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Now revised and expanded to cover today's most pressing health threats, "Public Health Law and Ethics "probes the legal and ethical issues at the heart of public health through an incisive selection of government reports, scholarly articles, and relevant court cases. Companion to the internationally acclaimed text "Public Health Law: Power, Duty, Restraint, "this reader can also be used as a stand-alone resource for students, practitioners, scholars, and teachers. It encompasses global issues that have changed the shape of public health in recent years including anthrax, SARS, pandemic flu, biosecurity, emergency preparedness, and the transition from infectious to chronic diseases caused by lifestyle changes in eating and physical activity. In addition to covering these new arenas, it includes discussion of classic legal and ethical tensions inherent to public health practice, such as how best to balance the police power of the state with individual autonomy.
This is the first book to outline a basic philosophy of ecology using the standard categories of academic philosophy: metaphysics, axiology, epistemology, aesthetics, ethics, and political philosophy. The problems of global justice invariably involve ecological factors. Yet the science of ecology is itself imbued with philosophical questions. Therefore, studies in ecological justice, the sub-discipline of global justice that relates to the interaction of human and natural systems, should be preceded by the study of the philosophy of ecology. This book enables the reader to access a philosophy of ecology and shows how this philosophy is inherently normative and provides tools for securing ecological justice. The moral philosophy of ecology directly addresses the root cause of ecological and environmental injustice: the violation of fundamental human rights caused by the inequitable distribution of the benefits (economies) and costs (diseconomies) of industrialism. Philosophy of ecology thus has implications for human rights, pollution, poverty, unequal access to resources, sustainability, consumerism, land use, biodiversity, industrialization, energy policy, and other issues of social and global justice. This book offers an historical and interdisciplinary exegesis. The analysis is situated in the context of the Western intellectual tradition, and includes great thinkers in the history of ecological thinking in the West from the natural sciences, social sciences and humanities. Keller asks the big questions and surveys answers with remarkable detail. Here is an insightful analysis of contemporary, classical, and ancient thought, alike in the ecological sciences, the humanities, and economics, the roots and fruits of our concepts of nature and of being in the world. Keller is unexcelled in bridging the is/ought gap, bridging nature and culture, and in celebrating the richness of life, its pattern, process, and creativity on our wonderland Earth. Holmes Rolston, III University Distinguished Professor, Colorado State University Author of A New Environmental Ethics: The Next Millennium for Life on Earth (2012) Mentored by renowned ecologist Frank Golley and renowned philosopher Frederick Ferre, David Keller is well prepared to provide a deep history and a sweeping synthesis of the "idea of ecology"-including the metaphysical, epistemological, and ethical aspects of that idea, as well as the scientific. J. Baird Callicott University Distinguished Research Professor, University of North Texas Author of Thinking Like a Planet: The Land Ethic and the Earth Ethic (2013)
This timely Research Handbook provides a critical conceptualization and definition of the growing field of global health law. The Research Handbook forms the first comprehensive study on the treatment of health issues in international legal regimes and explores the role of international law in addressing the most prominent global health challenges. The editors have consciously adopted a holistic approach by including `soft' norms and informal law-making processes in the Research Handbook's scope to give a realistic account of the normative framework that shapes contemporary global health. Despite following a predominantly legal perspective, the Research Handbook also adopts an interdisciplinary approach by looking at health from a governance perspective and using insights from international relations scholarship in forecasting possible future developments surrounding health law. The Research Handbook features contributions from a team of leading international legal scholars who have experience of approaching the issue of global health from multiple angles. International law scholars who are seeking information on the growing role of health in governance trends will find this Research Handbook to be of great interest. Public health scholars who are researching international legal perspectives on health practice and policy will also find it to be a valuable resource.
On January 6, 1908, the Supreme Court ruled that when land is set aside for the use of Indian tribes, that reservation of land includes reserved water rights. The Winters Doctrine, as it has come to be known, is now a fundamental principle of both federal Indian law and water law and has expanded beyond Indian reservations to include all federal reservations of land. Ordinarily, there would not be much to say about a one hundred-year-old Supreme Court case. But while its central conclusion that a claim to water was reserved when the land was reserved for Indians represents a commitment to justice, the exact nature of that commitment--its legal basis, scope, implications for non-Indian water rights holders, the purposes for and quantities of water reserved, the geographic nexus between the land and the water reserved, and many other details of practical consequence--has been, and continues to be, litigated and negotiated. In this detailed collection of essays, lawyers, historians, and tribal leaders explore the nuances of these issues and legacies.
