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  • 1980-1984  (2)
  • 1975-1979  (3)
  • Engelhardt, H. Tristram  (5)
  • Dordrecht : Springer  (5)
  • Oxford : Oxford University Press
  • 1
    ISBN: 9789400984073
    Language: English
    Pages: Online-Ressource (XXX, 293 p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Philosophy and Medicine 9
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; medicine Philosophy ; Medical ethics ; Medicine—Philosophy. ; Bioethics.
    Abstract: Section I / The Physician’s and Researcher’s Mandate from Society: Biomedical, Legal, and Ethical Considerations -- Introductory Comments -- Clinical Intuition: A Procedure for Balancing the Rights of Patients and the Responsibilities of Physicians -- Physicians and Society: Tribulations of Power and Responsibility -- Clinical Investigations in Developing Countries: Legal and Regulatory Issues in the Promotion of Research and the Protection of Human Rights -- Federal Regulation of Medicine and Biomedical Research: Power, Authority and Legitimacy -- Section II / Causation and Responsibility: Science, Medicine and the Law -- Causation and Responsibility: Medicine, Science and the Law -- Relevant Causes: Their Designation in Medicine and Law -- Time, Law and Responsibility: Additional Thoughts on Causality -- Section III / The Psychiatrist’s Dilemma: Duty to Patient or Duty to Society? -- Psychotherapeutic Discretion and Judicial Decision: A Case of Enigmatic Justice -- The Morality of Involuntary Hospitalization -- Duty to the Patient or Society: Reflections on the Psychiatrist’s Dilemma -- Section IV / Decision Making at the Beginning of Life: Medicine, Ethics and the Law -- The Bearing of Prognosis on the Ethics of Medicine: Congenital Anomalies, the Social Context and the Law -- Substantive Criteria and Procedures in Withholding Care from Defective Newborns -- Is Existence Ever an Injury?: The Wrongful Life Cases -- Wrongful Life: A Reply to Angela Holder -- Section V / Round Table Discussion — Legal Rights and Moral Responsibilities in the Health Care Process -- Physician, Patient and Malpractice: An Historical Perspective -- The Concept of a Right Ordering -- The Function of Legal Rights in the Health Care Setting -- The Child-Patient: Do Parents have the ‘Right to Decide’? -- Legal Rights and Moral Responsibilities in the Health Care Process -- Closing Remarks -- Notes on Contributors.
    Abstract: 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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  • 2
    Online Resource
    Online Resource
    Dordrecht : Springer
    ISBN: 9789400989726
    Language: English
    Pages: Online-Ressource (XVII, 255 p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Philosophy and Medicine 5
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; medicine Philosophy ; Medical ethics ; Medicine—Philosophy. ; Bioethics.
    Abstract: Section I / The Concept of Mental Illness and the Law -- The Concept of Mental Illness: A Philosophical Examination -- Legal Conceptions of Mental Illness -- Section II / Criminal and Civil Liability of the Mentally Ill -- Minds on Trial -- Mental Abnormality, Personal Responsibility, and Tort Liability -- Section III / Involuntary Civil Commitment of the Mentally Ill -- Paternalistic Grounds for Involuntary Civil Commitment: A Utilitarian Perspective -- Involuntary Civil Commitment: The Moral Issues -- Section IV / Thomas Szasz’s Proposals: A Reconstruction and Defense -- Critical Use of Utilitarian Arguments: Szasz on Paternalism -- Section V / Critical Commentaries -- Function of Mental Health Codes in Relation to the Criminal Justice System -- The Diminished Moral Status of the Mentally Ill -- A Concern for Hardening of the Categories -- Involuntary Civil Commitment: Concerning the Grounds of Ethics -- Notes on Contributors -- Index 251.
    Abstract: This volume developed from and around a series of six lectures sponsored by Rice University and the University of Texas Medical Branch at Galveston in the Fall of 1976. Though these lectures on the concepts of mental health, mental illness and personal responsibility, and the social treatment of the mentally ill were given to general audiences in Houston and Galveston, they were revised and expanded to produce six extensive formal essays by Dan Brock, Jules Coleman, Joseph Margolis, Michael Moore, Jerome Neu, and Rolf Sartorius. The five remaining contributions by Daniel Creson, Corinna Delkeskamp, Edmund Erde, James Speer, and Stephen Wear were in various ways engendered by the debates occasioned by the original six lectures. In fact, the majority of the last five contributions emerged from informal dis· cussions occasioned by the original lecture series. The result is an interlocking set of essays that address the law and public policy insofar as they bear on the treatment of the mentally ill, special atten· tion being given to the defmition of mental illness, generally and in the law, to the issues of the bearing of mental incompetence in cases of criminal and civil liability, and to the issue of involuntary commitment for the purpose of treatment or for institutional care. There is as well a critical defense of Thomas Szasz's radical proposal that mental illnesses are best understood as problems in living, not as diseases.
