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Charles Foster [56]Charles R. Foster [1]
  1. Human dignity in bioethics and law.Charles Foster - 2015 - Journal of Medical Ethics 41 (12):935-935.
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  2.  21
    Choosing life, choosing death: the tyranny of autonomy in medical ethics and law.Charles Foster - 2009 - Portland, Or.: Hart.
    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 (...)
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  3.  35
    It is never lawful or ethical to withdraw life-sustaining treatment from patients with prolonged disorders of consciousness.Charles Foster - 2019 - Journal of Medical Ethics 45 (4):265-270.
    In English law there is a strong presumption that life should be maintained. This article contends that this presumption means that it is always unlawful to withdraw life-sustaining treatment from patients in permanent vegetative state and minimally conscious state, and that the reasons for this being the correct legal analysis mean also that such withdrawal will always be ethically unacceptable. There are two reasons for this conclusion. First, the medical uncertainties inherent in the definition and diagnosis of PVS/MCS are such (...)
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  4.  93
    The rebirth of medical paternalism: An NHS Trust v Y.Charles Foster - 2019 - Journal of Medical Ethics 45 (1):3-7.
    Over the last quarter of a century, English medical law has taken an increasingly firm stand against medical paternalism. This is exemplified by cases such as Bolitho v City and Hackney Health Authority, Chester v Afshar, and Montgomery v Lanarkshire Health Board. In relation to decision-making on behalf of incapacitous adults, the actuating principle of the Mental Capacity Act 2005 is respect for patient autonomy. The only lawful acts in relation to an incapacitous person are acts which are in the (...)
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  5.  64
    Please Don’t Tell Me.Jonathan Herring & Charles Foster - 2012 - Cambridge Quarterly of Healthcare Ethics 21 (1):20-29.
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  6.  51
    Please Don’t Tell Me.Jonathan Herring & Charles Foster - 2012 - Cambridge Quarterly of Healthcare Ethics 21 (1):20.
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  7.  20
    Ethically Alluring but Legally Destructive.Charles Foster - 2023 - American Journal of Bioethics 23 (8):85-87.
    Garland, Morain, and Sugarman's (2023) proposal is ethically attractive. But (assuming that ethics and medical law should have a close relationship with one another) it is legally seismic. It requi...
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  8.  47
    Dignity and the Ownership and Use of Body Parts.Charles Foster - 2014 - Cambridge Quarterly of Healthcare Ethics 23 (4):417-430.
    Property-based models of the ownership of body parts are common. They are inadequate. They fail to deal satisfactorily with many important problems, and even when they do work, they rely on ideas that have to be derived from deeper, usually unacknowledged principles. This article proposes that the parent principle is always human dignity, and that one will get more satisfactory answers if one interrogates the older, wiser parent instead of the younger, callow offspring. But human dignity has a credibility problem. (...)
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  9.  26
    Withdrawing treatment from patients with prolonged disorders of consciousness: the presumption in favour of the maintenance of life is legally robust.Charles Foster - 2021 - Journal of Medical Ethics 47 (2):119-120.
    The question a judge has to ask in deciding whether or not life-sustaining treatment should be withdrawn is whether the continued treatment is lawful. It will be lawful if it is in the patient’s best interests. Identifying this question gives no guidance about how to approach the assessment of best interests. It merely identifies the judge’s job. The presumption in favour of the maintenance of life is part of the job that follows the identification of the question.The presumption is best (...)
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  10.  18
    Doctors should be morally common: a reply to Rosamond Rhodes.Charles Foster - 2019 - Journal of Medical Ethics 45 (12):784-785.
    ​Rosamond Rhodes contends, by reference to seven examples, that medical ethics is distinctly different from non-medical ethics. Each of those examples, on proper examination, illustrates precisely the opposite contention. It is clear not only that medical ethics relies on the same principles as non-medical ethics, but that it should so rely. A distinctively medical ethics would be dangerous: it would divorce ethical medical decision-making from the patients whom medicine exists to serve.
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  11.  13
    Identity, personhood and the law: a response to Ashcroft and McGee.Charles Foster & Jonathan Herring - 2017 - Journal of Medical Ethics Recent Issues 44 (1):73-74.
    We are very grateful to Richard Ashcroft 1 and Andrew McGee 2 for their thoughtful and articulate criticisms of our views. 3 Ashcroft has disappointingly low aspirations for the law. Of course he is right to say that the law is not a ‘self-sufficient, integrated and self-interpreting system of doctrine’. The law is often philosophically incoherent and internally contradictory. But it does not follow from this that all areas of the law are philosophically unsatisfactory. And if that were true, the (...)
