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E-raamat: Human Dignity in Bioethics and Law [Hart e-raamatud]

(University of Oxford)
  • Formaat: 218 pages
  • Ilmumisaeg: 01-Sep-2011
  • Kirjastus: Hart Publishing
  • ISBN-13: 9781847318350
  • Hart e-raamatud
  • Hind: 49,48 €*
  • * hind, mis tagab piiramatu üheaegsete kasutajate arvuga ligipääsu piiramatuks ajaks
  • Formaat: 218 pages
  • Ilmumisaeg: 01-Sep-2011
  • Kirjastus: Hart Publishing
  • ISBN-13: 9781847318350
Foster (medical ethics and law, U. of Oxford, England) places the concept of human dignity at the heart of his approach to medical ethics and bioethics, arguing that every key issue should be approached through a transactional model that assesses whether proposed solutions maximize dignity for the patient, the clinician or researcher, and the wider community, with the meaning of dignity derived from an anthropological perspective on what makes human thrive. This elevation of dignity, he proposes, constitutes a bioethical "theory of everything" that can be applied to problems large and small. In order to support this argument, he explores the history and current construction of the understanding of dignity and then applies the insights from that discussion to consideration of the role of dignity in healthcare law; issues of consent, confidentiality, privacy, medical research, and resources; human enhancement and cloning technologies; reproductive choice and the unborn; the end of life; and the use and abuse of body parts. Distributed in the US by ISBS. Annotation ©2011 Book News, Inc., Portland, OR (booknews.com)

Dignity is often denounced as hopelessly amorphous or incurably theological - as feel-good, philosophical window-dressing, or as the name applied to whatever principles give you the answer that you think is right. According to author Charles Foster, this is wrong. Dignity is not only an essential principle in bioethics and law, it is really the only principle. In this ambitious, paradigm-shattering, and highly readable book, Foster argues that dignity is the only sustainable 'Theory of Everything' in bioethics. For most problems in contemporary bioethics, existing principles - such as autonomy, beneficence, non-maleficence, justice, and professional probity - can do a reasonably workmanlike job if they are all allowed to contribute appropriately. But these are second order principles, each of which traces its origins back to dignity. And when one gets to the frontiers of bioethics (such as human enhancement), dignity is the only conceivable language with which to describe and analyze the strange conceptual creatures found there. Drawing on clinical, anthropological, philosophical, and legal insights, Foster provides a new lexicon and grammar of that language. This book will be essential reading for anyone wanting to travel in the outlandish territories of bioethics, and it is strongly recommended for anyone wanting to travel comfortably anywhere in bioethics or medical law.
Foreword xiii
Preface xvii
Acknowledgements xix
Table of Cases
xxv
Table of Legislation
xxxi
1 Beginnings
1(23)
Steps 1 and 2 Sometimes Existing Tools Won't Do, and Dignity has to Step In
2(1)
Step 3 Usefulness in Hard Cases Suggests Usefulness in Easier Cases
3(1)
Step 4 (a) Dignity's Substantive Meaning, and (b) a Transactional Model of Deployment
4(15)
(a) What is Dignity?
4(11)
(b) Deploying the Notion of Dignity: a Transactional Model
15(3)
(c) Looking Back at this Pair of Steps
18(1)
Step 5 Dignity is the Bioethical Theory of Everything
19(2)
Step 6 Being Reassured by our Intuitions
21(1)
Assumptions about the Role of Law
22(2)
2 A Short History of Dignity
24(19)
The Emergence of Men
24(3)
The Ancient World
27(1)
Made in the Image of God: Judaeo-Christian Understandings of Human Dignity
28(4)
Subsequent Christian Understandings of Dignity
32(1)
The Middle Ages and the Renaissance
33(1)
More Footnotes on Stoicism: Kant and the Enlightenment
34(5)
The Popularisation of Dignity
39(1)
Dignity Today: an Introduction
40(3)
3 Defining and Dissecting Dignity
43(15)
Feldman
44(1)
Schroeder
45(1)
Killmister
46(3)
Clapham
49(1)
Bostrom
49(1)
Gormally and Lebech
50(3)
Kass
53(3)
Beyleveld and Brownsword
56(1)
Ronald Dworkin
57(1)
4 `Dignity is Useless'
58(10)
`Dignity is too Amorphous to be Useful'
58(4)
`Dignity is Intrinsically Religious, and Hence Suspect'
62(1)
The Autonomists
62(4)
Can Rights do the Job of Dignity?
66(2)
5 What do Non-philosophers and Non-lawyers Mean by Dignity?
68(12)
The Royal College of Nursing (UK)
72(1)
The Social Care Institute for Excellence (UK)
72(1)
The American Association of Colleges of Nursing (USA)
73(1)
The View from the Ward
74(6)
6 Taking Stock of the View from the Academy and the Ward
80(5)
7 Dignity in the Courtroom: General Overview
85(26)
Dignity in National and International Instruments
85(2)
International Instruments Dealing Specifically with Healthcare and Bioethics
87(5)
(a) The Convention for the Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine (the Oviedo Convention, 1997)
87(1)
(b) The Additional Protocol to the Oviedo Convention, concerning Biomedical Research
87(1)
(c) The Additional Protocol to the Oviedo Convention, on the Prohibition of Cloning Human Beings
88(1)
(d) The Additional Protocol to the Oviedo Convention, on Transplantation of Organs and Tissues of Human Origin
88(1)
(e) The Additional Protocol to the Oviedo Convention, on Genetic Testing for Health Purposes
88(1)
(f) The UNESCO Universal Declaration on Bioethics and Human Rights
88(1)
(g) The UNESCO Universal Declaration on the Human Genome and Human Rights
89(2)
(h) UNESCO International Declaration on Human Genetic Data
91(1)
(i) The World Medical Association Declaration of Helsinki: Ethical Principles for Medical Research involving Human Subjects
91(1)
What is Meant by `Dignity' in these and other Instruments?
92(3)
Throwing Dwarfs in France
95(2)
Dignity as the Most Basic Legal Value
97(1)
Dignity in the Bioethics Context: Have the Courts said Definitively what they mean by Dignity?
98(13)
Airedale NHS Trust v Bland
99(2)
Munby J in R (Burke) v General Medical Council
101(10)
8 Consent, Confidentiality, Privacy, Medical Research and Resources
111(23)
Consent
112(15)
Basics
112(1)
How Judges Judge
112(1)
The Problems of Ethical and Legal Pluralism
113(1)
Does Dignity add Anything to the Conventional Ways of Looking at Consent?
114(13)
Confidentiality and Privacy
127(2)
Medical Research
129(1)
Resources
130(4)
9 Human Enhancement and Cloning Technologies
134(20)
Cloning
135(10)
What about the Law?
143(2)
Enhancement
145(9)
(a) We're all enhancers anyway
148(2)
(b) Some enhancements are dignity-enhancing
150(4)
10 Reproductive Choice and the Unborn
154(11)
Reproductive Choice Generally
154(2)
General Dignity Observations on the Use of Therapeutic Cloning and other Reproductive Technology
156(3)
General Dignity Observations on Abortion
159(6)
11 The End of Life
165(8)
12 The Use and Abuse of Body Parts
173(4)
Epilogue 177(2)
Index 179
Charles Foster is a Fellow of Green Templeton College, University of Oxford. He teaches medical ethics and law at the University of Oxford, and is also a barrister practising medical law from Outer Temple Chambers, London.