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This book tackles the major issues of what has been loosely named 'The New Biology.' Contemporary advances in biotechnology and medical science are creating untold opportunities for not only biological or human engineering, but eugenic advancement as well as preconceptual and prenatal diagnosis-through genetic screening-of genetic diseases. While these new technologies have the ability to shape life even before it begins, they sadly often prolong it past the time it should have a dignified ending. George P. Smith discusses the challenges and the socio-legal, ethical, medical, philosophical, and political constructs involved in the decision making process. ; https://scholarship.law.edu/fac_books/1069/thumbnail.jpg

Building the New Field of Bioethics -- Essays in Honor of K. Danner Clouser -- Principles or Rules? -- Ethics from the Top Down: A View from the Well -- The Influence of K. Danner Clouser: The Importance of Interpersonal Skills and Multidisciplinary Education -- Moral Knowledge, Moral Narrative, and K. Danner Clouser: The Search for Phronesis -- The Wittiest Ethicist -- Are Better Problem-Solvers Better People? -- The Liberal Arts Model of Medical Education: Its Importance and Limitations -- "The More Things Change...": Clouser on Bioethics in Medical Education -- Contract and the Critique of Principlism: Hypothetical Contract as Epistemological Theory and as Method of Conflict Resolution -- Comments and Responses -- Morality and Its Applications -- Concerning Principlism and Its Defenders: Reply to Beauchamp and Veatch -- Responses to Callahan, Dubler, Engelhardt, Jonsen, Kopelman, Mccullough, and Moskop -- Epilogue -- Response to all the Contibutors.

This book examines the controversies surrounding biomedical research in the twenty-first century from a human rights perspective, analyzing the changes in form and content of international instruments for regulating the conduct of biomedical research.

This Monograph derives from a Lecture, under the same title, given in Sydney, Australia, honoring Michael D. Kirby, AC, CMG, Justice of The High Court of Australia. The first part of the Monograph analyses the significant contributions that Justice Kirby has made as a compassionate champion of human rights and acknowledges what is styled as the Kirby Ethic which, in turn, is seen as the foundation for the body of work of the Justice as well as the moving force in his private life as well. Building upon a theory of transcendent idealism which interprets God's purpose as safeguarding the dignity and promoting the salvation of each human soul, the Kirby Ethic embraces eloquently the principle of Love as set forth in St. Paul's Letter to the Corinthians. This, then, becomes not only the cornerstone of the Ethic, itself, but also the yardstick by which the effectiveness of any discourse or implementation of human rights is measured. Without its recognition and acceptance, any coordinate effort to advance the values of honesty, compassion, justice, human goodness and dignity - together with the nobility of life's purpose and the need for tolerance of diversity would be unattainable. The impact of the Kirby Ethic, in a very real way, is tied to an acceptance of moral and ethical values and principles rooted in religion. It is an Ethic of necessity tied, as well, to interdisciplinary approaches to shaping and testing normative values codified in law. The Monograph proceeds to test the extent to which religion impacts, clarifies and shapes the medico-legal deliberative process. Specifically, the Monograph focuses on a comparative (jurisdictional) analysis of the extent to which law, religion, and medical science interact when biomedical conflicts arise. The conclusion drawn is that all three disciplines are, indeed, compatible and not antagonistic this, because both biomedicine and religion respond to the enigma of human suffering. The law, then, serves as a construct through the passage of wise and humane legislation, fair administrative policy making and judicial interpretations designed to assure both distributive and corrective justice in the delivery of health care resources and in the advancement of medical science. This, in turn, promotes an efficient delivery of health care and, thus, combats human suffering as well.

Dignity is seen commonly as an ethical obligation owed to human persons. The dimensions of this obligation in today's post secular society are, however, subject to wide discussion and debate; for the term, human dignity, and its preservation, defies universal agreement. Yet, its preservation, together with the prevention of indignity, is a guiding principle or at least a vector of force in a wide range of issues ranging from recognizing and protecting the civil rights of the citizen members of the LGBTQ community throughout the nation to the care of the disabled and to the dying. In clinical medicine, safeguarding the dignity of the patient is a core responsibility of all physicians to respect patient autonomy and to act with beneficence in health care decisions. Similarly, in protecting the civil rights of free association for all Americans--without reference to gender or sexual lifestyle preferences--contemporary society must accord non-judgmental respect for the actions of its members so long as that conduct is neither harmful nor illegal. Foundational instruments such as The Universal Declaration of Human Rights; The International Covenant on Economic, Social and Cultural Rights; and The Covenant on Civil and Political Rights all codify a mandate to ensure human dignity within various contexts of international conduct. The notion itself is stated normally in grandiloquent terminology without more, and always subject to progressive realization rather than absolute recognition. Ongoing international efforts must continue to be taken to guide the actions of states in seeking to set and to maintain levels of cultural and social conduct, which serve to safeguard human dignity throughout life and especially at its end-stage. Within the United States, five states and the District of Columbia legislatively, and one, judicially, moved toward recognition of a right to die with dignity (when confronted with a diagnosis and a prognosis of medical futility is commendable); for, such actions validate the very essence of autonomy and self-determination, which are correctly viewed as the bulwark of the social order of American society.

"Common morality has been the touchstone for addressing issues of medical ethics since the publication of Beauchamp and Childress's Principles of Biomedical Ethics in 1979. In my presentation, I will challenge that reigning view by presenting two arguments. The negative argument shows why common morality cannot be the ethics of medicine. The positive argument explains why medical professions require their own ethics. I will then explain medicine's distinctive ethics in terms of the trust that society allows to the profession. By distinguishing roles from professions, I will explicate sixteen specific duties that medical professionals undertake when they join the profession. My derivation of medicine's distinctive ethics begins with a thought experiment demonstrating that trust is at the core of medical practice. Society allows doctors to develop special knowledge and skills and allows them to employ special powers, privileges, and immunities that could be particularly dangerous to members of society. Society, therefore, has to be assured that professional's use of their remarkable powers and privileges will be constrained to their intended use. Professions' publically declared codes and oaths go a long way to engender public confidence in medical professionals. Medical education must complete the job by helping our trainees understand their professional obligations and become clinicians who uphold their profession's ethics. Medical educators therefor have to help our students comprehend and internalize their duty to "seek trust and be deserving of it," and uphold their fiduciary responsibility to "use medical knowledge, skills, powers and privileges for the benefit of patients and society." "

Foreword -- Acknowledgments -- 1. Introduction -- 2. Medical Ethics Before Hippocrates -- 3. Hippocrates and Greece -- 4. Rome, Barbarians and Medieval Codes -- 5. Far East: China -- 6. Near and Middle East -- 7. Portugal, Italy, England -- 8. Statement and initial development of Medical ethics In the 19th and 20th centuries -- 9. Italy -- 10. Ethics and Professionality -- 11. U.S.A. and U.S.S.R. -- 12. Informed Consent -- 13. Medical Ethics in the World -- 14. The catholic doctor's prayers Vatican city -- 15. Ethics In The 20th And 21st Centuries -- 16. Medical ethics and bioethics In the 20th century -- 17. Ethics Committees -- 18. Update to years 2020, 2021 and 2022, with information on COVID-19.