MEDICO-LEGAL PROBLEMS
J. David Bleich, "Survey of Recent Halakhic Periodical Literature",
Tradition 2l (l984), 80-90. - The author reviews material on physicians
strikes, nuclear warfare, and Hanukkah lights for travellers. (S.M.P.)
J. David Bleich, "Survey of Recent Halakhic Periodical Literature",
Tradition 20/3 (l982), 254-264. - The author discusses material on
prostate surgery. (S.M.P.)
J. David Bleich, "Of Cerebral, Respiratory and Cardiac Death",
Tradition 24/3 (1983), 44-66. - The author contends that there is
no scientific or factual basis for the sharp conflict between societal acceptance
of "Brain Death" criteria for establishing death and Jewish teaching
which rejects the notion of "Brain Death". The severe difference
of opinion flows from views of the sanctity of human life, regardless of
its quality, which are at variance, and from "conflicting perceptions
of duties owed to the moribund patient". (S.M.P.)
J. David Bleich, "Survey of Recent Halakhic Periodical Literature",
Tradition 24/4 (1989) 69-90. - The author explores the complex issue
of fetal tissue research, from the perspective of halakhah. The matter
is particularly vital in view of the pressure to gain federal funding for
fetal research in the United States. Such research clearly requires fetal
cadavers. Opponents of such funding hold that governmental support implies
acceptance of the full research protocol and therefore perhaps collusion
in abortion per se. The halakhic perspective raises questions of
the obligation of fetal burial, of benefit from a fetal cadaver, and the
impact of these concerns on preservation of human life. The author also
considers this question with reference to the Noahide Code because the public
policy issue has arisen in a non-Jewish society. (S.M.P.)
J. David Bleich, "Survey of Relent Halakhic Periodical Literature",
Tradition 22/4 (1987), 102-116. - The author discusses the problem
encountered by emergency medical personnel of returning from missions of
mercy on the sabbath. He reviews the relevant authorities and concludes
that a significant body of opinion would allow such personnel to return
to their homes on a sabbath after completing an emergency medical call requiring
travel to reach the patient. (S.M.P.)
Richard A. Block, "A Matter of Life and Death: Reform Judaism
and the Defective Child", JRJ 31/4 (l984), l4-30. - The author
argues that no single, standard, criterion or principle will be adequate
for every situation. The best approach is seen as a combination of principles
and tests presented by the author, which are to be applied as carefully
and as narrowly as possible. Should the decision of whether or not to provide
life-prolonging treatment to a defective child remain in doubt after the
conscientious application of principles and tests, which are derived from
tradition, the tradition demands a decision in favour of life. (S.M.P.)
Reuven P. Bulka, "Psychology, Halakhah, and Organ Transplantation",
Tradition 24/2 (1989), 3-15. - The author contends that modern medicine,
and its splendid scientific advance, must not embrace life without realizing
that society may become defiled by trampling upon one segment of society
for the benefit of another segment. Halakhic guidelines regarding for whom
and how to transplant organs must take cognizance of psychological dimensions
of the matter as well. (S.M.P.)
B. Freedman, "Leviticus and DNA: A Very Old Look at a Very New
Problem", Journal of Religious Ethics 8 (1980), 105-113. - Recombinant
DNA research, which has the potential to produce new hybrid organisms, is
discussed in the light of halakhic interpretations of Lev. 19:19,
which forbids mixed breeding. This is often seen as a prohibition based
on natural law, and on some views this would rule out manipulation of DNA.
However Halevy's (Book of Instruction Commandment 62) interpretation
of the commands could permit DNA research aimed at healing, e.g. manufacture
of insulin, but would still rule out research aimed at improving the species,
or research for reasons of pure curiosity. (G.J.W.)
Walter Jacob, "Selling Human Blood for Medical Purposes",
Journal of Reform Judaism 33/4 (1987), 73f. - The author, from a
liberal Jewish point of view, argues that Jews need not oppose the sale
of human blood by blood donors at plasma centers on the ground of Jewish
tradition. He does, however, state that persons who sell their blood are
generally the poor and homeless who are without any resource except their
own blood. This unfortunate state of affairs should prompt efforts to help
people in such plight so that they are not constrained to sell blood. (S.M.P.)
Yoel Jakobovitz, trans., "Brain Death and Heart Transplants:
The Israeli Chief Rabbinate's Directives", Tradition 24/4 (1989),
1-14. - This is an English translation, with notes, of the 5747 confirmation
by the chief rabbinical council of the recommendations of its heart transplant
committee. (S.M.P.)
Paul Kahn, "Psychotherapy and the Commandment to Reprove",
PAOJS 7 (l983), 37-49. - The purpose of the paper is to amplify the
law of reproof and its application to psychotherapy, although the author's
conclusions are explicitly not to be taken as a pesak din. The author
suggests that good psychotherapy might well provide an occasion for reproof
if the therapist knows how to reprove. (S.M.P.)
Fred Rosner, "Test Tube Babies, Host Mothers, and Genetic Engineering",
Tradition l9/2 (l981), 141-148. - The author briefly reviews the
matters of artificial insemination, test tube babies, host mothers, and
genetic engineering, providing a brief statement of the halakhic view of
each where such a view has been propounded. He concludes with a call to
rabbis to examine these issues in a halakhic context so that they may offer
Jewish legal guidance to both medical and lay communities. (S.M.P.)
