Human Dignity in Bioethics and Law

Author:   Charles Foster (University of Oxford)
Publisher:   Bloomsbury Publishing PLC
ISBN:  

9781849461771


Pages:   218
Publication Date:   01 September 2011
Format:   Paperback
Availability:   Manufactured on demand   Availability explained
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Human Dignity in Bioethics and Law


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Author:   Charles Foster (University of Oxford)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 15.60cm , Height: 2.50cm , Length: 23.40cm
Weight:   0.313kg
ISBN:  

9781849461771


ISBN 10:   1849461775
Pages:   218
Publication Date:   01 September 2011
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1. Beginnings 2. A Short History of Dignity 3. Defining and Dissecting Dignity 4. 'Dignity is Useless' 5. What do Non-philosophers and Non-lawyers Mean by Dignity? 6. Taking Stock of the View from the Academy and the Ward 7. Dignity in the Courtroom: General Overview 8. Consent, Confidentiality, Privacy, Medical Research and Resources 9. Human Enhancement and Cloning Technologies 10. Reproductive Choice and the Unborn 11. The End of Life 12. The Use and Abuse of Body Parts

Reviews

ENDORSEMENTS'I never had any respect for the concept of human dignity. I thought it was a motherhood concept, empty of real practical import. But Foster converted me. Foster, uniquely, goes the right way round: aidentifying real human problems and trying to solve them, rather than starting with philosophical problems and theories and creating a concept of dignity that fits them. This is a book for people and progress. It's the best book on dignity I know.'Julian Savulescu, Uehiro Chair of Practical Ethics, University of Oxford'This book is the perfect antidote to the unseemly polemics that have dominated recent debates about the concept of dignity in bioethics. Foster takes the notion of dignity seriously and argues that it is indispensible to deliberations about pressing issues in bioethics such as informed consent, abortion, euthanasia, cloning, enhancement, and the use of body parts.a He argues that the concept is more fundamental than our concepts of autonomy, rights, and justice, and requires us to think hard about more substantive issues such as what it means to be human and what it means to flourish as a human being. He presents an excellent overview of the current literature on dignity in bioethics, usefully collecting together in one place sources from philosophy, clinical bioethics, law, international conventions, and the blogosphere. While scholarly, it is accessibly written in lucid and lively prose.a Human Dignity in Bioethics and Law is a substantial contribution that moves the debate on this contentious but important issue up to the next level.'Daniel P Sulmasy, Kilbride-Clinton Professor of Medicine and Ethics, University of Chicago'In Human Dignity in Bioethics and Law Charles Foster sets out an argument that is provocative in its simplicity: dignity is the 'bioethical theory of everything', the value by which all bioethical disputesashould be adjudicated.aaDrawingaextensively from both philosophical and legal debates,athis book makes an important contribution to a central issue facing societies in the 21st Century.a It deserves toabe highly influential for academics and practitioners alike.'aSuzy Killmister, Massey University'Charles Foster's Human Dignity in Bioethics and Law sets out clearly the state of the question regarding the basis of personal dignity.a It also advances an original argument to defend a substantive content for the concept of dignity. It is worthy of study and re-study.'Patrick Lee, John N and Jamie D McAleer Professor of Bioethics. Director, Institute of Bioethics, Franciscan University of Steubenville'Charles Foster has written a remarkably thoughtful and eloquent book, arguing persuasively that 'human dignity' not 'autonomy' or any other narrow