scholarly journals Challenges of traditional bioethical principles in the implementation of contemporary standards of medical law

2012 ◽  
Vol 23 (4) ◽  
pp. 71-79
Author(s):  
Hajrija Mujovic-Zornic
Keyword(s):  
Medical Ethics ◽  
Legal Theory ◽  
Ethical Reasoning ◽  
Theoretical Aspect ◽  
Practical Aspect ◽  
Biomedical Ethics ◽  
Theory And Practice ◽  
Medical Decision ◽  
Medical Law ◽  
Law And Ethics

The paper focuses on issues of development dimensions of Medical Law and its ongoing process of standardization and harmonization on one hand, versus the traditionally rooted and available principles of biomedical ethics, on the other. The collision of new legal institutes and the spread of human rights protections is evident. This paper follows the theory and practice of medical ethics and medical law. The theoretical aspect points out medical ethics as one of the sources of medical law. Legal theory makes a distinction between formal and autonomous sources of medical law. Even though ethics is morally much higher, law prevails because it has stronger sanctions and legal power. In its practical aspect, this paper gives examples of different situations of medical decision-making processes. Ethical rules are of the utmost relevance in the domain of confidentiality and options of medical treatment. But, in concrete medical procedures, where legal positions of patients are evidently very significant, law has a more distinct function. Therefore, explaining particular cases from medical malpractice, such as cases of penal, civil or professional liability have an ethical dimension as well. Members of medical professions in Serbia often find these cases unfair. Mostly this is the consequence of ignorance in this kind of medical law and ethics relations. A discussion about practical cases has in that sense a self-learning component, which could be developed to strengthen ethical reasoning and judgment.

The loved ones: families, intimates and patient autonomy

Legal Studies ◽  
2003 ◽  
Vol 23 (2) ◽  
pp. 332-358 ◽  
Author(s):  
Katherine O'Donovan ◽  
Roy Gilbar
Keyword(s):  
Medical Ethics ◽  
Genetic Information ◽  
Patient Autonomy ◽  
Medical Law ◽  
Central Values ◽  
Patients Rights ◽  
Law And Ethics ◽  
The Family ◽  
Legal Position ◽  
The Individual

Patient autonomy is one of the central values in medical ethics. It is generally understood as recognition of patients' rights as free individuals answerable only to themselves. This emphasis on the individual leaves open the question of the position of the patients' ‘loved ones’, that is of families and significant others. The authors examine this question in three areas of law and medical ethics. Organ donation offers an example of preference given by medical ethics to family views, notwithstanding an expressed wish of the deceased to donate, and the legal position protecting such a request. Decisions concerning the treatment of incompetent patients illustrate consideration for the family in medical ethics, but hesitations in both law and ethics in accepting family views once expressed. And the tension between the interests of patients and family members over the access to genetic information usually results in respecting the patient's right to confidentiality. This individualistic perception of autonomy, as adopted by medical law, overlooks the patient's relationships with others and is too narrow to face the complexities of human lives.

Feminism, Ethics of Care, and Medical Ethics

2019 ◽  
pp. 26-45
Author(s):  
Jonathan Herring
Keyword(s):  
Medical Ethics ◽  
Intellectual History ◽  
Ethics Of Care ◽  
Medical Law ◽  
Law And Ethics ◽  
Bioethical Issues ◽  
Definition Of

This chapter explores the nature of ethics of care, which has become a highly influential approach to ethical questions. It summarizes its intellectual history and provides a definition of the concept of care. It then sets out the main themes of the approach and considers some of the objections that have been raised to it. The chapter provides some examples of ways in which ethics of care could be used to resolve difficult issues that arise in medical law and ethics. It also explores other feminist approaches to bioethical issues and the significance of ethics of care for medical law.

The relationship between medical law and ethics

2006 ◽  
Vol 1 (1) ◽  
pp. 22-25 ◽  
Author(s):  
J Miola
Keyword(s):  
Medical Ethics ◽  
The Other ◽  
Royal Infirmary ◽  
Medical Law ◽  
Law And Ethics ◽  
Ethical Content ◽  
Consistent Manner ◽  
The Relationship

This article seeks to identify a 'problem' in the interaction between medical law and ethics, which is that neither fully appreciates how the other works. In particular, it argues that medical law has not only failed to formulate a consistent conception of the role that medical ethics performs, but it does not adequately differentiate between categories of medical ethics discourse. Consequently, the ethical content of a case, if identified at all, will not be dealt with in a consistent manner. The article further argues that medical ethics does not recognize the power that law gives to it, and that the result is a regulatory vacuum. It then uses the findings of the Bristol Royal Infirmary Report to demonstrate, by analogy, how this may lead to problems.

