1st Edition
Leading Works in Health Law and Ethics
Health and healthcare are vitally important to all of us, and academic interest in the law regulating health has, over the last 50 years, become an important field of academic study. An analysis of the development of, changes in, and scope of health law and ethics to date, is both timely and of interest to students and scholars alike, along with an exploration of its likely future development. This work brings together contributions from leading and emerging scholars in the field. Each contributor has been invited to select and analyse a ‘leading work’, which has for them shed light on the way that health law and ethics has developed. The chapters are both autobiographical, reflecting upon the works that have proved significant to contributors, and also critical analyses of the current state of the field. This collection also includes a specially written Introduction and Conclusion, which critically reflect upon the development of health law and ethics and its likely future developments in the light of the reflections by contributors on their chosen leading works. The book will be of interest to students, teachers, and researchers in health law and ethics, as it provides critical discussions and assessments of some of the leading scholarship in the field.
Notes on contributors
Acknowledgements
1 Introduction
SARA FOVARGUE AND CRAIG PURSHOUSE
2 Altruism, markets, and the importance of the social contract in healthcare: Richard Titmuss’s The Gift Relationship
ANNE-MAREE FARRELL
3 Principled effects: The importance of Beauchamp and Childress’s Principles of Biomedical Ethics
STEPHEN W SMITH
4 The realisation of human rights in mental health law: Larry Gostin’s ‘The ideology of entitlement: The application of contemporary legal approaches to psychiatry’
JUDY LAING
5 ‘Master of medical law’? Peter Skegg’s Law, Ethics, and Medicine and the denial of life-prolonging treatment
RICHARD HUXTABLE
6 The Warnock Report on Human Fertilisation and Embryology (1984)
EMMA CAVE
7 Identifying the disease but not the cure: Ian Kennedy’s ‘What is a medical decision?’
JOSÉ MIOLA
8 Taking the long view: David Rothman’s Strangers at the Bedside: A History of How Law and Bioethics Transformed Medical Decision Making
MARY DONNELLY AND BARRY LYONS
9 How to control disease transmission: Margaret Brazier and John Harris’s ‘Public health and private lives’
CRAIG PURSHOUSE
10 The importance of listening to patients: Sarah Franklin’s Embodied Progress: A Cultural Account of Assisted Conception
EMILY JACKSON
11 Integrating feminisms’ perspectives into the legal curriculum: Feminist Perspectives on Health Care Law
SARA FOVARGUE
12 Emily Jackson, Regulating Reproduction: Law, Technology, and Autonomy
JO BRIDGEMAN
13 Disclosing genetic information within families and beyond: Graeme Laurie’s Genetic Privacy: A Challenge to Medico-Legal Norms
ROY GILBAR
14 Setting a research agenda for mental capacity law: Mary Donnelly’s Healthcare Decision-Making and the Law
JAIME LINDSEY
15 Thinking carefully about organ donation: Janet Radcliffe-Richards’s The Ethics of Transplants: Why Careless Thought Costs Lives
BONNIE VENTER
16 Cohering the normative and the empirical: Jonathan Ives’s ‘A method of reflexive balancing in a pragmatic, interdisciplinary and reflexive bioethics’
LOUISE AUSTIN
Contents ix
17 Learning lessons about how to learn from mistakes: Errors, Medicine and the Law
SARAH DEVANEY
18 Reflections on these leading works
BERNADETTE RICHARDS
Index
Biography
Sara Fovargue is Professor of Law in the School of Law at the University of Sheffield, England.
Craig Purshouse is a senior lecturer in Law at the University of Liverpool, England.