principle is the indispensable lens through which to view the perplexing moral landscape of contemporary bioethics. I learned much from this comprehensive, open-minded, and deeply humane volume.'Adam Schulman, co-editor of Human Dignity and Bioethics: Essays Commissioned by the President's Council on Bioethicsa'This is a spirited study, engagingly written, deeply immersed in the relevant literature, and rich in insight.a A valuable contribution to the study of human dignity from a bioethical perspective.'George Kateb, William Nelson Cromwell Professor of Politics, Emeritus, Princeton University 'Charles Foster's analysis and defence of the concept of dignity as fundamental in medical law and ethics is to be welcomed warmly by scholars and students of the field. It is written with his characteristic verve and panache, yet is at the same time thoughtful and scholarly. We are all in his debt for his analysis of the philosophical, historical, sociological and legal accounts of dignity. And even if you do not accept all his normative conclusions, his demonstrations of dignity-based reasoning in law and ethics are genuinely illuminating and helpful.'Richard Ashcroft, Professor of Bioethics, Queen Mary College, London'Respecting patients' dignity is one of the most commonly used ideas in bioethics: whether in professional guidelines, in legal judgments or in casual conversation. And yet philosophers, on the whole, don't like it. Many argue that it is too vague and that it can be replaced by other, better concepts, such as autonomy. Indeed this was my position. Foster, however, swims strongly against this philosophical tide and has forced me to rethink. Those who want to sideline dignity will need to read this book and engage with Foster's arguments. Those more open to the importance of dignity will enjoy Foster's company as he informs and amuses the reader with bizarre legal cases and forceful analyses.'Tony Hope, Professor of Medical Ethics, University of Oxford'Dignity has long been considered the most protean of ethical concepts shape-shifting, frustratingly elusive, impossible to pin down but in this invigorating book, Charles Foster argues powerfully for dignity to be reinstated at the heart of thinking about ethics in medical practice. Dignity is, in Foster's hands, a richly empirical concept concerning the embodied and socially embedded moral lives of real people and what it is that makes it possible for them to 'flourish': the normative force of dignity being provided by empirical evidence about the interpersonal conditions under which humans either do or don't thrive. Through an analysis of real and hypothetical cases, Foster argues that ethics should be concerned with the encouragement (the maximisation even) of such relationships. Foster believes that the normative force of dignity 'is best appreciated in the wild places', illustrating this through a number of worked examples concerning 'places' such as reproductive choice and 'enhancement'. But ultimately, perhaps, it is in the interactions between human beings in the quotidian settings of health care practice, discussed in earlier chapters, in which dignity is shown at its most powerful as a way of knowing the difference between ethical and unethical practices and where dignity is or is close to being, as Foster argues at the heart of everything.'Michael Parker, Professor of Bioethics, University of Oxford'This brilliant, erudite, and yet common-sensical book is written by a moral philosopher and lawyer who reasonably hates Kant, sees clearly the limits of autonomy in describing who we are, and defends ably the dignity of the embodied, relational beings we are. I certainly agree that dignity has a substantial meaning that can be deployed by real people making challenging decisions, and I now know a lot more about why that is so.'Peter Lawler, Dana Professor of Government, Berry College, Georgia and author of Modern and American Dignity