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  12.  20
    Kious and Battin’s Dilemma Resolved: Outlaw Physician Aid-in-Dying.Charles Foster - 2019 - American Journal of Bioethics 19 (10):50-51.
    Volume 19, Issue 10, October 2019, Page 50-51.
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  13.  36
    Don't Throw Out the Baby of Autonomy: Talk to the Mother Instead.Charles Foster - 2016 - American Journal of Bioethics 16 (2):57-59.
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  14.  22
    Harm: as indeterminate as ‘best interests’, but useful for triage.Charles Foster - 2016 - Journal of Medical Ethics 42 (2):121-122.
  15.  38
    Identity, personhood and the law: a response to Ashcroft and McGee.Charles Foster & Jonathan Herring - 2018 - Journal of Medical Ethics 44 (1):73-74.
    We are very grateful to Richard Ashcroft1 and Andrew McGee2 for their thoughtful and articulate criticisms of our views.3 Ashcroft has disappointingly low aspirations for the law. Of course he is right to say that the law is not a ‘self-sufficient, integrated and self-interpreting system of doctrine’. The law is often philosophically incoherent and internally contradictory. But it does not follow from this that all areas of the law are philosophically unsatisfactory. And if that were true, the response should not (...)
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  16.  42
    Testing the limits of the ‘joint account’ model of genetic information: a legal thought experiment.Charles Foster, Jonathan Herring & Magnus Boyd - 2015 - Journal of Medical Ethics 41 (5):379-382.
  17.  15
    Altruism, Welfare and the Law.Charles Foster - 2015 - Cham: Imprint: Springer. Edited by Jonathan Herring.
    This book is an assault on the notion that it is empirically accurate and legally and philosophically satisfactory to see humans as atomistic entities. It contends that our welfare is inextricably entangled with that of others, and accordingly law and ethics, in determining our best interests, should recognise the central importance of relationality, the performance of obligations, and (even apparently injurious) altruism.
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  18.  18
    To Be Coherently Beneficient, Be Communitarian.Charles Foster - 2020 - American Journal of Bioethics 20 (3):77-79.
    Volume 20, Issue 3, March 2020, Page 77-79.
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  19.  69
    The Double Effect Effect.Charles Foster, Jonathan Herring, Karen Melham & Tony Hope - 2011 - Cambridge Quarterly of Healthcare Ethics 20 (1):56-72.
    The “doctrine of double effect” has a pleasing ring to it. It is regarded by some as the cornerstone of any sound approach to end-of-life issues and by others as religious mumbo jumbo. Discussions about “the doctrine” often generate more heat than light. They are often conducted at cross-purposes and laced with footnotes from Leviticus.
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  20.  34
    Suicide tourism may change attitudes to assisted suicide, but not through the courts.Charles Foster - 2015 - Journal of Medical Ethics 41 (8):620-620.
  21.  23
    Dignity and the use of body parts.Charles Foster - 2014 - Journal of Medical Ethics 40 (1):44-47.
    This paper contends that the conventional ethical and legal ways of analysing the wrong involved in the misuse of human body parts are inadequate, and should be replaced with an analysis based on human dignity. It examines the various ways in which dignity has been understood, outlines many of the criticisms made of those ways , and proposes a new way of seeing dignity which is exegetically consonant with the way in which dignity has been historically understood, and yet avoids (...)
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  22.  10
    Deal with the real, not the notional patient, and don’t ignore important uncertainties.Charles Foster - 2019 - Journal of Medical Ethics 45 (12):800-801.
    There is a strong presumption in favour of the maintenance of life. Given sufficient evidence, it can be rebutted. But the epistemic uncertainties about the best interests of patients in prolonged disorders of consciousness and the wishes that they should be presumed to have are such that, in most PDOC cases, the presumption cannot be rebutted. It is conventional and wrong to assume that PDOC patients have no interest in continued existence. Treatment withdrawal/continuation decisions should focus on the patient as (...)
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  23.  16
    Human Dignity: Be Philosophical and European, but not Scottish.Charles Foster - 2019 - Cambridge Quarterly of Healthcare Ethics 28 (3):534-541.
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  24.  14
    Human Thriving and the Law.Charles Foster & Jonathan Herring - 2018 - Cham: Springer Verlag. Edited by Jonathan Herring.
    The idea of the Good Life – of what constitutes human thriving, is, implicitly, the foundation and justification of the law. The law exists to hold societies together; to hold in tension the rights of individuals as against individuals, the rights of individuals as against various types of non-humans such as corporations, and the rights of individuals individuals as against the state. In democratic states, laws inhibit some freedoms in the name of greater, or more desirable freedoms. The only justification (...)
