Vulnerability in Law and Bioethics

17 Pages Posted: 29 Jun 2021 Last revised: 17 Dec 2021

Date Written: October 27, 2020

Abstract

This piece was published as “Vulnerability in Law and Bioethics,” 30 Journal of Health Care for the Poor and Underserved 52 (2020).

Both law and bioethics are disciplines concerned with establishing principles, norms, and values to govern those subjects and situations within their jurisdictions. The rules that emerge from discussions about necessary ethical principles must be considered just, and must also clearly define appropriate institutional practices and individual behavior.

The primary subject of both law and bioethics is the human being. While the social and professional roles of the lawyer (and/or legislator and judge) and the bioethicists may be different, both professions are concerned with human beings and the societies in which they live. Therefore, the fundamental question for both disciplines has to be: “What does it mean to be human?” This question must be answered before a determination of what is just can be made in defining professional ethics and responsibility.

Keywords: vulnerability, bioethics, autonomy, universality, consent, professionalism, responsibility

Suggested Citation

Fineman, Martha Albertson, Vulnerability in Law and Bioethics (October 27, 2020). Emory Legal Studies Research Paper No. 21-14, Available at SSRN: https://ssrn.com/abstract=3869063

Martha Albertson Fineman (Contact Author)

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States
404-712-2421 (Phone)

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