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Smith has packed an incredible amount of information into this relatively short and clearly written book. His erudition is unquestionable, and his knowledge of current trends in medical technology and the ethical issues surrounding them is obvious on every page. P. Jenkins, Choice George P. Smith is one of the world s leading experts on the legal and ethical issues raised by modern medicine. His book is a wide-ranging and deeply informed and considered analysis of those issues, with particular emphasis on the inequality with which the benefits of modern medicine are bestowed on the sick. Knowledgeable as well about the technical aspects of the biomedical revolution, Smith writes with insight and authority, and offers a perspective that will influence the policy debates. Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, US While much has been written about the various issues addressed in this book genetics, cloning, informed consent, organ donation Smith s book moves beyond traditional legal analysis, tying these issues together by examining them through the lens of distributive justice. He thus provides the reader with a unique and valuable perspective on this important area. Distributive Justice and the New Medicine will be of interest to all those interested in health law and bioethics and in particular for those interested in distributive justice. Belinda Bennett, Journal of Law, Social Justice and Global Development Professor George P. Smith s Distributive Justice and the New Medicine is a major new work by one of the world s leading medical lawyers. This book brings important new insights into the complex area of rationing health care resources and should be read by anyone interested in seeking to create a just society. Jonathan Herring, Exeter College, University of Oxford, UK Is the advancement of scientific knowledge and the development of biomedical technologies known as the New Medicine desirable? George P. Smith asks this fundamental question while also confronting the distribution of these scarce medical resources. Law, economics, medical science, philosophy and ethics all coalesce in this discussion of how to structure normative standards of conduct that will improve the quality of human life. The author begins by examining various economic constructs as aids for achieving a fair and equitable delivery of health care services. He then assesses their level of practical application and evaluates the costs and benefits to society of pursuing the development and use of the New Medicine . The book ends with a case study of organ and tissue transplantation that illustrates the implementation of distributive justice. The author concludes that as long as clinical medicine maintains its focus on healing and alleviating suffering among patients, a point of equilibrium will be reached that advances the common good. This timely and compelling exploration will be a must-read for scholars, researchers, policymakers and all those interested in advances in medical technology and the issues surrounding access to health care.
The issue of justice in the field of health care is becoming more central with concerns over access, cost and provision. Obamacare in the United States and the Health and Social Care Act 2012 in the United Kingdom are key examples illustrating the increasing pressure put on governments to find just and equitable solutions to the problem of health care provision. Justice and Profit in Health Care Law explores the influence of justice principles on the elaboration of laws reforming health care systems. By examining the role played by key for-profit stakeholders (doctors, employers and insurers), it tracks the evolution of distributive norms for the allocation of health care resources in western welfare states. Essentially, this book sheds light on the place given to justice in the health care law-making process in order to understand the place we wish to give these principles in future health care reforms.
This volume brings together ten essays that have been published over a period of more than two decades in a wide range of venues and arranges them in such a way as to demonstrate the systematic progression of the author's thinking. This volume bridges the disciplinary chasm between Bioethics and Political Philosophy.
This book presents important fields of research in public healthcare in India from an interdisciplinary and health systems perspectives. Discussing how the exchange of power between the health justice triad, viz., the State (judiciary as the arm of the State), legal and medical professions, and civil society, cumulatively shapes the outcomes of health justice for citizens, it provides insights into India’s juridico-legal processes and of seeking justice in healthcare. It critically assesses civil society’s counter-hegemonic role in bolstering justice in health care and examines the potential of transforming health care jurisprudence into health justice. Repositioning the social right to healthcare as integral to social citizenship and social justice, and opening avenues for inter-professional and interdisciplinary power discourse in public health policy research, the book is of interest to academics, practitioners, students, researchers, and the wide academic community working in public health care issues broadly.
Building and expanding upon the prior edition of Essentials of Health Justice, the new second edition of this unparalleled text explores the historical, structural, and legal underpinnings of racial, ethnic, gender-based, and ableist inequities in health, and provides a framework for students to consider how and why health inequity is tied to the ways that laws are structured and enforced. Additionally, it offers analysis of potential solutions and posits how law may be used as a tool to remedy health injustice. Written for a wide, interdisciplinary audience of students and scholars in public health, medicine, and law, as well as other health professions, this accessible text discusses both the systems and policies that influence health and explores opportunities to advocate for legal and policy change by public health practitioners and policymakers, physicians, health care professionals, lawyers, and lay people.
Whether there is a public health need for the containment and response to swine flu, or an individual need to access health care across the border for a hip operation to alleviate pain, the EU has an increasingly powerful role in the field of human health. Health law and policy is deeply tied into fundamental rights, bioethics and values, with important implications for individuals. However, it is also an expansive area of economic regulation, of social and state arrangements. The growing role of the EU in human health law and policy is contested, particularly as it has implications for the fundamental rights and values that are enshrined in national health law and policy. This book outlines, through case studies, how the expansion of EU power is taking place through law and policy, in both public health and health care. How is law and policy in the field of human health adopted, who are the institutional actors involved, and what is the impact of these developments for fundamental rights?
In a world beset by serious and unconscionable health disparities, by dangerous contagions that can circle our globalized planet in hours, and by a bewildering confusion of health actors and systems, humankind needs a new vision, a new architecture, new coordination among renewed systems to ensure central health capabilities for all. Global Health Justice and Governance lays out the critical problems facing the world today and offers a new theory of justice and governance as a way to resolve these seemingly intractable issues. A fundamental responsibility of society is to ensure human flourishing. The central role that health plays in flourishing places a unique claim on our public institutions and resources, to ensure central health capabilities to reduce premature death and avoid preventable morbidities. Faced with staggering inequalities, imperiling epidemics, and inadequate systems, the world desperately needs a new global health architecture. Global Health Justice and Governance lays out this vision.
Alasdair Maclean examines the ethical basis for consent to medical treatment and offers proposals for reform.
This book brings together the latest thinking in social justice and health policy and seeks to integrate a capabilities perspective with the demands of health and economic policies that impact on health
The criminal justice system now serves as the chief provider of health care services to a significant portion of society. This includes the provision of physical and mental health care for offender populations who require substantial health care resources. To date, little is known or understood with regard to how these services and programs are being delivered. This book addresses the gaps in our knowledge by presenting a range of studies detailing the daily practices that occur in places where criminal justice and public health systems intersect. This includes an assessment of sheriff agency emergency communication systems, a study of problem behaviours and health using a juvenile sample, the challenge of treating mentally ill prison inmates with note of important gender differences, the impact of case management on justice systems, and a review of substance abuse cessation programs among pregnant women currently serving probation and parole sentences. Also included is a policy piece in which the authors call for an integrated model that is neither criminological nor public health specific. These readings provide a range of empirical examples that highlight important successes and challenges facing the criminal justice and public health systems. They suggest that integration and partnerships represent the most efficacious means to reduce critical social problems such as violence, poor health, and criminality. This book was originally published as a special issue of Criminal Justice Studies.