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  1. Jacqueline A. Laing (forthcoming). Human Rights in the Age of Eugenics. Edinburgh University Press.
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  2. Jacqueline A. Laing (forthcoming). The Natural Law. Blackwell.
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  3. Jacqueline A. Laing & Russell Wilcox (eds.) (forthcoming). A Natural Law Reader. Blackwell.
    The Natural Law Tradition has been at the very heart of western ethical, political and jurisprudential development. The purpose of the present volume is to collect together a representative and wide-ranging series of readings which fall within the auspices of the oldest and historically most authoritative of these and takes the discussion into the modern world with readings in metaphysics, jurisprudence, politics and ethics. This project, drawing upon the metaphysical and ethical categories most famously stated and developed by Aristotle and (...)
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  4. Jacqueline A. Laing (2013). Infanticide: A Reply to Giubilini and Minerva. Journal of Medical Ethics 39 (5):336-340.
    The Groningen Protocol and contemporary defences of the legalisation of infanticide are predicated on actualism and personism. According to these related ideas, human beings achieve their moral status in virtue of the degree to which they are capable of laying value upon their lives or exhibiting certain qualities, like not being in pain or being desirable to third party family members. This article challenges these notions suggesting that both ideas depend on arbitrary and discriminatory notions of human moral status. Our (...)
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  5. Jacqueline A. Laing (2013). Managerialising Death. Law Society Gazette.
    The Liverpool Care Pathway is intended as a palliative care regime at the end of life. Even its critics agree that certain of its recommendations may be useful and appropriate. Additionally, critics are aware that there are occasions when death may be a foreseen side effect of perfectly licit palliation whose primary ends are not homicidal at all. It is evident that treatment may be over-expensive, over-burdensome or simply futile. There is no suggestion that critics of the Pathway adhere irrationally (...)
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  6. Jacqueline A. Laing (2012). Authority. In Kurian G. (ed.), Encyclopaedia of Christian Civilisation. Blackwell.
    A consideration of the concept of authority. The term authority derives from the Latin 'auctoritas'. Although often regarded as synonymous with 'potestas' or power, authority is more properly considered power legitimately exercised. Whereas Stalin had the power to kill millions of innocents he did not have the authority to do so. Accordingly, it is often said that the supreme authority is God himself who is both omnipotent and all good. On this view God is the source of the eternal law (...)
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  7. Jacqueline A. Laing (2012). Apostasy. In George Kurian (ed.), Encyclopaedia of Christian Civilisation. Blackwell.
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  8. Jacqueline A. Laing (2012). Annunciation. In George Kurian (ed.), Encyclopaedia of Christian Civilisation. Blackwell.
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  9. Jacqueline A. Laing (2012). Communion. In George Kurian (ed.), Encyclopaedia of Christian Civilisation. Blackwell.
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  10. Jacqueline A. Laing (2012). Incentivising Death. Solicitors Journal 157 (2):9.
    The recent revelation that the rolling out of the Liverpool Care Pathway as the NHS National End of Life Care strategy in 2008 had been financially incentivised and implemented with astonishing compliance emerged as a thought-provoking development. Many of us have been warning for years of the financial, political and research interests that there are in institutionalising sedation-and-dehydration regimes, and then, inevitably, medical homicide. Freedom of Information Act requests exposed the millions of pounds that have been paid for the implementation (...)
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  11. Jacqueline A. Laing (2012). Institutionalising Murder. Halsbury's Law Exchange.
    At least ten useful little reasons why we should reject efforts to introduce voluntary euthanasia. An alternative version of the case in the New Law Journal against voluntary euthanasia, but this version contains some user-friendly links.
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  12. Jacqueline A. Laing (2012). Justinian. In George Kurian (ed.), Encyclopaedia of Christian Civilisation. Blackwell.
    An account of the contribution of Justinian, a Byzantine emperor, born in 483 at Tauresium in Illyricum (now Skopje, Macedonia). He is best remembered for his codification of laws, military acumen, ecclesiastical contribution, and encouragement of Christian architecture. In the Orthodox Church he is regarded a saint, whose feast day falls on November 14th.
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  13. Jacqueline A. Laing (2012). Law. In George Kurian (ed.), Encyclopaedia of Christian Civilisation. Blackwell.
    An analysis of the concept of law, its source and connection with human positive law. The article begins by noting that “law” relates not only to prescriptions governing the behavior of human individuals. The term has a far wider sense. It can also refer to a standard or rule that binds things or events. This sense of the term covers the laws of the physical as well as the moral sciences. There is a distinction to be drawn between scientific laws (...)
