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Full-Text Articles in Law
Informed Consent Without Autonomy, Daniel P. Sulmasy
Informed Consent Without Autonomy, Daniel P. Sulmasy
Fordham Urban Law Journal
This Essay explains why and how the Roman Catholic basis for informed consent is different from the secular basis. It argues that the Catholic basis, which is rooted in "natural law," is the better model for society to adopt. The author explains that the secular view is rooted in the belief that patient autonomy must never be violated but the Catholic view is based on human dignity, which simply requires doctors to allow patients to exercise their free will within moral limits. This view allows doctors to override patients' decisions if those decisions are morally wrong or irrational.
The Physician As Conscientious Objector, J. David Bleich
The Physician As Conscientious Objector, J. David Bleich
Fordham Urban Law Journal
This Article examines the right of doctors to object, because of conflicts with the doctor's own morals, to treatment requested or refused by patients. Focusing mainly on end-of-life care, the author compares court opinions allowing or prohibiting doctors to withhold or withdraw life-sustaining treatment at the request of patients or their surrogates.
Catholic Social Teaching And American Legal Perspective, Avery Cardinal Dulles, S.J.
Catholic Social Teaching And American Legal Perspective, Avery Cardinal Dulles, S.J.
Fordham Urban Law Journal
This Essay examines possible applications of Catholic social teachings to the practice and teaching of law. The author lists five major topics within Catholic social teaching: human dignity, the common good, solidarity, subsidiarity, and care of the environment. He then lists ways in which these ideals may be realized through the practice of law, including education, litigation, counseling, judging, and legislation.
Response To Avery Cardinal Dulles, John D. Feerick
Response To Avery Cardinal Dulles, John D. Feerick
Fordham Urban Law Journal
Dean Feerick responds to Avery Cardinal Dulles's essay and lecture "Catholic Social Teaching and American Legal Practice," 30 Fordham Urb. L.J., 277 (2002) (available at http://new.fordhamj.org/demonstration/dc/v30/27_30FordhamUrbLJ277(2002-2003).pdf). He expands upon the application of Catholic teachings to legal practice and highlights Fordham Law's implementation of those ideals.
Catholic Social Teaching And American Legal Practice: A Practical Response, Jennifer M. Mone
Catholic Social Teaching And American Legal Practice: A Practical Response, Jennifer M. Mone
Fordham Urban Law Journal
The author responds to Avery Cardinal Dulles's essay and lecture "Catholic Social Teaching and American Legal Practice," Fordham Urb. L.J., 277 (2002) (available at http://new.fordhamj.org/demonstration/dc/v30/27_30FordhamUrbLJ277(2002-2003).pdf). She provides a practical perspective on the applications of Catholic social teachings to the practice of law. She concludes that Catholic teachings and law intersect in two areas: in the lawyer's discretion and in the lawyer's professional interactions with others.
Religious Teachings And Reflections On Advance Directive - Religious Values And Legal Dilemmas In Bioethics: An Islamic Perspective, Faroque A. Khan
Religious Teachings And Reflections On Advance Directive - Religious Values And Legal Dilemmas In Bioethics: An Islamic Perspective, Faroque A. Khan
Fordham Urban Law Journal
This Essay analyses Islamic law and attempts to apply it to issues surrounding end-of-life care. The author concludes that Islam allows physicians to withdraw life-sustaining technologies if there is no hope for a cure, in the effort to prevent prolonged suffering.
Religion And The Public Defender, Sadiq Reza
Religion And The Public Defender, Sadiq Reza
Fordham Urban Law Journal
This essay argues that the public defender should not undertake, or fail to undertake, any action to the legal detriment of a client on the basis of a conflict the attorney perceives between religious and professional responsibility, except for imminent death or serious bodily harm to another. Having accepted the responsibility of representing indigent criminal defendants, the public defender is duty-bound to not compromise that responsibility for competing religious obligations. This argument rests on four premises: (1) the public defender occupies a unique position in our legal system, and options available to private interest lawyers or other clients should not …