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Technology, Health, and Law in Life and
Death

Technology, Health, and Law in Life and Death

Before the Cradle to Beyond the Grave

Research Series on Responsible Enterprise Ecosystems

Innovating for the Public Good Through Sustainable Governance and the SDGs

Sustainability in Public Entrepreneurship

Hart Studies in Private Law

This ambitious and important book explores the new concept of the doctor-patient relationship, told from the private law perspective. The doctor-patient relationship differs from others in negligence law. Doctors are required to take positive action and, therefore, can be held liable for omissions. However, because actionable damage is almost exclusively confined to physical injury, the significance of a doctor's liability for failing to confer a benefit has gotten lost along the way. This aspect of the doctor's positive duty is overlooked in both the case law and the literature - and, this book identifies it as the principal barrier to protecting interests other than bodily integrity in medical negligence law. The book sets out a novel theoretical framework in which the reconceptualised doctor's 'positive duty to take care' of a patient's interests justifies an expanded concept of actionable damage beyond physical injury - ensuring that the reasons for requiring doctors to act positively are carried through to the damage enquiry. The book identifies that the leading cases causing challenges to coherency in medical negligence are those involving patient choice: Rees v Darlington Memorial Hospital, McFarlane v Tayside Health Board, Meadows v Khan, ACB v Thomson Medical Pte Ltd, Chester v Afshar, Montgomery v Lanarkshire Health Board, Gregg v Scott, and Philp v Ryan. Rather than treating patient autonomy as a source of doctrinal difficulty, this book offers a new way of thinking about the doctor-patient relationship to accommodate autonomy related interests and real world effects of medical negligence separate from physical injury. The theoretical account of the doctor's positive duty and its consequences for actionable damage reveals what is distinctive about the doctor-patient relationship amongst other relationships giving rise to liability for omissions. It suggests how novel harms in medical negligence might be accommodated - including the potential for tort law in this area to reflect fundamental values in constitutional rights in Ireland and ECHR rights in the UK, and how the non-pecuniary losses could be quantified and compensated. While common law of Ireland and the UK takes centre stage, the analysis draws on other common law jurisdictions and on Irish constitutional law.

A Doctor’s Duty to Take Care

Redefining the Medical Negligence Action

This book provides comprehensive analysis of the UK Procurement Act 2023 for practising lawyers and anyone else with a professional interest in in the application of this important post-Brexit regime. It sets out the text of the Act chapter-by-chapter with accompanying commentary. In doing so the authors cover a broad range of issues, including: Reviewing how the legislation is to be understood in a post-Brexit context, focussing on the key innovations brought forward in the Act Contextualising developments, describing the various relevant international instruments such as the WTO Government Procurement Agreement Setting out the consequences of departure from the EU and detachment from EU procurement law Providing detailed discussion of the body of regulations, guidance, and other soft law that frames the content of the Act and will deliver effects of the legislation Addressing the interface with other related public procurement regimes falling outside the Act, such as the Provider Selection Regime in the NHS. Written and prepared by a team of professional and academic experts who have decades of experience of procurement law between them, this is the essential text for practitioners working on a procurement dispute or advisory situation.

Text, Guide, and Analysis

UK Procurement Legislation

What if the biggest obstacle to solving our problems is nothing more than a failure to believe that we can?Rick Caruso has spent his life stepping optimistically into places where other people see no way forward by asking a deceptively simple question: What can we do to make this better? From his appointment as Commissioner to the Los Angeles Department of Water and Power and later the City's troubled Police Department, to the creation of his bold and innovative real estate ventures including L.A.'s world-renowned retail center The Grove, Caruso built a reputation for finding steadfast solutions even in the face of staunch adversity. By employing the great teachers of experience and curiosity, he continues to do what he can to improve Los Angeles, the city he loves, and in Breaking New Ground, he shares lessons learned along the way--while offering us all a path forward to a better future.Again and again, Caruso discovered that breakthroughs rarely come from knowing everything at the outset. They come from asking better questions, bringing the right people into the room, listening without ego, separating ideology from reality, and refusing to give up until workable solutions emerge. Ultimately, they require a steadfast dedication to the belief that there is always a solution and that defeat is not an option.Breaking New Ground is the story of how his philosophy was forged--from the examples of immigrant grandparents and a father who lost one fortune and built another, to Caruso's own successes, failures, public battles, family life, faith, and unexpected turns through business and government.Caruso is less interested in prescribing a formula for becoming successful than in exploring how successful problem-solvers think: how they distinguish what matters from what merely makes noise; how they balance conviction with compromise; how they recognize when conventional wisdom has stopped working; and how they remain fearless enough to see difficult decisions through.Part memoir, part argument, and part blueprint for action, Breaking New Ground offers a timely proposition for anyone confronting a problem that feels too complicated, entrenched, or divisive to solve.There is always another way forward. Sometimes you simply have to be willing to build it.

It’s Not too Late to Build Toward a Better Future!

