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Law and humanity: exploring organ donation using the Brazier method

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posted on 2023-06-09, 19:23 authored by Marleen Eijkholt, Ruth StirtonRuth Stirton
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.

History

Publication status

  • Published

File Version

  • Published version

Publisher

Routledge

Page range

168-180

Pages

308.0

Book title

Pioneering healthcare law: Essays in honour of Margaret Brazier

Place of publication

Abingdon, Oxon, UK

ISBN

9781138861091

Department affiliated with

  • Law Publications

Full text available

  • No

Peer reviewed?

  • Yes

Editors

Catherine Stanton, Alexandra Mullock, Anne-Maree Farrell, Sarah Devaney

Legacy Posted Date

2019-10-17

First Compliant Deposit (FCD) Date

2019-10-17

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