Students, in particular, would appreciate the availability of such a straightforward approach that would cover, as Foster seeks to do in just 66 pages, the intractable dilemmas associated with: consent, confidentiality, privacy, medical research and resources...human enhancement and cloning technologies...reproductive choice and the unborn...the end of life...and the use and abuse of body partsThrough this book, Foster has succeeded in provoking further consideration of the utility of dignity in bioethics and lawRosie HardingLegal StudiesVolume 32(4)Fosters writing is wide-ranging and erudite. His call to the bioethics community to consider dignity is timely and makes for an engaging read.Helen BarrattTriple HelixSummer 2012Charles Foster has written a book that is lively, engaging, and pacey [and] has surely done us a considerable service in provoking readers to think much more seriously about the centrality of human dignity in both biolaw and bioethics.Roger BrownswordMedical Law ReviewVolume 20, Summer 2012Foster has produced a very readable and engaging text with some interesting and relatable issues and anecdotes as illustrations to his thesis...it is an important book for people with an interest in this area to read, as it serves as a reminder of how significant the principle of dignity is in bioethics and law...Given the overwhelming praise for this book from some prominent names in the medical law and bioethics field, I strongly advise you to read this book and make up your own mind.Rachel LyonsBionewsIssue 639ENDORSEMENTS'I never had any respect for the concept of human dignity. I thought it was a motherhood concept, empty of real practical import. But Foster converted me. Foster, uniquely, goes the right way round: aidentifying real human problems and trying to solve them, rather than starting with philosophical problems and theories and creating a concept of dignity that fits them. This is a book for people and progress. It's the best book on dignity I know.'Julian Savulescu, Uehiro Chair of Practical Ethics, University of Oxford'This book is the perfect antidote to the unseemly polemics that have dominated recent debates about the concept of dignity in bioethics. Foster takes the notion of dignity seriously and argues that it is indispensible to deliberations about pressing issues in bioethics such as informed consent, abortion, euthanasia, cloning, enhancement, and the use of body parts.a He argues that the concept is more fundamental than our concepts of autonomy, rights, and justice, and requires us to think hard about more substantive issues such as what it means to be human and what it means to flourish as a human being. He presents an excellent overview of the current literature on dignity in bioethics, usefully collecting together in one place sources from philosophy, clinical bioethics, law, international conventions, and the blogosphere. While scholarly, it is accessibly written in lucid and lively prose.a Human Dignity in Bioethics and Law is a substantial contribution that moves the debate on this contentious but important issue up to the next level.'Daniel P Sulmasy, Kilbride-Clinton Professor of Medicine and Ethics, University of Chicago'In Human Dignity in Bioethics and Law Charles Foster sets out an argument that is provocative in its simplicity: dignity is the 'bioethical theory of everything', the value by which all bioethical disputesashould be adjudicated.aaDrawingaextensively from both philosophical and legal debates,athis book makes an important contribution to a central issue facing societies in the 21st Century.a It deserves toabe highly influential for academics and practitioners alike.'aSuzy Killmister, Massey University'Charles Foster's Human Dignity in Bioethics and Law sets out clearly the state of the question regarding the basis of personal dignity.a It also advances an original argument to defend a substantive content for the concept of dignity. It is worthy of study and re-study.'Patrick Lee, John N and Jamie D McAleer Professor of Bioethics. Director, Institute of Bioethics, Franciscan University of