Criminal Law

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

Edited by Dr Amel Alghrani · Dr Rebecca Bennett · Dr Suzanne Ost
Cambridge University Press November 2012

Specifications

ISBN-13
9781107025127
Publisher
Cambridge University Press
Publication
November 2012
Format
Hardback , 305 pages
Jurisdiction
International ? Countri(es) for reference only

Details

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

Table of Contents

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

About the Author

Dr Amel Alghrani
University of Manchester

Dr Rebecca Bennett
University of Manchester

Dr Suzanne Ost
Lancaster University

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