The development of gene-based technologies has been rapid over the past decade and has consequently resulted in a surge of interest in human gene therapy, the deliberate transfer of genes to somatic cells to cure or alleviate disease symptoms.
The English legal system in the area of social work with children and families can be bewildering and complex and it is vital therefore that any textbook on the subject uses case law, case studies and research to critically-engage social workers and students alike. This book does just that - by examining, and putting into clear practical context, the current law and policy relating to social work with children and families. A guide for both students on placement as well as Newly Qualified Social Workers (NQSWs) entering their first roles within children and families teams, Practical Child Law for Social Workers is essential reading for a fast-paced and complex area of social work.
Do doctors fix patients? Or do they heal them? For all of modern medicine's many successes, discontent with the quality of patient care has combined with a host of new developments, from aging populations to the resurgence of infectious diseases, which challenge medicine's overreliance on narrowly mechanistic and technical methods of explanation and intervention, or "fixing' patients. The need for a better balance, for more humane "healing" rationales and practices that attend to the social and environmental aspects of health and illness and the experiencing person, is more urgent than ever. Yet, in public health and bioethics, the fields best positioned to offer countervailing values and orientations, the dominant approaches largely extend and reinforce the reductionism and individualism of biomedicine. The collected essays in To Fix or To Heal do more than document the persistence of reductionist approaches and the attendant extension of medicalization to more and more aspects of our lives. The contributors also shed valuable light on why reductionism has persisted and why more holistic models, incorporating social and environmental factors, have gained so little traction. The contributors examine the moral appeal of reductionism, the larger rationalist dream of technological mastery, the growing valuation of health, and the enshrining of individual responsibility as the seemingly non-coercive means of intervention and control. This paradigm-challenging volume advances new lines of criticism of our dominant medical regime, even while proposing ways of bringing medical practice, bioethics, and public health more closely into line with their original goals. Precisely because of the centrality of the biomedical approach to our society, the contributors argue, challenging the reductionist model and its ever-widening effects is perhaps the best way to press for a much-needed renewal of our ethical and political discourse.
The European Union is poised to establish a genuine European Energy Union with the new powers conferred on it by the Lisbon Treaty. Since 2014, it has been developing and implementing an energy strategy that responds to the three overarching priorities of climate change, political security, and economic competitiveness by 2030. The European Energy Union aims to provide secure, sustainable and affordable energy throughout the cycle of production, transport and consumption. This book outlines the legal regime underpinning this regulatory strategy, which integrates EU law with international law and with the law of the member states and affiliated states. It analyses and explains the increasing interaction between these legal orders in achieving the shared objective of transforming the European and global energy systems. This book will appeal to scholars and students of energy law and Policy at both European and international levels.
Voting is fundamental to our democracy and federal law generally requires polling places to be accessible to all eligible voters, including those with disabilities and the elderly. However, during the 2000 federal election, the Government Accountability Office (GAO) found that only 16 percent of polling places had no potential impediments to voting access for people with disabilities. To address these and other issues, Congress enacted the Help America Vote Act of 2002 (HAVA), which required each polling place to have an accessible voting system by 2006. Congress asked the GAO to reassess voting access on Election Day 2008, and also to study voter accessibility at long-term care facilities. This book examines the progress made from 2000 to 2008 to improve voter accessibility in polling places, including relevancy to long-term care facilities and the steps the Department of Justice has taken to enforce HAVA voting access provisions.
The book explores and explains the relationship between law and ethics in the context of medically related research in order to provide a practical guide to understanding for members of research ethics committees (RECs), professionals involved with medical research and those with an academic interest in the subject. Healthcare Research Ethics and Law sets out the law as it relates to the functions of Research Ethics Committees (RECs) within the context of the process of ethical review and aims to be accessible and readily understood by REC members. Each chapter begins by locating the material within the practical context of ethical review and then provides a more theoretical and analytical discussion detailing how the theory and practice fit together. The key legal issues of confidentiality, consent and negligence are addressed in detail, alongside practical guidance as to how and when liability may be incurred in these areas. In addition, the practical and legal implications of the implementation of European Directive 2001/20/EC, the Human Tissue Act 2004 and the Mental Capacity Act 2005 are considered alongside a discussion of their socio-political background and relevance for medical research in the UK.
