Intention and Causation in Medical Non-Killing

Intention and Causation in Medical Non-Killing PDF Author: Glenys O. Williams
Publisher: Routledge
ISBN: 9781844721740
Category :
Languages : en
Pages : 280

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Book Description
This book analyses the criminal concepts of intention and causation in the medical context of euthanasia and assisted suicide. The mens rea and actus reus elements in both are problematic, particularly in the medical scenario where motive and context are important. Presently, we implicitly condone the Middle Ground while we move along as slope governed by what has been called the law of bioethical entropy. In looking at a wide range of disciplines, including criminal law, medical law, medical ethics, philosophy and social policy, this book aims to raise awareness as to the inadequate and inappropriate legal framework within which judges operate, and to suggest a solution based on grading different categories of killing into a formalised justificatory defence. This would enable a more open and honest approach which would, in turn, provide the certainty, consistency and equality required by the law.

Intention and Causation in Medical Non-killing

Intention and Causation in Medical Non-killing PDF Author: Glenys Williams
Publisher:
ISBN: 9780415423021
Category : Assisted suicide
Languages : en
Pages : 221

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Book Description


Intention and Causation in Medical Non-Killing

Intention and Causation in Medical Non-Killing PDF Author: Glenys O. Williams
Publisher: Routledge
ISBN: 9781844721740
Category :
Languages : en
Pages : 280

Get Book Here

Book Description
This book analyses the criminal concepts of intention and causation in the medical context of euthanasia and assisted suicide. The mens rea and actus reus elements in both are problematic, particularly in the medical scenario where motive and context are important. Presently, we implicitly condone the Middle Ground while we move along as slope governed by what has been called the law of bioethical entropy. In looking at a wide range of disciplines, including criminal law, medical law, medical ethics, philosophy and social policy, this book aims to raise awareness as to the inadequate and inappropriate legal framework within which judges operate, and to suggest a solution based on grading different categories of killing into a formalised justificatory defence. This would enable a more open and honest approach which would, in turn, provide the certainty, consistency and equality required by the law.

The Concepts of Intention and Causation in Medical Non-killing

The Concepts of Intention and Causation in Medical Non-killing PDF Author: Glenys N. Williams
Publisher:
ISBN:
Category :
Languages : en
Pages : 596

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Book Description


Intention and Causation in Medical Non-Killing

Intention and Causation in Medical Non-Killing PDF Author: Glenys Williams
Publisher: Routledge
ISBN: 1135428344
Category : Law
Languages : en
Pages : 794

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Book Description
Analyzing the concepts of intention and causation in euthanasia, this timely new book explores a broad selection of disciplines, including criminal and medical law, medical ethics, philosophy and social policy and suggests an alternative solution to the one currently used by the courts, based on grading different categories of killing into a formalized justificatory defence. This text explores how culpability, blameworthiness and liability are ascribed and how ascertaining mens rea and actus reus are problematic in an end-of-life decision-making scenario. Williams criticizes the way the courts rely so exclusively on the criminal concepts of intention and causation in such medical scenarios and examines and raises awareness of the inadequate and inappropriate legal framework within in which judges have to operate. Topical and compelling, this significant contribution argues for a more open and honest approach which would, in turn, provide the certainty, consistency and equality required by the law. This is a quintessential read for all students studying medical and healthcare law and the legal aspects of health and medicine.

Principles of Medical Law

Principles of Medical Law PDF Author: Ian Kennedy
Publisher: Oxford University Press, USA
ISBN: 0199544409
Category : Language Arts & Disciplines
Languages : en
Pages : 1317

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Book Description
Replete with references to primary sources and the secondary literature, this major undertaking provides a comprehensive exposition of English medical law, from the organization of health care to the legal meaning of death.

Criminal Law Reform Now

Criminal Law Reform Now PDF Author: J J Child
Publisher: Bloomsbury Publishing
ISBN: 1509916792
Category : Law
Languages : en
Pages : 349

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Book Description
If you could change one part of the criminal law, what would it be? The editors put this question to nine leading academics and practitioners. The first nine chapters of the collection present their responses in the form of legal reform proposals, with topics ranging across criminal law, criminal justice and evidence – including confiscation, control orders, criminal attempts, homicide, assisted dying, the special status of children, time restrictions on prosecution, the right to silence, and special measures in court. Each chapter is followed by a comment from a different author, providing an additional expert view on each reform proposal. Finally, the last two chapters broaden the debate to discuss criminal law reform in general, examining various reform bodies and mechanisms across England, Wales and Scotland. Criminal Law Reform Now highlights and explores the current reform debates that matter most to legal experts, with each chapter making a case for positive change.