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  14. Jacqueline A. Laing (2012). Monogamy. In George Kurian (ed.), Encyclopaedia of Christian Civilisation. Blackwell.
    The word monogamy derives from the Greek words μóνoδ meaning one and γάμoδ meaning marriage. When Christianity was founded, polygamy (the marriage of a man to many women) was, at that point in Judaic history, regarded as acceptable practice. The Gospel according to Matthew reports that Christ restored marriage to its original unity and indissolubility (Matt. 19:6). Monogamy is still deeply entrenched in the Christian tradition. It has long been held that polygamy and polyandry undermine the dignity due to man (...)
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  15. Jacqueline A. Laing (2012). Monotheism. In George Kurian (ed.), Encyclopaedia of Christian Civilisation. Blackwell.
    A consideration of monotheism. The term ordinarily suggests belief in one God and derives from the Greek monos meaning “one” and theos meaning “god.” In the Abrahamic religions, Judaism, Christianity, and Islam, the one god is regarded as supreme lord and creator of the universe, almighty, all-knowing, and all-good. Traditionally, Christianity has taught that God revealed himself to our first parents, Adam and Eve, as the one true God in Genesis. The Old Testament reveals a jealous God who forbids the (...)
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  16. Jacqueline A. Laing (2012). Moral Theology. In George Kurian (ed.), Encyclopaedia of Christian Civilisation. Blackwell.
    An analysis of moral theology, the study of how man must live in order to achieve his highest end, which, according to many theistic outlooks, is union with his maker. A species of theology, it involves the study of things divine, and is distinct from dogmatic theology by virtue of its focus. Whereas dogmatic theology concentrates upon doctrines and articles of faith, moral theology relates, more specifically to the actions of human beings and their relations to God. Moral theology naturally (...)
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  17. Jacqueline A. Laing (2012). Not in My Name. New Law Journal 162:81.
    A useful case against voluntary euthanasia. This short article summarises at least ten reasons why voluntary euthanasia should not be legalised.On the subject of voluntary euthanasia she argues that institutionalizing medically assisted death - erodes respect for human life, underestimates human capacity for error and vice and is intrinsically discriminatory. She argues that it plays into the hands of illicit interests and trades on an improper understanding of human autonomy. She warns against dismissing “the army of corporate, financial, medical and (...)
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  18. Jacqueline A. Laing (2012). Penance. In George Kurian (ed.), Encyclopaedia of Christian Civilisation. Blackwell.
    A consideration of the concept of repentance both theologically and in law. Penance generally refers to repentance or contrition for sin. It refers, more particularly in the Orthodox and Roman Catholic traditions, to a sacrament, or an outward sign of an inward grace. In these traditions, the authority for regarding penance a sacrament is scriptural: “As the Father hath sent me, I also send you. When He had said this, He breathed on them; and He said to them: Receive ye (...)
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  19. Jacqueline A. Laing (2012). Schism. In George Kurian (ed.), Encyclopaedia of Christian Civilisation. Blackwell.
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  20. Jacqueline A. Laing (2012). The Background and Consequences of the Reproductive Revolution. Catholic Medical Quarterly 62:24-37.
    By the mid-1960s the sexual revolution was in full swing. The persuasive rhythms of the Beatles and the Rolling Stones urged new personal freedoms, Carl Djerassi’s Pill was introduced to widespread acclaim, and feminists were setting their underwear ablaze. Most Christian denominations had long ago overturned their previous teaching on contraception. John Calvin, had at one time, called the act "condemned" and "doubly monstrous", while John Wesley had said contraception was "very displeasing to God", and the "evidence of vile affections." (...)
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  21. Jacqueline A. Laing (2010). On the Wrong Track. Solicitors Journal 154:2.
    The House of Lords in Purdy forced the Director of Public Prosecutions to issue offence-specific guidance on assisted suicide, but Jacqueline Laing argues that the resulting interim policy adopted by the Director of Public Prosecutions is unconstitutional, discriminatory and illegal.
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  22. Jacqueline A. Laing, Rights. A Companion to Philosophy in Australia and New Zealand.
    The modern language of rights provides a contemporary idiom for certain ancient and perennial questions about the nature of morality. These include debates about the objectivity and universality of ethics and the nature of human obligation, freedom and action. Jeremy Bentham famously denounced natural rights, arguing that if morality was founded upon pain and pleasure, then there could be no such thing as natural rights: ‘Natural rights is simple nonsense: natural and imprescriptible rights, rhetorical nonsense—nonsense upon stilts’ (Bentham 1970: 30–1). (...)
