Download or read book Patient Autonomy and Criminal Law written by Paweł Daniluk and published by Taylor & Francis. This book was released on 2022-10-21 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows how the legal systems of individual European countries protect patient autonomy. In particular, it explains the role of criminal law, that is, what criminal law protection of patient autonomy looks like on a European scale in both legal and social dimensions. Despite EU integration processes, the work illustrates that the legal orders of individual European countries are far from uniform in this area. The concept of patient autonomy here is generally in the context of the patient's freedom from unwanted medical activities: the so-called negative freedom. At the same time, in countries where there are no regulations clearly criminalising the performance of a therapeutic activity without the patient's consent, the so-called positive freedom is also discussed. The book will be a valuable reference work for academics, researchers and policy-makers working in Health Law, Medical Ethics, Applied Ethics and Criminal Law.
Download or read book Personal Autonomy the Private Sphere and the Criminal Law written by Peter Alldridge and published by . This book was released on 2001 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains original essays by a distinguished group of jurists from six different European countries confronting the increasing range of legal and philosophical issues arising from the relationship between privacy and the criminal law. The collection is particularly timely in light of the incorporation into English law of the European Convention on Human Rights. It compares legal cultures and underlying assumptions with regard to the private sphere,personal autonomy and the supposed justifications for State interference through criminalization and the implementation of substantive criminal law. The book moves from treatment of general ideas like the relationship between sovereignty, the nation-state and substantive criminal law in the new European context, (with its concomitant aspiration towards the establishment of transnational morality) to more detailed consideration of specific areas of substantive law and procedure, viewed from a range of perspectives. Areas considered include euthanasia, surrogacy, female genital mutilation and sado-masochism
Download or read book Bioethics Medicine and the Criminal Law Volume 3 Medicine and Bioethics in the Theatre of the Criminal Process written by Margaret Brazier and published by Cambridge University Press. This book was released on 2013-05-02 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: To date, little analysis exists of the criminal process's roles as a regulator of medical practice and as an arbiter of bioethics, nor whether criminal law is an appropriate forum for judging ethical medical dilemmas. The conscription of criminal law into moral controversy and the (perceived) rise in criminal investigations of medical errors sets the backdrop for this innovative historical and theoretical analysis of the relationship between medicine, bioethics and the criminal process. Case studies on abortion, end of life and the separation of conjoined twins reveal how judges grapple with bioethics in criminal cases and the impact of 'theatre' on the criminal law's response to ethically controversial medical cases. A central argument is that bioethics and criminal law are not necessarily incompatible; rather, it is the theatre surrounding interactions between bioethics and criminal law that often distorts and creates tension.
Download or read book Bioethics Medicine and the Criminal Law written by Amel Alghrani and published by Cambridge University Press. This book was released on 2013 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses how effectively criminal law operates as a forum for resolving ethical conflict in the delivery of health care.
Download or read book Autonomy Consent and the Law written by Sheila A.M. McLean and published by Routledge. This book was released on 2009-09-10 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion that consent based on the concept of autonomy, underpins a good or beneficent medical intervention is deeply rooted in the jurisprudence of most countries throughout the world. Autonomy, Consent and the Law examines these notions in the UK, Australia and the US, and critiques the way in which autonomy and consent are treated in bioethics and law.
Download or read book Act and Omission in Criminal Law written by Roni Rosenberg and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book offers an innovative perspective on the critical distinction between acts and omissions in criminal law, a distinction that runs like a defining thread through all types of criminal offenses. While any act that positively causes a prohibited harm is sufficient for a conviction, an omission that causes the very same harm warrants a conviction only when there is a legal duty to act. This fundamental distinction between acts and omissions is not just relevant to criminal law, but it is also deeply rooted in our moral thinking. Thus, it is commonly argued that the difference between acts and omissions is also applicable to the intuitive moral distinction between active euthanasia, forbidden in most countries, and passive euthanasia, permitted in many countries under certain circumstances. Hence, the significance of this book is threefold: First, it offers a comprehensive, coherent, and systematic discussion of the intersections between the philosophical-moral and the legal-criminal aspects of this fundamental topic. Second, it offers a novel rationale for the distinction between acts and omissions, based on the principle of autonomy. Finally, it demonstrates the influences of the theoretical discussion, on the most significant practical questions. This book will be of interest to researchers, academics and policy-makers working in the areas of Criminal Law, Moral Philosophy and Bioethics"--
Download or read book Beyond Autonomy written by David G. Kirchhoffer and published by Cambridge University Press. This book was released on 2021-07-01 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Respect for autonomy has become a fundamental principle in human research ethics. Nonetheless, this principle and the associated process of obtaining informed consent do have limitations. This can lead to some groups, many of them vulnerable, being left understudied. This book considers these limitations and contributes through legal and philosophical analyses to the search for viable approaches to human research ethics. It explores the limitations of respect for autonomy and informed consent both in law and through the examination of cases where autonomy is lacking (infants), diminished (addicts), and compromised (low socio-economic status). It examines alternative and complementary concepts to overcome the limits of respect for autonomy, including beneficence, dignity, virtue, solidarity, non-exploitation, vulnerability and self-ownership. It takes seriously the importance of human relationality and community in qualifying, tempering and complementing autonomy to achieve the ultimate end of human research - the good of humankind.
