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What happens when two systems, law and medicine, are joined in the arena of the court? This work deals with the structure and the premises of two diverse discourse models; the approach is anthropological. Several chapters are preponderantly based on legal research, addressing cases requiring testimony by expert witnesses on recent technologies used in the laboratories of medical scientists. Descriptions of other societies and cultures consider the identical problems of rights, privileges, and duties, and provide perspectives to cultural self-knowledge. This volume can be used as a text for courses taught in medical schools and law schools. It will be of particular interest to students taking courses in health science, public health, medical anthropology, forensic anthropology, psychology, sociology, public justice, behavioral sciences, forensic psychiatry, legal anthropology, social welfare, as well as courses on research models.
What happens when two systems, law and medicine, are joined in the arena of the court? This work deals with the structure and the premises of two diverse discourse models; the approach is anthropological. Several chapters are preponderantly based on legal research, addressing cases requiring testimony by expert witnesses on recent technologies used in the laboratories of medical scientists. Descriptions of other societies and cultures consider the identical problems of rights, privileges, and duties, and provide perspectives to cultural self-knowledge. This volume can be used as a text for courses taught in medical schools and law schools. It will be of particular interest to students taking courses in health science, public health, medical anthropology, forensic anthropology, psychology, sociology, public justice, behavioral sciences, forensic psychiatry, legal anthropology, social welfare, as well as courses on research models.
We’ve seen it before, with asbestos-related disease, leukaemia clusters and lung cancer caused by cigarettes. There tends to be a lag between the emergence of environmental risks and chemical injuries, and their recognition and therapeutic treatment by medicine and the law. Law, Environmental Illness and Medical Uncertainty examines how our society governs new health concerns as they emerge, and the barriers that face new and uncertain theories seeking recognition in the law. In this book, Tarryn Phillips focuses her investigation on the struggle over the controversial condition multiple chemical sensitivities, or MCS (also known as environmental illness). Presenting nine case studies where workers sought compensation for MCS from their multinational employers, she captures a nuanced portrait of their embittered, unequal battles over the scientific, legal and insurance paradigms for understanding toxic risk, environmental illness and the regulation of industry. It draws on three years of fieldwork in Australia, including interview data with lay people and sympathetic and sceptical experts, participant observation in the courtroom and textual analysis of official reports. The book gives a unique, ethnographic insight into the governance of risk and uncertainty within a neoliberal economy, medico-scientific controversies and courtroom dramas. It highlights how a skeptical approach towards emergent environmental concerns is encouraged within the current regime, and decision-makers face disincentives for taking a sympathetic approach. Compellingly written and easy to read, it should appeal widely to interested lay people, and students and scholars of science and technology studies, medical anthropology, sociology of health and illness, and critical legal studies.
This book offers a group of essays published in memory of David Thomasma, one of the leading humanists in the field of bioethics during the twentieth century. The authors represent many different countries and disciplines throughout the globe. The volume deals with the pressing issue of how to ground a universal bioethics in the context of the conflicted world of combative cultures and perspectives.
This book discusses medicine from an ethical perspective, whereas books on medical ethics more commonly present ethics from a bio-medical standpoint. The book is divided into 23 chapters. The introductory chapters present some basic concepts of medical ethics, such as the relation between the legal system and ethics, ethical documents, ethical theories, and ethical analysis. The following chapters address issues of importance in all fields of medicine: respecting autonomy, communication, relations within a healthcare team, professional malpractice, limited resources, and the portrait of a physician. In turn, the third part of the book focuses on ethical aspects in a broad range of medical activities – preventive medicine, human reproduction, genetics, pediatrics, intensive care, palliative medicine, clinical research, unproven methods in diagnostics and treatment, and the role of physicians who aren’t directly responsible for patient care. The last part presents students’ seminars with case stories. The book offers a valuable resource for physicians of all specialties, students of medicine, professionals, and students from other fields devoted to human health, journalists, and general readers with an interest in medicine.