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  25.  23
    Use Dignity, Not Its Parasites or Offspring.Charles Foster - 2023 - American Journal of Bioethics 23 (12):54-56.
    Doernberg and Truog (2023) propose a complex scheme for identifying the ethical issues at stake in various medical situations.The complexity of their scheme illustrates the difficulties that arise...
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  26.  11
    In the Eye of the Wild.Charles Foster - 2023 - Common Knowledge 29 (2):245-246.
    Martin was a twenty-nine-year-old anthropologist working on animism in Siberia when a bear leaped on her. He raked her with his claws, put her head into his mouth, and was about to crush her skull when she stabbed him with her ice axe. He loped off into the woods, carrying part of Martin's lower jaw and, if Martin is right, half of her soul—but leaving half of his soul in return. Martin lay bleeding in the snow. She managed to fashion (...)
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  27.  32
    Aboriginal Health Care: The Seven Grandfathers Trump the Four Principles.Charles Foster - 2016 - American Journal of Bioethics 16 (5):54-56.
  28. The Elephant in the (Board) Room: The Role of Contract Research Organizations in International Clinical Research.Charles Foster & Aisha Y. Malik - 2012 - American Journal of Bioethics 12 (11):49-50.
    Multinational companies commonly and increasingly undertake their research in low and middle-income countries through commercial clinical research organizations (CROs). The involvement of these scientific middle men complicates the application of the theories of justice. We examine those complexities, and conclude that while the difficulties are not immune to analysis in terms of these theories, the theories have to be deployed in new ways in order to be useful in the new commercial world.
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  29.  12
    The Rise and Fall of the Emerald Tigers: Ten Years of Research in Panna National Park.Charles Foster - 2023 - Common Knowledge 29 (1):120-121.
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  30.  3
    C. S. Lewis.Charles Foster - 2023 - Common Knowledge 29 (3):390-392.
    Lewis was not, and is not, very popular in the academy. I think there are three reasons.First, he did not stick to his subject, which was medieval and Renaissance literature. He wrote highly successful children's books, theological works, and articles accessible to nonspecialists, and was an acclaimed broadcaster. All this allowed his critics to suggest that he was not a proper academic, because proper academics do not throw their nets so wide.Second, he was good at everything he did (except perhaps (...)
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  31.  10
    Medical ethics, law, and communication at a glance.Patrick Davey, Anna Rathmell, Michael Dunn, Charles Foster & Helen Salisbury (eds.) - 2017 - Hoboken, NJ: Wiley-Blackwell.
    Medical Ethics, Law and Communication at a Glance presents a succinct overview of these key areas of the medical curriculum. This new title aims to provide a concise summary of the three core, interlinked topics essential to resolving ethical dilemmas in medicine and avoiding medico-legal action. Divided into two sections; the first examines the ethical and legal principles underpinning each medical topic; while the second focuses on communication skills and the importance of good communication. Medical Ethics, Law and Communication at (...)
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  32.  11
    Are We Smart Enough to Know How Smart Animals Are? by Frans de Waal.Charles Foster - 2018 - Common Knowledge 24 (2):325-326.
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  33.  16
    Being a human: adventures in forty thousand years of consciousness.Charles Foster - 2021 - New York: Metropolitan Books.
    A radically immersive exploration of three pivotal moments in the evolution of human consciousness, asking what kinds of creatures humans were, are, and might yet be.
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  34.  10
    Depression: Law and Ethics.Charles Foster & Jonathan Herring (eds.) - 2017 - Oxford University Press.
    If the law is to regulate the lives of those who suffer from depression, it is vital that lawyers understand the condition. This edited collection outlines the questions that arise from cases of depression by drawing together viewpoints from lawyers, philosophers, clinicians, and first-hand accounts from sufferers.
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  35. Does the English Law on Abortion Affront Human Dignity?Charles Foster - 2016 - The New Bioethics 22 (3):162-184.
    The English law on abortion is examined through four lenses manufactured by the principle of dignity. Those lenses are embodiment, relationality, story and a transactional, rather than an atomistic, approach to the ascertaining of the relevant interests. It is contended that this approach gives more nuanced, humane, intellectually satisfactory and pastorally satisfactory answers than those generated by the existing law. It is further argued that only this dignity-based approach is compatible with that mandated by Article 8 of the ECHR.
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  36.  26
    Human dignity: a response to Camosy and Huxtable.Charles Foster - 2015 - Journal of Medical Ethics 41 (12):940-941.