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  • 3
    ISBN: 9789401569095
    Language: English
    Pages: Online-Ressource (XXII, 302 p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Philosophy and Medicine 4
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; medicine Philosophy ; Medical ethics ; Medicine—Philosophy. ; Bioethics.
    Abstract: Section I / American Legal Perspectives on Insanity: Some Roots in the Nineteenth Century -- American Medico-Legal Traditions and Concepts of Mental Health: The Nineteenth Century -- Philosophical Reflections in the Nineteenth Century Medicolegal Discussion -- Section II / Mental Illness and Mental Complaints: Some Conceptual Presuppositions -- How Much Neurosis Should We Bear? -- Psychic Health, Mental Clarity, Self-Knowledge and Other Virtues -- Models and Mental Illness -- Disease Viewed as a Symbolic Category -- Health and Disease: The Holistic Approach -- Section III / Phenomenological and Speculative Views of Mental Illness -- A Metabletic-Philosophical Evaluation of Mental Health -- Synchronism and Therapy -- Commemorative Remarks in Honor of Erwin W. Straus -- Bibliography of the Works of Erwin W. Straus -- Environments of the Mind -- Luminosity: The Unconscious in the Integrated Person -- Body, Mind, and Conditions of Novelty: Some Remarks on Leonard C. Feldstein’s Luminosity -- Section IV / Acting Freely and Acting in Good Health -- Motivational Disturbances and Free Will -- Towards an Understanding of Motivational Disturbance and Freedom of Action: Comments on ‘Motivational Disturbances and Free Will’ -- Section V / The Myth of Mental Illness: A Further Examination -- The Concept of Mental Illness: Explanation or Justification? -- Szasz on Mental Illness -- Section VI / Reappraising the Concepts of Mental Health and Disease -- H. Tristram Engelhardt Jr. / Chairman’s Remarks -- Closing Reflections -- Notes on Contributors.
    Abstract: The concept 'health' is ambiguous [18,9, 11]. The concept 'mental health' is even more so. 'Health' compasses senses of well-being, wholeness, and sound­ ness that mean more than the simple freedom from illness - a fact appreci­ ated in the World Health Organization's definition of health as more than the absence of disease or infirmity [7]. The wide range of viewpoints of the con­ tributors to this volume attests to the scope of issues placed under the rubric 'mental health. ' These papers, presented at the Fourth Symposium on Philos­ ophy and Medicine, were written and discussed within a broad context of interests concerning mental health. Moreover, in their diversity these papers point to the many descriptive, evaluative, and, in fact, performative functions of statements concerning mental health. Before introducing the substance of these papers in any detail, I want to indicate the profound commerce between philosophical and psychological ideas in theories of mental health and disease. This will be done in part by a consideration of some conceptual developments in the history of psychiatry, as well as through an analysis of some of the functions of the notions of mental illness and health. 'Mental health' lays a special stress on the wholeness of human intuition, emotion, thought, and action.
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  • 4
    ISBN: 9789401014731
    Language: English
    Pages: Online-Ressource (VI, 274 p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Philosophy and Medicine 2
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; medicine Philosophy ; Medical ethics ; Medicine—Philosophy. ; Bioethics.
    Abstract: Section I / Historical Foundations of Modern Neurology -- Varieties of Cartesian Experience in Early Nineteenth Century Neurophysiology -- Historical Development of the Concept of Hemispheric Cerebral Dominance -- Reflections on Our Condition: The Geography of Embodiment Comments on ‘Varieties of Cartesian Experience in Early Nineteenth Century Neurophysiology’ and ‘Historical Development of the Concept of Hemispheric Cerebral Dominance’ -- Section II / Philosophical Implications of Psychosurgery -- Persons and Psychosurgery -- Psychosurgery: What’s the Issue? Comments on ‘Persons and Psychosurgery’ -- Section III / Neural Integration and the Emergence of Consciousness -- Mind, It Does Matter -- Mind and Brain: The Embodied Person -- The Misleading Mediation of the Mental: Comments, on ‘Mind, It Does Matter’ and ‘Mind and Brain: The Embodied Person’ -- Section IV / The Causal Aspect of the Psycho-Physical Problem: Implications for Neuro-Medicine -- On the Power or Impotence of Subjectivity -- The Spurious Psyche-Soma Distinction: Comments on ‘On the Power or Impotence of Subjectivity’ -- Section V / Altered Affective Responses to Pain -- Pain and Unpleasantness -- Pain — The Existential Symptom -- The Evaluation of Pain Responses: A Need for Improved Measures -- Pain and Suffering: Comments on ‘Pain and Unpleasantness,’ ‘Pain — The Existential Symptom,’ and ‘The Evaluation of Pain Responses: A Need for Improved Measures’ -- Section VI / The Function of Philosophical Concepts in the Neuro-Medical Sciences -- Round-Table Discussion -- Notes on Contributors.
