewed interest in representations of the embryo in various religious traditions. One of the major traditions that have contributed to Western representations of the embryo is the Jewish tradition. This tradition poses some difficulties that may deter scholars, but also presents some invaluable advantages. These derive from two components, the search for limits and narrativity, both of which are directly connected with the (...)
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  24. Ethical Arguments For and Against Sperm Sorting for Non-Medical Sex Selection.Edgar Dahl - 2013 - Reproductive Biomedicine Online 26:231-239.
    Much has been written about the ethics of sex selection. This article thoroughly explores the ethical arguments put forth in the literature both for and against non-medical sex selection using sperm sorting. While most of these arguments come from philosophers, feminist scholars, social scientists and members of the healthcare community, they are often echoed in empirical studies that have explored community values. This review is timely because the first efficacious method for sex selection via sperm sorting, MicroSort, is currently (...)
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  25.  52
    Children's Informed Consent to Treatment: Is the Law an Ass?D. Dickenson - 1994 - Journal of Medical Ethics 20 (4):205-222.
    Anomaly in English law between age of children's permitted consent to treatment and much lower age of criminal responsibility.
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  26. Catholic Treatment Ethics and Secular Law: How Can They Cohere?J. Balch Thomas - 2016 - Solidarity: The Journal of Catholic Social Thought and Secular Ethics 6 (1):Article 4.
    Central elements of Roman Catholic treatment ethics include: 1) that rejection of treatment with the intent of hastening death (even for a good end) is ethically equivalent to active euthanasia with the same intent; 2) a distinction between morally obligatory “ordinary” treatment and morally optional “extraordinary treatment”; 3) that the quality of the patient’s life is not be a legitimate basis for rejecting treatment; and 4) that extraordinary treatment is not forbidden, but optional, and that it is the patient or (...)
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  27. Capturing and Promoting the Autonomy of Capacitous Vulnerable Adults.Jonathan Lewis - 2021 - Journal of Medical Ethics 47 (12):e21.
    According to the High Court in England and Wales, the primary purpose of legal interventions into the lives of vulnerable adults with mental capacity should be to allow the individuals concerned to regain their autonomy of decision making. However, recent cases of clinical decision making involving capacitous vulnerable adults have shown that, when it comes to medical law, medical ethics and clinical practice, vulnerability is typically conceived as opposed to autonomy. The first aim of this paper is to (...)
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  28. Sex Selection: Morality, Harm, and the Law.Edgar Dahl - 2007 - Southern Medical Journal 100 (1):105-106.
    Given that sex selection does not harm anyone, there is no moral justification for a legal ban.
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  29. Reporting and Scrutiny of Reported Cases in Four Jurisdictions Where Assisted Dying is Lawful: A Review of the Evidence in the Netherlands, Belgium, Oregon and Switzerland.Penney Lewis & Isra Black - 2013 - Medical Law International 13 (4):221-239.
    This article examines the reporting requirements in four jurisdictions in which assisted dying (euthanasia and/or assisted suicide) is legally regulated: the Netherlands, Belgium, Oregon and Switzerland. These jurisdictions were chosen because each had a substantial amount of empirical evidence available. We assess the available empirical evidence on reporting and what it tells us about the effectiveness of such requirements in encouraging reporting. We also look at the nature of requirements on regulatory bodies to refer cases not meeting the legal criteria (...)
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  30. Property in the Body: Feminist Perspectives.Donna Dickenson - 2007 - Cambridge University Press.
    New developments in biotechnology radically alter our relationship with our bodies. Body tissues can now be used for commercial purposes, while external objects, such as pacemakers, can become part of the body. Property in the Body: Feminist Perspectives transcends the everyday responses to such developments, suggesting that what we most fear is the feminisation of the body. We fear our bodies are becoming objects of property, turning us into things rather than persons. This book evaluates how well-grounded this fear is, (...)
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  31. Atención después de la investigación: un marco para los comités de ética de investigación del National Health Service (NHS) (borrador versión 8.0).Neema Sofaer, Penny Lewis & Hugh Davies - 2012 - Perspectivas Bioéticas 17 (33):47-70.
    Resumen Ésta es la primera traducción al español de las guías “Atención después de la investigación: un marco para los comités de ética de investigación del National Health Service (NHS) (borrador versión 8.0)”. El documento afirma que existe una fuerte obligación moral de garantizar que los participantes enfermos de un estudio clínico hagan una transición después del estudio hacia una atención de la salud apropiada. Con “atención de la salud apropiada” se hace referencia al acceso para los participantes a la (...)
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  32. Thomas Aquinas – Human Dignity and Conscience as a Basis for Restricting Legal Obligations.Marek Piechowiak - 2016 - Diametros 47:64-83.
    In contemporary positive law there are legal institutions, such as conscientious objection in the context of military service or “conscience clauses” in medical law, which for the sake of respect for judgments of conscience aim at restricting legal obligations. Such restrictions are postulated to protect human freedom in general. On the basis of Thomas Aquinas’ philosophy, it shall be argued that human dignity, understood as the existential perfection of a human being based on special unity, provides a foundation for (...)
