Book contents
- Law and Legacy in Medical Jurisprudence
- Law and Legacy in Medical Jurisprudence
- Copyright page
- Contents
- Contributors
- Foreword
- Preface
- Table of Cases
- Table of Legislation
- Abbreviations
- Introduction
- 1 ‘Doing’ Medical Law and Ethics
- 2 A Philosopher Looks at ‘Law and Medical Ethics’
- 3 Thinking Outside the Box
- 4 The Public Interest in Health Research
- 5 Taking the Legacy Forward
- 6 On the Importance of Impact on Policy and Legacy
- 7 Breathing Life into Law
- 8 Biomedical Research Policy
- 9 The Burden of History
- 10 Body Parts and Baleful Stars?
- 11 The Legacy of the Warnock Report
- 12 ‘Only Time Will Tell’
- 13 Integrating the Biological and the Technological
- 14 UK Biobank and the Legal Regulation of Genetic Research
- 15 Overcoming Regulatory Impasse in Stem Cell Research and Advanced Therapy Medicines in Argentina through Shared Norms and Values
- 16 Institutions, Interpretive Communities and Legacy in Decision-Making
- 17 Towards a New Privacy
- 18 A Tale of Two Legacies
- Afterword
- Index
7 - Breathing Life into Law
What It Means to Take an Ethics+ Approach to Conceptualising Law in Research Governance
Published online by Cambridge University Press: 23 December 2021
- Law and Legacy in Medical Jurisprudence
- Law and Legacy in Medical Jurisprudence
- Copyright page
- Contents
- Contributors
- Foreword
- Preface
- Table of Cases
- Table of Legislation
- Abbreviations
- Introduction
- 1 ‘Doing’ Medical Law and Ethics
- 2 A Philosopher Looks at ‘Law and Medical Ethics’
- 3 Thinking Outside the Box
- 4 The Public Interest in Health Research
- 5 Taking the Legacy Forward
- 6 On the Importance of Impact on Policy and Legacy
- 7 Breathing Life into Law
- 8 Biomedical Research Policy
- 9 The Burden of History
- 10 Body Parts and Baleful Stars?
- 11 The Legacy of the Warnock Report
- 12 ‘Only Time Will Tell’
- 13 Integrating the Biological and the Technological
- 14 UK Biobank and the Legal Regulation of Genetic Research
- 15 Overcoming Regulatory Impasse in Stem Cell Research and Advanced Therapy Medicines in Argentina through Shared Norms and Values
- 16 Institutions, Interpretive Communities and Legacy in Decision-Making
- 17 Towards a New Privacy
- 18 A Tale of Two Legacies
- Afterword
- Index
Summary
The lived experience of law in medical practice and research is typified by intricate, sometimes complex and often mundane (perhaps even ritualistic) procedural requirements. While some scholars have been content thus to limit the normativity of law, Graeme reminds us that law is interconnected with ethics and that its distinctiveness may be better understood as process, particularly in boundary or liminal spaces where the roles of ethics and law are blurred. This processual conception of law is in turn a component of governance regimes that he depicts as ‘Ethics+’. He argues that ethics is always a necessary component of a robust and defensible regime of health research that is rooted in the core values and principles at stake while concurrently enabling adaptation and accommodation. Law as an ‘Ethics+’ governance regime embraces uncertainty and the liminal nature of the health research journey, while admitting value-based objectives that can act as foci for stakeholders. The chapter shows the bright beacon dimension of Graeme’s legacy, which points the way to a rich, non-formalistic account of law – not simply as law in action or law on the books but as law subsisting in-between.
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- Law and Legacy in Medical JurisprudenceEssays in Honour of Graeme Laurie, pp. 149 - 166Publisher: Cambridge University PressPrint publication year: 2022