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Bioethics in Law

:	Bethany Spielman
:	Bioethics in Law
:	Humana Press
:	9781597452953
:	1
:	CHF 49.70
:

:	Allgemeines
:	English

:	186
:	Wasserzeichen/DRM
:	PC/MAC/eReader/Tablet
:	PDF

This groundbreaking volume is the first to analyze how and to what extent bioethics considerations influence today's judges. Previous books have attended to the law that governs bioethics problems, but this is the first to examine when and how bioethical issues impact judicial reasoning and decision-making. The volume examines the cutting-edge of the relationship of bioethics to law, and explores how law receives, assesses, and uses bioethics.

3 ,Institutional Review Board Determinations (p. 56-57)

Institutional review boards (IRBs) were created pursuant to the 1974 National Research Act1 to ensure that the rights and welfare of human subjects would be protected. The Act and implementing regulations were a response to research scandals, such as the Tuskegee Syphilis study, in which black men with syphilis were left untreated for more than three decades by the US Public Health Service, and the Jewish Chronic Disease Hospital study, in which live cancer cells were injected into hospital patients without consent. The regulations delegated to IRBs the responsibility to review and oversee research on human subjects. Although they would be highly regulated, law would rely on them in an ongoing manner. Susan Wolf describes IRBs as a"perfect example of a body conceived to do both law and ethics. They are required to apply the federal regulations, which are law, but those regulations are so open-textured and the overriding mission of IRBs is so clearly to protect human subjects, that IRBs must do ethics too."

IRB recommendations are developed for a particular study and a particular set of researchers—not for litigation purposes. Those recommendations may include whether a study involving human subjects could ethically proceed, whether potential research subjects are"at risk," and if so, whether the risks outweigh the potential benefits to the research subjects and the importance of the knowledge that might be gained from the research, what information should be disclosed in the informed consent process, whether the selection of subjects is equitable, what methods should be used for protecting confidentiality, whether disclosures to subjects regarding confidentiality are adequate, how the data will be monitored to ensure the safety of subjects, and whether incentives to participate can be offered, and, if so, the conditions under which the offer may be made.3 Today, any of these bioethics recommendations, as well as communications regarding the processes by which they were reached, may interact with law.

	Preface	6
	Contents	9
	Introduction	10
	1. Law’s Receptivity to Bioethics	10
	2. Bioethics’ Eclecticism	12
	3. The Approach of This Book	15
	Endnotes	17
	How Does Bioethics Help Judicial Reasoning?	21
	1. How Can Bioethics Testimony Help?	22
	2. When Is Bioethics Testimony Unhelpful?	27
	3. How Can Bioethics Briefs Help?	36
	4. When Are Briefs Unhelpful?	40
	5. Summary	42
	Endnotes	43
	Health Care Ethics Committee Determinations	49
	1. HEC Determinations and Adjudicative Fact	50
	2. HEC Determinations as Legislative Facts	51
	3. HEC Determinations as Normative Fact	55
	4. Summary	61
	Endnotes	62
	Institutional Review Board Determinations	65
	1. IRB Determinations as Normative Fact	67
	2. Normative Weight Conditioned on Legal Compliance	71
	3. IRB Determinations as Legislative Fact	74
	4. IRB Determinations as Adjudicative Facts	75
	5. Summary	77
	Endnotes	78
	Bioethics Commission Reports	81
	1. Reports Provide Adjudicative Facts	82
	2. Reports Provide Legislative Facts	85
	3. Representational Versus Rhetorical Uses	88
	4. Reports Provide Normative Facts	90
	5. Approaches to Moral Pluralism	94
	6. Summary	97
	Endnotes	98
	Bioethics Scholarship	106
	1. Introduction	106
	2. Compelling the Scholar	109
	3. Protective Orders	116
	4. Compensation	117
	5. Summary	119
	Endnotes	120
	Reliability of Bioethics Testimony	128
	1. Bioethics’ Eclecticism	128
	2. Reliability of Ethics Strands	129
	3. Steps in Generally Accepted Approaches to Ethical Reasoning	131
	4. Summary	140
	Endnotes	140
	Reliability of Bioethics Testimony	144
	1. Peer Review as a Default Standard	144
	2. Limits of Peer Review	154
	3. Summary	157
	Endnotes	157
	Reliability of Bioethics Testimony	161
	1. Bioethics Experience and Skills	161
	2. Skills and the Task at Hand	163
	3. Steps in Reaching a Conclusion	166
	4. Reliable Application of the Skill	170
	5. Another Criterion and Other Skills	171
	6. Summary	176
	Endnotes	177
	Conclusion	181