This book provides an in-depth analysis of the ethical, social and philosophical issues related to modern genetic research and gene technology. The aim of the book is to introduce systematic research on the social and ethical impacts of the use and development of genetically modified organisms (GMOs) as well as the acquisition, use and storage of human genetic information (HGI). The book has been written from the viewpoint of social and political philosophy.
In this thoroughly revised fourth edition, with ten new chapters, the editors provide thought-provoking discussions on the importance of ethnicity in different cultural and social contexts. The authors focus especially on changing ethnic and national identities, on migration and ethnic minorities, on ethnic ascription versus self-definitions, and on shifting ethnic identities and political control. The international group of scholars examines ethnic identities, conflicts and accommodations around the globe, in Africa (including Zaire and South Africa), Belgium, Brazil, Bulgaria, Italy, Japan, Lithuania, Macedonia, the Netherlands, the United States, Thailand, and the former Yugoslavia. It will serve as an excellent text for courses in race & ethnic relations, and anthropology and ethnic studies.
This original book analyses and reimagines the concept of sustainable development in international law from a non-Western legal perspective. Built upon the intersection of law, politics, and history in the context of Africa, its peoples and their experiences, customary law and other legal cosmologies, this ground-breaking study applies a critical legal analysis to Africa's interaction with conceptualising and operationalising sustainable development. It proposes a turn to non-Western legal normativity as the foundational principle for reimagining sustainable development in international law. It highlights eco-legal philosophies and principles in remaking sustainable development where ecological integrity assumes a central focus in the reimagined conceptualisation and operationalisation of sustainable development. While this pioneering book highlights Africa as its analytical pivot, its arguments and proposals are useful beyond Africa. Connecting global discourses on nature, the environment, rights and development, Godwin Eli Kwadzo Dzah illuminates our current thinking on sustainable development in international law.
Bioethicists, moral philosophers and social policy analysts have long debated about how we should decide who shall be saved with scarce, lifesaving resources when not all can be saved. It is often claimed that it is fairer to save younger persons and that age is an ethically relevant consideration in such tragic decisions. Medical benefit should be maximized and final selection should aim to minimize the contaminating influence of chance. These claims are challenged by Duff R. Waring in Medical Benefit and the Human Lottery, one of the few books that attempts a sustained defence of random patient selection. This book combines ethics and political philosophy in its novel and strict egalitarian approach to patient selection for transplantable organs. Waring addresses the question of whether we should choose between lives on the basis of fair chances or best outcomes. He argues that final selection criteria should be based on fair chances that equalize opportunity as opposed to best outcomes. His defence of "hardy" egalitarianism aims to show that random selection by lottery can affirm both a common humanity and the equal value of lives. The notion of patient selection by lottery has not fared well in bioethics and has been regarded by some as a moral affront. Waring argues that a human selection lottery may be neither as crude nor as ethically anomalous as some have supposed. Indeed, it can reflect a familiar conception of equality as a political and moral ideal. This conception abstracts from many undeniable differences between patients and claims that scarce resources should be allocated on the principled assumption that each of their lives is equally worth saving. The book is also notable for its critiques of some recent utilitarian notions of medical benefit which can have an age-biased impact on elderly patients. Waring then argues against the leading, contemporary age-based approaches to patient selection. He explores the way random selection by lottery can affirm his egalitarian ethos in cases where eligible transplant candidates have each passed a threshold level of prospective medical benefit that has been set by democratic deliberation. Taming chance with a human lottery is defended as the most lucid means of ensuring equal opportunity. In so doing, Waring argues that we give the principle of equal concern and respect a radical expression: above a noncomparative threshold of medical benefit, each candidate can have an equal claim to life.
This book presents a critical analysis of the debate in Muslim countries at the religious, legal and political level, sparked by the introduction of new biomedical technologies such as cloning, genetics, organ transplants and in vitro fertilisation. The book draws on law, sociology, anthropology, politics and the history of science. For this reason it will be of interest to scholars and operators in a wide variety of disciplines and fields.