Towards a Rhetoric of Medical Law

Towards a Rhetoric of Medical Law

Author: John Harrington

Publisher: Routledge

Published: 2016-09-13

Total Pages: 282

ISBN-13: 1317524918

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Challenging the dominant account of medical law as normatively and conceptually subordinate to medical or bioethics, this book provides an innovative account of medical law as a rhetorical practice. The aspiration to provide a firm grounding for medical law in ethical principle has not yet been realized. Rather, legal doctrine is marked, if anything, by increasingly evident contradiction and indeterminacy that are symptomatic of the inherently contingent nature of legal argumentation. Against the idea of a timeless, placeless ethics as the master discipline for medical law, this book demonstrates how judicial and academic reasoning seek to manage this contingency, through the deployment of rhetorical strategies, persuasive to concrete audiences within specific historical, cultural and political contexts. Informed by social and legal theory, cultural history and literary criticism, John Harrington’s careful reading of key judicial decisions, legislative proposals and academic interventions offers an original, and significant, understanding of medical law.


Book Synopsis Towards a Rhetoric of Medical Law by : John Harrington

Download or read book Towards a Rhetoric of Medical Law written by John Harrington and published by Routledge. This book was released on 2016-09-13 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging the dominant account of medical law as normatively and conceptually subordinate to medical or bioethics, this book provides an innovative account of medical law as a rhetorical practice. The aspiration to provide a firm grounding for medical law in ethical principle has not yet been realized. Rather, legal doctrine is marked, if anything, by increasingly evident contradiction and indeterminacy that are symptomatic of the inherently contingent nature of legal argumentation. Against the idea of a timeless, placeless ethics as the master discipline for medical law, this book demonstrates how judicial and academic reasoning seek to manage this contingency, through the deployment of rhetorical strategies, persuasive to concrete audiences within specific historical, cultural and political contexts. Informed by social and legal theory, cultural history and literary criticism, John Harrington’s careful reading of key judicial decisions, legislative proposals and academic interventions offers an original, and significant, understanding of medical law.

Towards a Rhetoric of Medical Law

Towards a Rhetoric of Medical Law

Author: John Harrington

Publisher: Taylor & Francis

Published: 2016-09-13

Total Pages: 190

ISBN-13: 1317524926

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Challenging the dominant account of medical law as normatively and conceptually subordinate to medical or bioethics, this book provides an innovative account of medical law as a rhetorical practice. The aspiration to provide a firm grounding for medical law in ethical principle has not yet been realized. Rather, legal doctrine is marked, if anything, by increasingly evident contradiction and indeterminacy that are symptomatic of the inherently contingent nature of legal argumentation. Against the idea of a timeless, placeless ethics as the master discipline for medical law, this book demonstrates how judicial and academic reasoning seek to manage this contingency, through the deployment of rhetorical strategies, persuasive to concrete audiences within specific historical, cultural and political contexts. Informed by social and legal theory, cultural history and literary criticism, John Harrington’s careful reading of key judicial decisions, legislative proposals and academic interventions offers an original, and significant, understanding of medical law.


Book Synopsis Towards a Rhetoric of Medical Law by : John Harrington

Download or read book Towards a Rhetoric of Medical Law written by John Harrington and published by Taylor & Francis. This book was released on 2016-09-13 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging the dominant account of medical law as normatively and conceptually subordinate to medical or bioethics, this book provides an innovative account of medical law as a rhetorical practice. The aspiration to provide a firm grounding for medical law in ethical principle has not yet been realized. Rather, legal doctrine is marked, if anything, by increasingly evident contradiction and indeterminacy that are symptomatic of the inherently contingent nature of legal argumentation. Against the idea of a timeless, placeless ethics as the master discipline for medical law, this book demonstrates how judicial and academic reasoning seek to manage this contingency, through the deployment of rhetorical strategies, persuasive to concrete audiences within specific historical, cultural and political contexts. Informed by social and legal theory, cultural history and literary criticism, John Harrington’s careful reading of key judicial decisions, legislative proposals and academic interventions offers an original, and significant, understanding of medical law.

The Law Most Beautiful and Best

The Law Most Beautiful and Best

Author: Randall Baldwin Clark

Publisher: Lexington Books

Published: 2003

Total Pages: 204

ISBN-13: 9780739106860

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How can citizens be persuaded to voluntarily obey good laws? Randall Baldwin Clark addresses this question by looking at one of the oldest works ever to pose it: Plato's Laws. The Law Most Beautiful and Best explores one of the most striking metaphors in the Laws: the suggestion that the gentle and persuasive bedside manner that characterizes rational medicine should serve as the model for political persuasion. Clark's careful reading of the Laws challenges traditional interpretations of this metaphor, emphasizing instead the way the dialogue subtly reasserts the efficacy of the magical arts. Just as the Athenian stranger treats his patients with a combination of rational and irrational therapies, so too must the philosophical reader--should he wish to preserve his city's health--be willing to avail himself of both the gentle persuasion of reasoned discourse and the enchanting coercion of irrational rhetoric. Both a close examination of the Laws and a thoughtful approach to an ageless political dilemma, The Law Most Beautiful and Best is essential reading for scholars interested in jurisprudence, classics, rhetoric, and political science.


