Where do a doctor's responsibilities lie in communicating diagnostic and predictive genetic information to a patient's family members? On the one hand, a patient may wish to retain confidentiality while the relatives seek information; on the other, a patient may wish to share the information while the relatives would rather not know. This volume investigates the doctor's professional legal and ethical obligations in the context of these two familial tensions. The examination is conducted within the liberal-communitarian debate, whereby the two philosophies hold different perceptions of the individual and the relationship he or she has with others. Within this theoretical framework, the book examines the approach taken by English medical law and ethics to the communication of genetic information to family members. Legally, the focus is on tort law and the law of confidentiality. Ethically, it concentrates on the approach taken by the bioethical literature, and more specifically by codes of ethics and professional guidelines.

The third edition of this work on family law, comprising text, cases and materials, provides not only an explication of legal principle but also explores, primarily from a feminist perspective, some of the assumptions about, and constructions of, gender, sexual orientation, class and culture that underlie the law. It examines the ideology of the family and, in particular, the role of the law in contributing to and reproducing that ideology. Structured around the themes of equality, welfare, and family privacy, the book aims to offer the benefits of a textbook while also giving students a wide-ranging set of materials for classroom discussion. As well as providing a firm grounding in family law, the text sets the law in its social and historical context and encourages a critical approach by students to the subject. It provides an ideal introduction to family law for undergraduates, but will be equally helpful for postgraduate students of family law for whom it provides a challenging selection of materials set within a theoretical framework rich in ideas and arguments. Review of the second edition: 'Diduck and Kaganas examine legal developments to shed light on society, principally by investigating the ways in which family law constructs and regulates family life and responsibilities. Theirs is an important and ambitious book that aims ultimately at a feminist restatement of family law. .... [T]he [book] is written and referenced in such depth that it is a useful resource for legal as well as social science researchers at all levels, whether looking for theoretical inspiration or drawing up a literature review. The range of diverse sources that Diduck and Kaganas draw on is impressive: they seem to have included every bit of material that helps feminists make sense of family law. There is a well-pitched selection of further reading of such material at the end of each chapter. What's more, they undersell themselves by describing their book as "Text, Cases and Materials", because they have woven by far the largest proportion of the cases and materials into the text.' Helen Reece, Times Higher Education, May 2007. Reviews of first edition: 'A stimulating work which attempts to situate family law in its social, historical and political context. Its appeal should not be confined to family law students, as its commitment to a critical and analytical approach offers insights and ideas with broader significance.' Mary Childs, Child and Family Law Quarterly, September 2002 'The arguments are provocative, the analysis is stimulating and the materials amassed strongly support the authors' aim to question the "axiomatic status of what is traditionally designated as the family".' Fiona E Raitt, Infant and Child Development, September 2002 'It is not often that one can say of a textbook in Law that it "makes interesting reading" with quite the enthusiasm that can be expressed for this text. This new publication offers something that few textbooks seem to offer - a book you CAN open up virtually anywhere and find an interesting piece on almost any aspect of the broad family law spectrum.' Penny Booth, The Law Teacher, September 2002 'All the major themes in feminist and constructionist perspectives in family law are presented together with a wealth of readings and extensive references. As a teaching manual, it is excellent - a coherent feminist perspective across the entire range of family law' Marty Slaughter, Feminist Legal Studies, July 2003

This book assesses the role of social justice in legal scholarship and its potential future development by focusing upon the ‘leading works’ of the discipline. The rise of socio-legal studies over recent decades has led to a more interdisciplinary approach to the study of law, which prioritises placing law into its wider social context. Recognising the role that culture, economics and politics play in the development of law is important in order to fully understand the position and impact of law in society. Innovative and written in an engaging way, this collection includes leading and emerging scholars from across the world. Each contributor has been invited to select and analyse a ‘leading work’, a publication which has for them shed light on the way that law and social justice are interlinked and has influenced their own understanding, scholarship, advocacy, and, in some instances, activism. The book also includes a specially written foreword and afterword, which critically reflect upon the contributions of the 'leading works' to consider the role that social justice has played in law and legal education and the likely future path for social justice in legal scholarship. This book will be an essential resource for all those working in the areas of social justice, socio-legal studies and legal philosophy. It will be of wider interest to the social sciences more generally.

Society, Ethics, and the Law: A Reader is an engaging, thoughtful, and academic text designed to help students make connections to ethical issues using real-world examples and thought-provoking discussion questions. Comprised of 57 original articles, topics range from traditional philosophical based academic articles to conversational style narratives of practitioners’ experiences with ethical issues within the criminal justice system. Content spans areas of criminal justice from traditional (police, courts, and corrections), to popular culture (rap, social media, and technology), to timely (immigration, gun control, and mental health). Authored by real-world experts, "Character in Context" sections illustrate how ethics impacts daily life. These include, among others, Jim Obergefell’s perspective on society, ethics, and the law as it relates to his experience as plaintiff in the Supreme Court Case Obergefell V. Hodges- the case that legalized gay marriage.

