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Religion, Medicine and the Law

Clayton O Neill



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CRC Press Inc
28 November 2018
Is the legal protection that is given to the expression of Abrahamic religious belief adequate or appropriate in the context of English medical law? This is the central question that is explored in this book, which develops a framework to support judges in the resolution of contentious cases that involve dissension between religious belief and medical law, developed from Alan Gewirth's Principle of Generic Consistency (PGC).

This framework is applied to a number of medical law case studies: the principle of double effect, ritual male circumcision, female genital mutilation, Jehovah's Witnesses (adults and children) who refuse blood transfusions, and conscientious objection of healthcare professionals to abortion. The book also examines the legal and religious contexts in which these contentious cases are arbitrated. It demonstrates how human rights law and the proposed framework can provide a gauge to measure competing rights and apply legitimate limits to the expression of religious belief, where appropriate. The book concludes with a stance of principled pragmatism, which finds that some aspects of current legal protections in English medical law require amendment.
By:   Clayton O Neill
Imprint:   CRC Press Inc
Country of Publication:   United States
Dimensions:   Height: 234mm,  Width: 156mm, 
Weight:   467g
ISBN:   9780815359470
ISBN 10:   0815359470
Series:   Biomedical Law and Ethics Library
Pages:   220
Publication Date:   28 November 2018
Audience:   College/higher education ,  Further / Higher Education
Format:   Hardback
Publisher's Status:   Active

Clayton O Neill is a Lecturer in Law at Nottingham Law School, Nottingham Trent University, UK. He has recently co-edited a book, entitled Global Patient Safety Law Policy and Practice (Routledge).

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