22 found
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  1. Medical Law and Ethics.Jonathan Herring - 2008 - Oxford University Press.
    This book provides a clear, concise description of medical law; but it does more than that. It also provides an introduction to the ethical principles that can be used to challenge or support the law. It also provides a range of perspectives from which to analyse the law: feminist, religious and sociological perspectives are all used.
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  2.  22
    Between the Reasonable and the Particular: Deflating Autonomy in the Legal Regulation of Informed Consent to Medical Treatment.Michael Dunn, K. W. M. Fulford, Jonathan Herring & Ashok Handa - 2019 - Health Care Analysis 27 (2):110-127.
    The law of informed consent to medical treatment has recently been extensively overhauled in England. The 2015 Montgomery judgment has done away with the long-held position that the information to be disclosed by doctors when obtaining valid consent from patients should be determined on the basis of what a reasonable body of medical opinion agree ought to be disclosed in the circumstances. The UK Supreme Court concluded that the information that is material to a patient’s decision should instead be judged (...)
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  3.  35
    Please Don’T Tell Me.Jonathan Herring & Charles Foster - 2012 - Cambridge Quarterly of Healthcare Ethics 21 (1):20.
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  4.  37
    Please Don’T Tell Me.Jonathan Herring & Charles Foster - 2012 - Cambridge Quarterly of Healthcare Ethics 21 (1):20-29.
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  5.  7
    Ethical Framework for Adult Social Care in COVID-19.Charlotte Bryony Elves & Jonathan Herring - 2020 - Journal of Medical Ethics 46 (10):662-667.
    In March 2020, the Government produced a document entitled “Responding to COVID-19: The Ethical Framework for Adult Social Care”. In this article, we summarise the key features of the proposed ethical framework and subject it to critical analysis. We highlight three primary issues. First, the emphasis placed on autonomy as the primary ethical principle. We argue if ever there was a context in which autonomy should dominate the ethical analysis, this is not it. Second, we examine the interface between ethics (...)
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  6. Deep Brain Stimulation and Revising the Mental Health Act: The Case for Intervention-Specific Safeguards.Jonathan Pugh, Tipu Aziz, Jonathan Herring & Julian Savulescu - forthcoming - British Journal of Psychiatry.
    Under the current Mental Health Act of England and Wales, it is lawful to perform deep brain stimulation in the absence of consent and independent approval. We argue against the Care Quality Commission's preferred strategy of addressing this problematic issue, and offer recommendations for deep brain stimulation-specific provisions in a revised Mental Health Act.
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  7.  41
    Why Sexual Penetration Requires Justification.Dempsey Michelle Madden & Jonathan Herring - 2007 - Oxford Journal of Legal Studies 27 (3):467-491.
  8. Human Thriving and the Law.Charles Foster & Jonathan Herring - 2018 - Springer Verlag.
    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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  9.  45
    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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  10.  30
    Identity, Personhood and the Law: Charles Foster and Jonathan Herring. Springer, 2017: ISBN 978-3-319-53458-9: 70 Pp. [REVIEW]Charles Foster & Jonathan Herring - 2018 - Journal of Medical Ethics 44 (1):00-00.
    The law tends to think that there is no difficulty about identifying humans. When someone is born, her name is entered into a statutory register. She is ‘X’ in the eyes of the law. At some point, ‘X’ will die and her name will be recorded in another register. If anyone suggested that the second X was not the same as the first, the suggestion would be met with bewilderment. During X's lifetime, the civil law assumed that the X who (...)
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  11.  21
    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.
  12.  18
    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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  13.  5
    Persons, Parts and Property: How Should We Regulate Human Tissue in the 21st Century?Imogen Goold, Jonathan Herring, Kate Greasley & Loane Skene (eds.) - 2014 - Hart Publishing.
    The contributions in this volume represent a detailed exploration of the salient legal and theoretical puzzles arising out of the body-as-property question, and a collation of the broad spectrum of analyses on offer.
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  14.  41
    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.
  15.  1
    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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  16. The Place of Carers.Jonathan Herring - 2008 - In Michael D. A. Freeman (ed.), Law and Bioethics / Edited by Michael Freeman. Oxford University Press.
     
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  17. 'Advice, Not Orders’? The Evolving Legal Status of Clinical Guidelines.David Metcalfe, Carole Pitkeathley & Jonathan Herring - 2021 - Journal of Medical Ethics 47 (12):78-78.
    Healthcare professionals are expected to deliver care that is consistent with clinical guidelines. In this article, we show that the English courts are increasingly willing to be persuaded by written guidelines when determining the standard of care in cases of alleged clinical negligence. This reflects a wider shift in the approach taken by courts in a number of common law jurisdictions around the world. However, we argue that written guidelines are still only one element that courts should consider when determining (...)
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  18.  18
    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.
  19.  17
    Interconnected, Inhabited and Insecure: Why Bodies Should Not Be Property.Jonathan Herring & P.-L. Chau - 2014 - Journal of Medical Ethics 40 (1):39-43.
    This article argues against the case for regarding bodies and parts of bodies to be property. It claims that doing so assumes an individualistic conception of the body. It fails to acknowledge that our bodies are made up of non-human material; are unbounded; constantly changing and deeply interconnected with other bodies. It also argues that holding that our bodies are property does not recognise the fact that we have different attitudes towards different parts of our removed bodies and the contexts (...)
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  20.  14
    The Human Body as Property? Possession, Control and Commodification.Imogen Goold, Loane Skene, Jonathan Herring & Kate Greasley - 2014 - Journal of Medical Ethics 40 (1):1-2.
    In the wake of three high-profile judicial decisions concerning the use of human biological materials, the editors of this collection felt in 2011 that there was a need for detailed scholarly exploration of the ethical and legal implications of these decisions. For centuries, it seemed that in Australia and England and Wales, individuals did not have any proprietary interests in their excised tissue. Others might acquire such interests, but there had been no clear decision on the rights or otherwise of (...)
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  21.  2
    Sue Westwood: Ageing, Gender and Society: Equality in Late Life: Routledge Research in Gender and Society, Routledge, Abingdon. 2016. 260 Pp. ISBN: 9781138912403.Jonathan Herring - 2018 - Feminist Legal Studies 26 (1):109-111.
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  22.  2
    Correction To: Sue Westwood: Ageing, Gender and Sexuality: Equality in Later Life: Routledge Research in Gender and Society, Routledge, Abingdon. 2016. 260 Pp. ISBN: 9781138912403.Jonathan Herring - 2018 - Feminist Legal Studies 26 (1):113-113.
    In the original publication of the article, the title of the article was incorrectly published. It has been updated in this correction.
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