Download Feminist Perspectives on Healthcare Law (Feminist by Sally Sheldon, Michael Thomson, Anne Bottomley PDF

By Sally Sheldon, Michael Thomson, Anne Bottomley

This booklet brings jointly new paintings by means of a number of the most appropriate writers within the healthiness care legislation enviornment. It offers fascinating new insights,drawing on feminist concept and technique to additional our realizing of wellbeing and fitness care legislations. when the publication makes a true contribution to either feminist debates and the research of this sector of legislations, it's also obtainable to the undergraduate pupil who's imminent this sector of felony scholarship and feminist jurisprudence for the 1st time. Its concentration isn't really only on these matters that have regularly excited feminist realization, but additionally contains these topics that have proved of much less obvious curiosity comparable to confidentiality, scientific learn, clinical negligence self-discipline.

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This kind of resistance to feminist legal scholarship might have two strands: first, it might be argued that theoretical analysis is irrelevant to law outside of jurisprudence courses (Smart calls this the ‘black-letter’ constituency) and secondly, it might be asserted that law in more developed countries has transcended a sexual bias and thus is not in need of feminist critique (the ‘liberal constituency’). See Smart, C, Law, Crime and Sexuality: Essays in Feminism, 1995, London: Sage, p 186. 1 Feminist Perspectives on Health Care Law likely to be accepted only within the confines of a jurisprudence course or with regard to what are perceived to be ‘women’s issues’ – rape, abortion, sexual harassment, pornography, sexual discrimination and so on.

It is doubtful whether it would be of any signficant benefit to patients, most of 29 Op cit, fn 8, Jones, p xii. 30 See Graycar, R, ‘The gender of judgments: an introduction’, in Thornton, M (ed), Public and Private: Feminist Legal Debates, 1992, Oxford: OUP, p 276: ‘Common sense ... can masquerade as knowledge and is both dangerous and difficult to unmask and dislodge because some element of accuracy is usually present’ (citations omitted). 31 Lawton LJ in Whitehouse, p 659, citing Hornal [1956] 3 All ER 970, p 973; [1957] 1 QB 247, p 258.

31 Secondly, the courts note that medicine is a specialist body of knowledge, not easily amenable to being understood, or judged, from the outside. Consequently, medical practice is not readily susceptible to being second-guessed by those untrained in specialist thinking. 33 Fourthly, the courts argue that it would be disruptive of medical practice and the doctor-patient relationship as we currently know it to encourage medical negligence claims. This rests on a view of the medical relationship as properly characterised by a power imbalance.

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