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This volume is a contribution to the continuing interaction between law and medicine. Problems arising from this interaction have been addressed, in part, by previous volumes in this series. In fact, one such problem constitutes the central focus of Volume 5, Mental Illness: Law and Public Policy [1]. The present volume joins other volumes in this series in offering an exploration and critical analysis of concepts and values underlying health care. In this volume, however, we look as well at some of the general questions occasioned by the law's relation with medicine. We do so out of a conviction that medi cine and the law must be understood as the human creations they are, reflect ing important, wide-ranging, but often unaddressed aspects of the nature of the human condition. It is only by such philosophical analysis of the nature of the conceptual foundations of the health care professions and of the legal profession that we will be able to judge whether these professions do indeed serve our best interests. Such philosophical explorations are required for the public policy decisions that will be pressed upon us through the increasing complexity of health care and of the law's response to new and changing circumstances. As a consequence, this volume attends as much to issues in public policy as in the law. The law is, after all, the creature of human deci sions concerning prudent public policy and basic human rights and goods.
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THE LAW-MEDICINE RELATION: A PHILOSOPHICAL EXPLORATION
PHILOSOPHY AND MEDICINE Editors: H. TRISTRAM ENGELHARDT, JR.
Kennedy Institute of Ethics, Georgetown University, Washington, D.C., U.S.A. STUART F. SPIeKER
University of Connecticut Health Center, Fannington, Conn., U.S.A.
VOLUME 9
THE LAW-MEDICINE RELATION: A PHILOSOPHICAL EXPLORATION PROCEEDINGS OF THE EIGHTH TRANS-DISCIPLINARY SYMPOSIUM ON PHILOSOPHY AND MEDICINE HELD AT FARMINGTON, CONNECTICUT, NOVEMBER 9-11, 1978
Edited by STUART F. SPICKER
University of Connecticut Health Center, Farmington, Conn., U.S.A. JOSEPH M. HEALEY, JR.
University of Connecticut Heal!h Center, Farmington, Conn., U.S.A. H. TRISTRAM ENGELHARDT, JR.
Kennedy Institute of Ethics, Georgetown University, Washington, D.C., U.S.A.
D. REIDEL PUBLISHING COMPANY DORDRECHT: HOLLAND
I BOSTON:
LONDON: ENGLAND
U.S.A.
Libruy of Congress Cataloging in Publication Data Trans-discipJinary Symposium on Philosophy and Medicine (8th: 1978: Farmington, Conn.). The law-medicine relation. (Philosophy and medicine; v. 9) Includes bibliographies and index. 1. Medical laws and legislation-Congresses. 2. Medical laws and legislation-United States-Congresses. 3. Medical ethics~Congresses. I. Spicker, Stuart F., 1937. II. Healey, Joseph M. (Joseph . III. Engelhardt, H. Tristram (Hugo Tristram), Michael), 19471941. IV. Title. V. Series. [DNLM: 1. Forensic medicineCongresses. 2. Forensic psychiatry-Congresses. 3. Philosophy, Medical-Congresses. W 3 PH609 v. 9 1978/ W 700 T7721978LJ K360l.A55T7 1978 344'.041 81-757 ISBN-13: 978-94-009-8409-7 e-ISBN-13: 978-94-009-8407-3 DOl: 10.10071978-94-009-8407-3
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All Rights Reserved Copyright © 1981 by D. Reidel Publishing Company, Dordrecht, Holland Softcover reprint of the hardcover 1st edition 1981 No part of the material protected by this copyright notice may be reproduced or utilized in any form or by any means, electronic or m