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Full-Text Articles in Torts
Relational And Liberal Feminism: The Ethic Of Care, Fetal Personhood And Autonomy, Joyce E. Mcconnell
Relational And Liberal Feminism: The Ethic Of Care, Fetal Personhood And Autonomy, Joyce E. Mcconnell
West Virginia Law Review
No abstract provided.
Informed Consent And Patients' Rights In Japan, Robert B. Leflar
Informed Consent And Patients' Rights In Japan, Robert B. Leflar
Robert B Leflar
This article analyzes the development of the concept of informed consent in the context of the culture and economics of Japanese medicine, and locates that development within the framework of the nation's civil law system. Part II sketches the cultural foundations of medical paternalism in Japan; explores the economic incentives (many of them administratively directed) that have sustained physicians' traditional dominant roles; and describes the judiciary's hesitancy to challenge physicians' professional discretion. Part III delineates the forces testing the paternalist model: the undermining of the physicians' personal knowledge of their patients that accompanies the shift from neighborhood clinic to high-tech …