TY - JOUR
T1 - A critical commentary on Derek Morgan's unpublished manuscript
T2 - 'Coming back to life: The normal chaos of medical law' and how to deal with property in human cells
AU - Capps, Benjamin J.
N1 - Publisher Copyright:
© The Author [2014].
PY - 2014/12/1
Y1 - 2014/12/1
N2 - This article is an analysis of Derek Morgan's manuscript-'Coming Back to Life: The Normal Chaos of Medical Law', which remained unpublished at his death in 2011. Morgan made two claims in the manuscript: (1) medical practitioners and patients approach health from the different perspectives of 'reason' and 'emotion' respectively, while medical law treads the line between these ultimately resulting in 'normal chaos'. (2) In this respect, medical law ought to be coaxed 'back to life' so that it can address broader principles and values in respect to practical resolution; however, it has, in the face of this chaos, become dull in its ambitions. In this article, I first analyse these two claims in detail, before, second, illustrating the 'normal chaos' of medical law using the debate over ownership of human cells and tissues. I draw my own conclusions as to whether Morgan's final thesis was successful.
AB - This article is an analysis of Derek Morgan's manuscript-'Coming Back to Life: The Normal Chaos of Medical Law', which remained unpublished at his death in 2011. Morgan made two claims in the manuscript: (1) medical practitioners and patients approach health from the different perspectives of 'reason' and 'emotion' respectively, while medical law treads the line between these ultimately resulting in 'normal chaos'. (2) In this respect, medical law ought to be coaxed 'back to life' so that it can address broader principles and values in respect to practical resolution; however, it has, in the face of this chaos, become dull in its ambitions. In this article, I first analyse these two claims in detail, before, second, illustrating the 'normal chaos' of medical law using the debate over ownership of human cells and tissues. I draw my own conclusions as to whether Morgan's final thesis was successful.
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U2 - 10.1093/medlaw/fwt048
DO - 10.1093/medlaw/fwt048
M3 - Comment/debate
C2 - 24525529
AN - SCOPUS:84931032394
SN - 0967-0742
VL - 22
SP - 606
EP - 619
JO - Medical Law Review
JF - Medical Law Review
IS - 4
ER -