This book, through the lens of interdisciplinary legal analysis, draws a subtle balance between bioethics and financial regulation, with the latter playing an unexpectedly crucial role in the way life may potentially be governed. The legal topic of human preservation or cryoconservation was initially developed in the United States in the case of Donaldson v. van de Kamp. More recently, the subject arose in Europe as a result of a decision of the High Court, Family Division, London. This new theme of cryoconservation has unfolded through multifaceted forms, including its impact on regulation. In an area that may, at least prima facie, be regarded as belonging to the traditional realm of medical law, the findings presented here suggest that its potential has strong economic implications. The work argues that it is necessary also to look at this subject from a more interdisciplinary perspective, drawing a fil rouge between two otherwise seemingly opposing areas of law: medical law and financial regulation. The legal framework draws on the Anglo-American, and the United Kingdom in particular, along with civil law analysis from Italy. The work will be of interest to researchers and academics in the areas of medical law, legal philosophy, financial law, property law and insurance law.

This text investigates cryonics by providing a comprehensive legal analysis of the problems associated with suspension and its relation to estates law. Sample legal documents are included.

George P. Smith, II is a leading figure in the world of medical law and ethics. During his long career he has addressed some of the most important issues in bioethics and has contributed much original thought to the debates in this field. This book celebrates his contribution bringing together his key writings in bioethics. The chapters include previously published material, however, the pieces have been substantially updated to include more recent developments and rewritten drawing out the themes and strands which have run through Professor Smith's thinking over the past fifty years. The book covers topics including: human rights and medical law; the allocation of resources and distributive justice; ethical relativism; science and religion; and public health emergencies. In doing so it offers an excellent overview of the current bioethical issues in medical law in light of recent and ongoing technological developments in medicine. "This collection of essays by one of the world's leading medical lawyers is academic research of the highest quality. With an enviable clarity of thought and force of argument, Professor Smith tackles some of the major issues facing medicine and law today. It is a tour de force by an academic at the height of his powers." Professor Jonathan Herring, University of Oxford.

Ethical challenges -- Rationing health care -- Ethics committees -- Informed decisionmaking -- Embryonic and fetal experimentations -- Wrongful life or wrongful birth -- Procreational restraints -- Surrogation -- Fetal abuse -- Of clones and cryons -- The right to die with dignity.

Smith has packed an incredible amount of information into this relatively short and clearly written book. His erudition is unquestionable, and his knowledge of current trends in medical technology and the ethical issues surrounding them is obvious on every page. P. Jenkins, Choice George P. Smith is one of the world s leading experts on the legal and ethical issues raised by modern medicine. His book is a wide-ranging and deeply informed and considered analysis of those issues, with particular emphasis on the inequality with which the benefits of modern medicine are bestowed on the sick. Knowledgeable as well about the technical aspects of the biomedical revolution, Smith writes with insight and authority, and offers a perspective that will influence the policy debates. Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, US While much has been written about the various issues addressed in this book genetics, cloning, informed consent, organ donation Smith s book moves beyond traditional legal analysis, tying these issues together by examining them through the lens of distributive justice. He thus provides the reader with a unique and valuable perspective on this important area. Distributive Justice and the New Medicine will be of interest to all those interested in health law and bioethics and in particular for those interested in distributive justice. Belinda Bennett, Journal of Law, Social Justice and Global Development Professor George P. Smith s Distributive Justice and the New Medicine is a major new work by one of the world s leading medical lawyers. This book brings important new insights into the complex area of rationing health care resources and should be read by anyone interested in seeking to create a just society. Jonathan Herring, Exeter College, University of Oxford, UK Is the advancement of scientific knowledge and the development of biomedical technologies known as the New Medicine desirable? George P. Smith asks this fundamental question while also confronting the distribution of these scarce medical resources. Law, economics, medical science, philosophy and ethics all coalesce in this discussion of how to structure normative standards of conduct that will improve the quality of human life. The author begins by examining various economic constructs as aids for achieving a fair and equitable delivery of health care services. He then assesses their level of practical application and evaluates the costs and benefits to society of pursuing the development and use of the New Medicine . The book ends with a case study of organ and tissue transplantation that illustrates the implementation of distributive justice. The author concludes that as long as clinical medicine maintains its focus on healing and alleviating suffering among patients, a point of equilibrium will be reached that advances the common good. This timely and compelling exploration will be a must-read for scholars, researchers, policymakers and all those interested in advances in medical technology and the issues surrounding access to health care.