Bioethics, Medicine and the Criminal LawAmel Alghrani, Rebecca Bennett, Suzanne Ost 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. |
Contents
Introduction When criminal law encounters bioethics a case of tensions and incompatibilities or an apt forum for resolving ethical conflict? | 1 |
Death dying and the criminal law | 13 |
Euthanasia and assisted suicide should when properly performed by a doctor in an appropriate case be decriminalised | 15 |
Five flawed arguments for decriminalising euthanasia | 30 |
Euthanasia excused between prohibition and permission | 49 |
Freedom and autonomy when consent is not enough | 69 |
Body Integrity Identity Disorder a problem of perception? | 71 |
Risky sex and manly diversions contours of consent in HIV transmission and rough horseplay cases | 88 |
The criminal law and enhancement none of the laws business? | 157 |
Dignity as a socially constructed value | 175 |
Bioethics and criminal law in the dock | 189 |
Can English law accommodate moral controversy in medicine? Lessons from abortion | 191 |
The case for decriminalising abortion in Northern Ireland | 203 |
The impact of the loss of deference towards the medical profession | 220 |
Criminalising medical negligence | 236 |
All to the good? Criminality politics and public health | 251 |
Consensual sexual activity between doctors and patients a matter for the criminal law? | 102 |
Criminalising biomedical science | 119 |
Scientists in the dock regulating science | 121 |
Bioethical conflict and developing biotechnologies is protecting individual and public health from the risks of xenotransplantation a matter for the cri... | 140 |
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Abortion Act 1967 Abortion Law amputation argue argument assisted dying assisted suicide autonomy behaviour benefit BIID Bioethics bodily harm Bolam CCEs claims clinical Coggon compromise conflict consent consider context controversy courts criminal law criminalisation death debate decision defined definition difficult doctors drugs Dutch effect embryos enhancement essay Euthanasia and Law example exploitation find first grievous bodily harm Griffiths human dignity Human Rights Human Tissue Act Ibid individual infection inflicted involved issues journal judges justification Keown Konzani law’s legalisation legislation London Lord Medical Ethics Medical Law Review medical practice medical profession Medicine moral negligence Netherlands Northern Ireland NVAE offence Oxford University Press patient person political principle professional prohibition prosecution protect public health question rational reason recognise reflect regulation regulation of science regulatory relationship responsibility risk role scientific sexual activity significant social society specific sufficient treatment whilst women xeno-recipient xenotransplant Xenotransplantation