Philosophical Foundations of Medical Law

ISBN : 9780198796558

Andelka M. Phillips; Thana C. de Campos; Jonathan Herring
368 ページ
171 x 171 mm

With advances in personalised medicine, the field of medical law is being challenged and transformed. The nature of the doctor-patient relationship is shifting as patients simultaneously become consumers. The regulation of emerging technologies is being thrown into question, and we face new challenges in the context of global pandemics. This volume identifies significant questions and issues underlying the philosophy of medical law. It brings together leading philosophers, legal theorists, and medical specialists to discuss these questions in two parts. The first part deals with key foundational theories, and the second addresses a variety of topical issues, including euthanasia, abortion, and medical privacy. The wide range of perspectives and topics on offer provide a vital introduction to the philosophical underpinnings of medical law.


Andelka M. Phillips, Thana C. de Campos, and Jonathan Herring: Introduction
Part A: General Theories
1 Robert Gay: Virtue Ethics and Medical Law
2 Jonathan Herring: Feminism, Ethics of Care, and Medical Ethics
3 Robert P. George and Christopher O. Tollefsen: The Natural Law Foundations of Medical Law
4 Julian Savalescu and Dominic Wilkinson: Consequentialism and the Law in Medicine
5 Thana C. de Campos: Justice and Responsibility: a Deontological Approach to Medical Law
6 Kate Greasley: Abortion, Feminism, and 'Traditional' Moral Philosophy
7 Jesse Wall: How the Philosophy Gets In
Part B: Applications of Theories
8 David Albert Jones: Virtue Theory and the Lawfulness of Withholding or Withdrawing Treatment or Care
9 Charles Foster: Dignity in Medical Law
10 John Keown: The Beginning and Ending of Life: Medical Law and Ethical Incoherence
11 Francisco J. Urbina: Proportionality in Medical Law
12 Daniel Wang and Benedict Rumbold: Priority Setting, Judicial Review, and Procedural Justice
13 Imogen Goold: Philosophy and Restrictions on Access to Assisted Reproductive Technologies
14 Heloise Robinson: Abortion on the Basis of a Risk of Disability: the Parents' Interests and Shared Interests
15 Donna Dickenson: Property in the Body and Medical Law
16 Trevor Stammers: Trafficking, Tourism and Trading: A Dark Convergence in Transplantation?
17 Kirsty Horsey: Can a Reformed Surrogacy Law Reflect Pragmatism and Respect Ethics?
18 Pia Jolliffe and William Jolliffe: Ageing and Fertility: Legal and Ethical Perspectives
19 Pip Coore: The Emergence of Family Care Agreements in an Ageing World
20 Camilla Kong: The Problem of Mental Capacity in Self-Harming Egosyntonic Disorder
21 Carissa Veliz: Medical Privacy and Big Data: a Further Reason in Favour of Public Universal Healthcare Coverage
22 Andelka M. Phillips: The Age of Personalized Medicine-From Patients to Consumers: The Digital Environment, Clickwrap Contracts, and Implications for Autonomy


Andelka M. Phillips is Senior Lecturer at Te Piringa Faculty of Law, University of Waikato and a research associate atUniversity of Oxford's Centre for Health, Law and Emerging Technologies (HeLEX). She was formerly the Ussher Assistant Professor in Information Technology Law at Trinity College Dublin.While at Oxford she was the General Editor of the Oxford University Commonwealth Law Journal and the convenor of the Medical Law and Ethics Discussion Group.; Thana C. de Campos is Assistant Professor at Pontificia Universidad Catolica de Chile. She is a research associate at the UNESCO Chair in Bioethics and Human Rights (Rome); the Von Hugel Institute (St Edmund's College, University of Cambridge); and at Las Casas Institute (Blackfriars Hall, University of Oxford). ; Jonathan Herring is the DM Wolfe-Clarendon Fellow in Law and the Vice-Dean and Professor of Law in the Law Faculty at Oxford University.