Religion, Medicine and the Law

Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Dedication -- Table of Contents -- Acknowledgements -- 1. Introduction -- Aim and overview of the book -- Aim of the chapter -- Rationale for focus on Abrahamic religions in the case studies -- Rationale for consideration of legal...

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Bibliographic Details
Main Author: Ó Néill, Clayton (Author)
Format: Electronic Book
Language:English
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Published: Milton Routledge 2018
In:Year: 2018
Series/Journal:Biomedical Law and Ethics Library
Online Access: Volltext (Aggregator)
Parallel Edition:Erscheint auch als: Ó Néill, Clayton: Religion, Medicine and the Law. - Milton : Routledge,c2018. - 9780815359470
Description
Summary:Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Dedication -- Table of Contents -- Acknowledgements -- 1. Introduction -- Aim and overview of the book -- Aim of the chapter -- Rationale for focus on Abrahamic religions in the case studies -- Rationale for consideration of legal idealism as an approach to evaluating the adequacy of the legal protection afforded to the manifestation of religious belief -- Context of the book -- Human rights, religious belief and medical law -- Public reason and the formation of legislation: theory around legislative decision-making -- Chapter roadmap -- Potential impact of the book -- Conclusion -- References -- 2. Mode of inquiry: an indirect application of the principle of generic consistency -- Introduction -- The case study chapters -- Definitions of key terminology concerning the PGC -- Three stages of the dialectically necessary argument for the PGC -- Beyleveld's dialectically contingent argument for the PGC -- Direct versus indirect application of the PGC -- Meta-principles of the PGC -- Resolution: adoption of three questions -- Gewirthia -- Non-Gewirthia (English law/society) -- Conclusion -- References -- 3. The religiously inspired principle of double effect in English medical law -- Introduction -- Double effect and its roots in Catholicism -- Foresight versus intentionality -- The sanctity of life and its connection to double effect -- Question 1: How have English law and the ECtHR dealt with the issue? -- Double effect in the courts -- The use of defence of necessity in the courts instead of reliance on the principle of double effect -- Summary of existing stance -- Question 2: Why is this sufficient or insufficient in the context of the PGC? -- Question 3: Is there an alternative approach that will provide greater compliance with the framework? -- Position in Gewirthia
Proposed approaches in non-Gewirthian (English) society/law -- Conclusion -- References -- 4. Adult Jehovah's Witnesses and refusal of blood transfusions in English medical law -- Introduction -- Jehovah's Witnesses and blood transfusions: shifting sands -- Question 1: How have English law and the ECtHR dealt with the issue of adult Jehovah's Witnesses who refuse blood transfusions? -- Two relevant general cases relating to consent, legal capacity, best interests, and medical law -- Specific cases relating to Jehovah's Witnesses who refuse blood transfusions -- Jurisprudence of the European Court of Human Rights -- Borderline legal capacity not directly covered by the MCA -- Undue influence and adults -- Summary of current law -- Question 2: Re adults: why is this current law sufficient or insufficient in the context of the PGC? -- Question 3: Is there an alternative approach in the context of adults that will provide greater compliance with the framework? -- Conclusion -- References -- 5. Children, Jehovah's Witnesses, and refusal of blood transfusions -- Introduction -- Question 1: How have English law and the ECtHR dealt with the issue of Jehovah's Witness children who refuse blood transfusions? -- Question 2: Why is this approach, as it pertains to children, sufficient or insufficient in the context of the PGC? -- Question 3: Are there alternative PGC-compliant approaches to the current law? -- Conclusion -- References -- 6. Ritual male circumcision and the manifestation of religious belief in English medical law -- Introduction -- What is non-therapeutic circumcision? -- Importance of ritual male circumcision in Abrahamic religions -- Medical guidelines on ritual male circumcision -- Question 1: How have English law and the ECtHR dealt with the issue of ritual male circumcision? -- Circumcision and the law of England
Question 2: Why is this approach sufficient or insufficient in the context of the PGC? -- Question 3: Is there an alternative approach that will provide greater compliance with the framework? -- Conclusion -- References -- 7. Illegal circumcision: Female Genital Mutilation -- Introduction -- Rationale for inclusion of FGM in this book -- Risks associated with FGM -- Dissent and discourse -- Question 1 How have English law and the ECtHR dealt with the issue of FGM? -- Question 2: Why is this approach to FGM under English law sufficient or insufficient in the context of the PGC? -- Question 3: Is there an alternative approach that will provide greater compliance with the framework? -- Conclusion -- References -- 8. Is appropriate protection given under English law to conscientious objection to abortion? -- Introduction -- Conscience: a multi-hued tapestry -- Question 1: How have English law and the ECtHR dealt with the issue? -- Conscientious objection in the English courts: two seminal cases -- Question 2: Why is this sufficient or insufficient in the context of the PGC? -- Question 3: Is there an alternative approach that will provide greater compliance with the framework? -- Conclusion -- References -- 9. Conclusion -- Introduction -- Towards a theory of decision-making: the role of the framework, the legislature, the judiciary and its impact on citizens -- The potential impact of this book -- Principal findings of this book -- Alternative approaches argued for in the case studies: -- Widening the context and broadening the horizon: applying the framework to non-Abrahamic religious beliefs in medical law -- A brave new world: religious belief, technology, and medical law into the future -- Conclusion: a road less travelled -- References -- Index
ISBN:1351120611