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Bioethics, Medicine and the Criminal Law 3 Volume Set
This three-volume set critically explores the criminal process's impact on medicine and the ethical legitimacy of its regulation of bioethics.
Child Pornography and Sexual Grooming
How do society and law construct the harms of child pornography and grooming? What has been the impetus behind the expanding criminalisation of behaviour in these areas? Suzanne Ost addresses these and other important questions, exploring the critical tensions within legal and social discourses.
Bioethics, Medicine and the Criminal Law
This volume analyses how effectively criminal law operates as a forum for resolving ethical conflict in the delivery of health care.
Bioethics, Medicine and the Criminal Law
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.
Exploitation, Ethics and Law
Focusing on a matter of continuing contemporary significance, this book is the first work to offer an in-depth exploration of exploitation in the doctor-patient relationship. It provides a theoretical analysis of the concept of exploitation, setting out exploitation’s essential elements within the authors’ account of wrongful exploitation. It then presents a contextual analysis of exploitation in the doctor-patient relationship, considering the dynamics of this fiduciary relationship, the significance of vulnerability, and the reasons why exploitation in this relationship is particularly wrongful. Two case studies – sexual exploitation and assisted dying – are employed to assess what...
The Criminal Justice System and Health Care
This book examines questions of medical accountability and ethics. It analyses how the criminal justice system regulates health care practice, and to what extent it can and should be used as a tool to resolve ethical conflict in health care. For most of the twentieth century, criminal courts were engaged in matters relating to medicine principally as a forum to resolve ethical controversies over the sanctity of life. However, the judiciary approached this function with reluctance and a marked tendency to defer to the medical profession to define what constituted ethical, and thus lawful conduct. However, over the past 25 years, criminal courts have increasingly been drawn into these types of...
Bioethics, Medicine and the Criminal Law
This work maps the criminal process's impact on several key issues in medicine and its arbitration of bioethics.
Bioethics, Medicine and the Criminal Law
Griffiths and Sanders present a fresh and wide-ranging analysis of the impact of the criminal process on medical practice.
Child Pornography and Sexual Grooming
Child pornography and sexual grooming provide case study exemplars of problems that society and law have sought to tackle to avoid both actual and potential harm to children. Yet despite the considerable legal, political and societal concern that these critical phenomena attract, they have not, thus far, been subjected to detailed socio-legal and theoretical scrutiny. How do society and law construct the harms of child pornography and grooming? What impact do constructions of the child have upon legal and societal responses to these phenomena? What has been the impetus behind the expanding criminalisation of behaviour in these areas? Suzanne Ost addresses these and other important questions, exploring the critical tensions within legal and social discourses which must be tackled to discourage moral panic reactions towards child pornography and grooming, and advocating a new, more rational approach towards combating these forms of exploitation.
Criminality at Work
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...
