Download Free Mcgill Journal Of Law And Health Book in PDF and EPUB Free Download. You can read online Mcgill Journal Of Law And Health and write the review.

Consent is used in many different social and legal contexts with the pervasive understanding that it is, and has always been, about autonomy – but has it? Beginning with an overview of consent’s role in law today, this book investigates the doctrine’s inseparable association with personal autonomy and its effect in producing both idealised and demonised forms of personhood and agency. This prompts a search for alternative understandings of consent. Through an exploration of sexual offences in Antiquity, medical practice in the Middle Ages, and the regulation of bodily harm on the present-day sports field, this book demonstrates that, in contrast to its common sense story of autonomy, consent more often operates as an act of submission than as a form of personal freedom or agency. The book explores the implications of this counter-narrative for the law’s contemporary uses of consent, arguing that the kind of freedom consent is meant to enact might be foreclosed by the very frame in which we think about autonomy itself. This book will be of interest to scholars of many aspects of law, history, and feminism as well as students of criminal law, bioethics, and political theory.
Well and Good presents a combination of classic and little-known cases in health care ethics. These cases, accompanied by information about the major ethical theories, give students a chance to grapple with the ethical challenges faced by health care practitioners, policy makers, and recipients. The authors’ narrative style and leading questions provoke interest and engagement, while allowing readers to work through complicated issues for themselves. This fourth edition includes an expanded discussion of feminist ethics, as well as new cases addressing pandemic ethics, humanitarian aid, the social determinants of health, research and Aboriginal communities, and a number of other emerging issues.
In the early twentieth century, the eugenics movement won many supporters with its promise that social ills such as venereal disease, alcoholism, and so-called feeble-mindedness, along with many other conditions, could be eliminated by selective human breeding and other measures. The provinces of Alberta and British Columbia passed legislation requiring that certain “unfit” individuals undergo reproductive sterilization. Ontario, being home to many leading proponents of eugenics, came close to doing the same. In the Public Good examines three legal processes that were used to advance eugenic ideas in Ontario between 1910 and 1938: legislative bills, provincial royal commissions, and the criminal trial of a young woman accused of distributing birth control information. Taken together, they reveal who in the province supported these ideas, how they were understood in relation to the public good, and how they were debated. Elizabeth Koester shows the ways in which the law was used both to promote and to deflect eugenics, and how the concept of the public good was used by supporters to add power to their cause. With eugenic thinking finding new footholds in the possibilities offered by reproductive technologies, proposals to link welfare entitlement to “voluntary” sterilization, and concerns about immigration, In the Public Good adds depth to our understanding. Its exploration of the historical relationship between eugenics and law in Ontario prepares us to face the implications of “newgenics” today.
Informed consent is the legal instrument that purports to protect an individual’s autonomy and defends against medical arbitrariness. This illuminating book investigates our evolving understanding of informed consent from a range of comparative and international perspectives, demonstrating the diversity of its interpretations around the world. Chapters offer a nuanced analysis of the problems that impede the understanding and implementation of the concept of informed consent and explore the contemporary challenges that continue to hinder both the patient and the medical community.
In Animals as Legal Beings, Maneesha Deckha critically examines how Canadian law and, by extension, other legal orders around the world, participate in the social construction of the human-animal divide and the abject rendering of animals as property. Through a rigorous but cogent analysis, Deckha calls for replacing the exploitative property classification for animals with a new transformative legal status or subjectivity called "beingness." In developing a new legal subjectivity for animals, one oriented toward respecting animals for who they are rather than their proximity to idealized versions of humanness, Animals as Legal Beings seeks to bring critical animal theorizations and animal law closer together. Throughout, Deckha draws upon the feminist animal care tradition, as well as feminist theories of embodiment and relationality, postcolonial theory, and critical animal studies. Her argument is critical of the liberal legal view of animals and directed at a legal subjectivity for animals attentive to their embodied vulnerability, and desirous of an animal-friendly cultural shift in the core foundations of anthropocentric legal systems. Theoretically informed yet accessibly presented, Animals as Legal Beings makes a significant contribution to an array of interdisciplinary debates and is an innovative and astute argument for a meaningful more-than-human turn in law and policy.