Book Synopsis The Law Most Beautiful and Best by : Randall Baldwin Clark

Download or read book The Law Most Beautiful and Best written by Randall Baldwin Clark and published by Lexington Books. This book was released on 2003 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can citizens be persuaded to voluntarily obey good laws? Randall Baldwin Clark addresses this question by looking at one of the oldest works ever to pose it: Plato's Laws. The Law Most Beautiful and Best explores one of the most striking metaphors in the Laws: the suggestion that the gentle and persuasive bedside manner that characterizes rational medicine should serve as the model for political persuasion. Clark's careful reading of the Laws challenges traditional interpretations of this metaphor, emphasizing instead the way the dialogue subtly reasserts the efficacy of the magical arts. Just as the Athenian stranger treats his patients with a combination of rational and irrational therapies, so too must the philosophical reader--should he wish to preserve his city's health--be willing to avail himself of both the gentle persuasion of reasoned discourse and the enchanting coercion of irrational rhetoric. Both a close examination of the Laws and a thoughtful approach to an ageless political dilemma, The Law Most Beautiful and Best is essential reading for scholars interested in jurisprudence, classics, rhetoric, and political science.

The Jurisdiction of Medical Law

The Jurisdiction of Medical Law

Author: Kenneth Veitch

Publisher: Routledge

Published: 2017-11-30

Total Pages: 284

ISBN-13: 135114622X

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This book offers a critical analysis of some of the guiding principles and assumptions that have been central to the development and identity of medical law. Focusing on several key cases in the field - including the 'Dianne Pretty' and 'Conjoined Twins' cases - the book scrutinizes the notions of autonomy and human rights, and explores the relationship between medical law and moral conflict. It also asks what role, if any, the courts might play in stimulating public debate about the ethics of controversial developments in medicine and biomedical science. This innovative book will be of interest to academics and students working in the areas of medical law, legal theory, bioethics and medical ethics. It will also appeal to those within the medical and health care professions seeking a critical analysis of the development and operation of medical law.


Book Synopsis The Jurisdiction of Medical Law by : Kenneth Veitch

Download or read book The Jurisdiction of Medical Law written by Kenneth Veitch and published by Routledge. This book was released on 2017-11-30 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a critical analysis of some of the guiding principles and assumptions that have been central to the development and identity of medical law. Focusing on several key cases in the field - including the 'Dianne Pretty' and 'Conjoined Twins' cases - the book scrutinizes the notions of autonomy and human rights, and explores the relationship between medical law and moral conflict. It also asks what role, if any, the courts might play in stimulating public debate about the ethics of controversial developments in medicine and biomedical science. This innovative book will be of interest to academics and students working in the areas of medical law, legal theory, bioethics and medical ethics. It will also appeal to those within the medical and health care professions seeking a critical analysis of the development and operation of medical law.

Medical Law and Ethics

Medical Law and Ethics

Author: Sheila McLean

Publisher: Dartmouth Publishing Company

Published: 2002

Total Pages: 650

ISBN-13:

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The wide range of essays contained within this volume present contemporary thinking on the legal and ethical implications surrounding modern medical practice.


Book Synopsis Medical Law and Ethics by : Sheila McLean

Download or read book Medical Law and Ethics written by Sheila McLean and published by Dartmouth Publishing Company. This book was released on 2002 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: The wide range of essays contained within this volume present contemporary thinking on the legal and ethical implications surrounding modern medical practice.

Routledge Handbook of Mental Health Law

Routledge Handbook of Mental Health Law

Author: Brendan D. Kelly

Publisher: Taylor & Francis

Published: 2023-10-12

Total Pages: 756

ISBN-13: 1000984915

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Mental health law is a rapidly evolving area of practice and research, with growing global dimensions. This work reflects the increasing importance of this field, critically discussing key issues of controversy and debate, and providing up-to-date analysis of cutting-edge developments in Africa, Asia, Europe, the Americas, and Australia. This is a timely moment for this book to appear. The United Nations’ Convention on the Rights of Persons with Disabilities (2006) sought to transform the landscape in which mental health law is developed and implemented. This Convention, along with other developments, has, to varying degrees, informed sweeping legislative reforms in many countries around the world. These and other developments are discussed here. Contributors come from a wide range of countries and a variety of academic backgrounds including ethics, law, philosophy, psychiatry, and psychology. Some contributions are also informed by lived experience, whether in person or as family members. The result is a rich, polyphonic, and sometimes discordant account of what mental health law is and what it might be. The Handbook is aimed at mental health scholars and practitioners as well as students of law, human rights, disability studies, and psychiatry, and campaigners and law- and policy-makers.


