The current rise in malpractice litigation has led to concern in the research community as to the prospect of litigation against researchers. Clearly as the responsibility for the day-to-day conduct of the research falls upon the researchers they will be potentially liable should there be negligence in the conduct of the research project itself. But to what extent can the research ethics committee and its members be held liable should harm result to the research subject? How far does the prospect (...) of the threat of litigation equate with the reality of the prospect of liability? Although the NHS research governance framework suggests that primary responsibility for the conduct of the trial is with the researcher this does not mean that REC members will be immune from actions in tort where research subjects suffer harm in the conduct of a research project approved by their NHS REC. This paper focuses upon the prospect for liability in the law of tort of NHS RECs and their members. While in practice the vast majority of such claims are unlikely to be successful members of RECs may incur resultant legal costs as a consequence of involvement in proposed litigation. It is submitted that the scope of indemnity provision provided to RECs and their members should be precisely determined, otherwise there is a real prospect that the risk of malpractice litigation may deter individuals from serving on such committees. (shrink)

This completes what I think one may state and defend on physical grounds concerning the foundations of Astrology and the coming year 1602. If those learned in matters of Physics think them worthy of consideration, and communicate to me their objections to them, for the sake of eliciting the truth, I shall, if God grants me the skill, reply to them in my prognostication for the following year. I urge all who make a serious study of philosophy to engage in (...) this contest. For it concerns our worship of God and the welfare of the human race. Meanwhile, I pray from the depths of my soul, through Christ our mediator, that for all and for each the coming year may be a very happy one. (shrink)

The last half century has been characterized by a growth in the regulation of clinical research nationally and internationally. Each area of research on human subjects has been the subject of a vast academic literature and extensive public policy debate, from issues of informed consent to that of regulatory structures. Professor Bernard Dickens has provided an outstanding contribution to this debate internationally through his many innovative and incisive papers in this area. This paper provides an English lawyer’s perspective upon the (...) increasing regulation of clinical research practices and asks – does regulation equate with effective rights protection? From Nuremberg onwards, there has been concern to ensure that research practices are ethical and in accordance with legal principles. So, for example, there have been statements such as the Declaration of Helsinki, which was initially produced in 1964. In the European context in particular, notably influential statements have been the European Convention on Human Rights, which has been followed by the Council of Europe Convention on Human Rights and Biomedicine and, more recently, a Draft Additional Protocol on medical research. (shrink)

The last half century has been characterized by a growth in the regulation of clinical research nationally and internationally. Each area of research on human subjects has been the subject of a vast academic literature and extensive public policy debate, from issues of informed consent to that of regulatory structures. Professor Bernard Dickens has provided an outstanding contribution to this debate internationally through his many innovative and incisive papers in this area. This paper provides an English lawyer’s perspective upon the (...) increasing regulation of clinical research practices and asks – does regulation equate with effective rights protection? From Nuremberg onwards, there has been concern to ensure that research practices are ethical and in accordance with legal principles. So, for example, there have been statements such as the Declaration of Helsinki, which was initially produced in 1964. In the European context in particular, notably influential statements have been the European Convention on Human Rights, which has been followed by the Council of Europe Convention on Human Rights and Biomedicine and, more recently, a Draft Additional Protocol on medical research. (shrink)

While the decision of the House of Lords in Re F in [1990] clarified somewhat the law concerning the treatment of the mentally incapacitated adult, many uncertainties remained. This paper explores proposals discussed in a recent government green paper for reform of the law in an area involving many difficult ethical dilemmas.

The Mental Capacity Act 2005 placed for the first time research concerning adults lacking mental capacity upon a statutory footing. However, while the legislation which regulates the inclusion of such adults in ‘intrusive research’ safeguards researchers and research participants alike some controversy remains as to its implementation. This paper focuses upon two specific issues raised by the legislation. First, what constitutes ‘intrusive’ research and whether all issues concerning research involving adults lacking mental capacity should be referred to NHS research ethics (...) committees. Secondly, the role of one of the statutory safeguards–the ‘consultee’. These are individuals who are to be consulted regarding the inclusion of adults lacking mental capacity in research. It contrasts the ‘personal’ and ‘nominated’ consultees and considers whether there is a risk that the legislation may result in a new ‘quasi profession’ of consultees in the future. (shrink)

This paper investigates the behavior of conformal fluctuations of space-time geometry that are admissible under the quantized version of Einstein's general relativity. The approach to quantum gravity is via path integrals. It is shown that considerable simplification results when only the conformal degrees of freedom are considered under this scheme, so much so that it is possible to write down a formal kernel in the most general case where the space-time contains arbitrary distributions of particles with no other interaction except (...) gravity. The behavior of this kernel near the classical space-time singularity then shows that quantum fluctuations inevitably diverge near the singularity. It is shown further that the root cause of this divergence lies in the fact that the Green's function for the conformally invariant scalar wave equation diverges at the singularity. The limitations on the validity of classical general relativity near the space-time singularity are discussed and it is argued that the notion of singularity itself needs to be radically modified once the quantum effects are taken into account. (shrink)

There is still some confusion over the literary evidence for the methods by which children and others learnt to write in the ancient world. There are four main sources: the analogy between the methods of thegrammatistesand the function of the laws in Plato,Protagoras326c–d, three passages in Quintilian, a passage from one of Seneca's letters and a short analogy in Maximus of Tyre.