Social Work Law in Scotland provides a practical guide to the legal framework within which social work operates. Providing accessible explanations of law, the book provides coverage of key areas of law in social work including those relating to children, families and adult services. Social Work Law in Scotland is designed for use by students studying for a degree in social work as well as those in the profession.
This accessible textbook offers the first critical introduction to the UK's urban and rural planning policy. Andrew Gilg explains and evaluates policy development at each of the key stages: Objectives: What is the aim of planning in the UK?Methods: How appropriate is UK planning legislation?Procedures: How effective are the planning organizations and processes?Impacts: To what extent have planning policies addressed planning problems?
Teaching devices and case studies are used throughout to illustrate the planning process. The text concludes with a discussion of the measurement of the success or failure of planning practices.
Planning in Britain will be essential reading for all planning students, as well as geographers and land economists studying land use planning.
Autonomy is often said to be the dominant ethical principle in modern bioethics, and it is also important in law. Respect for autonomy is said to underpin the law of consent, which is theoretically designed to protect the right of patients to make decisions based on their own values and for their own reasons. The notion that consent underpins beneficent and lawful medical intervention is deeply rooted in the jurisprudence of countries throughout the world. However, Autonomy, Consent and the Law challenges the relationship between consent rules and autonomy, arguing that the very nature of the legal process inhibits its ability to respect autonomy, specifically in cases where patients argue that their ability to act autonomously has been reduced or denied as a result of the withholding of information which they would have wanted to receive.
Sheila McLean further argues that the bioethical debate about the true nature of autonomy - while rich and challenging - has had little if any impact on the law. Using the alleged distinction between the individualistic and the relational models of autonomy as a template, the author proposes that, while it might be assumed that the version ostensibly preferred by law - roughly equivalent to the individualistic model - would be transparently and consistently applied, in fact courts have vacillated between the two to achieve policy-based objectives. This is highlighted by examination of four specific areas of the law which most readily lend themselves to consideration of the application of the autonomy principle: namely refusal of life-sustaining treatment and assisted dying, maternal/foetal issues, genetics and transplantation.
This book will be of great interest to scholars of medical law and bioethics.
Medicines, Ethics and Practice: The professional guide for pharmacists is the Royal Pharmaceutical Society's established professional guide for pharmacists. This 43rd edition is a revised practical resource which helps pharmacists practice confidently and professionally. It embeds professionalism at the heart of decision-making processes and provides essential information, supporting the pharmacist in their day-to-day practice.
Winner, American Sociological Association Section on Environment and Technology Allan Schnaiberg Outstanding Publication Award The world currently faces several severe social and environmental crises, including economic under-development, widespread poverty and hunger, lack of safe drinking water for one-sixth of the world's population, deforestation, rapidly increasing levels of pollution and waste, dramatic declines in soil fertility and biodiversity, and global warming. Inequality, Democracy, and the Environment sheds light on the structural causes of these and other social and environmental crises, highlighting in particular the key role that elite-controlled organizations, institutions, and networks play in creating these crises. Liam Downey focuses on four topics-globalization, agriculture, mining, and U.S. energy and military policy-to show how organizational and institutional inequality and elite-controlled organizational networks produce environmental degradation and social harm. He focuses on key institutions like the World Bank, the International Monetary Fund, the U.S. Military and the World Trade Organization to show how specific policies are conceived and enacted in order to further elite goals. Ultimately, Downey lays out a path for environmental social scientists and environmentalists to better understand and help solve the world's myriad social and environmental crises. Inequality, Democracy and the Environment presents a passionate expose of the true role inequality, undemocratic institutions and organizational power play in harming people and the environment.
Recent debates about uses and abuses of the human body in medicine have highlighted the need for a thorough discussion of the ethics of the uses of bodies, both living and dead.
Thorough and comprehensive, this volume explores different views of the significance of the human body and contrasting those which regard it as a commodity or personal possession with those which stress its moral value as integral to the personal identity of individuals. The Body in Bioethics addresses a number of key questions including:
This careful study of moral values provides essential background to many of the current controversies in medical ethics and is essential reading for all students of law, medical law and medical ethics.
