Jewish Biomedical Law: Legal and Extra-Legal Dimensions

Hardcover | December 15, 2003

byDaniel B. Sinclair

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Jewish Biomedical Law deals with the controversial issues of abortion, assisted reproduction, genetics, the obligation to heal, patient autonomy, treatment of the terminally ill, the definition of death, organ donations, and the allocation of scarce medical resources in Jewish Law.The volume focuses upon the complex interplay between legal and moral elements in the decision-making process, particularly when questions of life and death (such as abortion and treatment of the terminally ill) are involved. Sinclair argues that the moral element in Jewish biomedical law is of auniversal, rational nature, and its theoretical basis may be located in a weak form of Natural law theory regarding the value of human life in the Jewish legal tradition. The concept of patient autonomy in Jewish biomedical law is more limited than in contemporary liberal jurisprudence, and is based upon theological as well as strictly legal elements. The influence of scientific thinking upon the decision-making process in Jewish biomedical law is illustrated in adiscussion of the contemporary debate concerning the permissibility of heart transplants.In most chapters, Jewish law is compared and contrasted with Canon and Common Law, and the volume also discusses the role played by Jewish biomedical law in modern, secular Israeli law. In this context, it addresses the thorny issue of combining religious law with democratic principles within theframework of a secular legal system.

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From the Publisher

Jewish Biomedical Law deals with the controversial issues of abortion, assisted reproduction, genetics, the obligation to heal, patient autonomy, treatment of the terminally ill, the definition of death, organ donations, and the allocation of scarce medical resources in Jewish Law.The volume focuses upon the complex interplay between l...

Rabbi Daniel Sinclair is Professor of Jewish Comparative Biomedical Law at the College of Management Academic Studies in Tel-Aviv.
Format:HardcoverDimensions:300 pages, 9.21 × 6.14 × 0.61 inPublished:December 15, 2003Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198268270

ISBN - 13:9780198268277

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Table of Contents

IntroductionAbortionAssisted ReproductionGeneticsThe Obligation to Heal and Patient AutonomyThe Terminally Ill PatientScience, Halakhah, and Public Health Policy: The Definition of Death, heart transplants, Organ Donations, and the Allocation of Scarce Medical ResourcesConclusion

Editorial Reviews

"This excellent new book makes an important contribution to the English-language literature on Jewish medical ethics.... Defining Jewish ethics as halakhah was an apologetic move that has burdened the field ever since. Sinclair has now taken up the challenge and presented us with a brilliant analysis that examines the extra-legal dimensions as well."--The Israeli Medical Association Journal