Choosing Life, Choosing Death
The Tyranny of Autonomy in Medical Ethics and Law
Format:Paperback
Publisher:Bloomsbury Publishing PLC
Published:27th Feb '09
Currently unavailable, and unfortunately no date known when it will be back
Autonomy is a vital principle in medical law and ethics. It occupies a prominent place in all medico-legal and ethical debate. But there is a dangerous presumption that it should have the only vote, or at least the casting vote. This book is an assault on that presumption, and an audit of autonomy's extraordinary status. This book surveys the main issues in medical law, noting in relation to each issue the power wielded by autonomy, asking whether that power can be justified, and suggesting how other principles can and should contribute to the law. It concludes that autonomy's status cannot be intellectually or ethically justified, and that positive discrimination in favour of the other balancing principles is urgently needed in order to avoid some sinister results. 'This book is a sustained attack on the hegemony of the idea of autonomy in medical ethics and law. Charles Foster is no respecter of authority, whether of university professors or of law Lords. He grabs his readers by their lapels and shakes sense into them through a combination of no-nonsense rhetoric and subtle argument that is difficult to resist.' Tony Hope, Professor of Medical Ethics, Oxford University 'This book is unlikely to be in pristine state by the time you have finished reading it. Whether that is because you have thrown it in the air in celebration or thrown it across the room in frustration will depend on your perspective. But this book cannot leave you cold. It is a powerful polemic on the dominance of autonomy in medical law, which demands a reaction. Charles Foster sets out a powerful case that academic medical lawyers have elevated autonomy to a status it does not deserve in either ethical or legal terms. In a highly engaging, accessible account, he challenges many of the views which have become orthodox within the academic community. This will be a book which demands and will attract considerable debate.' Jonathan Herring, Exeter College, Oxford University 'This is a learned, lively and thought-provoking discussion of problems central to the courts' approach to ethical issues in medical law. What principles are involved? More significantly, which really underlie and inform the process of seeking justice in difficult cases? Charles Foster persuasively argues, and demonstrates, that respect for...
...written in a very powerful and thought-provoking style and will be an intriguing read for anyone interested in understanding the wide range of concrete cases that Foster considers. ...if read open-mindedly and with a view to understanding the main principles used in biomedical contexts, Foster's book has the potential to make a distinctive contribution to the debate about the role of autonomy...he has undeniably produced a book that will inject some life into the often stale academic debates on the topic. Mirko Daniel Garasic Plurilogue August 2011 ...fresh, clear and eminently readable...This is a short book, passionately argued, which all those interested in medical law, and the rights and duties of patients and doctors, should read. You may disagree: you won't be bored. Bio-Science Law Review Vol 10, Issue 3, 2009 This is certainly a useful book for people wishing to understand some of the legal background in key areas of medical law...it is also worthy of consideration in its own right by anyone seeking an alternative perspective on autonomy in health care ethics. Vincent Mitchell Nursing Ethics 16 (6), 2009 This book provides an accessible critique of the principle of 'autonomy' in the context of medical law. As a lawyer himself, Charles Foster succinctly summarises the various legal issues arising, as the title suggests, from conception to death. Antony Blackburn-Starza BioNews Newsletter 5th January 2010 This book is an important challenge to the dominance of autonomy in medical ethics and law ... [it] will ... be a useful and thought-provoking resource for those studying or teaching medical law and ethics. Mark Campbell Triple Helix Easter 2010 This is an important addition to the ongoing ethical, as well as medico-legal debate regarding autonomy. Foster's work provides an excellent point of departure for those new to the area, as well as a rich source of reference material for subsequent investigations. Doug Morrison Medical Law Review June 2010 Are you a hirsute medical lawyer, with a low blood pressure and writer's block? Then this is the book for you. You will not have to read too many pages before your blood will be boiling, you will be pulling out your hair, and grabbing your keyboard to type a furious riposte. .. This book is a powerful challenge to the role that autonomy plays in medical law and ethics. The book demonstrates a wide-ranging understanding of the law. Few authors could hope to make as many sharp points as Foster does in such a short space of time. This must be the most fast-paced and easy-to-read book on the topic. For that reason it may well be of interest to students and no doubt lecturers will enjoy setting their chapters for students to read in order to provoke a response. Therein lies the strength of this book. It is a book that demands a reaction. Jonathan Herring Legal Studies Volume 30, No 2 Charles Foster's book provides a welcome addition to the literature by confronting some of these premises in the context of English medical law. Katri Lohmus Social and Legal Studies 19 (3) 2010 Charles Foster minces no words. Choosing Life, Choosing Death is a comprehensive and passionately argued attack against the "tyranny of autonomy" in medical ethics and law. Katharina Heyer The Journal of Law and Society Volume 45, Issue 1
ISBN: 9781841139296
Dimensions: 234mm x 156mm x 10mm
Weight: unknown
200 pages