Challenging the dominant account of medical law as normatively and conceptually subordinate to medical or bioethics, this book provides an innovative account of medical law as a rhetorical practice. The aspiration to provide a firm grounding for medical law in ethical principle has not yet been realized. Rather, legal doctrine is marked, if anything, by increasingly evident contradiction and indeterminacy that are symptomatic of the inherently contingent nature of legal argumentation. Against the idea of a timeless, placeless ethics as the master discipline for medical law, this book demonstrates how judicial and academic reasoning seek to manage this contingency, through the deployment of rhetorical strategies, persuasive to concrete audiences within specific historical, cultural and political contexts. Informed by social and legal theory, cultural history and literary criticism, John Harrington’s careful reading of key judicial decisions, legislative proposals and academic interventions offers an original, and significant, understanding of medical law.

Domestic violence accounts for approximately one-fifth of all violent crime in the United States and is among the most difficult issues confronting professionals in the legal and criminal justice systems. In this volume, Elizabeth Britt argues that learning embodied advocacy—a practice that results from an expanded understanding of expertise based on lived experience—and adopting it in legal settings can directly and tangibly help victims of abuse. Focusing on clinical legal education at the Domestic Violence Institute at the Northeastern University School of Law, Britt takes a case-study approach to illuminate how challenging the context, aims, and forms of advocacy traditionally embraced in the U.S. legal system produces better support for victims of domestic violence. She analyzes a wide range of materials and practices, including the pedagogy of law school training programs, interviews with advocates, and narratives written by students in the emergency department, and looks closely at the forms of rhetorical education through which students assimilate advocacy practices. By examining how students learn to listen actively to clients and to recognize that clients have the right and ability to make decisions for themselves, Britt shows that rhetorical education can succeed in producing legal professionals with the inclination and capacity to engage others whose values and experiences diverge from their own. By investigating the deep relationship between legal education and rhetorical education, Reimagining Advocacy calls for conversations and action that will improve advocacy for others, especially for victims of domestic violence seeking assistance from legal professionals.

How can citizens be persuaded to voluntarily obey good laws? Randall Baldwin Clark addresses this question by looking at one of the oldest works ever to pose it: Plato's Laws. The Law Most Beautiful and Best explores one of the most striking metaphors in the Laws: the suggestion that the gentle and persuasive bedside manner that characterizes rational medicine should serve as the model for political persuasion. Clark's careful reading of the Laws challenges traditional interpretations of this metaphor, emphasizing instead the way the dialogue subtly reasserts the efficacy of the magical arts. Just as the Athenian stranger treats his patients with a combination of rational and irrational therapies, so too must the philosophical reader--should he wish to preserve his city's health--be willing to avail himself of both the gentle persuasion of reasoned discourse and the enchanting coercion of irrational rhetoric. Both a close examination of the Laws and a thoughtful approach to an ageless political dilemma, The Law Most Beautiful and Best is essential reading for scholars interested in jurisprudence, classics, rhetoric, and political science.

This title was first published in 2002.The wide range of essays contained within this volume present contemporary thinking on the legal and ethical implications surrounding modern medical practice.

This book offers a critical analysis of some of the guiding principles and assumptions that have been central to the development and identity of medical law. Focusing on several key cases in the field - including the 'Dianne Pretty' and 'Conjoined Twins' cases - the book scrutinizes the notions of autonomy and human rights, and explores the relationship between medical law and moral conflict. It also asks what role, if any, the courts might play in stimulating public debate about the ethics of controversial developments in medicine and biomedical science. This innovative book will be of interest to academics and students working in the areas of medical law, legal theory, bioethics and medical ethics. It will also appeal to those within the medical and health care professions seeking a critical analysis of the development and operation of medical law.

Mental health law is a rapidly evolving area of practice and research, with growing global dimensions. This work reflects the increasing importance of this field, critically discussing key issues of controversy and debate, and providing up-to-date analysis of cutting-edge developments in Africa, Asia, Europe, the Americas, and Australia. This is a timely moment for this book to appear. The United Nations’ Convention on the Rights of Persons with Disabilities (2006) sought to transform the landscape in which mental health law is developed and implemented. This Convention, along with other developments, has, to varying degrees, informed sweeping legislative reforms in many countries around the world. These and other developments are discussed here. Contributors come from a wide range of countries and a variety of academic backgrounds including ethics, law, philosophy, psychiatry, and psychology. Some contributions are also informed by lived experience, whether in person or as family members. The result is a rich, polyphonic, and sometimes discordant account of what mental health law is and what it might be. The Handbook is aimed at mental health scholars and practitioners as well as students of law, human rights, disability studies, and psychiatry, and campaigners and law- and policy-makers.

The most fascinating and profitable subject of predictive algorithms is the human actor. Analysing big data through learning algorithms to predict and pre-empt individual decisions gives a powerful tool to corporations, political parties and the state. Algorithmic analysis of digital footprints, as an omnipresent form of surveillance, has already been used in diverse contexts: behavioural advertising, personalised pricing, political micro-targeting, precision medicine, and predictive policing and prison sentencing. This volume brings together experts to offer philosophical, sociological, and legal perspectives on these personalised data practices. It explores common themes such as choice, personal autonomy, equality, privacy, and corporate and governmental efficiency against the normative frameworks of the market, democracy and the rule of law. By offering these insights, this collection on data-driven personalisation seeks to stimulate an interdisciplinary debate on one of the most pervasive, transformative, and insidious socio-technical developments of our time.