The Anglo-American law review最新文献

Confidentiality, codes and courts: an examination of the significance of professional guidelines on medical ethics in determining the legal limits of confidentiality. 保密、守则和法院:审查医疗道德专业准则在确定保密的法律限度方面的重要性。

The Anglo-American law review Pub Date : 2000-01-01 DOI: 10.1177/147377950002900103

P Moodie, M Wright

引用次数: 2

Physician assisted suicide: a second view from Mid-Atlantic. 医生协助自杀:来自中大西洋的第二视角。

The Anglo-American law review Pub Date : 1999-07-01 DOI: 10.1177/147377959902800302

D W Meyers, J K Mason

{"title":"Physician assisted suicide: a second view from Mid-Atlantic.","authors":"D W Meyers, J K Mason","doi":"10.1177/147377959902800302","DOIUrl":"https://doi.org/10.1177/147377959902800302","url":null,"abstract":"The concept of physician assisted suicide (PAS) raises fundamental legal and moral questions. In this article we look at its current position in the United States and the United Kingdom, at on-going efforts to decriminalize it, and at arguments in favour of and against such proposals. We also offer our own cautious views. In this article, we limit the practice of PAS to those instances where a competent adult earnestly requests assistance in dying from his or her physician during the last stages of an intolerable and terminal illness and, as a consequence, the physician prescribes a lethal drug or provides other facilities by which the patient may end his or her life. The only exception lies in those instances where the patient is physically unable to make use of the help given; in such circumstances, our definition would include active participation by the physician. “Terminal illness”, however, has no precise meaning. The United States’ Uniform Rights of the Terminally Ill Statute’ requires that death is expected “in a relatively short time” which is, itself, inexact but which has the advantage of eliminating tedious arguments as to precision. We are happy, for present purposes, to interpret it as referring to an incurable illness which, within reasonable medical certainty, is expected to bring about death within approximately six months regardless of medical intervention. The definition of PAS itself is one to be considered carefully. Must it, inevitably, include more than merely ”leaving the pills”? Take, at one extreme, the doctor who disconnects the ventilator when asked to do so in, say, an advanced case of motor neurone disease is this to be classed as withdrawal of treatment at the patient’s request or as assisted suicide? Or, at the other extreme, what of the physician who performs the venepuncture and holds the syringe of potassium","PeriodicalId":82933,"journal":{"name":"The Anglo-American law review","volume":"28 3","pages":"265-86"},"PeriodicalIF":0.0,"publicationDate":"1999-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/147377959902800302","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22330584","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

What have we achieved? Reviewing AIDS-related law and policy in Australia. 我们取得了什么成就?回顾澳大利亚与艾滋病有关的法律和政策。

The Anglo-American law review Pub Date : 1989-04-01 DOI: 10.1177/147377958901800302

G T Lansdell

引用次数: 1

Sterilization, the mentally incompetent and the courts. 绝育，精神不健全和法庭。

The Anglo-American law review Pub Date : 1989-04-01 DOI: 10.1177/147377958901800303

D Ogbourne, R Ward

{"title":"Sterilization, the mentally incompetent and the courts.","authors":"D Ogbourne, R Ward","doi":"10.1177/147377958901800303","DOIUrl":"https://doi.org/10.1177/147377958901800303","url":null,"abstract":"Concerns relating to the bases and justifications for judicial intervention in decisions concerning the irreversible sterilization of those who lack mental capacity have been much aired in recent years. In F v. Berkshire HealthAuthority) the House of Lords has attempted to set a firm conceptual basis for the intervention of the Courts. This latest attempt at clarification of the law in scope goes beyond the rulings in Re B,2 and to a large extent amplifies the approach taken by the High Court in Tv. T.3 However desirable the factual conclusion in Re F may be, the criticisms levelled at earlier authorltiess may well be equally valid in respect of Re F. The judgments in Re F are, it is suggested, categorized by vagueness, breadth, and by the failure to establish an adequate regulatory regime providing safeguards for those who are being irreversibly deprived of child bearing capacity. F was an informal mental patient aged 35 but with a mental capacity of a four or five year old person. She was an in-patient at a mental hospital and had formed a sexual relationship with another patient. There was medical evidence that it would be a disaster, from a pyschiatric point of view, for her to become pregnant, in that she could not cope with pregnancy, labour or delivery, nor could she care for a baby. Further medical evidence showed ordinary methods of contraception would not be satisfactory. In those circumstances the medical staff in charge of F decided that the best course was for F to be sterilized, and accordingly F's mother, acting as F's next friend, sought a declaration that it would not be unlawful to sterilze F. In the High Court> Scott Baker J granted the declaration sought. An appeal by the Official Solicitor was dismissed by the Court of Appeale which held that the court would permit such an operation if it was necessary in the public interest. The Court discussed extensively the jurisdiction to make a declaration concerning the legality of the operation,","PeriodicalId":82933,"journal":{"name":"The Anglo-American law review","volume":"18 3","pages":"230-40"},"PeriodicalIF":0.0,"publicationDate":"1989-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/147377958901800303","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25172150","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0