Bioethics in Law

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Springer Science & Business Media, Nov 9, 2007 - Medical - 186 pages
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The idea for Bioethics in Law began more than a decade ago, while I was studying social science and law. I was parti- larly interested in the collaborations that comprised social s- ence in law. Economic and social data in the pioneering Brandeis brief had been used to defend an early 20th-century labor law; surveys of consumer confusion had helped resolve trademark - fringement cases; psychologists’ predictions of future violence had informed capital sentencing decisions. Additionally, Kenneth Clark’s “doll studies,” cited by the Supreme Court in Brown v. Board of Education, had helped change the course of American 1 history. During that time, however, I was most intensely interested in bioethics, a relatively young field whose relationships to law had not been well analyzed. I wondered whether there could or should be a bioethics in law, because bioethics, unlike the social sciences, was not only in its infancy, but also had distinctly normative features, which might not mesh easily with law’s own normativity.
 

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Contents

At the Interface of Bioethics and Law
1
How Does Bioethics Help Judicial Reasoning?
13
Health Care Ethics Committee Determinations
41
Institutional Review Board Determinations
57
Bioethics Commission Reports
73
Bioethics Scholarship
99
General Acceptance
121
Experience
155
Copyright

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About the author (2007)

Bethany Spielman is an assistant professor of medical humanities at the Southern Illinois University School of Medicine and an assistant professor of medical jurisprudence at the Southern Illinois University School of Law. A contributor to the "Journal of Law, Medicine, and Ethics, "the "Kennedy Institute of Ethics Journal, "and the "Cambridge Quarterly of Healthcare Ethics, "her research centers on the interface between law and clinical medical ethics.

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