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  23. Jacqueline A. Laing (2009). Los Derechos Human y la Nueva Eugenesia. SCIO 4:65-81.
    On the sixtieth anniversary of the Universal Declaration of Human Rights, Laing contends that the practice of eugenics has not disappeared. Conceptually related to the utilitarian and Social Darwinist worldview and historically evolving out of the practice of slavery, it led to some of the most spectacular human rights abuses in human history. The compulsory sterilization of and experimentation on those deemed “undesirable” and “unfit” in many technologically developed states like the US, Scandinavia, and Japan, led inexorably and most systematically (...)
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  24. Jacqueline A. Laing (2009). The Philosophy of War and Peace - by Jenny Teichman. Journal of Applied Philosophy 26 (1):114-116.
    Wars have been entered into as a means of gaining property, taking slaves and dominating and controlling peoples. The pacifist claims that no form of war can ever be justified. By contrast, just war theory holds that it is possible for a war to be morally justified, an idea that underlies much international law, as can be seen in the Geneva Conventions. Teichman introduces us to such thinkers as Aristotle, Cicero, Augustine, Aquinas, Hugo Grotius, John Rawls and Elizabeth Anscombe on (...)
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  25. Jacqueline A. Laing (2008). Food and Fluids: Human Law, Human Rights and Human Interests. In C. Tollefsen (ed.), Artificial Nutrition and Hydration. Springer Press. 77--100.
    The experience of the twentieth century bears witness to the abuse, mutilation and homicide of the vulnerable made possible by the power of the state, mass markets, and medical and financial interests. Suggestions for reform of the law regarding food and fluids typically take place in the context of utilitarian personistic “quality-of-life” presuppositions, and interests in shifting legal responsibility for life-and-death decisions, medical research, drug trials, organ harvesting as well as more mundane bureaucratic concerns like bed-clearing. With the Western world (...)
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  26. Jacqueline A. Laing (2008). Inter-Species Embryos and Human Clones: Issues of Free Movement and Gestation. European Journal of Health Law 15: 421-431.
    The United Kingdom's Human Fertilisation and Embryology Bill, introduced into Parliament on the 8th of November 2007 contains a number of controversial proposals inter alia expressly permitting the creation of inter-species embryos for research and destruction and increasing the scope for human cloning also for destructive research. It is supposed that there ought not to be a blanket ban on the creation of human clones, hybrids, cybrids and chimeras because these embryos are valuable for research purposes. The prohibition on the (...)
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  27. Jacqueline A. Laing (2008). Information Technology and Biometric Databases: Eugenics and Other Threats to Disability Rights. Journal of Legal Technology Risk Management 3.
    Laing contends that the practice of eugenics has not disappeared. Conceptually related to the utilitarian and Social Darwinist worldview and historically evolving out of the practice of slavery, it led to some of the most spectacular human rights abuses in human history. The compulsory sterilization of and experimentation on those deemed “undesirable” and “unfit” in many technologically developed states like the US, Scandinavia, and Japan, led inexorably and most systematically to Nazi Germany with the elimination of countless millions of people (...)
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  28. Jacqueline A. Laing (2006). A Certain Kind of Moral Scepticism and the Foundations of Human Rights. Law and Justice 157:39-53.
    Despite the prevalence of human rights talk in Western jurisprudence, there has never been less belief in or acceptance of, any genuine form of objective morality. Academics reject the reality of moral objectivity and proclaim, as an objective truth, that morality is a mere “socio-historical construct”, illusory because always outweighed by worse consequences, expressions of subjective preference or mere evidence of culturally relative predilections. If morality is not that, then it is thought to be evidence of the power of the (...)
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  29. Jacqueline A. Laing (2006). Artificial Reproduction, Blood Relatedness, and Human Identity. The Monist 89 (4):548-566.
    The article discusses questions on the significance of blood relatedness in the context of identity arguments about artificial reproduction (AR). Kinship, origins, and biological connections are significant to human beings. The author explains that family relationships bear on the identity of human beings. Moreover, she emphasizes that once these principles are neglected, it is possible to create people in ways that threaten significant human bonds and alienate people who are naturally related spelling loss, confusion and grief for them.
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  30. Jacqueline A. Laing (2006). The Prohibition on Eugenics and Reproductive Liberty. University of New South Wales Law Journal 29:261-266.
