In this admirably objective and lucid exposition, the author examines from a medico-legal standpoint the comparative position in various countries, particularly in the UK and the USA, of currently controversial medical procedures: voluntary sterilisation, compulsory sterilisation and castration, trans-sexualism, experimentation, transplantation, and euthanasia - few of which, if any, enjoy a settled or clearly defined place in the eyes of the law. He considers the problems from two perspectives: first, that of the individual in society and how far he himself may determine the extent of physical intrusion on his body; secondly, that of the state or society and how far it may impose or limit medical intrusion on the human body. Thus, Mr. Meyers provides a valuable account, not only of current medical attitudes, but also of relevant case and statute law as it stands at present.It is inherent in the nature of this book that it should arouse controversy and argument. There are many important questions to be debated: Has the state the right to enforce its conception of morality without showing that the behaviour it proscribes has a harmful effect on other members of society? To what extent does consent by the individual concerned insulate a surgeon from criminal liability? In connection with compulsory sterilisation, who is to judge those unfit to procreate? What is a proper definition of medical experimentation? What constitutes death? If a man has a right to live has he not an equal right to die?These are a few of the issues raised. The author has not hesitated to express his own opinions but has clearly relegated them to the summary at the end of each chapter, thereby leaving the objectivity of his main text unimpaired.David W. Meyers is a practicing lawyer in California, with American and British legal qualifications at the firm of Dickenson, Peatman & Fogarty. He has taught at the University of Edinburgh Law School and the University of Tasmania Law School as well as
Dealing with such controversial areas as genetic engineering, fetal rights, transplantation, euthanasia, artificial reproduction, and medical examination, Meyers gives a breakdown of current debates and legal decisions in England, Scotland ...
Part II of this book develops and defends a principled basis in English law for the creation and legal recognition of property rights and non-proprietary interests in separated human tissue.
Sherwin, 'The legal problem in transvestism', 8 Am. J. Psychother. 243 (1954). 91. Bowman and Engle, op. cit., p. 308. 92. Anonymous v. Weiner, 270 N.Y.S. 2d 319 (1966). 93. Benjamin, 18 Am. J. Psychother. 466-7. 94.
This book will appeal to those interested in medical and property law, philosophy, bioethics, and health policy amongst others.
... noncompliance is often justified by making reference to culture or tradition.27 While Lord Hoffman declares he is ... Philosophy East and West 173–89; Bhikhu Parekh, 'non-ethnocentric universalism' in timothy dunne and nicholas J.
Rogers argues that the modes of fascination and excitement that accompany scenes of torture and female circumcision betray the fantasy of a political condition against which the subject of liberal law is imagined; this is subjectivity in a ...
Given the international aspects of both intellectual property law and biotechnology, this book will be of interest throughout the world and especially valuable in common-law (most English-speaking) countries.
This Handbook's wide scope and comparative take on health law are particularly timely. Economic globalization has made it increasingly important for different countries to harmonize their legal rules.
But our bodies make us vulnerable and dependent, and the law leaves the weakest on their own. O. Carter Snead argues for a paradigm that recognizes embodiment, enabling law and policy to provide for the care that people need.
The Human Body and the Law: A Medico-legal Study by David W. Meyers