Revisiting Landmark Cases in Medical Law

This book revisits nine landmark cases and presents new leading judgments based on an innovative legal theory called 'modified law as integrity.' The judgments are linked as a line of precedent and aim to provide a more coherent and defensible legal framework. The book is of interest to scholars and students of medical law, criminal law, bioethics, legal theory, and moral philosophy.

Format: Paperback / softback
Length: 190 pages
Publication date: 25 February 2020
Publisher: Taylor & Francis Ltd

This book revisits nine landmark cases, each with a new leading judgment attributed to an imagined judge, Athena, who operates within the constraints of the legal system of England and Wales. Her judgments accord with an innovative legal theory, referred to as 'modified law as integrity,' and are linked as a line of precedent. The result is a re-spinning of extant judicial threads into a web of legal principles with a greater claim to coherence and defensibility than those in the original cases.

The book will be of great interest to scholars and students of medical law, criminal law, bioethics, legal theory, and moral philosophy.

The cases revisited in this book raise important questions about the law and ethics of medical practice. Is it lawful for a doctor to give a patient life-shortening pain relief? Can treatment be lawfully provided to a child under 16 on the basis of her consent alone? Is it lawful to remove food and water provided by tube to a patient in a vegetative state? Is a woman's refusal of a caesarean section recommended for the benefit of the fetus legally decisive?

These questions were central to the four focal cases revisited in this book. For each, a new leading judgment is attributed to an imagined judge, Athena, who operates within the constraints of the legal system of England and Wales. Her judgments accord with an innovative legal theory, referred to as 'modified law as integrity,' and are linked as a line of precedent.

The result is a re-spinning of extant judicial threads into a web of legal principles with a greater claim to coherence and defensibility than those in the original cases.

The book will be of great interest to scholars and students of medical law, criminal law, bioethics, legal theory, and moral philosophy. It provides a fresh perspective on these important cases and offers a valuable contribution to the legal and ethical discourse surrounding medical practice.

Weight: 316g
Dimension: 155 x 233 x 14 (mm)
ISBN-13: 9780367498764