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  33. Responding to Global Poverty: Review Essay of Peter Singer, the Life You Can Save.Christian Barry & Gerhard Øverland - 2009 - Journal of Bioethical Inquiry 6 (2):239-247.
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  34. The Role of Healthcare Ethics Committee Networks in Shaping Healthcare Policy and Practices.Anita J. Tarzian, Diane E. Hoffmann, Rose Mary Volbrecht & Judy L. Meyers - 2006 - HEC Forum 18 (1):85-94.
    As national and state health care policy -making becomes contentious and complex, there is a need for a forum to debate and explore public concerns and values in health care, give voice to local citizens, to facilitate consensus among various stakeholders, and provide feedback and direction to health care institutions and policy makers. This paper explores the role that regional health care ethics committees can play and provides two contrasting examples of Networks involved in facilitation of public input into and (...)
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  35. Public Health and Safety: The Social Determinants of Health and Criminal Behavior.Gregg D. Caruso - 2017 - London, UK: ResearchLinks Books.
    There are a number of important links and similarities between public health and safety. In this extended essay, Gregg D. Caruso defends and expands his public health-quarantine model, which is a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. In developing his account, he explores the relationship between public health and safety, focusing on how social inequalities and systemic injustices affect health outcomes and crime rates, how poverty affects brain (...)
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  36. Bioethics in Canada, Second Edition.Anthony Skelton (ed.) - 2019 - Don Mills: Oxford University Press.
    This is the second edition of the textbook Bioethics in Canada. It is the most up to date bioethics textbook on the Canadian market. Twenty-nine of its 54 contributions are by Canadians. All the chapters carried over from the first edition are revised in full (especially the chapters on obligations to the global poor, on medical assistance in dying, and on public health). It comprises *new* chapters on emerging genetic technologies and on indigenous peoples' health. It contains *new* case (...)
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  37.  31
    Reply to Udo Schuklenk.Mairi Levitt & Hub Zwart - 2010 - Journal of Bioethical Inquiry 7 (1):89-90.
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  38.  52
    Overriding Adolescent Refusals of Treatment.Anthony Skelton, Lisa Forsberg & Isra Black - 2021 - Journal of Ethics and Social Philosophy 20 (3):221-247.
    Adolescents are routinely treated differently to adults, even when they possess similar capacities. In this article, we explore the justification for one case of differential treatment of adolescents. We attempt to make philosophical sense of the concurrent consents doctrine in law: adolescents found to have decision-making capacity have the power to consent to—and thereby, all else being equal, permit—their own medical treatment, but they lack the power always to refuse treatment and so render it impermissible. Other parties, that is, (...)
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  39. MORAL CRIME.Sally Ramage - forthcoming - Criminal Law News (87):2-25.
    ‘Crime is a prohibited act from which results in more evil than good’ is how Jeremy Bentham described crime. ‘Crime is a serious anti-social action to which the State reacts consciously by inflicting pain’, is how W.A.Bonger describes crime. Morality and its lack thereof are related to crime. Morality is so closely interwoven with social conduct and immorality interwoven with criminal conduct that it is desirable to investigate this matter further and so this shorter version of a paper by Sally (...)
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  40.  19
    Euthanasiain Christian Ethic-Theological Context: Pros And Cons.Davidming Ming - 2021 - Jurnal Theologi Walisongo 32 (1):89-107.
    Science and technology are undergoing rapid development and progress. It is due to the increasing number of modern inventions. Among the technological discoveries that are very important are in the medical field. With modern medical equipment, the suffering of a patient can be reduced. But in reality, there are still some patients who have severe suffering. Patients who experience prolonged illness invites empathy from the family. To relieve his suffering, the family who could not bear to see his (...)
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  41. Challenging the ‘Born Alive’ Threshold: Fetal Surgery, Artificial Wombs, and the English Approach to Legal Personhood.Elizabeth Chloe Romanis - 2019 - Medical Law Review.
    English law is unambiguous that legal personality, and with it all legal rights and protections, is assigned at birth. This rule is regarded as a bright line that is easily and consistently applied. The time has come, however, for the rule to be revisited. This article demonstrates that advances in fetal surgery and (anticipated) artificial wombs do not marry with traditional conceptions of birth and being alive in law. These technologies introduce the possibility of ex utero gestation, and/or temporary existence (...)
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  42.  55
    Legal and Ethical Dimensions of Artificial Reproduction and Related Rights.Deepa Kansra - 2012 - Women's Link 4 (18):7-17.
    Recent years have illustrated how the reproductive realm is continuously drawing the attention of medical and legal experts worldwide. The availability of technological services to facilitate reproduction has led to serious concerns over the right to reproduce, which no longer is determined as a private/personal matter. The growing technological options do implicate fundamental questions about human dignity and social welfare. There has been an increased demand for determining (a) the rights of prisoners, unmarried and homosexuals to such services, (b) (...)
