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Bioethics, Medicine and the Criminal Law

Volume 1. The Criminal Law and Bioethical Conflict: Walking the Tightrope


Part of Cambridge Bioethics and Law

Amel Alghrani, Rebecca Bennett, Suzanne Ost, John Griffiths, John Keown, Richard Huxtable, Robert Smith, David Gurnham, Hazel Biggs, Sarah Chan, Sara Fovargue, Nishat Hyder, John Harris, Stephen Smith, Margaret Brazier, Marie Fox, José Miola, David Archard, John Coggon, Brenda Hale
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  • Date Published: November 2012
  • availability: Available
  • format: Hardback
  • isbn: 9781107025127

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About the Authors
  • Who should define what constitutes ethical and lawful medical practice? Judges? Doctors? Scientists? Or someone else entirely? This volume analyses how effectively criminal law operates as a forum for resolving ethical conflict in the delivery of health care. It addresses key questions such as: how does criminal law regulate controversial bioethical areas? What effect, positive or negative, does the use of criminal law have when regulating bioethical conflict? And can the law accommodate moral controversy? By exploring criminal law in theory and in practice and examining the broad field of bioethics as opposed to the narrower terrain of medical ethics, it offers balanced arguments that will help readers form reasoned views on the ethical legitimacy of the invocation and use of criminal law to regulate medical and scientific practice and bioethical issues.

    • Provides interesting insights into controversial and timely issues in law, medicine and bioethics in a clear and concise way
    • Essays by eminent authors offer varied and contextualised analysis of the criminal law's regulation of bioethical issues
    • Focuses on health care, scientific research and biotechnologies - matters of growing contemporary significance that the reader will not find covered elsewhere
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    Reviews & endorsements

    '… this book is a major success. It is original, thought provoking, and covers a wide range of contemporary issues which everyone interested in bioethics, medicine, and the law will take pleasure in reading. While this book is aimed largely at an academic audience, it will definitely garner interest from practitioners, both medical and legal, scientists and students on undergraduate and postgraduate courses across the country.' Rob Heywood, Medical Law Review

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    Product details

    • Date Published: November 2012
    • format: Hardback
    • isbn: 9781107025127
    • length: 305 pages
    • dimensions: 234 x 154 x 21 mm
    • weight: 0.58kg
    • contains: 1 table
    • availability: Available
  • Table of Contents

    1. Introduction – when criminal law encounters bioethics: a case of tensions and incompatibilities or an apt forum for resolving ethical conflict? Amel Alghrani, Rebecca Bennett and Suzanne Ost
    Part I. Death, Dying, and the Criminal Law:
    2. Euthanasia and assisted suicide should, when properly performed by a doctor in an appropriate case, be decriminalised John Griffiths
    3. Five flawed arguments for decriminalising euthanasia John Keown
    4. Euthanasia excused: between prohibition and permission Richard Huxtable
    Part II. Freedom and Autonomy: When Consent Is Not Enough:
    5. Body integrity identity disorder – a problem of perception? Robert Smith
    6. Risky sex and 'manly diversions': the contours of consent in criminal law – transmission and rough horseplay cases David Gurnham
    7. 'Consensual' sexual activity between doctors and patients: a matter for the criminal law? Suzanne Ost and Hazel Biggs
    Part III. Criminalising Biomedical Science:
    8. 'Scientists in the dock': regulating science Amel Alghrani and Sarah Chan
    9. Bioethical conflict and developing biotechnologies: is protecting individual and public health from the risks of xenotransplantation a matter for the (criminal) law? Sara Fovargue
    10. The criminal law and enhancement – none of the law's business? Nishat Hyder and John Harris
    11. Dignity as a socially constructed value Stephen Smith
    Part IV. Bioethics and Criminal Law in the Dock:
    12. Can English law accommodate moral controversy in medicine? The case of abortion Margaret Brazier
    13. The case for decriminalising abortion in Northern Ireland Marie Fox
    14. The impact of the loss of deference towards the medical profession José Miola
    15. Criminalising medical negligence David Archard
    16. All to the good? Criminality, politics, and public health John Coggon
    17. Moral controversy, human rights and the common law judge Brenda Hale.

  • Editors

    Amel Alghrani, University of Liverpool
    Amel Alghrani is a Research Fellow at Manchester University.

    Rebecca Bennett, University of Manchester
    Rebecca Bennett is a Senior Lecturer in Bioethics at Manchester University.

    Suzanne Ost, Lancaster University
    Suzanne Ost is a Professor of Law at Lancaster University.


    Amel Alghrani, Rebecca Bennett, Suzanne Ost, John Griffiths, John Keown, Richard Huxtable, Robert Smith, David Gurnham, Hazel Biggs, Sarah Chan, Sara Fovargue, Nishat Hyder, John Harris, Stephen Smith, Margaret Brazier, Marie Fox, José Miola, David Archard, John Coggon, Brenda Hale

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