Limits: The Role of the Law in Bioethical Decision Making (Medical Ethics Series)

"An excellent resource for entry-level courses on bioethics for health care practitioners, law students, and physicians." -- Choice"Dworkin's provocative arguments... will challenge readers who have come to accept the law's intrusion as a necessary response to biomedical advances." -- New England Journal of Medicine"Important and refreshing. Dworkin's conclusions regarding the limited role of law (and especially legislation) may come as a surprise to many.... When popular and political views are almost evenly divided, looking to legislation for a solution is a mistake." -- Walter WadlingtonThe ethical and social dilemmas associated with abortion, sterilization, assisted reproduction, genetics, death and dying, and biomedical research have led many to turn to the legal system for solutions. Rogert Dworkin argues that resort to law often overlooks the limitations of legal institutions, and he suggests a more limited use of the legal system will produce more effective resolution of bioethical dilemmas. The Ethical And Social Dilemmas Associated With Abortion, Sterilization, Assisted Reproduction, Genetics, Death And Dying, And Biomedical Research Have Led Many To Turn To The Legal System For Solutions. Roger B. Dworkin Argues That Resort To Law Is Often Misguided And Overlooks The Limitations Of Legal Institutions. He Carefully Explores Constitutional Adjudication, Legislation, Common Law, And Administrative Law As Tools For Responding To Rapid Change In Biology And Medicine, Explains How These Approaches Actually Deal With The Social Issues Discussed, And Offers Suggestions For More Limited And Effective Use Of The Legal System In The Area Of Bioethics. Introduction : Biomedical Advance And The American Legal System -- Abortion : The Perils Of Thinking Big -- Sterilization : The Big Advantage Of Thinking Small -- Alternative Reproductive Techniques -- The New Genetics -- Death And Dying -- Controlling Research : Administrative Law, Human Subjects, And The Power Of The Purse -- Conclusion : Living With Limits--the Value Of Half A Loaf. Roger B. Dworkin. Includes Bibliographical References (p. [173]-195) And Index.