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Hard cases make bad law?

Journal of Medical Ethics 23 (6):341-343 (1997)

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  1. An Orwellian Scenario: court ordered caesarean section and women’s autonomy.Heather Cahill - 1999 - Nursing Ethics 6 (6):494-505.
    Between 1992 and 1996, a small number of women in the UK were forced by the courts to undergo caesarean section against their expressed refusal. Analysis of the reported cases reveals the blanket assumption of maternal incompetence and the widespread use of thinly veiled coercion. Such attitudes and practices are themselves frequently compounded by inadequate communication. Medical discretion in such problematic cases seems to err on the side of safety and so appears to favour the life of the fetus over (...)
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  • Implications of Recent Developments in Ireland for the Status of the Embryo.Sheelagh Mcguinness & Sorcha Uí Chonnachtaigh - 2011 - Cambridge Quarterly of Healthcare Ethics 20 (3):396-408.
    One of the most significant developments in the area of reproductive health in Ireland is theRoche v. Roche[2009] case. The case concerned a woman who wished to implant cryopreserved embryos made with a former partner, against the partner’s wishes. Of particular interest are questions about the status of the embryo: in Ireland the life of “the unborn” is constitutionally protected. Therefore the courts inRochehad to decide whether embryos were “unborn” within the meaning of the Irish Constitution.
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  • Implications of Recent Developments in Ireland for the Status of the Embryo.Sheelagh Mcguinness & Sorcha Uí Chonnachtaigh - 2011 - Cambridge Quarterly of Healthcare Ethics 20 (3):396-408.
    One of the most significant developments in the area of reproductive health in Ireland is theRoche v. Roche[2009] case. The case concerned a woman who wished to implant cryopreserved embryos made with a former partner, against the partner’s wishes. Of particular interest are questions about the status of the embryo: in Ireland the life of “the unborn” is constitutionally protected. Therefore the courts inRochehad to decide whether embryos were “unborn” within the meaning of the Irish Constitution.
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  • Perimortem gamete retrieval: should we worry about consent?Anna Smajdor - 2015 - Journal of Medical Ethics 41 (6):437-442.
  • A Drunk Driver, a Sober Pedestrian and the Allocation of Tragically Scarce and Indivisible Emergency Hospital Treatment.Hugh V. McLachlan & J. K. Swales - 1999 - Health Care Analysis 7 (1):5-21.
    Le Grand describes a situation where a drunk driver, who has medical insurance, is the cause of an accident in which he and a sober pedestrian, who has no medical insurance, are both equally and seriously injured. At the private hospital to which they are both taken, there is available emergency treatment for one of them only. Who should receive it? The issues raised by Le Grand's example are shown to be more interesting, more complex and less clearcut than Le (...)
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  • Best Interests and Pragmatism.Sheelagh McGuinness - 2008 - Health Care Analysis 16 (3):208-218.
    In this article I will show that ‘best interests’ is a concept that fits nicely with many of the features of pragmatism—Holm and Edgar’s rejection of the principle in favour of pragmatism it will be suggested is misplaced. ‘Best interests’ as a principle may be considered an embodiment of the ideals of pragmatic adjudication. The paper starts by briefly introducing the concept of ‘best interests’ and theories of judicial and legal ‘pragmatism’. This article will examine the role of the rational (...)
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