Ethical judgments: re-writing medical law

Smith, Stephen ORCID: https://orcid.org/0000-0003-4682-8957, Coggon, John, Hobson, Clark, Huxtable, Richard, McGuinness, Sheelagh, Miola, Jose and Neal, Mary, eds. 2017. Ethical judgments: re-writing medical law. Vol. 1 UK: Hart Publishing.

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Abstract

This edited collection is designed to explore the ethical nature of judicial decision-making, particularly relating to cases in the health/medical sphere, where judges are often called upon to issue rulings on questions containing an explicit ethical component. However, judges do not receive any specific training in ethical decision-making, and often disown any place for ethics in their decision-making. Consequently, decisions made by judges do not present consistent or robust ethical theory, even when cases appear to rely on moral claims. The project explores this dichotomy by imagining a world in which decisions by judges have to be ethically as well as legally valid. Nine specific cases are reinterpreted in light of that requirement by leading academics in the fields of medical law and bioethics. Two judgments are written in each case, allowing for different views to be presented. Two commentaries - one ethical and one legal - then explore the ramifications of the ethical judgments and provide an opportunity to explore the two judgments from additional ethical and legal perspectives. These four different approaches to each judgment allow for a rich and varied critique of the decisions and ethical theories and issues at play in each case.

Item Type:	Book - edited
Book Type:	Edited Book
Date Type:	Publication
Status:	Published
Schools:	Schools > Law
Subjects:	K Law > K Law (General) R Medicine > RA Public aspects of medicine > RA1001 Forensic Medicine. Medical jurisprudence. Legal medicine
Publisher:	Hart Publishing
ISBN:	9781849465793
Last Modified:	24 Apr 2026 10:30
URI:	https://orca.cardiff.ac.uk/id/eprint/99540

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