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Rights, Duties and the Body : Law and Ethics of the Maternal-Fetal Conflict - Rosamund Scott

Rights, Duties and the Body

Law and Ethics of the Maternal-Fetal Conflict

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This book addresses the law and ethics concerning a pregnant woman's refusal of medical treatment needed by the fetus she carries. In England and some U.S. states a pregnant woman can now refuse such treatment. Nevertheless, courts have acknowledged the residual ethical dilemmas, sometimes adverting to the inappropriateness here of legal compulsion of presumed moral duties. This leaves the impression of an uncomfortable split between the ethics and the law. This study seeks to explain and justify a pregnant woman's legal right to refuse medical treatment and thus resolve, so far as possible, the surrounding ethical, legal and social tensions. The idea of day-to-day maternal conduct which may cause prenatal harm is also touched upon. Innovatively, the author adopts a joint philosophical and legal approach directed to issues both of principle and policy, revealing strong conceptual links between the ethics and the law. In addition to an ethical exploration of the maternal-fetal relationship the author explores the relevant English, American and some Canadian arguments from the law of treatment refusal, abortion, tort and rescue.

Industry Reviews

This is an insightful exploration of a difficult issue, and will be of interest to academics in law and philosophy, lawyers, policy makers, health professionals and students of medical law and ethics. The Review Editor ChildRIGHT November 2002 Scott is to be congratulated on a book that makes a valuable and original contribution on an important subject. Her approach is thoughtful and thorough. She identifies and confronts the issues in an honest and open-minded manner. In an area that has all too often been dominated by assertions rather than arguments, Scott offers a sophisticated approach and close and careful analysis. Her book is a rich resource. John Seymour Modern Law Review January 2004

Table of Cases
Table of Legislation
General Introduction: The Problem and the Issues Raised
The Moral Relationship Between a Pregnant Woman and her Fetus: Exploring a Woman's Moral Rights and Duties
The Relation of the Fetus to the Pregnant Womanp. 7
The Relation of the Pregnant Woman to the Fetus: The Interface between her Moral Rights and Dutiesp. 61
Conclusions to Part Ip. 107
The Legal Arguments from Rights
Introduction to the Maternal-Fetal Cases and the Law of Treatment Refusalp. 115
Understanding the Values Underlying and Justifying a Pregnant Woman's Legal Right to Refuse Treatmentp. 185
Conclusions to Part IIp. 263
The Legal Arguments from Duty
"Technical" Arguments from Abortion Lawp. 269
Arguments from Tort Lawp. 289
Arguments from Rescue Lawp. 353
Conclusions to Part IIIp. 389
Concluding the Argumentsp. 391
Bibliography of Works Citedp. 403
Index of Namesp. 423
Subject Indexp. 427
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781841131344
ISBN-10: 1841131342
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 480
Published: 5th August 2002
Country of Publication: GB
Dimensions (cm): 23.5 x 15.88  x 3.18
Weight (kg): 0.84
Edition Number: 1