The Ethics of Sport explores moral issues that arise in sports, especially competitive athletics, in a manner that is accessible not only to sports fans or participants but also to those critical of sports or simply interested in an introduction to the kind of moral issues raised by the practice of athletics. The issues considered range from the more abstract, such as the importance that should be assigned to winning in sports, to specific controversies such as arguments over the use of performance enhancing drugs, the nature of gender equity, and the evaluation of violence in competition. The book explores different sides of these issues and suggests reasonable resolutions to the kinds of ethical questions prevalent in the practice of sports.
This second edition of Building Procurement has been revised to take into account recent developments in procurement, such as the Private Finance initiative, as well as some of the recommendations in the Latham Report and its working groups. The author sets out the basics of the building process, the principal players, along with general conventions and background information on building contracts and conditions of appointment for consultants. Fourteen case studies, based on real projects principally from the author's experience, are included to illustrate the progressive nature of procurement in practice. Examples of good and bad procurement decisions are given in the studies, with a postscript and comment on the reasons for success or failure.
Pauper policies examines how policies under the old and New Poor Laws were conceived, adopted, implemented, developed or abandoned. This fresh perspective reveals significant aspects of poor law history which have been overlooked by scholars. Important new research is presented on the adoption and implementation of 'enabling acts' at the end of the old poor laws; the exchange of knowledge about how best to provide poor relief in the final decades of the old poor law and formative decades of the New; and the impact of national scandals on policy-making in the new Victorian system. Pointing towards a new direction in the study of poor law administration, it examines how people, both those in positions of power and the poor, could shape pauper policies. It is essential reading for anyone with an interest in welfare and poverty in eighteenth and nineteenth-century England. -- .
Using the best scientific evidence, Drugs: America's Holy War explores the impact and cost of America's "War on Drugs" - both in tax spending and in human terms. Is it possible that US drug policies are helping to proliferate, not prevent, a multitude of social ills including: homicide, property crime, the spread of AIDS, the contamination of drugs, the erosion of civil liberties, the punishment of thousands of non-violent people, the corruption of public officials, and the spending of billions of tax dollars in an attempt to prevent certain drugs from entering the country? In this controversial new book, award-winning economist Arthur Benavie analyzes the research findings and argues that an end to the war on drugs, much as we ended alcohol prohibition, would yield enormous international benefits, destroy dangerous and illegal drug cartels, and allow the American government to refocus its attention on public well-being.
Mental health social workers practice within multidisciplinary teams, often based in health settings. In the UK, the variety of services they work within are shaped by mental health policy that is increasingly being influenced by research evidence of 'what works.' This fully-revised second edition has a new chapter on systematic reviews and includes greater coverage of the impact of the 2007 amendment to the UK's Mental Health Act on mental health practitioners and services.
Many social work students find the study of mental health legislation a complex and at times challenging process. Acts of law can seem irrelevant and far-removed from everyday practice and the person-centred approach that many social workers take. This book introduces students to the fundamental principles of mental health law and how they can be applied to everyday practice. There are clear introductions to key Acts such as the Mental Capacity Act and the Mental Health Act as well as the relevant Codes of Practice. These introductions, applied to social work case examples from practice, make this book a perfect key text for the social work law module. Students will see that mental health law doesn't exist in a vacuum and instead develops and evolves through constant interaction with the fundamental principles of sound social work practice.
Speaking from and to the growing movement among academics to become involved with 'socially-engaged' work, this volume presents first-person case studies of attempts to fix serious ethical problems in medical practice and research. It highlights the critical difference between the pundit approach to bioethics and the interventional approach - the talkers and the doers - and points to how abused and damaged the doers often end up. Chapters cover a diverse set of topics, including the troubling influence of for-profit businesses on public health policy, the politics of exposing histories of unjust medical research, the challenges of patient rights' work in sexuality and reproduction, collaborations between NGOs and academics, methods for changing entrenched yet harmful medical practices, engaging public policy through educating governmental leaders, and whistleblowing. The trending interest in the interplay of academia and advocacy and the growing importance of 'socially-engaged' work by academics make this a timely and much-needed resource.
The purpose of this book is to provide practical approaches to designing public reports that make health care performance information clear, meaningful, and usable by consumers. This book includes three reports which focus on the presentation of comparative health care performance data; the background information contained in public reports that frames the decision question, provides a context for using the information, and details the specifics of the data; and the promotion and dissemination of reports. This book also discusses quality reporting on Medicare's compare sites.
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