Medical Law and Medical Ethics

2014 ◽  
Author(s):  
Nils Hoppe ◽  
José Miola
Keyword(s):  
Medical Ethics ◽  
Medical Law

Medical ethics and the learner-centred approach: Developing materials on organ transplant and euthanasia in an English as a foreign language classroom in higher education

2016 ◽  
Vol 6 (1) ◽  
Author(s):  
Valéria Jamrichová ◽  
Katarína Zamborová
Keyword(s):  
Foreign Language ◽  
Medical Ethics ◽  
Learning Process ◽  
Organ Transplant ◽  
Theory And Practice ◽  
The Internet ◽  
Materials Development ◽  
Teachers And Students ◽  
Health Studies ◽  
Sensitive Issues

AbstractA learner-centred approach puts students amidst the learning process and helps them become involved in that process. It provides an opportunity for students to choose and direct the course of the lesson. This approach is especially appropriate when dealing with ethical concerns that might be sensitive issues. When it comes to the sources for the development of teaching materials, the Internet provides numerous possibilities. Not only does it enable students to choose from a wide variety of topics but it also offers, for both teachers and students, a chance to develop their own up-to-date materials through which students improve their language skills. Nonetheless, teachers can help their students to become more autonomous and develop strategies for lifelong learning. The aim of this article is to provide ideas on materials development for teaching English as a foreign language to students of medicine and health studies and to link theory and practice in the Slovak context. Specifically, it focuses on how topics in medical ethics, such as organ transplant and euthanasia, could be taught by emphasizing the learner-centred approach. Involving the student in the learning process and using the Internet as an easily accessible source enables students to develop their skills and strategies, which will help them become more autonomous, and thus develop their confidence in dealing with authentic English outside the classroom.

Common Morality Principles in Biomedical Ethics: Responses to Critics

2021 ◽  
pp. 1-13
Author(s):  
James F. Childress ◽  
Tom L. Beauchamp
Keyword(s):  
Medical Ethics ◽  
Moral Theory ◽  
Biomedical Ethics ◽  
Common Morality ◽  
Moral Change

Abstract After briefly sketching common-morality principlism, as presented in Principles of Biomedical Ethics, this paper responds to two recent sets of challenges to this framework. The first challenge claims that medical ethics is autonomous and unique and thus not a form of, or justified or guided by, a common morality or by any external morality or moral theory. The second challenge denies that there is a common morality and insists that futile efforts to develop common-morality approaches to bioethics limit diversity and prevent needed moral change. This paper argues that these two critiques fundamentally fail because they significantly misunderstand their target and because their proposed alternatives have major deficiencies and encounter insurmountable problems.

Neuroethics

2017 ◽  
Author(s):  
Stephen J. Morse
Keyword(s):  
Legal Theory ◽  
Civil Liberty ◽  
Functional Brain Imaging ◽  
Theory And Practice ◽  
Criminal Cases ◽  
Normal Functioning ◽  
Scientific Status ◽  
Life Issues ◽  
End Of Life Issues ◽  
Do So

This chapter discusses whether the findings of the new neuroscience based largely on functional brain imaging raise new normative questions and entail normative conclusions for ethical and legal theory and practice. After reviewing the source of optimism about neuroscientific contributions and the current scientific status of neuroscience, it addresses a radical challenge neuroscience allegedly presents: whether neuroscience proves persons do not have agency. It then considers a series of discrete topics in neuroethics and neurolaw, including the “problem” of responsibility, enhancement of normal functioning, threats to civil liberty, competence, informed consent, end-of-life issues, neuroevidence in criminal cases, and the ethics of caution. It suggests that the ethical and legal resources to respond to the findings of neuroscience already exist and will do so for the foreseeable future.

scholarly journals AMENDMENTS TO THE CONSTITUTIONS OF THE REPUBLIC OF BULGARIA AND THE REPUBLIC OF KAZAKHSTAN: REGULATORY REQUIREMENTS AND ISSUES (COMPARATIVE ASPECTS)

2020 ◽  
pp. 80-88
Author(s):  
Y. Stoilov
Keyword(s):  
Legal Theory ◽  
Theory And Practice ◽  
Solid Core ◽  
Regulatory Requirements ◽  
National Assembly ◽  
The Republic ◽  
The Way

The article compares conditions and procedures for the adoption of Constitution and amendments to thecurrent constitution between the Republic of Bulgaria and the Republic of Kazakhstan. The criteria used inthe legal theory for the classification of the constitutions according to the way of their change are used. Bothconstitutions refer to the category of the hard. Bulgaria has a solid core of the constitution, which can onlybe changed by a specially elected institution — a Great (Grand) National Assembly. In Kazakhstan there areeven texts that are not subject to change. The experience of several changes to the two basic laws has beenconsidered. Whit them some of the questions have been answered by juridical theory and practice, whileothers remain open. At the end, conclusions are drawn from the parallel between the changes to the bothconstitutions, some of which are of universal significance.

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