ALTRUISM RECONSIDERED EXPLORING NEW APPROACHES TO PROPERTY IN HUMAN TISSUE MEDICAL LAW AND ETHICS

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Altruism Reconsidered

Author : Peter Sýkora
ISBN : 9781317182498
Genre : Law
File Size : 78.98 MB
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As the use of human body parts has become increasingly commercialized, a need has arisen for new approaches to regulation that moves beyond the paradigm of altruism. During the course of this discussion, the notion of property has become a key concept. Focusing on practical and conceptual perspectives, the multidisciplinary group of authors, which includes specialists in philosophy, law, sociology, biology and medicine, have come together with practicing lawyers to consider both legal provisions and patterns of regulation in countries across Europe. Identifying divergences between different legal traditions, the authors explore various conceptual models which could be used to improve and to guide policy making. With this twin focus on practical and conceptual perspectives, this volume sets the standard for a detailed and innovative discussion of issues surrounding the regulation of research on human tissue.
Category: Law

Ethics Law And Governance Of Biobanking

Author : Deborah Mascalzoni
ISBN : 9789401795739
Genre : Medical
File Size : 56.4 MB
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Biobank research and genomic information are changing the way we look at health and medicine. Genomics challenges our values and has always been controversial and difficult to regulate. In the future lies the promise of tailored medical treatments and pharmacogenomics but the borders between medical research and clinical practice are becoming blurred. We see sequencing platforms for research that can have diagnostic value for patients. Clinical applications and research have been kept separate, but the blurring lines challenges existing regulations and ethical frameworks. Then how do we regulate it? This book contains an overview of the existing regulatory landscape for biobank research in the Western world and some critical chapters to show how regulations and ethical frameworks are developed and work. How should international sharing work? How design an ethical informed consent? An underlying critique: the regulatory systems are becoming increasingly complex and opaque. The international community is building systems that should respond to that. According to the authors in fact, it is time to turn the ship around. Biobank researchers have a moral responsibility to look at and assess their work in relation to the bigger picture: the shared norms and values of current society. Research ethics shouldn’t only be a matter of bioethicists writing guidelines that professionals have to follow. Ethics should be practiced through discourse and regulatory frameworks need to be part of that public discourse. Ethics review should be then not merely application of bureaucracy and a burden for researchers but an arena where researchers discuss their projects, receive advice and practice their ethics skills.
Category: Medical

Bioequity Property And The Human Body

Author : Nils Hoppe
ISBN : 9781317174257
Genre : Law
File Size : 22.54 MB
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Recent scandals involving the use of human body parts have highlighted the need for legal clarification surrounding property law and the use of human tissue. This book advances the notion that the legal basis for dealing with this is already available in the law but has thus far neither been used nor discussed. Proposing an alternative approach to constructing entitlements in human tissue and resolving resulting property conflicts, a new methodology is also advanced for abstracting different concepts within the debate which enables comparison and distinction between different cases of entitlement and retention.
Category: Law

Personhood And Health Care

Author : David C. Thomasma
ISBN : 9789401725729
Genre : Philosophy
File Size : 53.20 MB
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PERSONHOOD AND HEALTH CARE This book arose as a result of a pre-conference devoted to the topic held June 28, 1999 in Paris, France. The pre-conference preceded the Annual Congress of the International Academy ofLaw and Mental Health. Other chapters were solicited after the conference in order to more completely explore the relation of personhood to health care. The pre conference was held in honor of Yves Pelicier who led so many of our French colleagues in medicine, philosophy, and ethics as Christian Herve notes in his Tribute. As health care is aimed at healing persons, it is important to realize how difficult it is to construct a theory of personhood for health care, and thus, a theory of how healing in health care comes about or ought to occur. The book is divided into four parts, Concepts of the Person, Theories of Personhood in Relation to Health Care and Bioethics, Person and Identity, and Personhood and Hs Relations. Each section explores a critical arena in constructing the relation of personhood to health care. Although no exploration ofthis nature can be exhaustive, every effort was made to present both conflicting and complementary views of personhood from within similar and different philosophical and religious traditions. PART ONE: CONCEPTS OF THE PERSON Tracing the origins of the concept of person from antiquity through present day, Jean Delemeau provides an historical sketch of the development of a wide range of meanings.
Category: Philosophy

