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Bioethics, Medicine and the Criminal Law

Bioethics, Medicine and the Criminal Law The Criminal Law and Bioethical Conflict: Walking the Tightrope

Author: Dr Amel Alghrani; Dr Rebecca Bennett; Dr Suzanne Ost
Publisher: Cambridge University Press
ISBN: 9781107025127
Published In: November 2012
Format: Hardback , 305 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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

List of contributors	ix
Foreword: Mark Hedley	xiv
Acknowledgements	xvi
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	1
Part I Death, dying and the criminal law	13
2. Euthanasia and assisted suicide should, when properly performed by a doctor in an appropriate case, be decriminalised John Griffiths	15
3. Five flawed arguments for decriminalising euthanasia John Keown	30
4. Euthanasia excused: between prohibition and permission Richard Huxtable	49
Part II Freedom and autonomy: when consent is not enough	69
5. Body Integrity Identity Disorder: a problem of perception? Robert C. Smith	71
6. Risky sex and ‘manly diversions’: contours of consent in HIV transmission and rough horseplay cases David Gurnham	88
7. ‘Consensual’ sexual activity between doctors and patients: a matter for the criminal law? Suzanne Ost and Hazel Biggs	102
Part III Criminalising biomedical science	119
8. ‘Scientists in the dock’: regulating science Amel Alghrani and Sarah Chan	121
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	140
10. The criminal law and enhancement: none of the law’s business? Nishat Hyder and John Harris	157
11. Dignity as a socially constructed value Stephen W. Smith	175
Part IV Bioethics and criminal law in the dock	189
12. Can English law accommodate moral controversy in medicine? Lessons from abortion Margaret Brazier	191
13. The case for decriminalising abortion in Northern Ireland Marie Fox	203
14. The impact of the loss of deference towards the medical profession José Miola	220
15. Criminalising medical negligence David Archard	236
16. All to the good? Criminality, politics, and public health John Coggon	251
17. Moral controversy, human rights and the common law judge Brenda Hale	265
Index	279