    John Harris criticises the European Parliament’s ‘waft in the direction of human rights and human dignity’ and rejects its suggestion that ‘human cloning violates the principle of equality since “it permits a eugenic and racist selection of the human race”’. He argues that, by parity of reasoning, so too do ‘pre-natal and pre-implantation screening, not to mention egg donation, sperm donation, surrogacy, abortion and human preference in choice of partner’. Conflating the techniques mentioned (ie, human cloning, egg donation, etc) with (...)
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  31. Jacqueline A. Laing (2005). Artificial Reproduction, the 'Welfare Principle', and the Common Good. Medical Law Review 13:328-356.
    This article challenges the view most recently expounded by Emily Jackson that ‘decisional privacy’ ought to be respected in the realm of artificial reproduction (AR). On this view, it is considered an unjust infringement of individual liberty for the state to interfere with individual or group freedom artificially to produce a child. It is our contention that a proper evaluation of AR and of the relevance of welfare will be sensitive not only to the rights of ‘commissioning parties’ to AR (...)
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  32. Jacqueline A. Laing (2005). J. M. Finnis. In T. Mautner (ed.), Dictionary of Philosophy. Penguin.
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  33. Jacqueline A. Laing (2005). The Mental Capacity Bill 2004: Human Rights Concerns. Family Law Journal 35:137-143.
    The Mental Capacity Bill endangers the vulnerable by inviting human rights abuse. It is perhaps these grave deficiencies that prompted the warnings of the 23rd Report of the Joint Committee on Human Rights highlighting the failure of the legislation to supply adequate safeguards against Articles 2, 3 and 8 incompatibilities. Further, the fact that it is the mentally incapacitated as a class that are thought ripe for these and other kinds of intervention, highlights the Article 14 discrimination inherent in this (...)
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  34. Jacqueline A. Laing (2005). The Right to Live: Reply to the Chief Executive of the Law Society. Law Society Gazette 102:11.
    The chief executive of the Law Society proposes that the Mental Capacity Bill is a progressive initiative enhancing personal autonomy. Laing replies to this by showing that the Bill, for from enhancinging personal autonomy explodes it by inviting homicide by unaccountable third parties, allowing non-therapeutic research and organ-removal without consent and creating a secret and unaccountable court with a lethal power over the vulnerable incapacitated.
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  35. Jacqueline A. Laing (2004). Disabled Need Our Protection. Law Society Gazette 101:12.
    The Mental Incapacity Bill not only paves the way for euthanasia, but invites wholesale abuse and homicide, writes Jacqueline Laing. On 19 October 2004, when the Mental Capacity Bill was at its crucial committee stage, the Law Society issued a statement of ‘strong support’, claiming that it empowers patients and in no way introduces euthanasia. Laing argues that the Bill threatens the incapacitated by granting a raft of new third parties power to require that health professionals withhold ‘treatment’, which, after (...)
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  36. Jacqueline A. Laing (2004). Law, Liberalism and the Common Good. In D. S. Oderberg & Chappell T. D. J. (eds.), Human Values: New Essays on Ethics and Natural Law. Palgrave Macmillan.
    There is a tendency in contemporary jurisprudence to regard political authority and, more particularly, legal intervention in human affairs as having no justification unless it can be defended by what Laing calls the principle of modern liberal autonomy (MLA). According to this principle, if consenting adults want to do something, unless it does specific harm to others here and now, the law has no business intervening. Harm to the self and general harm to society can constitute no justification for legal (...)
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  37. Jacqueline A. Laing (2004). Mental Capacity Bill - A Threat to the Vulnerable. New Law Journal 154:1165.
    Helga Kuhse suggested in 1985 at a session of the World Federation of Right to Die Societies in Nice, that once dehydration to death became legal and routine in hospitals, people would, on seeing the horror of it, seek the lethal injection. The strategy of legalising passive euthanasia is itself flawed. Laing argues that the Mental Capacity Bill threatens the vulnerable by inviting breaches of arts 2,3,5,8, and 14 of the European Convention on Human Rights. Most at risk are the (...)
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  38. Jacqueline A. Laing (2003). Life and Death in Healthcare Ethics: A Short Introduction: H Watt. Routledge, 2000, Pound7.99, Vii + 97pp. ISBN 0-415-21574-. [REVIEW] Journal of Medical Ethics 29 (2):122-122.
    There is currently a dearth of bioethical literature presenting what might be called a more traditional approach to medicine and health care. Life and Death in Healthcare Ethics promises a reasoned and clear alternative. It considers ethical concerns raised by reproduction and death and dying. The issues considered include euthanasia and withdrawal of treatment, the persistent vegetative state, abortion, cloning and in vitro fertilization. Given its clarity and simplicity the book is likely to be read eagerly by students from a (...)
