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Legal Ethics and Professional Responsibility

2002

Religion

Articles 1 - 9 of 9

Full-Text Articles in Law

Is Tom Shaffer A Covenantal Lawyer?, Marie Failinger Jan 2002

Is Tom Shaffer A Covenantal Lawyer?, Marie Failinger

Faculty Scholarship

In this festschrift article in honor of Tom Shaffer, the author considers what Shaffer’s work may share with “covenantal” ethics, a form of ethical argument that is not interchangeable with other traditions familiar from Shaffer’s body of work, such as the ethics of friendship or care or the ethics of virtue. Describing the ancient understanding of covenants, the article explores a few of the complexities arising from covenantal ethics in a professional context, themes such as the creation of obligation by historical decision, which has implications for the treatment of strangers; the ambivalence of covenantal ethics on the value of …

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Toward Epistemic Justice: A Response To Professor Goldberg, Dominic J. Balestra Jan 2002

Toward Epistemic Justice: A Response To Professor Goldberg, Dominic J. Balestra

Fordham Urban Law Journal

This Article is a response to Steven Goldberg's article and lecture "Religious Contributions to the Bioethics Debate: Utilizing Legal Rights while Avoiding Scientific Temptations," 30 Fordham Urb. L.J., 35 (2002) (available at http://new.fordhamj.org/demonstration/dc/v30/13_30FordhamUrbLJ35(2002-2003).pdf). The author argues that the question is not the place of values in a world of fact, but the place of facts in a world of values.

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Protestant Perspectives On Informed Consent (Particularly In Research Involving Human Participants), James F. Childress Jan 2002

Protestant Perspectives On Informed Consent (Particularly In Research Involving Human Participants), James F. Childress

Fordham Urban Law Journal

This Article examines Protestant positions on informed consent/refusal regarding the use of human subjects in research. Primarily focusing on the work of Paul Ramsey, a Protestant scholar in science and ethics, the article describes the relationship between the God-man covenant and man-to-man covenants and the consequences thereof. Exploring the line between what Ramsey calls "charity" and "justice," the article finds differences between therapeutic and nontherapeutic research and who may participate with or without consent.

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Informed Consent Without Autonomy, Daniel P. Sulmasy Jan 2002

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.

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The Physician's Conscience, Conscience Clauses, And Religious Belief: A Catholic Perspective, Edmund D. Pellegrino Jan 2002

The Physician's Conscience, Conscience Clauses, And Religious Belief: A Catholic Perspective, Edmund D. Pellegrino

Fordham Urban Law Journal

This Essay explores how physicians may handle conflicts of conscience facing Roman Catholic health practitioners regarding "human life" issues, especially through conscience clauses. In five parts, the author examines "first, why conscientious objection is so important in our day; second, the moral grounding for freedom in the exercise of conscience; third, the components of the physician's conscience; fourth, specific conflicts of conscience for Catholic physicians and institutions; and fifth, competing models of conflict resolution."

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Religious Teachings And Reflections On Advance Directive - Religious Values And Legal Dilemmas In Bioethics: An Islamic Perspective, Faroque A. Khan Jan 2002

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.

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Response To Avery Cardinal Dulles, John D. Feerick Jan 2002

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.

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Catholic Social Teaching And American Legal Practice: A Practical Response, Jennifer M. Mone Jan 2002

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.

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Religious Contributions To The Bioethics Debate: Utilizing Legal Rights While Avoiding Scientific Temptations, Steven Goldberg Jan 2002

Religious Contributions To The Bioethics Debate: Utilizing Legal Rights While Avoiding Scientific Temptations, Steven Goldberg

Fordham Urban Law Journal

This Article explores the authors views on the place of religious debate concerning scientific issues. It outlines the author's concerns with religion becoming overshadowed by science, even within relgious communities, and his ideas on how religion may be brought to the forefront.

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