    Abstract: Although the investigation and regulation of the faculties of the human mind appear to be the proper and sole concern of philosophers, you see that they are in some part nevertheless so little foreign to the medical forum that while someone may deny that they are proper to the physician he cannot deny that physicians have the obliga­ tion to philosophize. Jerome Gaub, De regimine mentis, IV, 10 ([ 10], p. 40) The Second Trans-Disciplinary Symposium on Philosophy and Medicine, whose principal theme was 'Philosophical Dimensions of the Neuro-Medical Sciences,' convened at the University of Connecticut Health Center at the invitation of Robert U. Massey, Dean of the School of Medicine, during May 15, 16, and 17, 1975. The Proceedings constitute this volume. At this Symposium we intended to realize sentiments which Sir John Eccles ex­ pressed as director of a Study Week of the Pontificia Academia Scientiarum, CiWl del Vaticano, in the fall of 1964: "Certainly when one comes to a [study] . . . devoted to brain and mind it is not possible to exclude relations with philosophy" ([5], p. viii). During that study week in 1964, a group of distinguished biomedical and behavioral scientists met under the director­ ship of Sir John C. Eccles to relate psychology to what Sir John called 'the Neurosciences. ' The purpose of that study week was to treat issues con­ cerning the functions of the brain and, in particular, to concentrate upon the relations between brain functions and consciousness.
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  • 5
    ISBN: 9789401017695
    Language: English
    Pages: Online-Ressource (246p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Philosophy and Medicine 1
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; medicine Philosophy ; Medical ethics ; Medicine—Philosophy. ; Bioethics.
    Abstract: Section I / Value and Explanation: Historical Roots -- Some Basic Explanations of Disease: An Historian’s Viewpoint -- Diseases Versus Healths: Some Legacies in the Philosophies of Modern Medical Science -- Section II / Philosophy of Science in Transition to a Philosophy of Medicine -- Concepts of Function and Mechanism in Medicine and Medical Science (Hommage à Claude Bernard) -- Organs, Organisms and Disease: Human Ontology and Medical Practice -- Comments on “Concepts of Function and Mechanism in Medicine and Medical Science” and “Organs, Organisms and Disease” -- Section III / Ethics and Medicine -- How Virtues Become Vices: Values, Medicine and Social Context -- Moral Philosophy and Medical Perplexity: Comments on “How Virtues Become Vices” -- Section IV / Concepts in Medical Theory -- The Concepts of Health and Disease -- On Disease: Theories of Disease and the Ascription of Disease: Comments on “The Concepts of Health and Disease” -- Section V / Body and Self: Phenomenological Perspectives -- Context and Reflexivity: The Genealogy of Self -- Comments on “Context and Reflexivity” -- The Lived-Body as Catalytic Agent: Reaction at the Interface of Medicine and Philosophy -- Comments on “The Lived-Body as Catalytic Agent” -- Section VI / The Role of Philosophy in the Biomedical Sciences: Contribution or Intrusion? -- Round-Table Discussion -- Notes on Contributors.
    Abstract: This volume inaugurates a series concerning philosophy and medicine. There are few, if any, areas of social concern so pervasive as medicine and yet as underexamined by philosophy. But the claim to precedence of the Proceedings of the First Trans-Disciplinary Symposium on Philos­ ophy and Medicine must be qualified. Claims to be "first" are notorious in the history of scientific as well as humanistic investigation and the claim that the First Trans-Disciplinary Symposium on Philosophy and Medicine has no precedent is not meant to be put in bald form. The editors clearly do not maintain that philosophers and physicians have not heretofore discussed matters of mutual concern, nor that individual philosophers and physicians have never taken up problems and concepts in medicine which are themselves at the boundary or interface of these two disciplines - concepts like "matter," "disease," "psyche. " Surely there have been books published on the logic and philosophy of medi­ 1 cine. But the formalization of issues and concepts in medicine has not received, at least in this century, sustained interest by professional phi­ losophers. Groups of philosophers have not engaged medicine in order to explicate its philosophical presuppositions and to sort out the various concepts which appear in medicine. The scope of such an effort takes the philosopher beyond problems and issues which today are subsumed under the rubric "medical ethics.
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