The Power of Finding Steadfast Solutions

Breaking New Ground

Previously known as Drafting Agreements in the Biotechnology and Pharmaceutical Industries, this title provides precedent agreements for the main types of commercial transaction encountered in the life sciences, biotechnology and pharmaceutical industries. In addition to the print version, each precedent is available via an accompanying website in a format which can be easily downloaded and edited. Detailed commentary on legal, commercial and practice issues accompanies every precedent. Provided by specialist lawyers from across Europe, this commentary also highlights important differences between English law and that of other key EU jurisdictions: Germany, France, the Netherlands, Spain and Sweden. Commentary on specific considerations for the US is also provided. In addition to precedent commentaries, the book also contains detailed commentary and discussion of legal issues common to the life sciences, biotechnology and pharmaceutical industries, as well as links to relevant materials (eg regulatory materials on clinical trials). This title is included in Bloomsbury Professional's Intellectual Property and IT online service.

Drafting Agreements in Life Sciences

Kooperationswerke Beck - Hart

The Article-by-Article-Commentary on the new EU Law on Artificial Intelligence
This volume provides a comprehensive article-by-article commentary on the new provisions of the Artificial Intelligence Act (AI Act). It contains chapters on, among other things, technical and ethical foundations, responsibility for AI as well as data protection aspects.

The Artificial Intelligence Act provides harmonised rules for the development, marketing and use of AI systems in the EU, including for the safety and fundamental rights of individuals. It thus has a direct legal and economic impact on business activities and the users of AI systems.
The authors describe in detail
which obligations are imposed on providers and commercial users of AI systems,
how such systems can be introduced and used in compliance with the law, and
what requirements are placed on the providers (e.g., developers of an AI application for robot-assisted surgery) and the users of such systems (e.g., the hospital using the AI application in surgery).

Additional content
Systematic presentation of the law of artificial intelligence in Switzerland
Additional chapters, among others, on technical and ethical foundations, on further regulatory frameworks, on the responsibility for AI and on aspects of data protection law

Potential readers
In-house counsels, companies, lawyers, market surveillance authorities, supervisory authorities, business and consumer associations, research institutions, non-governmental organisations, European institutions.

About the contributors
The book is edited by Prof. Dr. Janine Wendt, Chair of Civil Law and Corporate Law at the Technical University of Darmstadt, and Prof. Dr. Domenik H. Wendt, LL.M., Chair of Civil Law, European Business Law and European Law at the Frankfurt University of Applied Sciences. The authors are experts from academia and from legal as well as regulatory practice.

Article-by-Article Commentary

Artificial Intelligence Act

Pandemics, Power, and Parliaments

Asia in Times of Crisis

This book discusses the 'theory of dematerialised property', a constructivist property theory that applies to tangible and intangible property alike. It explains the way in which this theory regards 'property' as a creation of the law, whereby the property object (res) is a normative conception brought into existence by the property rights in it, and an actual corporeal thing is merely a practical incidence of the abstract-normative idea of the property object. The discussion of dematerialised property is founded on a theoretical examination of definitions, terminologies and concepts of property, particularly ownership and possession, and restricted real rights, as well as a comparative law overview of concepts of ownership and the acquisition and transfer of property rights in the different Common law and Civil law property systems. The concept of dematerialised property serves as a good theoretical basis for explaining and defining forms of tangible and particularly intangible property, like debts, money and shares, and modern forms of property, such as electronic money, non-fungible tokens or data. The book also features the ideas of property theorists in law and in political philosophy, such as the classical theories by Grotius, Pufendorf, Locke and Hegel, and it revisits modern legal theories of property. It then deals with economic, sociological and psychological dimensions of property which are behind the legal concept of property, aspects that are generally disregarded in traditional texts on property theory.

Theories about the Nature and Concept of Property

The Laws of Property

Hart Studies in Comparative Public Law

Theory, Practice and Problems

Automation in Governance

The Future of Private Law

This open access book explores the relationship between consumer law and global value chains (GVCs). Conceptually rigorous, it analyses EU approaches to regulation and to consumer policy oriented to safety, sustainability and market regulation. In so doing, it throws the disconnect between GVCs and consumer law into sharp relief. In response, the author argues that GVCs are a plausible venue for reconsidering consumers as regulatory actors in the global economy. This would enable both consumer protection and EU's decentralised social ordering (based on private regulation) to be accommodated. Innovative and thought-provoking, this is an important contribution to debates on EU consumer law. The ebook editions of this book are available open access under a CC BY-NC 4.0 licence on bloomsburycollections.com.

Rethinking Consumers in Global Production

Connecting Value Chains

Studies of the Oxford Institute of European and Comparative Law

The leading Spanish language treatise on the law on torts has now been translated into English, making it accessible to jurists, scholars and practitioners throughout the world. It addresses the central analytical questions in modern tort theory by reference to first principles, explaining how doctrinal tension has resulted from the law's evolution. The book also offers a theoretical framework for understanding and analysing the doctrines behind the main tort rules found in different jurisdictions, including their interrelationship and historical development. Steeped in Chilean legal doctrine and case law on torts, it also considers authorities from Britain, Germany, the USA, France and Spain. This is a magisterial and important work.

A Comparative Perspective

The Foundations of Tort Law in the Civilian Tradition

Innovations in Food Science and Technology

Handbook of Food Preservation Methods

Technology, Health, and Law in Life and Death

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