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Vol 21 No 9 Sept/Oct 2016

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Pioneering Healthcare Law: Essays in Honour of Margaret Brazier

ISBN13: 9781138861091
Published: November 2015
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £95.00

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This book explores and assesses new directions of research emerging within healthcare law, and is compiled to celebrate Professor Margaret Brazier’s outstanding contribution to the development of medical law and bioethics.

The contributions in this volume examine key aspects developed in Professor Brazier’s own agenda-setting body of work, and is organised into five parts. Part One discusses the principles and theoretical development of healthcare law. Part Two examines the dynamics of the doctor-patient relationship, in particular the role of patients.

Part Three explores law and ethics relating to human tissue. Part Four discusses the regulation of Reproduction, and Part Five examines criminal law and the healthcare process.

Contributions are provided by leading healthcare law and bioethics experts in the United Kingdom, Australia, the United States and continental Europe. As a collaborative review of key and innovative themes in the field, the book will be of great interest and use to academics and students working in healthcare law and bioethics, and those working in health policy, law and regulation at both national and international levels.

Medical Law
Preface, Brenda Hale
1. Pioneering Healthcare Law: Reflecting on the Work and Contribution of Margaret Brazier, Catherine Stanton, Sarah Devaney, Anne-Maree Farrell and Alexandra Mullock

Part I: Principles and Concepts in Healthcare Law
2. Waxing and Waning: the Shifting Sands of Autonomy on the Medico-Legal Shore, J. Kenyon Mason & Graeme Laurie
3. Compulsory Vaccination and the Collective Good: Going Beyond a Civic Duty?’, Nicola Glover-Thomas & Søren Holm
4. The Evolution of the Sanctity of Life Principle in Healthcare Law: Life v Death in the Hands of the Judiciary, Rob Heywood & Alexandra Mullock
5. The Past, Present and Future of EU Health Law, Tamara Hervey
6. Beyond Medicine, Patients and the Law: Policy and Governance in 21st Century Health Law, John Coggon & Lawrence O Gostin

Part II: Patient-Doctor Relations and Medical Decision-Making
7. ‘I Love You, I Do, I Do, I Do, I Do, I Do’: Breaches of the Sexual Boundaries by Patients in the Doctor-Patient Relationship, Suzanne Ost & Hazel Biggs
8. Critical Decisions for Critically Ill Infants: Problems, Principles, Processes, Richard Huxtable & Giles Birchley
9. The Role of Patients in End-of-Life Decision-Making, Sheila McLean
10. The Role of the Family in Healthcare Decisions: From the Cradle to the Grave, Monica Navarro Michel
11. When Things Go Wrong: Patient Harm, Responsibility and Redress, Sarah Devaney & Anne-Maree Farrell

Part III: Human Tissue: Ethics and Law
12. The Conscription of Dead Bodies: Arguments For and Against, John Harris & Simona Giordano
13. Human Biomaterials and Property: Is the Law still an Ass?, Muireann Quigley & Loane Skene
14. Should the Law Provide All the Answers?: A Closer Look at Organ Donation Using the Brazier Method, Ruth Stirton & Marleen Eijkholt
15. On the Dangers of Working alongside Prestigious People, Iain Brassington & Imogen Jones
16. Exploring the legacy of the Retained Organs Commission a decade on: Lessons Learnt and Lessons Lost, Jean McHale

Part IV: Regulating Reproduction
17. Regulating Responsible Reproduction, David Archard
18. Regulating the Reproduction Business - Part II, Amel Alghrani & Danielle Griffiths
19. Reconceiving Legal Categorisation of Embryos, Marie Fox & Sheelagh McGuinness
20. Are We Still Policing Pregnancy?, Jose Miola & Sara Fovargue
21. The Welfare of the Future Child, Rosamund Scott

Part V: The Criminal Law and the Healthcare Process
22. The Criminalisation of Disease Transmission, Andrew Ashworth & David Gurnham
23. Pregnancy and the Criminal Law, Emma Cave & Catherine Stanton
24. The Vulnerable Patient and the Criminal Law, Neil Allen & Kirsty Keywood
25. Crime, Compliance, and Medical Exceptionalism, Roger Brownsword & Jeffrey Wale