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  37. How should the performance of periparturient vaginal examinations be regulated?Charles Foster - 2020 - In Camilla Pickles & Jonathan Herring (eds.), Women's birthing bodies and the law: unauthorised intimate examinations, power, and vulnerability. New York, NY: Hart Publishing, an imprint of Bloomsbury Publishing.
     
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  38.  60
    Intention and Foresight—From Ethics to Law and Back Again.Charles Foster, Jonathan Herring, Karen Melham & Tony Hope - 2013 - Cambridge Quarterly of Healthcare Ethics 22 (1):86-91.
  39.  28
    Intention and Foresight—From Ethics to Law and Back Again - A Reply to McGee.Charles Foster, Jonathan Herring, Karen Melham & Tony Hope - 2013 - Cambridge Quarterly of Healthcare Ethics 22 (1):86-91.
  40.  12
    Identity, Personhood and the Law.Charles Foster - 2017 - Cham: Imprint: Springer. Edited by Jonathan Herring.
    This book is an examination of how the law understands human identity and the whole notion of 'human being'. On these two notions the law, usually unconsciously, builds the superstructure of 'human rights'. It explores how the law understands the concept of a human being, and hence a person who is entitled to human rights. This involves a discussion of the legal treatment of those of so-called "marginal personhood" (e.g. high functioning non-human animals; humans of limited intellectual capacity, and fetuses). (...)
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  41.  44
    If you ask the wrong question, you'll get the wrong answer.Charles Foster - 2013 - Journal of Medical Ethics 39 (9):578-578.
    There are two main and several subsidiary difficulties with this paper.1The first main problem is that the authors, in calling for a revolution in the way that withdrawal of treatment cases are dealt with, fail to recognise that their desired revolutionary utopia is the ordinary workaday world of the law courts.The English law in relation to the administration of treatment to children, and the withdrawal of treatment from them, is straightforward: the only lawful treatment is that which is in the (...)
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  42.  12
    Loving Wisdom, Living Wisdom, Teaching Wisdom.Charles Foster - 2022 - American Journal of Bioethics Neuroscience 13 (4):262-264.
    Though she does not put it in these terms, Specker Sullivan’s (2022) article is an important and timely reminder that bioethics is a branch of philosophy; that philosophy is, literally, philo-sophy...
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  43.  28
    Misrepresentations about palliative options and prognosis in motor neurone disease: some legal considerations.Charles Foster - 2005 - Journal of Evaluation in Clinical Practice 11 (1):21-25.
  44.  12
    No Way but Gentlenesse: A Memoir of How Kes, my Kestrel, Changed my Life by Richard Hines.Charles Foster - 2020 - Common Knowledge 26 (1):154-154.
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  45.  32
    The ethics of non-consensual HIV testing are not substantively different from the ethics of overriding the right not to know a test result.Charles Foster - 2016 - Journal of Medical Ethics 42 (2):106-107.
  46.  15
    The law and ethics of dementia.Charles Foster, Jonathan Herring & Israel Doron (eds.) - 2014 - Portland, Oregon: Hart Publishing.
    Dementia is a topic of enormous human, medical, economic, legal and ethical importance. Its importance grows as more of us live longer. The legal and ethical problems it raises are complex, intertwined and under-discussed. This book brings together contributions from clinicians, lawyers and ethicists – all of them world leaders in the field of dementia – and is a comprehensive, scholarly yet accessible library of all the main (and many of the fringe) perspectives. It begins with the medical facts: what (...)
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  47.  22
    What a Fish Knows: The Inner Lives of Our Underwater Cousins by Jonathan Balcombe.Charles Foster - 2018 - Common Knowledge 24 (2):315-316.
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  48.  18
    What’s So Great about Consciousness?Charles Foster - 2021 - American Journal of Bioethics Neuroscience 12 (2-3):140-142.
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  49.  11
    Intuitively Rational: How We Think and How We Should.Andrew McGee & Charles Foster - 2024 - Springer Nature Switzerland.
    This book is about the respective roles of intuition and reasoning in ethics. It responds to a number of well-known philosophers and psychologists, and proposes a new perspective – radical in its moderation. It examines in depth the work of the philosopher Joshua Greene and the psychologist Jonathan Haidt. With the so-called empirical turn in ethics, much work has been done to try to isolate the role of reason and intuition in forming our moral judgements, with Haidt and Greene leading (...)
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  50.  24
    One hundred years of science teaching in Great Britain.Charles Foster - 1937 - Annals of Science 2 (3):335-344.
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