Law and humanity: exploring organ donation using the Brazier method

Eijkholt, Marleen and Stirton, Ruth (2015) Law and humanity: exploring organ donation using the Brazier method. In: Stanton, Catherine, Devaney, Sarah, Farrell, Anne-Maree and Mullock, Alexandra (eds.) Pioneering healthcare law: Essays in honour of Margaret Brazier. Routledge, Abingdon, Oxon, UK, pp. 168-180. ISBN 9781138861091

[img] PDF - Published Version
Restricted to SRO admin only

Download (133kB)


Margaret Brazier has been described as one whose work ‘light[s] the way’1 for those that follow, the ‘paradigmatic female role model for young academics’2, and as a ‘lawyer, whose heart is in the law’.3 We agree and argue that Brazier has a distinctive way of both analysing legal issues and evaluating legal problems. This chapter identifies and examines the distinctive elements of the Brazier method. Drawing on this method, and a case study, we argue that she has made a fundamental contribution to the development of healthcare law. Brazier has highlighted the importance of recognising the humanity of different stakeholders in the healthcare enterprise. Particularly important is her recognition of the fallibility and vulnerability of healthcare professionals alongside patients. Where previously medical law was a tool for confrontation between human patients and machine-like doctors, Brazier has facilitated its evolution into a new role as mediator between fallible and vulnerable players.

Item Type: Book Section
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law
K Law > KD Law of the United Kingdom and Ireland
Related URLs:
Depositing User: Ruth Stirton
Date Deposited: 17 Oct 2019 15:52
Last Modified: 17 Oct 2019 15:52

View download statistics for this item

📧 Request an update