
Ethical Judgments
Re-Writing Medical Law
Hart Publishing
Published on 12. January 2017
Book
Paperback/Softback
312 pages
978-1-84946-579-3 (ISBN)
Description
This edited collection is designed to explore the ethical nature of judicial decision-making, particularly relating to cases in the health/medical sphere, where judges are often called upon to issue rulings on questions containing an explicit ethical component. However, judges do not receive any specific training in ethical decision-making, and often disown any place for ethics in their decision-making. Consequently, decisions made by judges do not present consistent or robust ethical theory, even when cases appear to rely on moral claims.
The project explores this dichotomy by imagining a world in which decisions by judges have to be ethically as well as legally valid. Nine specific cases are reinterpreted in light of that requirement by leading academics in the fields of medical law and bioethics. Two judgments are written in each case, allowing for different views to be presented. Two commentaries - one ethical and one legal - then explore the ramifications of the ethical judgments and provide an opportunity to explore the two judgments from additional ethical and legal perspectives. These four different approaches to each judgment allow for a rich and varied critique of the decisions and ethical theories and issues at play in each case.
The project explores this dichotomy by imagining a world in which decisions by judges have to be ethically as well as legally valid. Nine specific cases are reinterpreted in light of that requirement by leading academics in the fields of medical law and bioethics. Two judgments are written in each case, allowing for different views to be presented. Two commentaries - one ethical and one legal - then explore the ramifications of the ethical judgments and provide an opportunity to explore the two judgments from additional ethical and legal perspectives. These four different approaches to each judgment allow for a rich and varied critique of the decisions and ethical theories and issues at play in each case.
Reviews / Votes
The book is full of thought-provoking nuggets -- Alex RK * Mental Capacity Law and Policy * Ethical Judgments: Re-Writing Medical Law is an engaging and timely addition to the socio-legal literature on the interaction between medical law, ethics, and the judiciary ... The alternative judgements given in the book, often from quite different perspectives, coupled with the legal and ethical commentaries, provide a compelling demonstration of the "alternative histories" that might have been created within the field of medical law. -- Catriona McMillan, School of Law, University of Edinburgh * SCRIPTed * A strong collection of ideas and concepts, this book represents a unique opportunity to engage in some well-known decisions through fresh eyes. An interesting and thought provoking read that one can dip in and out of, the book also provides an excellent teaching tool for discussion and analysis. -- Bernadette Richards * European Journal of Health Law *More details
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
Product notice
Hardback (stationery)
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 17 mm
Weight
477 gr
ISBN-13
978-1-84946-579-3 (9781849465793)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions

E-Book
01/2017
1st Edition
Hart Publishing
€66.49
Available for download

E-Book
01/2017
1st Edition
Hart Publishing
€66.49
Available for download
Persons
Stephen W Smith is a Senior Lecturer in Medical Law and Ethics at Cardiff University.
John Coggon is Professor of Law at the University of Bristol.
Clark Hobson is a Teaching Fellow at Birmingham Law School, University of Birmingham.
Richard Huxtable is Professor of Medical Ethics & Law, and Deputy Director of the Centre for Ethics in Medicine at the University of Bristol.
Sheelagh McGuinness is Senior Lecturer in Law at the University of Bristol.
Jose Miola is Professor of Medical Law at the University of Leicester.
Mary Neal is a Senior Lecturer at the University of Strathclyde.
John Coggon is Professor of Law at the University of Bristol.
Clark Hobson is a Teaching Fellow at Birmingham Law School, University of Birmingham.
Richard Huxtable is Professor of Medical Ethics & Law, and Deputy Director of the Centre for Ethics in Medicine at the University of Bristol.
Sheelagh McGuinness is Senior Lecturer in Law at the University of Bristol.
Jose Miola is Professor of Medical Law at the University of Leicester.
Mary Neal is a Senior Lecturer at the University of Strathclyde.
Editor
Reader in LawUniversity of Manchester
Content
Introduction-Medicine in the Courtroom: Judges, Ethics and the Law
Re A (Conjoined Twins: Surgical Separation) [2001] Fam 147
R (on the Application of Axon) v Secretary of State for Health [2006] EWHC 37 (Admin)
Airedale NHS Trust v Bland [1993] AC 789
R v Human Fertilisation and Embryology Authority, ex parte Blood [1999] Fam 151
Bolitho v Hackney Health Authority [1998] AC 232
R v Bourne [1939] 1 KB 687
Chester v Afshar [2005] 1 AC 134
R (on the Application of Nicklinson and Another) v Ministry of Justice [2014] UKSC 38
St George's Healthcare NHS Trust v S [1999] Fam 26
Conclusion-Medical Law Rewritten
Re A (Conjoined Twins: Surgical Separation) [2001] Fam 147
R (on the Application of Axon) v Secretary of State for Health [2006] EWHC 37 (Admin)
Airedale NHS Trust v Bland [1993] AC 789
R v Human Fertilisation and Embryology Authority, ex parte Blood [1999] Fam 151
Bolitho v Hackney Health Authority [1998] AC 232
R v Bourne [1939] 1 KB 687
Chester v Afshar [2005] 1 AC 134
R (on the Application of Nicklinson and Another) v Ministry of Justice [2014] UKSC 38
St George's Healthcare NHS Trust v S [1999] Fam 26
Conclusion-Medical Law Rewritten