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Bioethics, medicine, and the criminal law : the criminal law and bioethical conflict : walking the tightrope /
"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...
| Clasificación: | Libro Electrónico |
|---|---|
| Otros Autores: | , , |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Cambridge [UK] ; New York :
Cambridge University Press,
2012.
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| Colección: | Cambridge bioethics and law.
|
| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Cover
- Bioethics, Medicine and the Criminal Law Volume 1
- Cambridge Bioethics and Law
- Title
- Copyright
- Contents
- Contributors
- Foreword
- Acknowledgements
- 1 Introduction: When criminal law encounters bioethics: a case of tensions and incompatibilities or an apt forum for resolving ethical conflict?
- Part I: Death, dying and the criminal law
- Part II: Freedom and autonomy: when consent is not enough
- Part III: Criminalising biomedical science
- Part IV: Bioethics and criminal law in the dock
- Themes and connections
- 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
- Introduction
- The medical context
- 'Decriminalisation´ and `legalisation´
- Three scenarios of dying and their dangers
- Scenario 1
- Scenario 2
- Scenario 3
- The argument for decriminalisation
- The argument for legalisation of euthanasia
- The limitation to 'an appropriate case'
- Conclusions
- 3 Five flawed arguments for decriminalising euthanasia
- Introduction
- Hypocrisy of the criminal law
- Autonomy, VAE and NVAE
- The failure of the criminal law
- Lessons from Dutch criminal law and medical practice
- VAE for the `non-vulnerable´
- Conclusions
- 4 Euthanasia excused: between prohibition and permission
- Introduction
- Euthanasia: permitted or prohibited?
- In that case
- To prohibit or permit?
- Euthanasia: excused
- Why (not) compromise?
- When to compromise
- How to compromise
- How to compromise on euthanasia
- Conclusion
- Part II: Freedom and autonomy: when consent is not enough
- 5 Body Integrity Identity Disorder: a problem of perception?
- Introduction
- What is BIID?
- Features of BIID (amputee form)
- Aetiology.
- Is it ever ethically and legally acceptable to amputate the healthy limb of someone with BIID?
- The duty not to harm and the principle of respect for individual autonomy
- Consent
- Justice
- Legal issues
- The future
- Conclusions
- 6 Risky sex and `manly diversionsþ: contours of consent in HIV transmission and rough horseplay cases
- Introduction
- Ascertaining a victimþs consent: when is it presumptuous to presume?
- Consent to grievous bodily harm inflicted through 'rough and undisciplined horseplay'
- Consent in cases of reckless transmission of HIV through sexual intercourse
- Three types of risky behaviour, three legal regimes: horseplay, HIV and 'vigorous' sex
- Consent, gender and precedent: a historical view
- Conclusion
- 7 'Consensual' sexual activity between doctors and patients: a matter for the criminal law?
- Introduction
- Breaching sexual boundaries in the doctor-patient relationship
- Can sexual activity between doctor and patient ever be truly consensual?
- Sexual exploitation in the doctor-patient relationship and the limits of the criminal law
- Conclusion
- Part III: Criminalising biomedical science
- 8 'Scientists in the dock': regulating science
- Introduction
- Regulating science: how and by whom?
- Scientific responsibility: moral code, code of conduct?
- Self-regulation: is it sufficient?
- How does the law currently regulate science?
- Research involving reproductive biomaterials
- Criminal sanctions and the HFE Act
- Research involving human tissue and organs
- Criminal sanctions in the Human Tissue Act 2004
- Is criminal law appropriate?
- Criminal law as moral dictum
- Hindering scientific progress
- Discouraging research
- Legal regulation and scientific freedom
- Conclusions: moral controversy and criminal law
- a symbolic role?
- 9 Bioethical conflict and developing biotechnologies: is protecting individual and public health from the risks of xenotransplantation a matter for the (criminal) law?
- Introduction
- An overview of the risks
- Xeno-surveillance
- Compliance
- Securing compliance
- Civil law
- contract
- Criminal law
- Conclusion: a new xenotransplantation statute
- 10 The criminal law and enhancement: none of the law´s business?
- Introduction
- The drugs
- The law
- Regulatory reform and strategy
- Access
- Monitoring
- Conclusion
- 11 Dignity as a socially constructed value
- Introduction
- Foundations for human dignity
- Dignity as a socially constructed value
- Conclusion
- Part IV: Bioethics and criminal law in the dock
- 12 Can English law accommodate moral controversy in medicine? Lessons from abortion
- Introduction
- The role of the criminal law
- Abortion: a muddled history
- Science and certainty
- The private domain?
- Inconclusive conclusions
- 13 The case for decriminalising abortion in Northern Ireland
- Introduction
- The consequences of criminalisation: abortion in Northern Ireland
- Can law offer solutions?
- What now?
- Framing arguments for decriminalisation
- Conclusion
- 14: The impact of the loss of deference towards the medical profession
- Introduction
- The existence of deference in the civil courts
- Deference in the criminal sphere
- More recent cases in the criminal sphere
- The loss of deference
- Conclusion: the Human Tissue Act 2004
- a blueprint for the future?
- 15 Criminalising medical negligence
- Introduction
- 'Bad doctors'
- A note on criminalisation
- A note on gross negligence
- Bolam and special treatment
- Why are doctors different?
- Level of blameworthiness
- Fairness and liability
- Conclusion
- 16 All to the good? Criminality, politics, and public health.
- Introduction
- Public health: politics in a field without boundaries
- Public health policy and criminal regulation
- Public health, social responsibility, and health as the highest law
- Conclusions
- 17 Moral controversy, human rights and the common law judge
- Index.