Literature DB >> 18214685

The appeal to law to provide public answers to bioethical questions: it all depends what sort of answers you want.

Timothy James1.   

Abstract

Bioethics as an academic discipline comes into public discourse when real life "hard cases" receive media attention. Since cases of this sort increasingly often become the subject of litigation, the forum for debate can be a court of law, with judges as the final arbiters. Judges (unlike philosophers) are obliged to give final and definitive rulings in a constrained time period. Their training is in a type of discourse very different from moral philosophy, though still concerned with right and wrong. This paper explores the differences between the tools and methods used in public legal debate and private academic discourse, and the different nature of the answers they produce. It attempts to suggest some ways in which bioethicists can better understand lawyers' reasoning in cases of this sort, and how communication between bioethics and law might be improved.

Mesh:

Year:  2008        PMID: 18214685     DOI: 10.1007/s10728-007-0074-4

Source DB:  PubMed          Journal:  Health Care Anal        ISSN: 1065-3058


  4 in total

1.  R v. Human Fertilisation and Embryology Authority, ex parte Blood.

Authors: 
Journal:  All Engl Law Rep       Date:  1997-02-06

2.  Gillick v West Norfolk and Wisbech Area Health Authority.

Authors: 
Journal:  All Engl Law Rep       Date:  1984 Nov 19-Dec 20 (date of decision)

3.  Re J (A Minor) (Wardship: Medical Treatment)

Authors: 
Journal:  All Engl Law Rep       Date:  1990-10-15

4.  Conjoined twins: the legality and ethics of sacrifice.

Authors:  Sally Sheldon; Stephen Wilkinson
Journal:  Med Law Rev       Date:  1997       Impact factor: 1.267

  4 in total

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