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Moral quagmires
MORAL QUAGMIRES
Medicine Ethics and the Law MDA Freeman, Ed (Stevens & Sons, London, 1988, 161 pp, index, ISBN 0420 48020 X ; price unknown) The vast upsurge in questions arising at the meeting place of law, medicine, and philosophy caused by science providing doctors with the power to work miracles in regard to creation and prolonging of life has generated a considerable international literature in these areas, and what must be an ever-increasing series of problems in abortion, surrogacy, sterilisation and many such-like matters. This volume of seven essays edited by the Professor of English Law at London University illustrates these problems and the difficulty of fitting them in to the framework of the law. Many of these issues "elude the ingenuity or the skills of lawyers". Amongst the topics covered are "Technology and political economy of reproduction", "Conceiving-a new cause of action", "No fault liability and medical responsibility in New Zealand experience", "Ethical implications of terminal care" and, perhaps the most topical, "Sterilising the mentally handicapped". In that essay Professor Freeman criticises the decision of the Court of Appeal in the case of Re B[1987]2 All E.R.206 as "Nazi-like". That case was the one in which Jeanette, the 17-year-old severely mentally handicapped epileptic with a mental age of 5 or 6, was ordered to be sterilized "in her best interests". Even from a law professor these are strong words. The finding of acceptable answers to problems of this kind is beyond the scope and powers of any one of the professions. Neither the scientists, the doctors nor the lawyers can supply a solution. Answers to these problems must come from the considered response of the community. There is therefore a duty on all professionals to ponder and discuss such matters within and between the professions and with intelligent laymen so that in the long run there may emerge something like a common mind, or at least a measure of consensus on the major issues. Forensic scientists are not excluded from this debate.
ARB
DAMMIT SISTER, WHERE IS SWAB 17?
International Medical Malpractice Law Dieter Giesen (JCB Mohr, Tubingen, 1988, 846 pp, index, ISBN 3166453229, £137; also available from Kluwer Academic Publishers Group, Dordrecht) This massive book-equally intended for lawyers, health care professionals and health administrators-is a work of scholarship. It assembles in the context of comparative law a great mass of information regarding the developments in medical malpractice law in many countries from both the common law and the civil law jurisdictions. The majority of that law is judge-made, but the underlying principles are considered not just as they are at the date of completion of the text (February 1988) but also in relation to their provenance and their drift. The detail is not allowed to obscure the broader picture. One of the reasons for studying comparative law has always been said to be the better appreciation it gives of one's own situation JFSS 1990; 30(2): 113-115
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Medicine Ethics and the Law MDA Freeman, Ed (Stevens & Sons, London, 1988, 161 pp, index, ISBN 0420 48020 X ; price unknown) The vast upsurge in questions arising at the meeting place of law, medicine, and philosophy caused by science providing doctors with the power to work miracles in regard to creation and prolonging of life has generated a considerable international literature in these areas, and what must be an ever-increasing series of problems in abortion, surrogacy, sterilisation and many such-like matters. This volume of seven essays edited by the Professor of English Law at London University illustrates these problems and the difficulty of fitting them in to the framework of the law. Many of these issues "elude the ingenuity or the skills of lawyers". Amongst the topics covered are "Technology and political economy of reproduction", "Conceiving-a new cause of action", "No fault liability and medical responsibility in New Zealand experience", "Ethical implications of terminal care" and, perhaps the most topical, "Sterilising the mentally handicapped". In that essay Professor Freeman criticises the decision of the Court of Appeal in the case of Re B[1987]2 All E.R.206 as "Nazi-like". That case was the one in which Jeanette, the 17-year-old severely mentally handicapped epileptic with a mental age of 5 or 6, was ordered to be sterilized "in her best interests". Even from a law professor these are strong words. The finding of acceptable answers to problems of this kind is beyond the scope and powers of any one of the professions. Neither the scientists, the doctors nor the lawyers can supply a solution. Answers to these problems must come from the considered response of the community. There is therefore a duty on all professionals to ponder and discuss such matters within and between the professions and with intelligent laymen so that in the long run there may emerge something like a common mind, or at least a measure of consensus on the major issues. Forensic scientists are not excluded from this debate.
ARB
DAMMIT SISTER, WHERE IS SWAB 17?
International Medical Malpractice Law Dieter Giesen (JCB Mohr, Tubingen, 1988, 846 pp, index, ISBN 3166453229, £137; also available from Kluwer Academic Publishers Group, Dordrecht) This massive book-equally intended for lawyers, health care professionals and health administrators-is a work of scholarship. It assembles in the context of comparative law a great mass of information regarding the developments in medical malpractice law in many countries from both the common law and the civil law jurisdictions. The majority of that law is judge-made, but the underlying principles are considered not just as they are at the date of completion of the text (February 1988) but also in relation to their provenance and their drift. The detail is not allowed to obscure the broader picture. One of the reasons for studying comparative law has always been said to be the better appreciation it gives of one's own situation JFSS 1990; 30(2): 113-115
113