krainaksiazek the ethical lawyer a caribbean perspective 20126342
- znaleziono 3 produkty w 1 sklepie
Choosing Life, Choosing Death Bloomsbury Publishing
Książki / Literatura obcojęzyczna
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 justified, and suggesting how other principles can and should contribute to the law. It concludes that autonomy's status cannot be intellectually or ethically justified, and that positive discrimination in favour of the other balancing principles is urgently needed in order to avoid some sinister results. 'This book is a sustained attack on the hegemony of the idea of autonomy in medical ethics and law. Charles Foster is no respecter of authority, whether of university professors or of law Lords. He grabs his readers by their lapels and shakes sense into them through a combination of no-nonsense rhetoric and subtle argument that is difficult to resist.' Tony Hope, Professor of Medical Ethics, Oxford University 'This book is unlikely to be in pristine state by the time you have finished reading it. Whether that is because you have thrown it in the air in celebration or thrown it across the room in frustration will depend on your perspective. But this book cannot leave you cold. It is a powerful polemic on the dominance of autonomy in medical law, which demands a reaction. Charles Foster sets out a powerful case that academic medical lawyers have elevated autonomy to a status it does not deserve in either ethical or legal terms. In a highly engaging, accessible account, he challenges many of the views which have become orthodox within the academic community. This will be a book which demands and will attract considerable debate.' Jonathan Herring, Exeter College, Oxford University 'This is a learned, lively and thought-provoking discussion of problems central to the courts' approach to ethical issues in medical law. What principles are involved? More significantly, which really underlie and inform the process of seeking justice in difficult cases? Charles Foster persuasively argues, and demonstrates, that respect for autonomy is but one of a number of ethical principles which interact and may conflict. He also addresses the sensitive issue of the extent to which thoughts and factors which go to influence legal decisions may not appear in the judgments.' Adrian Whitfield QC. 'Introducing the Jake La Motta of medical ethics. Foster is an academic street-fighter who has bloodied his hands in the court room. He provides a stinging, relentless, ground attack on the Goliath of medical ethics: the central place of autonomy in liberal medical ethics. This is now the first port of call for those who feel that medical ethics has become autonomized.' Julian Savulescu, Uehiro Chair in Practical Ethics, University of Oxford. "This important book offers a robust challenge to anyone, whether lawyer or 'ethicist', who sees respect for autonomy as the only game in town. It argues eloquently and effectively that, on the one hand, despite the reverence paid to it by judges, in practice the law, even in the context of consent, weaves together a number of moral threads of which autonomy is merely one, in the pursuit of a good decision. It argues on the other hand, that were the day-to-day practice of law to be guided primarily by respect for autonomy, this would be wrong. Foster concludes that whilst, 'any society that does not have laws robustly protecting autonomy is an unsafe and unhappy one', so too would be a society in which too much emphasis was placed on respect for autonomy at the expense of other important moral principles. This is essential reading for anyone interested in the role of autonomy and indeed of medical ethics, in the law." Michael Parker, Professor of Bioethics, University of Oxford
On Collecting COMBINED ACADEMIC PUBLISHERS
Książki / Literatura obcojęzyczna
The movement of a work of art from artist's studio to gallery, to collector, and to curator sometimes follows a clear and distinct route, easily discernable from start to finish. In other cases, the trail twists and turns, traveling a number of byways before arriving at its destination. The details of negotiations surrounding the acquisition of a collection, the purchase or commission of art from individual artists, and sales involving dealers are usually arranged quietly, out of the public's view. In this collection of essays, the Museum of International Folk Art and, in particular, the Diane and Sandy Besser Collection of folk and tribal art serve as touchstones for understanding the journey of an artwork from its place of origin to a private collection, and finally to a museum that conserves, presents, and interprets its collections for the benefit of the public. Each essay examines the collecting process from a different perspective: collector, dealer, artist, curator, museum director, or lawyer. Writing from these varied viewpoints, the authors share their experiences, using examples drawn from their personal and professional lives. The volume's contributors offer readers a glimpse behind the scenes into the roles and relationships that influence the transfer of private collections. "On Collecting" is illustrated with images of the Besser collection, which includes ceramics, textiles, beadwork, miniature bronzes, masks, bultos (three-dimensional wood-carvings of saints), and retablos (painted devotional images) from New Mexico, as well as intricately carved dagger handles, slingshots, ceremonial objects, curing dolls, and jewelry from around the globe. The book contributes to a greater understanding of the collecting process and the convoluted courtship rituals involving collectors, donors, museum staff, and board members. These essays illuminate the challenges faced by museums of all sizes that engage in the complex ethical, legal, emotional, and intellectual process by which privately held collections are transferred to the public trust. Joyce Ice was the director of the Museum of International Folk Art in Santa Fe, New Mexico from 1999-2008. Other contributors are Sandy Besser, Daniel H. Cook, Susannah Evans, Arthur Lopez, Tey Marianna Nunn, Carmella Padilla, and Luis Tapia.
Legal Aid Lawyers and the Quest for Justice Bloomsbury Publishing
Książki / Literatura obcojęzyczna
This book examines the state of access to criminal justice by considering the health of the lawyer-client relationship under legal aid. In the largest study of its kind for some two decades, ethnographic fieldwork is used to gain a fresh perspective upon the interaction that lies at the heart of the criminal justice system's equality of arms. The research produces two contradictory messages; in interview, lawyers claim a positive relationship with their clients while, under participant observation, there emerges quite the opposite. Paying more heed to what was seen than what was said, it is supposed that these lawyers were able to talk the talk but not walk the walk. The lawyers treat their clients with wanton disrespect; making fun of them, talking over them and pushing them to plead guilty - despite protestations to the contrary. The evidence is damning for this branch of the legal profession - and tragic for the clients who depend on them. What is responsible for this malaise...inadequate financial remuneration? Increased time pressures? Lapsed ethical training? Whatever the origin, this book is intended to show the profession that there is a problem - one that could get worse unless they choose to learn from the mistakes made by the lawyers in this study.
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