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Jewish Biomedical Law: Legal and Extra-Legal Dimensions » (New Edition)

Book cover image of Jewish Biomedical Law: Legal and Extra-Legal Dimensions by Daniel B. Sinclair

Authors: Daniel B. Sinclair
ISBN-13: 9780198268277, ISBN-10: 0198268270
Format: Hardcover
Publisher: Oxford University Press, USA
Date Published: November 2003
Edition: New Edition

Author Biography: Daniel B. Sinclair

Rabbi Daniel Sinclair is Professor of Jewish Comparative Biomedical Law at the College of Management Academic Studies in Tel-Aviv.

Book Synopsis

Dealing with major issues in Jewish biomedical law, this book focuses upon the influence of morality, the rise of patient autonomy, and the role played by scientific progress in this area of Jewish Law. The book examines Jewish Law in comparison with Canon, Common, and modern Israeli law.

	Table of Cases
	Table of Statutes
	Introduction	1
1	Aim of the Present Work	1
2	Three Features of Jewish Biomedical Law	1
3	Methodology	3
4	Brief Introductory Remarks on the Structure of Jewish Law	4
5	Comparative Law	8
6	The Influence of Biomedical Halakhah on the Israeli Legal System	8
1	Abortion	12
1	Foetal Status and Abortion	12
2	Foeticide and Abortion in Early Christian Writings, Canon Law, and the Common Law	22
3	The Relationship between Law and Morality in the Halakhah on Abortion	28
4	Morality, the Noahide Laws, and a Limited Form of Natural Law in Abortion Halakhah	35
5	The Moral Element in the Responsa Literature on Abortion	47
6	Future Trends in Abortion Halakhah	59
7	Foetuses and Critically Ill Mothers in Jewish and Israeli Law	64
2	Assisted Reproduction	68
1	Morality, Naturalism, and Artificial Insemination Using the Husband's Sperm (AIH)	68
2	Artificial Insemination using Donor Sperm (AID) and the Issues of Adultery and Mamzerut	76
3	Other Halakhic Problems Associated with AID	88
4	Moral Objections to AID	92
5	In Vitro Fertilization (IVF)	95
6	Halakhic Problems in Relation to IVF Using Donor Eggs or a Surrogate Mother	102
7	The Role of Aggadah in Determining Maternity	110
8	Procreative Obligation and Procreative Autonomy in Jewish and Israeli Law	113
3	Genetics	121
1	Introductory Remarks	121
2	Heredity and Genetics in the Halakhah	122
3	Genetics and Abortion	126
4	Genetic Testing	128
5	Gene Therapy	132
6	Patenting Genetic Material and Information	134
7	Genetic Determinism	136
8	Cloning	138
4	The Obligation to Heal and Patient Autonomy	145
1	Introductory Remarks	145
2	Divine Healing and Human Medicine in Jewish Theology and Bible Commentary	145
3	Theology and Bible Commentary in the Halakhic Literature	150
4	Nahmanides and Maimonides on the Legal Status of Medical Practice in Jewish Law	154
5	Coercive Life-Saving Medical Therapy and Limited Patient Autonomy	159
6	Patient Autonomy in Jewish and Common Law	171
7	Halakhah and Democracy: Coercive Life-Saving Medical Therapy in Israeli Law	175
5	The Terminally Ill Patient	181
1	Introduction to the Law of the Dying Person (Goses) in Halakhic Sources	181
2	Applying the Law of the Goses to the Terminally Ill Patient in Modern Medicine	186
3	Prevention of Suffering in the Dying Process	199
4	The Persistent Vegetative State (PVS)	201
5	Criminal Liability for the Killing of a Fatally Ill Person (Terefah) in Jewish Law	203
6	The Exemption of the Killer of a Terefah from Capital Punishment, the Prerogative of Mercy, and the Defence of Necessity in the Common Law	216
7	Goses, Terefah, and the Humanizing of the Dying Process in the Halakhah	224
8	The Treatment of the Terminally Ill in Modern Halakhah	225
6	Science, Halakhah, and Public Health Policy: The Definition of Death, Heart Transplants, Organ Donation, and the Allocation of Scarce Medical Resources	228
1	The Definition of Death	228
2	Heart Transplants	234
3	Organ Donations	240
4	The Rationing of Scarce Medical Resources	251
7	Conclusion	254
1	Law, Morality, and Casuistry	254
2	Law, Morality, and Rationality	256
3	Medical Science and Halakhah	263
4	Limited Patient Autonomy	265
5	Legal and Extra-Legal Dimensions	266
App	The Israeli Draft Law: The Terminally Ill Patient, 5762-2002	268
	Select Bibliography	275
	Index	285