82 CBJ 443. Understanding Bioethics And The Law.

• Author: Justice Barry R. Schaller, Greenwood Publishing Group. 2008 207 pages.

Connecticut Bar Journal

Volume 82.

82 CBJ 443.

Understanding Bioethics And The Law

Connecticut Bar Journal Volume 82, No. 2, Pg. 443 DECEMBER 2008

Understanding Bioethics And The LawJustice Barry R. Schaller, Greenwood Publishing Group. 2008 207 pages.The field of bioethics presents a relatively new challenge for lawyers and jurists, as well as doctors, ethicists and legislators. In his most recent publication, Connecticut Supreme Court Justice Barry R. Schaller sets out his goal to address the important deficiency-understanding the interplay between the science and the law. He defines the premise underlying this book: that Bioethics is on trial as technology produces new medical procedures such as in vitro fertilization and the "maintenance" of patients who are comatose for years.Bioethics, a discipline concerned with studying and resolving life-changing biomedical problems using ethical principles, is recently threatened by court intervention and by the unwise and excessive use of lawsuits. Because the situation is complex, it is important to be clear about where fault lies.

I do not claim that the current predicament has been caused by lawyers or by judges acting improperly. Nor do I argue, by any means, that litigation is never suitable to decide bioethical problems. As I see it, the present condition results from the combination of three forces: a failure, in some respects, of private ethical decision-making, lack of adequate legislative regulation in certain crucial areas, and the deeply rooted American habit of turning to litigating disputes rather than resolving them by other means, such as negotiation or mediation. In those methods of alternative dispute resolution, the parties attempt to resolve disputes by discussing the issues by themselves or with facilitators who assist in the process. In too many situations, forfeiture of legitimate private ethical decision-making power is followed by the parties turning to litigation. Although bringing a lawsuit often looks like the easiest and most efficient way to resolve a dispute, it rarely turns out to be the case. The consequences, intended and unintended, of litigation frequently extract a severe price, not only from the parties, but from society as well.

Justice Schaller points out the increased need for bioethi-cists who are knowledgeable and able to provide an analysis of the importance of law in bioethical "principles" and decisions. In a...