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Bioethics, Medicine and the Criminal Law

Bioethics, Medicine and the Criminal Law
3 Volume Set

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: May 2013
  • availability: Available
  • format: Multiple copy pack
  • isbn: 9781107025899

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  • Through socio-legal, theoretical, comparative and historical analysis, case studies and empirical research, this three-volume set offers balanced arguments which help the reader form a reasoned view on the ethical legitimacy of the invocation and use of criminal law to regulate medical practice and bioethical issues. To date, little analysis exists of the criminal process's role in regulating medical practice, its role as an arbiter of bioethics, or its ability to serve as an appropriate forum for judging ethical medical dilemmas. The books analyse how effectively the criminal law can and does operate as a forum for resolving ethical conflict in the contexts of health care, scientific research and biotechnologies. Key questions that are addressed include: how does criminal law regulate controversial bioethical areas? What effect does the use of criminal law have when regulating bioethical conflict? Can the law accommodate moral controversy? And are bioethics and criminal law compatible?

    • Considers in detail a matter of growing contemporary significance that the reader will not find covered elsewhere
    • Brings together a range of experts and leading scholars to make connections between the fields of medicine, bioethics and the criminal process
    • Suggests solutions to the problems raised by the criminal process's regulation of medical practice and its response to bioethical medical controversy
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    Product details

    • Date Published: May 2013
    • format: Multiple copy pack
    • isbn: 9781107025899
    • length: 992 pages
    • dimensions: 315 x 250 x 64 mm
    • weight: 2.06kg
    • availability: Available
  • Table of Contents

    Volume 1:
    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. Volume 2:
    1. The 'doctoring type'
    2. 'The sleep of death':
    150 years of anaesthesia-related mortality and the courts
    3. Victims and prosecution policy
    4. The road to the dock: prosecution decision-making in medical manslaughter cases
    5. Medical manslaughter: the role of context and character
    6. Doctors who kill and harm their patients: the Australian experience
    7. Medical manslaughter: organisational liability
    8. 'From prosecution to rehabilitation': New Zealand's response to health professional negligence
    9. The role of the criminal law in healthcare in France: examining the HIV blood contamination scandal
    10. Pain relief, prescription drugs, and prosecution in the US
    11. Exploring the tension between physician-assisted dying and palliative medicine
    12. Psychiatric care and criminal prosecution
    13. 'Involuntary automaticity' and medical manslaughter
    14. Maternity services and the impact of the Corporate Manslaughter and Corporate Homicide Act 2007
    15. Disease transmission and prosecution. Volume 3: Introduction
    1. Courtrooms, 'physic' and drama
    2. Crime, doctors and the body (politic)
    3. From the 'theatre' to the dock
    4. Protecting life before birth
    5. Medical (and non-medical) ending of life
    6. Which twin lives?
    7. Drawing connections: morality, political liberalism, responsibility and interpretation
    8. Parallels and disconnects: principlism in bioethics, principles of criminalisation and the rule of law
    Conclusion.

  • Editors

    Margaret Brazier, University of Manchester
    Margaret Brazier is Professor of Medical Law at the University of Manchester.

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

    Contributors

    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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