Fred Rosner, "Jewish Ethical Issues in Hazardous Medical Therapy",
Tradition 19/1 (l981), 55-58. - The author argues that the basic
tenet of Judaism is the supreme value of human life. Therefore when life
is threatened, even when there is no hope for survival for a prolonged period
but only for a very short time all commandments of the Bible are set aside.
Any act which can prolong life supersedes all commandments except the three
cardinal ones. (S.M.P.)
S. Shilo, "Operations for the Terminally Ill" (Heb), Mishpatim
12 (1982), 565-574. - S argues that a recent High Court decision upholding
a hospital's refusal to permit an experimental operation to a terminally
ill patient, is at variance with Jewish Law. According to Jewish Law, in
such cases the slight chance of long term survival is to be preferred against
immediate short term survival. The variables are medical opinion regarding
the risk factor and the patient's agreement. S argues that modern Responsa
indicate that given the patient's agreement, even where the prevalence of
medical opinion determines a high immediate risk factor, with minute chance
of success, nonetheless the operation would be permitted assuming that the
alternative is imminent death. (M.J.P.)
Daniel B. Sinclair, Tradition and the Biological Revolution,
The Applicatioon of Jewish Law to the Treatment of the Critically Ill,
Edinburgh, Edinburgh University Press, 1989, Pp.117, ISBN 0-85224-636-6,
Price: £19.95. - The author provides a succinct and readable summary
of his Hebrew University Doctoral Thesis. The four principal chapters deal
with the distinction between precipitating the death of the goses
and removing an impediment to his death; the exemption of the killer of
a terefah from capital punishment (including consideration of the
use of divine sanctions); sacrificing the life of a terefah for the
sake of preserving viable life (including a comparison with the defence
of necessity in English common law; and the relationship between morality,
policy and law in the context of treatment of the critically ill). Appendices
deal with the Tay-Sachs foetus debate, and with termination of the life
of a critically ill patient in Anglo-American law. Sinclair stresses methodological
questions, and distinguishes the standard mode of Halakhic reasoning from
what he terms the Maimonidean mode, "based upon the rational principle
of the fundamental importance of human life" - a principle which he
argues is treated as a "meta-principle" and is used to fill gaps
in the existing Halakhah. (B.S.J.)
Moshe Halevi Spero, "Halakhic Definitions of Confidentiality
in the Psychotherapeutic Encounter: Theory and Practice," Tradition
20 (1982), 298-326. - The author compares general ethical perspectives
with halakhic perspectives in respect to a patient's right to privacy and
the professional's obligation to maintain (or to divulge) professional secrets.
The matter of secrecy and confidence-bearing as a necessary good and right
is explicated. There is also an examination of the value of confidentiality
in regard to practical applications, including diagnostic conferences, situations
involving danger to the patient or others, and professional testimony. (S.M.P.)
Moshe Halevi Spero, "Further Examination of the Halakhic Status
of Homosexuality: Female Homosexual Behavior as Ones", PAOJS
7 (l983), 99-122. - While the halakhically-observant mental health professional
can not treat homosexuals who wish to be accepted as homosexuals or to have
their sexual life style "improved" or even condoned, or even refer
such persons to other mental health professionals, the halakhah does accept
in principle the value of psychotherapeutically modifying the homosexual
toward heterosexuality or lessened homosexual behavior, notwithstanding
some ethical objections to some current techniques used for this. The use
of the concept of one, compulsion, is of limited value in these matters
and does not render acceptable or less sinful homosexual acts committed
in a non-psychotic state and in full awareness of halakhic opinion on the
matter. The fact that the halakhically competent professional maintains
specific moral beliefs about homosexual behavior does not preclude professional
attitudes of empathy and sensitivity. (S.M.P.)
Moshe Halevi Spero, "Toward a Halakhic Perspective on Radical
forms of Psychological Manipulation and Behavior Control", PAOJS
7 (l983), 71-97. - The author demonstrates that current radical forms
of psychotherapy may represent a potentially serious ethical challenge to
our notion of freedom and to the idea of willful participation in the psycho-therapeutic
process. A halakhic model for "radical intervention" is presented
on the admittedly incomplete and problematic analog of kofin oto ad sheyomar
rotseh ani. The halakhah is not able to accept the view that a person
is not born free but rather subservient to genes and education. (S.M.P.)
Mark Washofsky, "AIDS and Ethical Responsibility: Some Halachic
Considerations", Journal of Reform Judaism 36/1 (1989), 53-65.
- The author argues on the basis of rabbinic legal materials that the potential
danger of contracting the fatal disease of AIDS is insufficient ground in
Jewish law to excuse an individual from the responsibilities of saving life
and caring for the sick. Fear of AIDS, therefore, does not override obligations
to care for neighbours who are in pain. He then states that it does not
necessarily follow that Reform Judaism must make such an ethical demand
from Reform Jews. Other factors, such as realism, may be seen to supervene.
(S.M.P.)
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