The Oxford Handbook of Criminal Law

The Oxford Handbook of Criminal Law PDF Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654604
Category : Law
Languages : en
Pages : 1294

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Book Description
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Assisted Suicide and the European Convention on Human Rights

Assisted Suicide and the European Convention on Human Rights PDF Author: Stevie Martin
Publisher: Routledge
ISBN: 1000374807
Category : Law
Languages : en
Pages : 228

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Book Description
Locating assisted suicide within the broader medical end-of-life context and drawing on the empirical data available from the increasing number of permissive jurisdictions, this book provides a novel examination of the human rights implications of the prohibition on assisted suicide in England and Wales and beyond. Assisted suicide is a contentious topic and one which has been the subject of judicial and academic debate internationally. The central objective of the book is to approach the question of the ban’s compatibility with the European Convention on Human Rights afresh; freed from the constraints of the existing case law and its erroneous approach to the legal issues and selective reliance on empirical data. The book also examines the compatibility of the ban on assisted suicide with rights which have either been erroneously disregarded or not considered by either the domestic courts or the European Court of Human Rights. Having regard to human rights jurisprudence more broadly, including in the context of abortion, the research and analysis undertaken here demonstrates that the ban on assisted suicide violates the rights of a significant number of individuals to life, to freedom from torture or inhuman or degrading treatment and to private life. Such analysis does not depend on a strained or contrived approach to the rights at issue. Rather, the conclusions flow naturally from a coherent, logical application of the established principles governing those rights. While the focus of the book is the Suicide Act 1961, the conclusions reached have implications beyond England and Wales, including for the other devolved jurisdictions and international jurisdictions. Beyond courts and legislators, it will be a valuable resource for students of human rights and medical law, as well as medical and legal practitioners and academics working in human rights and end-of-life care.

Criminality at Work

Criminality at Work PDF Author: Alan Bogg
Publisher: Oxford University Press
ISBN: 0192573888
Category : Law
Languages : en
Pages : 608

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Book Description
From the Master and Servant legislation to the Factories Acts of the 19th century, the criminal law has always had a vital yet normatively complex role in the regulation of work relations. Even in its earliest forms, it operated both as a tool to repress collective organizations and enforce labour discipline, while policing the worst excesses of industrial capitalism. Recently, governments have begun to rediscover criminal law as a regulatory tool in a diverse set of areas related to labour law: 'modern slavery', penalizing irregular migrants, licensing regimes for labour market intermediaries, wage theft, supporting the enforcement of general labour standards, new forms of hybrid preventive orders, harassment at work, and industrial protest. This volume explores the political and regulatory dimensions of the new 'criminality at work' from a wide range of disciplinary perspectives, including labour law, immigration law, and health and safety regulations. The volume provides an overview of the regulatory terrain of 'criminality at work', exploring whether these different regulatory interventions represent politically legitimate uses of the criminal law. The book also examines whether these recent interventions constitute a new pattern of criminalization that operates in preventive mode and is based upon character and risk-based forms of culpability. The volume concludes by reflecting upon the general themes of 'criminality at work' comparatively, from Australian, Canadian, and US perspectives. Criminality at Work is a timely, rich and ambitious piece of scholarship that examines the many intersections between criminal law and work relations from a historical and contemporary vantage-point.

Killing and Letting Die

Killing and Letting Die PDF Author: Bonnie Steinbock
Publisher: Fordham Univ Press
ISBN: 9780823215621
Category : Family & Relationships
Languages : en
Pages : 462

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Book Description
This collection contains twenty-one thought-provoking essays on the controversies surrounding the moral and legal distinctions between euthanasia and "letting die." Since public awareness of this issue has increased this second edition includes nine entirely new essays which bring the treatment of the subject up-to-date. The urgency of this issue can be gauged in recent developments such as the legalization of physician-assisted suicide in the Netherlands, "how-to" manuals topping the bestseller charts in the United States, and the many headlines devoted to Dr. Jack Kevorkian, who has assisted dozens of patients to die. The essays address the range of questions involved in this issue pertaining especially to the fields of medical ethics, public policymaking, and social philosophy. The discussions consider the decisions facing medical and public policymakers, how those decisions will affect the elderly and terminally ill, and the medical and legal ramifications for patients in a permanently vegetative state, as well as issues of parent/infant rights. The book is divided into two sections. The first, "Euthanasia and the Termination of Life-Prolonging Treatment" includes an examination of the 1976 Karen Quinlan Supreme Court decision and selections from the 1990 Supreme Court decision in the case of Nancy Cruzan. Featured are articles by law professor George Fletcher and philosophers Michael Tooley, James Rachels, and Bonnie Steinbock, with new articles by Rachels, and Thomas Sullivan. The second section, "Philosophical Considerations," probes more deeply into the theoretical issues raised by the killing/letting die controversy, illustrating exceptionally well the dispute between two rival theories of ethics, consequentialism and deontology. It also includes a corpus of the standard thought on the debate by Jonathan Bennet, Daniel Dinello, Jeffrie Murphy, John Harris, Philipa Foot, Richard Trammell, and N. Ann Davis, and adds articles new to this edition by Bennett, Foot, Warren Quinn, Jeff McMahan, and Judith Lichtenberg.