Steubenville'Charles Foster has written a remarkably thoughtful and eloquent book, arguing persuasively that 'human dignity' not 'autonomy' or any other narrow principle is the indispensable lens through which to view the perplexing moral landscape of contemporary bioethics. I learned much from this comprehensive, open-minded, and deeply humane volume.'Adam Schulman, co-editor of Human Dignity and Bioethics: Essays Commissioned by the President's Council on Bioethicsa'This is a spirited study, engagingly written, deeply immersed in the relevant literature, and rich in insight.a A valuable contribution to the study of human dignity from a bioethical perspective.'George Kateb, William Nelson Cromwell Professor of Politics, Emeritus, Princeton University 'Charles Foster's analysis and defence of the concept of dignity as fundamental in medical law and ethics is to be welcomed warmly by scholars and students of the field. It is written with his characteristic verve and panache, yet is at the same time thoughtful and scholarly. We are all in his debt for his analysis of the philosophical, historical, sociological and legal accounts of dignity. And even if you do not accept all his normative conclusions, his demonstrations of dignity-based reasoning in law and ethics are genuinely illuminating and helpful.'Richard Ashcroft, Professor of Bioethics, Queen Mary College, London'Respecting patients' dignity is one of the most commonly used ideas in bioethics: whether in professional guidelines, in legal judgments or in casual conversation. And yet philosophers, on the whole, don't like it. Many argue that it is too vague and that it can be replaced by other, better concepts, such as autonomy. Indeed this was my position. Foster, however, swims strongly against this philosophical tide and has forced me to rethink. Those who want to sideline dignity will need to read this book and engage with Foster's arguments. Those more open to the importance of dignity will enjoy Foster's company as he informs and amuses the reader with bizarre legal cases and forceful analyses.'Tony Hope, Professor of Medical Ethics, University of Oxford'Dignity has long been considered the most protean of ethical concepts shape-shifting, frustratingly elusive, impossible to pin down but in this invigorating book, Charles Foster argues powerfully for dignity to be reinstated at the heart of thinking about ethics in medical practice. Dignity is, in Foster's hands, a richly empirical concept concerning the embodied and socially embedded moral lives of real people and what it is that makes it possible for them to 'flourish': the normative force of dignity being provided by empirical evidence about the interpersonal conditions under which humans either do or don't thrive. Through an analysis of real and hypothetical cases, Foster argues that ethics should be concerned with the encouragement (the maximisation even) of such relationships. Foster believes that the normative force of dignity 'is best appreciated in the wild places', illustrating this through a number of worked examples concerning 'places' such as reproductive choice and 'enhancement'. But ultimately, perhaps, it is in the interactions between human beings in the quotidian settings of health care practice, discussed in earlier chapters, in which dignity is shown at its most powerful as a way of knowing the difference between ethical and unethical practices and where dignity is or is close to being, as Foster argues at the heart of everything.'Michael Parker, Professor of Bioethics, University of Oxford'This brilliant, erudite, and yet common-sensical book is written by a moral philosopher and lawyer who reasonably hates Kant, sees clearly the limits of autonomy in describing who we are, and defends ably the dignity of the embodied, relational beings we are. I certainly agree that dignity has a substantial meaning that can be deployed by real people making challenging decisions, and I now know a lot more about why that is so.'Peter Lawler, Dana Professor of Government, Berry College, Georgia and author of Modern and American Dignity


