出生、損害と配分的正義 Birth, Harm and the Role of Distributive Justice : Burdens, Blessings, Need and Desert (Biomedical Law and Ethics Library)

Maclean, Alasdair

Cavendish Pub Ltd（2016/01発売）

• 製本 Hardcover:ハードカバー版／ページ数 220 p.
• 言語 ENG
• 商品コード 9780415465359
• DDC分類 346

基本説明

Looking at the issue of harm in relation to wrongful birth, life and pregnancy claims.

Full Description

This book looks at the issue of harm in relation to wrongful birth, wrongful life and wrongful pregnancy claims. While addressing the issue of whether English Law is coherent and consistent in these cases, Alasdair Maclean also draws comparisons with other jurisdictions looking at the different legal approaches of the US, Australia, France and Holland. The book then goes on to investigate the issues of harm and the relationship between distributive justice and corrective justice, exploring the implications for tort theory more generally.

Contents

1. Introduction 2. Wrongful Life Claims 3. Wrongful Pregnancy and Wrongful Birth 4. A Question of Harm 5. The Use of Distributive Justice 6. Other Policy Arguments 7. Comparison of the Three Claims and the Coherence and Consistency of the Law in Scotland and England 8. Conclusions