Download or read book Intention and Causation in Medical Non Killing written by Glenys O. Williams and published by Routledge. This book was released on 2006-11 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Intention and Causation in Medical Non Killing written by Glenys Williams and published by Routledge. This book was released on 2007-03-06 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Concepts of Intention and Causation in Medical Non killing written by Glenys N. Williams and published by . This book was released on 2003 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Principles of Medical Law written by Ian Kennedy and published by Oxford University Press, USA. This book was released on 2010-12-09 with total page 1317 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Criminal Law Reform Now written by J J Child and published by Bloomsbury Publishing. This book was released on 2018-11-29 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Assisted Suicide and the European Convention on Human Rights written by Stevie Martin and published by Routledge. This book was released on 2021-04-13 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Criminality at Work written by Alan Bogg and published by Oxford University Press. This book was released on 2020-03-12 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Killing and Letting Die written by Bonnie Steinbock and published by Fordham Univ Press. This book was released on 1994 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Causation in Law and Medicine written by Danuta Mendelson and published by Routledge. This book was released on 2017-03-02 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Causation is an issue that is fundamental in both law and medicine, as well as the interface between the two disciplines. It is vital for the resolution of a great many disputes in court concerning personal injuries, medical negligence, criminal law and coronial issues, as well as in the provision of both diagnoses and treatment in medicine. This book offers a vital analysis of issues such as causation in law and medicine, issues of causal responsibility, agency and harm in criminal law, causation in forensic medicine, scientific and statistical approaches to causation, proof of cause, influence and effect, and causal responsibility in tort law. Including contributions from a number of distinguished doctors, lawyers and scientists, it will be of great interest and value to academics and practitioners alike.
Download or read book Bioethics Medicine and the Criminal Law written by Amel Alghrani and published by Cambridge University Press. This book was released on 2013 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--
Download or read book Bioethics Medicine and the Criminal Law Volume 3 Medicine and Bioethics in the Theatre of the Criminal Process written by Margaret Brazier and published by Cambridge University Press. This book was released on 2013-05-02 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: To date, little analysis exists of the criminal process's roles as a regulator of medical practice and as an arbiter of bioethics, nor whether criminal law is an appropriate forum for judging ethical medical dilemmas. The conscription of criminal law into moral controversy and the (perceived) rise in criminal investigations of medical errors sets the backdrop for this innovative historical and theoretical analysis of the relationship between medicine, bioethics and the criminal process. Case studies on abortion, end of life and the separation of conjoined twins reveal how judges grapple with bioethics in criminal cases and the impact of 'theatre' on the criminal law's response to ethically controversial medical cases. A central argument is that bioethics and criminal law are not necessarily incompatible; rather, it is the theatre surrounding interactions between bioethics and criminal law that often distorts and creates tension.
Download or read book To Err Is Human written by Institute of Medicine and published by National Academies Press. This book was released on 2000-03-01 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Experts estimate that as many as 98,000 people die in any given year from medical errors that occur in hospitals. That's more than die from motor vehicle accidents, breast cancer, or AIDSâ€"three causes that receive far more public attention. Indeed, more people die annually from medication errors than from workplace injuries. Add the financial cost to the human tragedy, and medical error easily rises to the top ranks of urgent, widespread public problems. To Err Is Human breaks the silence that has surrounded medical errors and their consequenceâ€"but not by pointing fingers at caring health care professionals who make honest mistakes. After all, to err is human. Instead, this book sets forth a national agendaâ€"with state and local implicationsâ€"for reducing medical errors and improving patient safety through the design of a safer health system. This volume reveals the often startling statistics of medical error and the disparity between the incidence of error and public perception of it, given many patients' expectations that the medical profession always performs perfectly. A careful examination is made of how the surrounding forces of legislation, regulation, and market activity influence the quality of care provided by health care organizations and then looks at their handling of medical mistakes. Using a detailed case study, the book reviews the current understanding of why these mistakes happen. A key theme is that legitimate liability concerns discourage reporting of errorsâ€"which begs the question, "How can we learn from our mistakes?" Balancing regulatory versus market-based initiatives and public versus private efforts, the Institute of Medicine presents wide-ranging recommendations for improving patient safety, in the areas of leadership, improved data collection and analysis, and development of effective systems at the level of direct patient care. To Err Is Human asserts that the problem is not bad people in health careâ€"it is that good people are working in bad systems that need to be made safer. Comprehensive and straightforward, this book offers a clear prescription for raising the level of patient safety in American health care. It also explains how patients themselves can influence the quality of care that they receive once they check into the hospital. This book will be vitally important to federal, state, and local health policy makers and regulators, health professional licensing officials, hospital administrators, medical educators and students, health caregivers, health journalists, patient advocatesâ€"as well as patients themselves. First in a series of publications from the Quality of Health Care in America, a project initiated by the Institute of Medicine
Download or read book Communities in Action written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2017-04-27 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.
Download or read book Continuous Sedation at the End of Life written by Sigrid Sterckx and published by Cambridge University Press. This book was released on 2013-08 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together clinicians, ethicists and lawyers to put the practice of continuous sedation under a critical spotlight.
Download or read book American Book Publishing Record written by and published by . This book was released on 2006 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Encyclopedia of Death and Dying written by Glennys Howarth and published by Routledge. This book was released on 2003-12-16 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years there has been a massive upsurge in academic, professional and lay interest in mortality. This is reflected in academic and professional literature, in the popular media and in the proliferation of professional roles and training courses associated with aspects of death and dying. Until now the majority of reference material on death and dying has been designed for particular disciplinary audiences and has addressed only specific academic or professional concerns. There has been an urgent need for an authoritative but accessible reference work reflecting the multidisciplinary nature of the field. This Encyclopedia answers that need. The Encyclopedia of Death and Dying consolidates and contextualizes the disparate research that has been carried out to date. The phenomena of death and dying and its related concepts are explored and explained in depth, from the approaches of varied disciplines and related professions in the arts, social sciences, humanities, medicine and the sciences. In addition to scholars and students in the field-from anthropologists and sociologists to art and social historians - the Encyclopedia will be of interest to other professionals and practitioners whose work brings them into contact with dying, dead and bereaved people. It will be welcomed as the definitive death and dying reference source, and an essential tool for teaching, research and independent study.
Download or read book Criminal Law written by Josie Kemeys and published by Pearson UK. This book was released on 2019 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt:
