Readings In Comparative Health Law And Bioethics
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| Author | : Timothy Stoltzfus Jost |
| Publisher | : Turtleback |
| Total Pages | : |
| Release | : 2001-10-01 |
| Genre | : |
| ISBN | : 9780613923651 |
This book presents balanced coverage of the four major areas of concern of health law -- health care organization and finance, the obligations of health care professionals and institutions to patients, bioethics, and public health law. For each of these topics, it presents a carefully edited collection of cases, statutes, and readings. While the book contains many sources from English-speaking, common-law jurisdictions, it also includes a wealth of sources from continental Europe and Japan, as well as from developing countries. Several sources have been translated specifically for this book. Whenever possible, the readings are by authors from the countries whose laws are discussed in the reading. Also, most sources are truly comparative; that is, they analyze the laws of not just one, but of several jurisdictions.While this book is intended in part to inform health policy, it is not just another book about comparative health policy. Rather, it focuses uniquely on comparative health law -- how law, legal systems, and legal institutions influence health care recipients, professionals, institutions, and systems. Thus, for example, this book is not so much concerned with how various health care systems ration care as it is with the role of the courts or of administrative agencies in health care rationing.This is the first book to offer a text for teaching courses in comparative health law and bioethics in American law, public health, medical or nursing schools. It is also ideally suited for the comparative emphasis of summer courses abroad or for anyone interested in comparative health law.
| Author | : Timothy S. Jost |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2007 |
| Genre | : Bioethics |
| ISBN | : 9781594602962 |
This new edition updates and expands the first. Readings in Comparative Health Law and Bioethics presents balanced comparative coverage of the four major areas of health law: health care organization and finance, the obligations of health care professionals and institutions to patients, bioethics, and public health law. For each of these topics, it presents a carefully edited collection of cases, statutes, and readings. While the book contains many sources from English-speaking, common-law jurisdictions, it also includes a wealth of sources from continental Europe and Japan, as well as from developing countries. Several sources have been translated specifically for this book. Whenever possible, the readings are by authors from the countries whose laws are discussed in the reading. Also, most readings are truly comparative; that is, they analyze the laws of not just one, but of several jurisdictions. While this book is intended in part to inform health policy, it is not just another book about comparative health policy. Rather, Jost focuses uniquely on comparative health law -- how law, legal systems, and legal institutions influence health care recipients, professionals, institutions, and systems. Thus, for example, this book is not so much concerned with how various health care systems ration care as it is with the role of the courts or of administrative agencies in health care rationing. This is the first book to offer a text for teaching courses in comparative health law and bioethics in American law, public health, medical or nursing schools. It is also ideally suited for the comparative emphasis of summer courses abroad or for anyone interested in comparative health law. "In this initial work, Tim Jost has provided us with a thoughtful and carefully arranged set of materials ideal for classroom use. Let's hope he will craft an equally successful follow-up volume in the near future." -- The Journal of Legal Medicine, 2002, on the first edition
| Author | : George Patrick Smith (II) |
| Publisher | : Routledge |
| Total Pages | : 226 |
| Release | : 2012 |
| Genre | : Law |
| ISBN | : 0415783356 |
George P. Smith, II is a leading figure in the world of medical law and ethics. During his long career he has addressed some of the most important issues in bioethics and has contributed much original thought to the debates in this field. This book celebrates his contribution bringing together his key writings in bioethics. The chapters include previously published material, however, the pieces have been substantially updated to include more recent developments and rewritten drawing out the themes and strands which have run through Professor Smith's thinking over the past fifty years. The book covers topics including: human rights and medical law; the allocation of resources and distributive justice; ethical relativism; science and religion; and public health emergencies. In doing so it offers an excellent overview of the current bioethical issues in medical law in light of recent and ongoing technological developments in medicine. "This collection of essays by one of the world's leading medical lawyers is academic research of the highest quality. With an enviable clarity of thought and force of argument, Professor Smith tackles some of the major issues facing medicine and law today. It is a tour de force by an academic at the height of his powers." Professor Jonathan Herring, University of Oxford.
| Author | : James Gordley |
| Publisher | : Cambridge University Press |
| Total Pages | : 735 |
| Release | : 2021-01-28 |
| Genre | : Law |
| ISBN | : 1108835848 |
Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.
| Author | : David Orentlicher |
| Publisher | : Oxford University Press |
| Total Pages | : 1135 |
| Release | : 2021-08-26 |
| Genre | : Law |
| ISBN | : 0190846771 |
The Oxford Handbook of Comparative Health Law addresses some of the most critical issues facing scholars, legislators, and judges today: how to protect against threats to public health that can quickly cross national borders, how to ensure access to affordable health care, and how to regulate the pharmaceutical industry, among many others. When matters of life and death literally hang in the balance, it is especially important for policymakers to get things right, and the making of policy can be greatly enhanced by learning from the successes and failures of approaches taken in other countries. Where there are "common challenges" in law and health, there is much to be gained from experiences elsewhere. Thus, for example, countries that suffered early from the COVID-19 pandemic provided valuable lessons about public health interventions for countries that were hit later. Accordingly, the Handbook considers key health law questions from a comparative perspective. In health law, common challenges are frequent. In addition to ones already mentioned, there are questions about addressing the social determinants of health (e.g., poverty and pollution), organizing health systems to optimize use of available resources, ensuring that physicians provide care of the highest quality, protecting patient privacy in a data-driven world, and properly balancing patient autonomy with the interest in preserving life when reproductive and end-of-life decisions are made. This Handbook's wide scope and comparative take on health law are particularly timely. Economic globalization has made it increasingly important for different countries to harmonize their legal rules. Students, practitioners, scholars, and policymakers need to understand how health laws vary across national boundaries and how reforms can ensure a convergence toward an optimal set of legal rules, or ensure that specific legal arrangements are needed in particular contexts. Indeed, comparative analysis has become essential for legal scholars, and The Oxford Handbook of Comparative Health Law is the only resource that provides such an analysis in health law.