Download or read book The Insecurity State written by Peter Ramsay and published by OUP Oxford. This book was released on 2012-04-26 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Insecurity State is a book about the recent emergence of a 'right to security' in the UK's criminal law. The Insecurity State sets out from a detailed analysis of the law of the Anti-Social Behaviour Order and of the Coalition government's proposed replacement for it. It shows that the liabilities contained in both seek to protect a 'freedom from fear'and that this 'right to security' explains a lot of other recently enacted criminal offences. This book identifies the normative source of this right to security in the idea of vulnerable autonomy. It demonstrates that the vulnerability of autonomy is an axiomatic assumption of political theories that have enjoyed a preponderant influence right across the political mainstream. It considers the influence of these normative commitments on the policy of both the New Labour and the Coalition governments. The Insecurity State then explores how the wider contemporary criminal law also institutionalizes the right to security, and how this differs from the law's earlier protection of security interests. It examines the right to security, and its attendant penal liabilities, in the context of both human rights protection and normative criminal law theories. Finally the book exposes the paradoxical claims about the state's authority that are entailed by penal laws that assume the vulnerability of the normal, representative citizen. The Insecurity State offers a criminal law theory that is unorthodox in both its method and its content: BLIt is focused on a contemporary development in the 'special part' of the criminal law rather than the law's general principles. BLIt is an explanatory political sociology of substantive criminal law rather than the more familiar normative theory; but it is an explanatory theory that seeks to understand the law's historical development through an investigation of the changing character of its normative order. BLIt does not apply a pre-existing sociological or philosophical theory to the law; rather it develops a theoretical explanation from detailed legal analysis and reconstruction of New Labour's penal laws. BLIt concludes that repressive criminal laws have arisen from a deficit of political authority rather than from excessive authoritarianism.
Download or read book Harm to Self written by Joel Feinberg and published by Oxford University Press. This book was released on 1989-03-09 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the third volume of Joel Feinberg's highly regarded The Moral Limits of the Criminal Law, a four-volume series in which Feinberg skillfully addresses a complex question: What kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizens? In Harm to Self, Feinberg offers insightful commentary into various notions attached to self-inflicted harm, covering such topics as legal paternalism, personal sovereignty and its boundaries, voluntariness and assumptions of risk, consent and its counterfeits, coercive force, incapacity, and choice of death.
Download or read book Autonomy Informed Consent and Medical Law written by Alasdair Maclean and published by Cambridge University Press. This book was released on 2009-02-12 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alasdair Maclean analyses the ethical basis for consent to medical treatment, providing both an extensive reconsideration of the ethical issues and a detailed examination of English law. Importantly, the analysis is given a context by situating consent at the centre of the healthcare professional-patient relationship. This allows the development of a relational model that balances the agency of the two parties with their obligations that arise from that relationship. That relational model is then used to critique the current legal regulation of consent. To conclude, Alasdair Maclean considers the future development of the law and contrasts the model of relational consent with Neil Manson and Onora O'Neill's recent proposal for a model of genuine consent.
Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1100 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Download or read book Personal Autonomy the Private Sphere and Criminal Law written by Peter Alldridge and published by Bloomsbury Publishing. This book was released on 2001-03-19 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains original essays by a distinguished group of jurists from six different European countries confronting the increasing range of legal and philosophical issues arising from the relationship between privacy and the criminal law. The collection is particularly timely in light of the incorporation into English law of the European Convention on Human Rights. It compares legal cultures and underlying assumptions with regard to the private sphere,personal autonomy and the supposed justifications for State interference through criminalization and the implementation of substantive criminal law. The book moves from treatment of general ideas like the relationship between sovereignty, the nation-state and substantive criminal law in the new European context, (with its concomitant aspiration towards the establishment of transnational morality) to more detailed consideration of specific areas of substantive law and procedure, viewed from a range of perspectives. Areas considered include euthanasia, surrogacy, female genital mutilation and sado-masochism.
Download or read book Patient s Autonomy Privacy and Informed Consent written by Helena Leino-Kilpi and published by IOS Press. This book was released on 2000 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this text an overview of the literature in patients' autonomy, privacy and informed consent has been made. This is important for many groups, and patients' rights were emphasized during the 1990s in many countries. The volume contains the laws and ethical codes referring to the topic.
Download or read book The Law and Ethics of Freedom of Thought Volume 1 written by Marc Jonathan Blitz and published by Springer Nature. This book was released on 2021-12-06 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of thought is one of the great and venerable notions of Western thought, often celebrated in philosophical texts – and described as a crucial right in American, European, and International Law, and in that of other jurisdictions. What it means more precisely is, however, anything but clear; surprisingly little writing has been devoted to it. In the past, perhaps, there has been little need for such elaboration. As one Supreme Court Justice stressed, “[f]reedom to think is absolute of its own nature” because even “the most tyrannical government is powerless to control the inward workings of the mind.” But the rise of brain scanning, cognition enhancement, and other emerging technologies make this question a more pressing one. This volume provides an interdisciplinary exploration of how freedom of thought might function as an ethical principle and as a constitutional or human right. It draws on philosophy, legal analysis, history, and reflections on neuroscience and neurotechnology to explore what respect for freedom of thought (or an individual’s cognitive liberty or autonomy) requires.