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  43.  58
    Trauma in Court: Medico-Legal Dialectics in the Late Nineteenth-Century German Discourse on Nervous Injuries.José Brunner - 2003 - Theoretical Inquiries in Law 4 (2).
    This paper discusses a dialectic whereby the law not only influenced medical thinking in late nineteenth-century Germany, but also underwent medicalization of its own initiative. At the end of the 1880s, social legislation was crucial in initiating the German discourse on traumatic nervous disorders. By employing doctors as medical experts in court, the law also created a new experiential realm for doctors, altering their behavior toward patients and shifting their focus from therapy to investigation. However, in the wake (...)
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  44. Philosophical Ruminations About Embryo Experimentation with Reference to Reproductive Technologies in Jewish “Halakhah”.Piyali Mitra - 2017 - IAFOR Journal of Ethics, Religion and Philosophy 3 (2):5-19.
    The use of modern medical technologies and interventions involves ethical and legal dilemmas which are yet to be solved. For the religious Jews the answer lies in Halakhah. The objective of this paper is to unscramble the difficult conundrum possessed by the halakhalic standing concerning the use of human embryonic cell for research. It also aims to take contemporary ethical issues arising from the use of technologies and medical advances made in human reproduction and study them from an (...)
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  45.  71
    A Reference to the US News Graduate School Ranking and NRC Data.Kiyoung Kim - manuscript
    The purpose of college and university ranking mainly resides to assist with the students in choosing their schools and programs at the level they wish to study. The US News and World Report (USNWR) graduate programs ranking is notable that evaluates the graduate level programs uniquely and in contrast with other general subject rankings. Along with the reputation of source, this specificity enables to enjoy a number of subscribers in making an application decision about which school or program is competitive (...)
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  46. Clinical Decision-Making: The Case Against the New Casuistry.Mahesh Ananth - 2017 - Issues in Law and Medicine 32 (2):143-171.
    Albert Jonsen and Stephen Toulmin have argued that the best way to resolve complex “moral” issues in clinical settings is to focus on the details of specific cases. This approach to medical decision-making, labeled ‘casuistry’, has met with much criticism in recent years. In response to this criticism, Carson Strong has attempted to salvage much of Jonsen’s and Toulmin’s version of casuistry. He concludes that much of their analysis, including Jonsen’s further elaboration about the casuistic methodology, is on the (...)
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  47. From Being Unaccountable to Suffering From Severe Mental Disorder and (Possibly) Back Once Again to Being Unaccountable.Christer Svennerlind - 2015 - Dialogues in Philosophy, Mental and Neuro Sciences 8 (2):45-58.
    From 1965, the Swedish penal law does not require accountability as a condition for criminal responsibility. Instead, severely mentally disordered offenders are sentenced to forensic psychiatric care. The process that led to the present legislation had its origins in a critique of the concept of accountability that was first launched 50 years earlier by the founding father of Swedish forensic psychiatry, Olof Kinberg. The concept severe mental disorder is part of the Criminal Code as well as the Compulsory Mental Act. (...)
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  48. Considering Quality of Life While Repudiating Disability Injustice: A Pathways Approach to Setting Priorities.Govind Persad - 2019 - Journal of Law, Medicine and Ethics 47 (2):294-303.
    This article proposes a novel strategy, one that draws on insights from antidiscrimination law, for addressing a persistent challenge in medical ethics and the philosophy of disability: whether health systems can consider quality of life without unjustly discriminating against individuals with disabilities. It argues that rather than uniformly considering or ignoring quality of life, health systems should take a more nuanced approach. Under the article's proposal, health systems should treat cases where quality of life suffers because of disability-focused exclusion (...)
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  49. Rhetoric and Argumentation: How Clinical Practice Guidelines Think.Jonathan Fuller - 2013 - Journal of Evaluation in Clinical Practice 19 (3):433-441.
    Introduction: Clinical practice guidelines (CPGs) are an important source of justification for clinical decisions in modern evidence-based practice. Yet, we have given little attention to how they argue their evidence. In particular, how do CPGs argue for treatment with long-term medications that are increasingly prescribed to older patients? Approach and rationale: I selected six disease-specific guidelines recommending treatment with five of the medication classes most commonly prescribed for seniors in Ontario, Canada. I considered the stated aims of these CPGs and (...)
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  50. On the Role of Newtonian Analogies in Eighteenth-Century Life Science:Vitalism and Provisionally Inexplicable Explicative Devices.Charles T. Wolfe - 2014 - In Zvi Biener & Eric Schliesser (eds.), Newton and Empiricism. Oxford University Press. pp. 223-261.
    Newton’s impact on Enlightenment natural philosophy has been studied at great length, in its experimental, methodological and ideological ramifications. One aspect that has received fairly little attention is the role Newtonian “analogies” played in the formulation of new conceptual schemes in physiology, medicine, and life science as a whole. So-called ‘medical Newtonians’ like Pitcairne and Keill have been studied; but they were engaged in a more literal project of directly transposing, or seeking to transpose, Newtonian laws into quantitative models (...)
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