21 Pages Posted: 29 Jan 2007
Date Written: January 29, 2007
This essay critically reviews the theory of biomedical ethics from a law-and-economics perspective. It suggests that the best direction for society is toward greater reliance on property rights and recognized spheres of autonomy, coupled with freedom of contract within specified limits; and that as a result, the role of the biomedical ethicist should be diminished over time rather than enhanced. I consider applications to the duty of beneficence and commerce in body parts.
Keywords: biomedical ethics, law and economics, property rights, freedom of contract, normative ethical theory, positive or descriptive ethical theory, essentialism, commerce in organs, spheres of autonomy
JEL Classification: K00, K13, K32
Suggested Citation: Suggested Citation
Hylton, Keith N., Biomedical Ethics and the Law: A Critical Perspective (January 29, 2007). Boston University School of Law Working Paper No. 07-02. Available at SSRN: https://ssrn.com/abstract=960101 or http://dx.doi.org/10.2139/ssrn.960101