| Author | : Timothy Jost |
| Publisher | : Duke University Press |
| Total Pages | : 285 |
| Release | : 2007-08-22 |
| Genre | : Political Science |
| ISBN | : 082239054X |
In Health Care at Risk Timothy Stoltzfus Jost, a leading expert in health law, weighs in on consumer-driven health care (CDHC), which many policymakers and analysts are promoting as the answer to the severe access, cost, and quality problems afflicting the American health care system. The idea behind CDHC is simple: consumers should be encouraged to save for medical care with health savings accounts, rely on these accounts to cover routine medical expenses, and turn to insurance only to cover catastrophic medical events. Advocates of consumer-driven health care believe that if consumers are spending their own money on medical care, they will purchase only services with real value to them. Jost contends that supporters of CDHC rely on oversimplified ideas about health care, health care systems, economics, and human nature. In this concise, straightforward analysis, Jost challenges the historical and theoretical assumptions on which the consumer-driven health care movement is based and reexamines the empirical evidence that it claims as support. He traces the histories of both private health insurance in the United States and the CDHC movement. The idea animating the drive for consumer-driven health care is that the fundamental problem with the American health care system is what economists call “moral hazard,” the risk that consumers overuse services for which they do not bear the cost. Jost reveals moral hazard as an inadequate explanation of the complex problems plaguing the American health care system, and he points to troubling legal and ethical issues raised by CDHC. He describes how other countries have achieved universal access to high-quality health care at lower cost, without relying extensively on cost sharing, and he concludes with a proposal for how the United States might do the same, incorporating aspects of CDHC while recognizing its limitations.
| Author | : Tamara K. Hervey |
| Publisher | : Cambridge University Press |
| Total Pages | : 749 |
| Release | : 2015-11-12 |
| Genre | : Law |
| ISBN | : 1107010497 |
The first holistic and thematic study of EU health law, and its implications, through its own internal logics.
| Author | : Timothy Stoltzfus Jost |
| Publisher | : Oxford University Press |
| Total Pages | : 306 |
| Release | : 2003-04-10 |
| Genre | : Medical |
| ISBN | : 0199749051 |
No developed nation relies exclusively on the private sector to finance health care for citizens. This book begins by exploring the deficiencies in private health insurance that account for this. It then recounts the history and examines the legal character of America's public health care entitlements - Medicare, Medicaid, and tax subsidies for employment-related health benefits. These programs are increasingly embattled, attacked by those advocating privatization (replacing public with private insurance); individualization (replacing group and community-based insurance with approaches based on individual choice within markets); and devolution (devolving authority over entitlements to state governments and to private entities). Jost critically analyzes this movement toward disentitlement. He also examines the primary models for structuring health care entitlements in other countries - general taxation-funded national health insurance and social insurance - and considers what we can learn from these models. The book concludes by describing what an American entitlement-based health care system could look like, and in particular how the legal characteristics of our entitlement programs could be structured to support the long-term sustainability of these vital programs.
| Author | : Tamara K. Hervey |
| Publisher | : Cambridge University Press |
| Total Pages | : 541 |
| Release | : 2004-11-04 |
| Genre | : Law |
| ISBN | : 1139455354 |
How does the law of the European Union affect health law and policy? At first sight, it seems limited. However, despite its restricted formal competence, the EU has recently become increasingly involved in the health field. Litigation based on EU law has resulted in a 'right to receive health care services' across national boundaries which may have huge practical implications for national health systems. The EU has promulgated legislation regulating clinical research, and the marketing of pharmaceuticals; patients' rights are affected by EU legislation on data protection and product liability; the qualifications of health care professionals are legally recognised across the EU; and the EU has acted to promote public health. This book explores the various impacts of measures of EU law on national health law and policy. Through elaboration of selected examples, the authors show that, within the EU, health law cannot be regarded as a purely national affair.
| Author | : Jeffrey P. Bishop |
| Publisher | : University of Notre Dame Pess |
| Total Pages | : 432 |
| Release | : 2011-09-19 |
| Genre | : Religion |
| ISBN | : 0268075859 |
In this original and compelling book, Jeffrey P. Bishop, a philosopher, ethicist, and physician, argues that something has gone sadly amiss in the care of the dying by contemporary medicine and in our social and political views of death, as shaped by our scientific successes and ongoing debates about euthanasia and the “right to die”—or to live. The Anticipatory Corpse: Medicine, Power, and the Care of the Dying, informed by Foucault’s genealogy of medicine and power as well as by a thorough grasp of current medical practices and medical ethics, argues that a view of people as machines in motion—people as, in effect, temporarily animated corpses with interchangeable parts—has become epistemologically normative for medicine. The dead body is subtly anticipated in our practices of exercising control over the suffering person, whether through technological mastery in the intensive care unit or through the impersonal, quasi-scientific assessments of psychological and spiritual “medicine.” The result is a kind of nihilistic attitude toward the dying, and troubling contradictions and absurdities in our practices. Wide-ranging in its examples, from organ donation rules in the United States, to ICU medicine, to “spiritual surveys,” to presidential bioethics commissions attempting to define death, and to high-profile cases such as Terri Schiavo’s, The Anticipatory Corpse explores the historical, political, and philosophical underpinnings of our care of the dying and, finally, the possibilities of change. This book is a ground-breaking work in bioethics. It will provoke thought and argument for all those engaged in medicine, philosophy, theology, and health policy.