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  39. Jacqueline A. Laing (2002). Life and Death in Healthcare Ethics. Journal of Medical Ethics 28 (5):331.
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  40. Jacqueline A. Laing (2002). Vegetative State – The Untold Story. New Law Journal 152:1272.
    Airedale NHS Trust v Bland establishes three principles among which is the controversial idea that people in a PVS, though not dying, have no best interests and no meaningful life. Accordingly, it is argued, they may have their food and fluids, whether delivered by tube or manually, removed, with the result that they die. Laing challenges this view arguing that not only is this bad medical science, it is unjustly discriminatory and at odds with our duties to the severely disabled. (...)
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  41. Jacqueline A. Laing (2000). New Reproductive Technologies Are Morally Problematic. In James Torr (ed.), Medical Ethics. Greenhaven Press.
    A short article examining the problems of the fertility industry, commodifying human life and allowing unaccountable third parties to create children in ways that undermine their identity by way of donor conception, human cloning and artificial reproductive techniques.
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  42. Jacqueline A. Laing (ed.) (1997). Human Lives Critical Essays on Consequentialist Bioethics. Macmillan.
    This book aims to redress the imbalance in moral philosophy created by the dominance of consequentialism and utilitarianism, the view that criterion of morality is the maximisation of good effects over bad without regard to intrinsic rightness or wrongness. This approach has become the orthodoxy over the last few decades particularly in bioethics, where moral theory is applied to bioethics. Human Lives critically examines the assumptions and arguments of consequentialism reviviing in the process such concepts as rights, justice, innocence, natural (...)
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  43. Jacqueline A. Laing (1997). Innocence and Consequentialism. In David S. Oderberg & Jacqueline A. Laing (eds.), Human Lives: Critical Essays on Consequentialist Bioethics. Macmillan. 196--224.
    A critic of utilitarianism, in a paper entitled “Innocence and Consequentialism” Laing argues that Singer cannot without contradicting himself reject baby farming (a thought experiment that involves mass-producing deliberately brain damaged children for live birth for the greater good of organ harvesting) and at the same time hold on to his “personism” a term coined by Jenny Teichman to describe his fluctuating (and Laing says, discriminatory) theory of human moral value. His explanation that baby farming undermines attitudes of care and (...)
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  44. Jacqueline A. Laing (1997). Intention and Culpability. Dissertation, Oxford
    A thesis that aims to demonstrate that intention is an ineradicable feature of the criminal law, both structuring the special part while remaining essential to the general. We cannot without interfering with the natural logic of the criminal law eliminate the concept of intention.
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  45. Jacqueline A. Laing (1997). Introduction to Human Lives. In David S. Oderberg & Jacqueline A. Laing (eds.), Human Lives: Critical Essays on Consequentialist Bioethics. Macmillan.
    Introduction to the book Human Lives: Critical Essays on Conseequentialist Bioethics. This book aims to redress the imbalance in moral philosophy created by the dominance of consequentialism and utilitarianism, the view that criterion of morality is the maximisation of good effects over bad without regard to intrinsic rightness or wrongness. this approach has become the orthodoxy over the last few decades partticularly in bioethics, where moral theory is applied to bioethics. Human Lives critically examines the assumptions and arguemnts of consequentialism (...)
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  46. David S. Oderberg & Jacqueline A. Laing (eds.) (1997). Human Lives: Critical Essays on Consequentialist Bioethics. St. Martin's Press.
    This is a series of essays critical of the utilitarian bioethics now dominating contemporary discussion. Analysing questions of moral theory as well as applied ethics this book aims to supply essays on matters as diverse as beginning and end-of-life issues as well as animal rights, the act-omission distinction and the principle of double effect in caring in medical ethics.
     
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  47. Jacqueline A. Laing (1994). The Prospects of a Theory of Criminal Culpability: Mens Rea and Methodological Doubt. Oxford Journal of Legal Studies 14 (1):57-80.
    This article discusses the role of the mental in the analysis of criminal liablity. The relation between the general conditions for mens rea and those of criminal liability are considered. Claims made by John Gardner and Heike Jung are considered. Their suggestion that there is a hard and fast distinction between the principles of moral and criminal culapability are considered and shown to have some absurd conclusions.
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  48. Jacqueline A. Laing (1990). Assisting Suicide. Journal of Criminal Law 54:106-116.
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