Presenting real life cases from clinical practice, this book claims that children can be conceived of as moral equals without ignoring the fact that they still are children and in need of strong family relationships. Drawing upon recent advances in childhood studies and its key feature, the ‘agentic child’, it uncovers the ideology of adultism which has seeped into much what has been written about childhood ethics. However, this book also critically examines those positions that do accord moral equality to children but on grounds not strong enough to support their claim. It lays the groundwork for a theory of moral equality by assessing the concepts of parenthood, family, best interest, paternalism, and, above all, autonomy and trust which are so important in envisioning what we owe the child. It does not only show how children – like adults – should be considered moral agents from infancy but also how ethical theories addressing adults can significantly profit from recognizing this. The analysis takes into account contributions from European as well as American scholars and makes use of a wide range of ethical, psychological, cultural, and social-scientific research.

Health and healthcare are vitally important to all of us, and academic interest in the law regulating health has, over the last 50 years, become an important field of academic study. An analysis of the development of, changes in, and scope of health law and ethics to date, is both timely and of interest to students and scholars alike, along with an exploration of its likely future development. This work brings together contributions from leading and emerging scholars in the field. Each contributor has been invited to select and analyse a ‘leading work’, which has for them shed light on the way that health law and ethics has developed. The chapters are both autobiographical, reflecting upon the works that have proved significant to contributors, and also critical analyses of the current state of the field. This collection also includes a specially written Introduction and Conclusion, which critically reflect upon the development of health law and ethics and its likely future developments in the light of the reflections by contributors on their chosen leading works. The book will be of interest to students, teachers, and researchers in health law and ethics, as it provides critical discussions and assessments of some of the leading scholarship in the field.

The rehabilitation of Confucian tradition raised new challenges to Chinese feminist thinkers. Can a Confucian ideal of reciprocity help women realize their equality? What is the hope for Chinese women seeking a social ideal of equality given the growing gender gap in the current economic development of China? Yuan argues Confucianism cannot help unless it is integrated with feminism. In this book, Yuan explores why gendered stratifications perpetuated so deeply in today’s China through the influences of Confucian cultural tradition, but reading early Confucian texts as a cosmological vision of Ren with Dao and ontological oneness as a whole that is the unity of heaven, earth, and humanism, we might reclaim Confucian egalitarian aspects to develop its openness for gender equity with integration of feminist critical care ethics. Throughout the book, Yuan provides multiple perspectives of comparison: relational self vs. power differentials, gender roles differences vs. political demand for equality, and individual reciprocity vs. connection based reciprocity, etc. to embrace inclusive methodology and caring democracy. We see a great hope to break through stereotypes of binary thinking of Minben (people oriented) and Minzhu (autonomous democracy), gender division of labor, reason and emotion, etc. Yuan argues we should integrate feminist critical thoughts of global justice/care with early Confucianism, since both traditions emphasize caring relationships in humanity and interdependency between social individuals within and beyond their communities in a global scale. Importantly, the integration enlarges our philosophical visions of how cultural traditions can be undeniable sources for strengthening contemporary social ideas of humanity, democracy, equality, and freedom for all.

"Casebook on bioethics and the law for law school students"--

This book examines challenges in bioethics from medical, ethical, legal, and industrial perspectives. A critical exchange of ideas from professionals in interdisciplinary fields allows all people to learn and benefit from their far-reaching insights gained through personal and professional experiences in medicine and research. Examining these complex issues, ranging from brain-computer interfaces to disabilities in health care to the determination of death to safe injection sites presents viable paradigms for all healthcare professionals who are being confronted with these issues today and in the future. The more we face these challenges directly, examine them critically, analyze them thoroughly, and debate them enthusiastically, the more knowledge will be gained and, hopefully, more lives will be saved.

This book argues that the legal understanding of 'family' in the UK continues to be underpinned by the idealised image of the 'nuclear family', premised upon the traditional, gendered roles of 'father as breadwinner' and 'mother as homemaker'. This examination of the law's model of the 'family' has been prompted by the substantial reforms that have taken place in family law in recent decades, and the significant evolution in social attitudes and familial practices that has occurred in parallel. Throughout the book, the influence of the nuclear family is noted in several different contexts: various specific legal definitions of 'family', the legal regulation of adult, conjugal relationships, the attribution of legal parenthood and the construction of the role of the 'parent' within the law. Ultimately, this book argues that while these reforms have resulted in additional categories of relationship coming to be situated within the nuclear family model, there has not, as yet, been any fundamental alteration of the underpinning concept of the nuclear family itself. This book concludes by considering the possibilities offered beyond the 'nuclear family'; exploring the reconceptualising of the legal understanding of 'family' around alternative and potentially 'radical' models of 'family'.