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Terminal Stress: An Analysis Of Jewish And Common Law Doctrines Related To The Effects Of Stress On Seriously Ill Patients, Martin Hirschprung
Terminal Stress: An Analysis Of Jewish And Common Law Doctrines Related To The Effects Of Stress On Seriously Ill Patients, Martin Hirschprung
martin hirschprung
This essay compares two American legal doctrines -- deathbed bequests and the therapeutic exception to informed consent -- with their Jewish law counterparts in order to contribute to the literature on these doctrines, evaluate recent empirical data and make suggestions concerning the current position of academics and practitioners. In this essay, I will explore the history and theory underlying the laws of delivery for deathbed bequests and the therapeutic exception to informed consent. In order to highlight the principles motivating the common law, I examine the Jewish law’s approach to these doctrines. I posit that Jewish law and common law …
Intellectual Property Rights And Detached Human Body Parts, Justine Pila
Intellectual Property Rights And Detached Human Body Parts, Justine Pila
Justine Pila
This paper responds to an invitation by the editors to consider whether the intellectual property (IP) regime suggests an appropriate model for protecting interests in detached human body parts. It begins by outlining the extent of existing IP protection for body parts in Europe, and the relevant strengths and weaknesses of the patent system in that regard. It then considers two further species of IP right of less obvious relevance. The first are the statutory rights of ownership conferred by domestic UK law in respect of employee inventions, and the second are the economic and moral rights recognized by European …
Medical Ethics And Law, Ranganath Vadapalli Vg.
Medical Ethics And Law, Ranganath Vadapalli Vg.
Dr. V.G.Ranganath
Law and Medical Ethics are disciplines with frequent areas of overlap, yet each discipline has unique parameters and a distinct focus. Medical ethics may be defined as follows : Medical ethics is a discipline/methodology for considering the implications of medical technology/treatment and what ought to be.
Morality And The Law, Arthur Lang
Morality And The Law, Arthur Lang
Arthur Lang
This paper includes a discussion of liberal and conservative theories of law and government and an analysis of the proper place of morality in the law. It follows the logical conclusions of California definition of feticide as homicide, the distinction between commission and omission, the understanding of marriage, the right to die, the law of necessity, privileges and immunities, and the prohibition of self mutilation. Original ideas include tracing substantive due process to Calhoun and the Compromise of 1850, a new answer to the theodicy, solution to the Kantian moral dilemma, the primacy of compassion and the recognition of being, …
Paging King Solomon: Towards Allowing Organ Donation From Anencephalic Infants, Fazal Khan
Paging King Solomon: Towards Allowing Organ Donation From Anencephalic Infants, Fazal Khan
Fazal Khan
The article, Paging King Solomon: Towards Allowing Organ Donation from Anencephalic Infants, argues that organ donation from anencephalic infants is ethically and legally justifiable. Anencephaly is a medical condition characterized by a lack of brain development above the brainstem, so such children often lack a cerebrum, cerebellum and a skull. With an intact brainstem, these children can maintain heart and lung function. Without higher brain functioning though, these children are not capable of human consciousness and they typically have very short life spans measured in days or weeks. The way in which an anencephalic infant dies typically destroys the suitability …
The Human Factor: Globalizing Ethical Standards In Drug Trials Through Market Exclusion, Fazal R. Khan
The Human Factor: Globalizing Ethical Standards In Drug Trials Through Market Exclusion, Fazal R. Khan
Fazal Khan
This paper proposes a framework of international soft law and domestic drug regulations to a priori remove incentives for unethical clinical drug research in developing nations. The globalization of drug testing is very problematic from a bioethics perspective. While stringent regulations in the U.S. or E.U. may pose an adequate check on unethical research practices, many multinational corporations are engaging in regulatory arbitrage by outsourcing ethically questionable research to countries with less restrictive regulations. Given the tremendous financial reward a blockbuster therapy might generate, there is a strong incentive to move more research and development to countries with even looser …