Download or read book The Moral Limits of the Criminal Law Volume 3 Harm to Self written by Joel Feinberg and published by Oxford University Press, USA. This book was released on 1989-08-17 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume tackles the riddles associated with the commonly proposed principle called 'legal paternalism'. It evaluates (and rejects) the principle that it can be right to impose coercion on a person 'for his own good', whatever his own wishes in the matter.
Download or read book Psychiatric Ethics in Late Life Patients written by Meera Balasubramaniam and published by Springer. This book was released on 2019-06-27 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The process of aging is frequently associated with changes in the physical and mental functioning of older adults, challenging their autonomy and rendering them vulnerable to exploitation. Certain illnesses that are more common in older adults can affect their capacity to function independently. These include the capacity to make medical decisions, live independently, manage finances, to name a few. Healthcare professionals, especially psychiatrists are often entrusted with the responsibility of assessing an older adult’s capacity to perform one or more functions. This makes it imperative for them to be cognizant of these issues, understand the need for these evaluations, and be able to conduct them in a comprehensive manner. Another way of protecting an older person’s rights and facilitating a life based on their own decisions even after they lose decision making capacity is Advanced Health Care Planning (AHCP). Health care professionals are required to initiate a discussion about AHCP with their patients and their families and review it periodically. Lastly, the older adults incarcerated in prisons is a group that is growing in numbers. They have unique needs at the intersection of the geriatric and forensic services, but are often marginalized by both services. The combination of poor quality of life and increasing costs makes the care of older adults in the criminal justice system makes this topic an important public health concern. There is a pressing need for better training of prison staff in issues of geriatric psychiatry. Assessment of criminal responsibility and competence to stand trial in aging offenders are other complex but under-studied issues. This proposed book will provide a comprehensive view of ethical, medicolegal, and forensic issues that will be useful in clinical practice. There will be three sub-sections, each focusing on ethical, medicolegal and forensic issues respectively. The first section will focus on ethical issues. Its first chapters will provide an overview of the how age and the process of aging influence decision-making and introduce unique ethical dimensions to clinical care. This will be followed by a discussion of the concepts of informed consent and capacity evaluation. The next chapters will focus on common scenarios that arise in the care of elderly patients and offer a practical approach to understanding and managing them. These will include assessments of the capacity to make medical decisions, the capacity to live independently, manage finances, drive a vehicle, have sexual relations etc. A chapter on ethical issues specific to dementia will outline issues related to diagnostic disclosure and genetic testing. Research ethics issues in geriatric psychiatry will also be outlined. The next section of the book will focus on surrogate decision making in an older adult who has been deemed to lack the capacity to serve one or more functions independently. The first chapters in this sub-section will focus on patient directed advance health care planning tools, namely, living will and power of attorney. This will be followed by an overview of default surrogate making. Guardianship will subsequently be covered. A separate chapter will cover the issue of elder abuse and discuss an approach to assessing it. The last section of the book will cover forensic issues in geriatric psychiatry. The first chapter will discuss aging older adults in the criminal justice system from an epidemiological perspective. The growing numbers of incarcerated older adults, their illness burden, the challenges in the diagnosis and management of neurocognitive disorders in the prison setting will be elucidated. The following chapter will discuss competence to stand trial with reference to elderly offenders. This will be followed by a discussion of the concepts of medical reprieve, compassionate release as well as model programs and policies currently in the works for older incarcerated adults.
Download or read book Autonomy Consent and the Law written by Sheila A.M. McLean and published by Routledge. This book was released on 2009-09-10 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Autonomy is often said to be the dominant ethical principle in modern bioethics, and it is also important in law. Respect for autonomy is said to underpin the law of consent, which is theoretically designed to protect the right of patients to make decisions based on their own values and for their own reasons. The notion that consent underpins beneficent and lawful medical intervention is deeply rooted in the jurisprudence of countries throughout the world. However, Autonomy, Consent and the Law challenges the relationship between consent rules and autonomy, arguing that the very nature of the legal process inhibits its ability to respect autonomy, specifically in cases where patients argue that their ability to act autonomously has been reduced or denied as a result of the withholding of information which they would have wanted to receive. Sheila McLean further argues that the bioethical debate about the true nature of autonomy – while rich and challenging – has had little if any impact on the law. Using the alleged distinction between the individualistic and the relational models of autonomy as a template, the author proposes that, while it might be assumed that the version ostensibly preferred by law – roughly equivalent to the individualistic model – would be transparently and consistently applied, in fact courts have vacillated between the two to achieve policy-based objectives. This is highlighted by examination of four specific areas of the law which most readily lend themselves to consideration of the application of the autonomy principle: namely refusal of life-sustaining treatment and assisted dying, maternal/foetal issues, genetics and transplantation. This book will be of great interest to scholars of medical law and bioethics.
