Medical use of the human being can be described as the phenomenon of employing medical means to make use of humans individually and as a species. This is occurring on a vast scale across a diverse range of fields. Much of the time it is also very controversial. However, scholarly discourse has only tackled it in a fragmented way rather than as a whole. This book adroitly fills the gap. It argues that as a matter of ethics and human rights such use should only be permitted where compatible with respect for human worth. Having benchmarked what this means, it demonstrates through the use of case studies how the discourse, practice, governance and even law related to use has tended to fall short. As well as often being unproductive, counterproductive or even destructive in the ends that it pursues it has often pursued them in a manner that falls foul of imperative norms. Overall it presents a picture of a phenomenon that has far exceeded its acceptable limits and needs drastically reigning in.
Part 1: The case for respect as a basis for constraint of medical use of the human being
1 The ethical case for respect as the basis for constraint.
2. Alternative ethical benchmarks
3. Human rights based constraints
Part 2: Critically analyzing shortfalls in practice through the lens of respect
4. Abusive warfare related medical use of human beings.
5. Solid Organ Transplantation
6. Human Tissue Research
Scientific and clinical advances, social and political developments and the impact of healthcare on our lives raise profound ethical and legal questions. Medical law and ethics have become central to our understanding of these problems, and are important tools for the analysis and resolution of problems – real or imagined.
In this series, scholars at the forefront of biomedical law and ethics will contribute to the debates in this area, with accessible, thought-provoking, and sometimes controversial ideas. Each book in the series will develop an independent hypothesis and argue cogently for a particular position. One of the major contributions of this series is the extent to which both law and ethics are utilised in the content of the books, and the shape of the series itself.