Foster has produced a very readable and engaging text with some interesting and relatable issues and anecdotes as illustrations to his thesis...it is an important book for people with an interest in this area to read, as it serves as a reminder of how significant the principle of dignity is in bioethics and law...Given the overwhelming praise for this book from some prominent names in the medical law and bioethics field, I strongly advise you to read this book and make up your own mind.Rachel LyonsBionewsIssue 639ENDORSEMENTS'I never had any respect for the concept of human dignity. I thought it was a motherhood concept, empty of real practical import. But Foster converted me. Foster, uniquely, goes the right way round: aidentifying real human problems and trying to solve them, rather than starting with philosophical problems and theories and creating a concept of dignity that fits them. This is a book for people and progress. It's the best book on dignity I know.'Julian Savulescu, Uehiro Chair of Practical Ethics, University of Oxford'This book is the perfect antidote to the unseemly polemics that have dominated recent debates about the concept of dignity in bioethics. Foster takes the notion of dignity seriously and argues that it is indispensible to deliberations about pressing issues in bioethics such as informed consent, abortion, euthanasia, cloning, enhancement, and the use of body parts.a He argues that the concept is more fundamental than our concepts of autonomy, rights, and justice, and requires us to think hard about more substantive issues such as what it means to be human and what it means to flourish as a human being. He presents an excellent overview of the current literature on dignity in bioethics, usefully collecting together in one place sources from philosophy, clinical bioethics, law, international conventions, and the blogosphere. While scholarly, it is accessibly written in lucid and lively prose.a Human Dignity in Bioethics and Law is a substantial contribution that moves the debate on this contentious but important issue up to the next level.'Daniel P Sulmasy, Kilbride-Clinton Professor of Medicine and Ethics, University of Chicago'In Human Dignity in Bioethics and Law Charles Foster sets out an argument that is provocative in its simplicity: dignity is the 'bioethical theory of everything', the value by which all bioethical disputesashould be adjudicated.aaDrawingaextensively from both philosophical and legal debates,athis book makes an important contribution to a central issue facing societies in the 21st Century.a It deserves toabe highly influential for academics and practitioners alike.'aSuzy Killmister, Massey University'Charles Foster's Human Dignity in Bioethics and Law sets out clearly the state of the question regarding the basis of personal dignity.a It also advances an original argument to defend a substantive content for the concept of dignity. It is worthy of study and re-study.'Patrick Lee, John N and Jamie D McAleer Professor of Bioethics. Director, Institute of Bioethics, Franciscan University of Steubenville'Charles Foster has written a remarkably thoughtful and eloquent book, arguing persuasively that 'human dignity' not 'autonomy' or any other narrow principle is the indispensable lens through which to view the perplexing moral landscape of contemporary bioethics. I learned much from this comprehensive, open-minded, and deeply humane volume.'Adam Schulman, co-editor of Human Dignity and Bioethics: Essays Commissioned by the President's Council on Bioethicsa'This is a spirited study, engagingly written, deeply immersed in the relevant literature, and rich in insight.a A valuable contribution to the study of human dignity from a bioethical perspective.'George Kateb, William Nelson Cromwell Professor of Politics, Emeritus, Princeton University 'Charles Foster's analysis and defence of the concept of dignity as fundamental in medical law and ethics is to be welcomed warmly by scholars and students of the field. It is written with his characteristic verve and panache, yet is at the same time thoughtful and scholarly. We are all in his debt for his analysis of the philosophical, historical, sociological and legal accounts of dignity. And even if you do not accept all his normative conclusions, his demonstrations of dignity-based reasoning in law and ethics are genuinely illuminating and helpful.'Richard Ashcroft, Professor of Bioethics, Queen Mary College, London'Respecting patients' dignity is one of the most commonly used ideas in bioethics: whether in professional guidelines, in legal judgments or in casual conversation. And yet philosophers, on the whole, don't like it. Many argue that it is too vague and that it can be replaced by other, better concepts, such as autonomy. Indeed this was my position. Foster, however, swims strongly against this philosophical tide and has forced me to rethink. Those who want to sideline dignity will need to read this book and engage with Foster's arguments. Those more open to the importance of dignity will enjoy Foster's company as he informs and amuses the reader with bizarre legal cases and forceful analyses.'Tony Hope, Professor of Medical Ethics, University of Oxford'Dignity has long been considered the most protean of ethical concepts shape-shifting, frustratingly elusive, impossible to pin down but in this invigorating book, Charles Foster argues powerfully for dignity to be reinstated at the heart of thinking about ethics in medical practice. Dignity is, in Foster's hands, a richly empirical concept concerning the embodied and socially embedded moral lives of real people and what it is that makes it possible for them to 'flourish': the normative force of dignity being provided by empirical evidence about the interpersonal conditions under which humans either do or don't thrive. Through an analysis of real and hypothetical cases, Foster argues that ethics should be concerned with the encouragement (the maximisation even) of such relationships. Foster believes that the normative force of dignity 'is best appreciated in the wild places', illustrating this through a number of worked examples concerning 'places' such as reproductive choice and 'enhancement'. But ultimately, perhaps, it is in the interactions between human beings in the quotidian settings of health care practice, discussed in earlier chapters, in which dignity is shown at its most powerful as a way of knowing the difference between ethical and unethical practices and where dignity is or is close to being, as Foster argues at the heart of everything.'Michael Parker, Professor of Bioethics, University of Oxford'This brilliant, erudite, and yet common-sensical book is written by a moral philosopher and lawyer who reasonably hates Kant, sees clearly the limits of autonomy in describing who we are, and defends ably the dignity of the embodied, relational beings we are. I certainly agree that dignity has a substantial meaning that can be deployed by real people making challenging decisions, and I now know a lot more about why that is so.'Peter Lawler, Dana Professor of Government, Berry College, Georgia and author of Modern and American Dignity


Author Information

Charles Foster is a Fellow of Green Templeton College, University of Oxford. He teaches medical ethics and law at the University of Oxford, and is also a barrister practising medical law from Outer Temple Chambers, London.

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