Religion, Medicine and the Law


Book Description

Is the legal protection that is given to the expression of Abrahamic religious belief adequate or appropriate in the context of English medical law? This is the central question that is explored in this book, which develops a framework to support judges in the resolution of contentious cases that involve dissension between religious belief and medical law, developed from Alan Gewirth’s Principle of Generic Consistency (PGC). This framework is applied to a number of medical law case studies: the principle of double effect, ritual male circumcision, female genital mutilation, Jehovah’s Witnesses (adults and children) who refuse blood transfusions, and conscientious objection of healthcare professionals to abortion. The book also examines the legal and religious contexts in which these contentious cases are arbitrated. It demonstrates how human rights law and the proposed framework can provide a gauge to measure competing rights and apply legitimate limits to the expression of religious belief, where appropriate. The book concludes with a stance of principled pragmatism, which finds that some aspects of current legal protections in English medical law require amendment.




Religion, Law, and the Medical Neglect of Children in the United States, 1870–2000


Book Description

Drawing upon a diverse range of archival evidence, medical treatises, religious texts, public discourses, and legal documents, this book examines the rich historical context in which controversies surrounding the medical neglect of children erupted onto the American scene. It argues that several nineteenth-century developments collided to produce the first criminal prosecutions of parents who rejected medical attendance as a tenet of their religious faith. A view of children as distinct biological beings with particularized needs for physical care had engendered both the new medical practice field of pediatrics and a vigorous child welfare movement that forced legislatures and courts to reconsider public and private responsibility for ensuring children’s physical well-being. At the same time, a number of healing religions had emerged to challenge the growing authority of medical doctors and the appropriate role of the state in the realm of child welfare. The rapid proliferation of the new healing churches, and the mixed outcomes of parents’ criminal trials, reflected ongoing uneasiness about the increasing presence of science in American life.




Medical Use of Human Beings


Book Description

Whilst activities like transplantation and medical research have typically been considered on a discrete basis, they are also actually part of a broader phenomenon of medical means being employed to make use of human beings. This book is the first ever systematic critique of such medical use of the human being as a whole. It is divided into two parts. The first part considers what constitutes an appropriate normative lens through which to view such medical use and its constraint. It makes a reasoned ethical and human-rights-based case for preferring respect for human worth over any of the main alternative approaches that have been drawn on in specific contexts and outlines what this preference practically implies. The second part uses this respect-based lens to critique use discourse, law and practice. Drawing on three contrasting case study areas of warfare-related medical use, transplantation and human tissue research, this book exposes both the context-specific and thematic nature of shortfalls in respect. Overall this book provides a compelling analysis of how medical use ought to be constrained and a compelling critique of the excesses of discourse, practice and governance. It is recommended to academics, students, policymakers and professionals whose work is focused on or intersects with the medical sector and anyone else with an interest in medicine and its limits.




Healing at the Borderland of Medicine and Religion


Book Description

One of the transformations facing health care in the twenty-first century is the safe, effective, and appropriate integration of conventional, or biomedical, care with complementary and alternative medical (CAM) therapies, such as acupuncture, chiropractic, massage therapy, herbal medicine, and spiritual healing. In Healing at the Borderland of Medicine and Religion, Michael H. Cohen discusses the need for establishing rules and standards to facilitate appropriate integration of conventional and CAM therapies. The kind of integrated health care many patients seek dwells in a borderland between the physical and the spiritual, between the quantifiable and the immeasurable, Cohen observes. But the present environment fails to present clear rules for clinicians regarding which therapies to recommend, accept, or discourage, and how to discuss patient requests regarding inclusion of such therapies. Focusing on the social, intellectual, and spiritual dimensions of integrative care and grounding his analysis in the attendant legal, regulatory, and institutional changes, Cohen provides a multidisciplinary examination of the shift to a more fluid, pluralistic health care environment.




Treating the Body in Medicine and Religion


Book Description

Modern medicine has produced many wonderful technological breakthroughs that have extended the limits of the frail human body. However, much of the focus of this medical research has been on the physical, often reducing the human being to a biological machine to be examined, understood, and controlled. This book begins by asking whether the modern medical milieu has overly objectified the body, unwittingly or not, and whether current studies in bioethics are up to the task of restoring a fuller understanding of the human person. In response, various authors here suggest that a more theological/religious approach would be helpful, or perhaps even necessary. Presenting specific perspectives from Judaism, Christianity and Islam, the book is divided into three parts: "Understanding the Body," "Respecting the Body," and "The Body at the End of Life." A panel of expert contributors—including philosophers, physicians, and theologians and scholars of religion— answer key questions such as: What is the relationship between body and soul? What are our obligations toward human bodies? How should medicine respond to suffering and death? The resulting text is an interdisciplinary treatise on how medicine can best function in our societies. Offering a new way to approach the medical humanities, this book will be of keen interest to any scholars with an interest in contemporary religious perspectives on medicine and the body.




Law, Religion, and Health in the United States


Book Description

This book explores the critical role of law in protecting - and protecting against - religious beliefs in American health care.




Law's Religion


Book Description

Prevailing stories about law and religion place great faith in the capacity of legal multiculturalism, rights-based toleration, and conceptions of the secular to manage issues raised by religious difference. Yet the relationship between law and religion consistently proves more fraught than such accounts suggest. In Law’s Religion, Benjamin L. Berger knocks law from its perch above culture, arguing that liberal constitutionalism is an aspect of, not an answer to, the challenges of cultural pluralism. Berger urges an approach to the study of law and religion that focuses on the experience of law as a potent cultural force. Based on a close reading of Canadian jurisprudence, but relevant to all liberal legal orders, this book explores the nature and limits of legal tolerance and shows how constitutional law’s understanding of religion shapes religious freedom. Rather than calling for legal reform, Law’s Religion invites us to rethink the ethics, virtues, and practices of adjudication in matters of religious difference.




Religion and Violence


Book Description

First Published in 2015. Daily newspaper headlines, talk radio and cable television broadcasts, and Internet news web sites continuously highlight the relationship between religion and violence. These media contain stories about such diverse incidents as suicide attacks by Islamic fundamentalists in Afghanistan, Iraq, Israel, Pakistan, and elsewhere, and assassinations of doctors who perform abortions by white American Christian true believers in the United States. How does one make sense of the role of religion in violence, and of perpetrators of violence who cite religion as a motivation? This encyclopedia includes a wide range of entries: biographies of key figures, historical events, religious groups, countries and regions where religion and violence have intersected, and practices, rituals, and processes of religious violence.







Pollution and Religion in Ancient Rome


Book Description

A detailed study of pollution and impurity in Roman religion, offering new theories on a previously neglected, yet vital, subject.