Book Synopsis Routledge Handbook of Mental Health Law by : Brendan D. Kelly

Download or read book Routledge Handbook of Mental Health Law written by Brendan D. Kelly and published by Taylor & Francis. This book was released on 2023-10-12 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mental health law is a rapidly evolving area of practice and research, with growing global dimensions. This work reflects the increasing importance of this field, critically discussing key issues of controversy and debate, and providing up-to-date analysis of cutting-edge developments in Africa, Asia, Europe, the Americas, and Australia. This is a timely moment for this book to appear. The United Nations’ Convention on the Rights of Persons with Disabilities (2006) sought to transform the landscape in which mental health law is developed and implemented. This Convention, along with other developments, has, to varying degrees, informed sweeping legislative reforms in many countries around the world. These and other developments are discussed here. Contributors come from a wide range of countries and a variety of academic backgrounds including ethics, law, philosophy, psychiatry, and psychology. Some contributions are also informed by lived experience, whether in person or as family members. The result is a rich, polyphonic, and sometimes discordant account of what mental health law is and what it might be. The Handbook is aimed at mental health scholars and practitioners as well as students of law, human rights, disability studies, and psychiatry, and campaigners and law- and policy-makers.

Data-Driven Personalisation in Markets, Politics and Law

Data-Driven Personalisation in Markets, Politics and Law

Author: Uta Kohl

Publisher: Cambridge University Press

Published: 2021-07-29

Total Pages: 333

ISBN-13: 1108875890

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The most fascinating and profitable subject of predictive algorithms is the human actor. Analysing big data through learning algorithms to predict and pre-empt individual decisions gives a powerful tool to corporations, political parties and the state. Algorithmic analysis of digital footprints, as an omnipresent form of surveillance, has already been used in diverse contexts: behavioural advertising, personalised pricing, political micro-targeting, precision medicine, and predictive policing and prison sentencing. This volume brings together experts to offer philosophical, sociological, and legal perspectives on these personalised data practices. It explores common themes such as choice, personal autonomy, equality, privacy, and corporate and governmental efficiency against the normative frameworks of the market, democracy and the rule of law. By offering these insights, this collection on data-driven personalisation seeks to stimulate an interdisciplinary debate on one of the most pervasive, transformative, and insidious socio-technical developments of our time.


Book Synopsis Data-Driven Personalisation in Markets, Politics and Law by : Uta Kohl

Download or read book Data-Driven Personalisation in Markets, Politics and Law written by Uta Kohl and published by Cambridge University Press. This book was released on 2021-07-29 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most fascinating and profitable subject of predictive algorithms is the human actor. Analysing big data through learning algorithms to predict and pre-empt individual decisions gives a powerful tool to corporations, political parties and the state. Algorithmic analysis of digital footprints, as an omnipresent form of surveillance, has already been used in diverse contexts: behavioural advertising, personalised pricing, political micro-targeting, precision medicine, and predictive policing and prison sentencing. This volume brings together experts to offer philosophical, sociological, and legal perspectives on these personalised data practices. It explores common themes such as choice, personal autonomy, equality, privacy, and corporate and governmental efficiency against the normative frameworks of the market, democracy and the rule of law. By offering these insights, this collection on data-driven personalisation seeks to stimulate an interdisciplinary debate on one of the most pervasive, transformative, and insidious socio-technical developments of our time.

The Oxford Handbook of Transnational Law

The Oxford Handbook of Transnational Law

Author: Peer Zumbansen

Publisher: Oxford University Press

Published: 2021-04-30

Total Pages: 1246

ISBN-13: 0197547435

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The Oxford Handbook of Transnational Law offers a unique and unparalleled treatment and presentation in the field of Transnational Law that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, and practice today. This in itself constitutes an ambitious editorial project, not only within law and legal doctrine, but also with regard to an increasing interest in an interdisciplinary engagement of law with social sciences - including sociology, anthropology, political science, geography, and political theory. Closely tied into the substantive transformation that many legal fields are undergoing is the observation that many of these developments are driven by changes in an increasingly global legal practice today. The concept then, of 'transnational law' aims at capturing the distinctly border- crossing nature even of those legal fields which had for the longest been time been seen as having merely 'domestic' relevance. This shift also requires a conscious effort among law school classroom instructors, casebook authors, and curriculum reformers to adapt their teaching content to these circumstances. As the authors of this Handbook make clear, this adaptation requires a close dialogue between a scholarly investigation into the transnational 'concept of law' and the challenges faced by practicing lawyers, be that as solicitor, in-house counsel, as judges, or as bureaucrats in a globalized regulatory and socio-economic environment. While the main thrust is on the transnationalization of legal doctrine and legal theory, with a considerable contribution from and engagement with social sciences, the Handbook features numerous reflections on the relationship between transnational law and legal practice.