Biomedical Ethics And The Law

Author : James M. Humber
ISBN : 9781468422238
Genre : Philosophy
File Size : 90.69 MB
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In the past few years an increasing number of colleges and universities have added courses in biomedical ethics to their curricula. To some extent, these additions serve to satisfy student demands for "relevance. " But it is also true that such changes reflect a deepening desire on the part of the academic community to deal effectively with a host of problems which must be solved if we are to have a health-care delivery system which is efficient, humane, and just. To a large degree, these problems are the unique result of both rapidly changing moral values and dramatic advances in biomedical technology. The past decade has witnessed sudden and conspicuous controversy over the morality and legality of new practices relating to abortion, therapy for the mentally ill, experimentation using human subjects, forms of genetic interven tion, suicide, and euthanasia. Malpractice suits abound and astronomical fees for malpractice insurance threaten the very possibility of medical and health-care practice. Without the backing of a clear moral consensus, the law is frequently forced into resolving these conflicts only to see the moral issues involved still hotly debated and the validity of existing law further questioned. In the case of abortion, for example, the laws have changed radically, and the widely pub licized recent conviction of Dr. Edelin in Boston has done little to foster a moral consensus or even render the exact status of the law beyond reasonable question.
Category: Philosophy

The Data Of Ethics

Author : Herbert Spencer
ISBN :
Genre : Science
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A reference to the programme of the "System of Synthetic Philosophy" will show that the chapters herewith issued constitute the first division of the work on the Principles of Morality, with which the System ends. As the second and third volumes of the Principles of Sociology are as yet unpublished, this installment of the succeeding work appears out of its place. I have been led thus to deviate from the order originally set down by the fear that persistence in conforming to it might result in leaving the final work of the series unexecuted. Hints, repeated of late years with increasing frequency and distinctness, have shown me that health may permanently fail, even if life does not end, before I reach the last part of the task I have marked out for myself. This last part of the task it is to which I regard all the preceding parts as subsidiary. Written as far back as 1842, my first essay, consisting of letters on The Proper Sphere of Government, vaguely indicated what I conceived to be certain general principles of right and wrong in political conduct, and from that time onward my ultimate purpose, lying behind all proximate purposes, has been that of finding for the principles of right and wrong, in conduct at large, a scientific basis. To leave this purpose unfulfilled, after making so extensive a preparation for fulfilling it, would be a failure the probability of which I do not like to contemplate, and I am anxious to preclude it, if not wholly, still partially. Hence the step I now take. Though this first division of the work terminating the Synthetic Philosophy, cannot, of course, contain the specific conclusions to be set forth in the entire work, yet it implies them in such wise that, definitely to formulate them requires nothing beyond logical deduction.
Category: Science

The Cambridge Handbook Of Consumer Privacy

Author : Evan Selinger
ISBN : 9781316859278
Genre : Law
File Size : 38.22 MB
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Businesses are rushing to collect personal data to fuel surging demand. Data enthusiasts claim personal information that's obtained from the commercial internet, including mobile platforms, social networks, cloud computing, and connected devices, will unlock path-breaking innovation, including advanced data security. By contrast, regulators and activists contend that corporate data practices too often disempower consumers by creating privacy harms and related problems. As the Internet of Things matures and facial recognition, predictive analytics, big data, and wearable tracking grow in power, scale, and scope, a controversial ecosystem will exacerbate the acrimony over commercial data capture and analysis. The only productive way forward is to get a grip on the key problems right now and change the conversation. That's exactly what Jules Polonetsky, Omer Tene, and Evan Selinger do. They bring together diverse views from leading academics, business leaders, and policymakers to discuss the opportunities and challenges of the new data economy.
Category: Law

An Anthropology Of Biomedicine

Author : Margaret Lock
ISBN : 9781119069133
Genre : Medical
File Size : 42.36 MB
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"Edition History: Margaret Lock and Vinh-Kim Nguyen (1e, 2010) published by Blackwell Ltd."--T.p. verso.
Category: Medical

Property In The Body

Author : Donna Dickenson
ISBN : 9781108211239
Genre : Law
File Size : 62.64 MB
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We live in an era when all bodies are potentially 'feminised' by being rendered 'open-access' for biomedical research and clinical practice. Adopting a theoretically sophisticated and practical approach, Property in the Body: Feminist Perspectives rejects the notion that the sale of bodily tissue enhances the freedom of the individual through an increase in moral agency. Combining feminist theory and bioethics, it also addresses the omissions which are inherent in policy analysis and academic debate. For example, whilst women's tissue is particularly central to new biotechnologies, the requirement for female labour is largely ignored in subsequent evaluation. In its fully revised second edition, this book also considers how policies and developments vary between countries and within specific areas of biomedicine itself. Most importantly, it analyses the new and emerging technologies of this field whilst returning to the core questions and fears which are inextricably linked to the commercialisation of the body.
Category: Law