1st Edition

Pioneering Healthcare Law Essays in Honour of Margaret Brazier

    336 Pages
    by Routledge

    334 Pages
    by Routledge

    This book celebrates Professor Margaret Brazier’s outstanding contribution to the field of healthcare law and bioethics. It examines key aspects developed in Professor Brazier’s agenda-setting body of work, with contributions being provided by leading experts in the field from the UK, Australia, the US and continental Europe. They examine a range of current and future challenges for healthcare law and bioethics, representing state-of-the-art scholarship in the field.

    The book is organised into five parts. Part I discusses key principles and themes in healthcare law and bioethics. Part II examines the dynamics of the patient–doctor relationship, in particular the role of patients. Part III explores legal and ethical issues relating to the human body. Part IV discusses the regulation of reproduction, and Part V examines the relationship between the criminal law and the healthcare process.

    Chapter 10 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781138861091_oachapter10.pdf


    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 Value of Human Life in Healthcare Law: Life versus Death in the Hands of the Judiciary, Rob Heywood & Alexandra Mullock 5. Decisions at the End of Life: An Attempt at Rationalisation, Sheila McLean 6.The Past, Present and Future of EU Health Law, Tamara Hervey 7. Beyond Medicine, Patients and the Law: Policy and Governance in 21st Century Health Law, John Coggon & Lawrence O Gostin Part II: Patient-Doctor Relations  8. ‘(I Love You!)  I Do, I Do, I Do, I Do, I Do’: Breaches of Sexual Boundaries by Patients in their Relationships with Healthcare Professionals, Suzanne Ost & Hazel Biggs 9. When Things Go Wrong: Patient Harm, Responsibility and (Dis) Empowerment Anne-Maree Farrell and Sarah Devaney 10. Critical Decisions for Critically Ill Infants: Principles, Processes, Problems Giles Birchley and Richard Huxtable 11. The Role of the Family in Healthcare Decisions: the dead and the dying Monica Navarro-Michel Part III: Law, ethics and the human body12. Exploring the legacy of the Retained Organs Commission a decade on: Lessons Learned and the Danger of Lessons Lost Jean McHale 13. Property Interests in Human Tissue: Is the Law still an Ass? Muireann Quigley and Loane Skene 14. Law and Humanity: Exploring Organ Donation using the Brazier Method Marleen Eijkholt and Ruth Stirton 15. Sex Change Surgery for Transgender Minors: Should Doctors Speak Out? Simona Giordano, César Palacios-González and John Harris 16. The Lawyer’s Prestige Iain Brassington and Imogen Jones Part IV: Regulating Reproduction 17. The Science of Muddling Through: Categorising Embryos Marie Fox and Sheelagh McGuinness 18. Revisiting the Regulation of the Reproduction Business Danielle Griffiths and Amel Alghrani 19. Regulating Responsible Reproduction David Archard 20. Donor Conception and Information Disclosure: Welfare or Consent? Rosamund Scott 21. Are We Still "Policing Pregnancy"? Sara Fovargue and Jose Miola Part V: The Criminal Law and the Healthcare Process 22. Vulnerability and the Criminal Law: The Implications of Brazier’s Research for Safeguarding People at Risk Kirsty Keywood and Zuzanna Sawicka 23. Revisiting the Criminal Law on the Transmission of Disease David Gurnham and Andrew Ashworth 24. Maternal responsibility to the child not yet born Emma Cave and Catherine Stanton 25. Compromise Medicalisation Roger Brownsword and Jeffrey Wale


    Catherine Stanton is Lecturer in Law in the Centre for Social Ethics and Policy in the School of Law at the University of Manchester, UK.

    Sarah Devaney is Senior Lecturer in Law in the Centre for Social Ethics and Policy in the School of Law, University of Manchester, UK.

    Anne-Maree Farrell is Australian Research Council Future Fellow and Associate Professor in the Faculty of Law at Monash University, Australia.

    Alexandra Mullock is Lecturer in Law in the Centre for Social Ethics and Policy in the School of Law, University of Manchester, UK.