Book Synopsis The Oxford Handbook of Transnational Law by : Peer Zumbansen

Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen and published by Oxford University Press. This book was released on 2021-04-30 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Transnational Law offers a unique and unparalleled treatment and presentation in the field of Transnational Law that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, and practice today. This in itself constitutes an ambitious editorial project, not only within law and legal doctrine, but also with regard to an increasing interest in an interdisciplinary engagement of law with social sciences - including sociology, anthropology, political science, geography, and political theory. Closely tied into the substantive transformation that many legal fields are undergoing is the observation that many of these developments are driven by changes in an increasingly global legal practice today. The concept then, of 'transnational law' aims at capturing the distinctly border- crossing nature even of those legal fields which had for the longest been time been seen as having merely 'domestic' relevance. This shift also requires a conscious effort among law school classroom instructors, casebook authors, and curriculum reformers to adapt their teaching content to these circumstances. As the authors of this Handbook make clear, this adaptation requires a close dialogue between a scholarly investigation into the transnational 'concept of law' and the challenges faced by practicing lawyers, be that as solicitor, in-house counsel, as judges, or as bureaucrats in a globalized regulatory and socio-economic environment. While the main thrust is on the transnationalization of legal doctrine and legal theory, with a considerable contribution from and engagement with social sciences, the Handbook features numerous reflections on the relationship between transnational law and legal practice.

Rhetoric and the Law of Draco

Rhetoric and the Law of Draco

Author: Edwin Carawan

Publisher: Clarendon Press

Published: 1998-02-26

Total Pages: 433

ISBN-13: 0191584541

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Trials for murder and manslaughter in ancient Athens are preserved in a singularly full and revealing record. The earliest surviving speeches were written for such proceedings, and the laws governing such trials - laws that tradition ascribes to Draco himself - also survive in large part. These documents bear witness to the birth of the jury trial and of democratic rhetoric. This book, the first study of its kind, offers a systematic interpretation of Draco's law and the legal reasoning that grew out of it. The author outlines the historical development (7th to 4th centuries BCE), and then analyses the surviving speeches to unravel the underlying issues and practical consequences.


Book Synopsis Rhetoric and the Law of Draco by : Edwin Carawan

Download or read book Rhetoric and the Law of Draco written by Edwin Carawan and published by Clarendon Press. This book was released on 1998-02-26 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trials for murder and manslaughter in ancient Athens are preserved in a singularly full and revealing record. The earliest surviving speeches were written for such proceedings, and the laws governing such trials - laws that tradition ascribes to Draco himself - also survive in large part. These documents bear witness to the birth of the jury trial and of democratic rhetoric. This book, the first study of its kind, offers a systematic interpretation of Draco's law and the legal reasoning that grew out of it. The author outlines the historical development (7th to 4th centuries BCE), and then analyses the surviving speeches to unravel the underlying issues and practical consequences.

The Abortion Act 1967

The Abortion Act 1967

Author: Sally Sheldon

Publisher: Cambridge University Press

Published: 2022-11-17

Total Pages: 361

ISBN-13: 1108754686

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The Abortion Act 1967 may be the most contested law in UK history, sitting on a fault line between the shifting tectonic plates of a rapidly transforming society. While it has survived repeated calls for its reform, with its text barely altered for over five decades, women's experiences of accessing abortion services under it have evolved considerably. Drawing on extensive archival research and interviews, this book explores how the Abortion Act was given meaning by a diverse cast of actors including women seeking access to services, doctors and service providers, campaigners, judges, lawyers, and policy makers. By adopting an innovative biographical approach to the law, the book shows that the Abortion Act is a 'living law'. Using this historically grounded socio-legal approach, this enlightening book demonstrates how the Abortion Act both shaped and was shaped by a constantly changing society.


Book Synopsis The Abortion Act 1967 by : Sally Sheldon

Download or read book The Abortion Act 1967 written by Sally Sheldon and published by Cambridge University Press. This book was released on 2022-11-17 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Abortion Act 1967 may be the most contested law in UK history, sitting on a fault line between the shifting tectonic plates of a rapidly transforming society. While it has survived repeated calls for its reform, with its text barely altered for over five decades, women's experiences of accessing abortion services under it have evolved considerably. Drawing on extensive archival research and interviews, this book explores how the Abortion Act was given meaning by a diverse cast of actors including women seeking access to services, doctors and service providers, campaigners, judges, lawyers, and policy makers. By adopting an innovative biographical approach to the law, the book shows that the Abortion Act is a 'living law'. Using this historically grounded socio-legal approach, this enlightening book demonstrates how the Abortion Act both shaped and was shaped by a constantly changing society.