François Hollande was elected as France’s second Socialist president in May 2012. By his mid-term in office, his presidency had broken all records in terms of unpopularity, and there was a widely diffused public perception of the individual being a poor fit for the accepted institutional role. The chapter interprets Hollande’s descent in terms of the ambiguities surrounding his election as a ‘normal’ president in 2012; the result of a particular style and discourse; the unintended consequences of the political responses to the terrorist attacks of 2015; the longer-term impact of economic crisis; and the failure to bring down unemployment. All of these factors recalled the weak political, partisan and sociological bases of Hollande’s support from the outset. The chapter considers in detail the events of 2016, which culminated in the decision not to stand as a candidate in the 2017 presidential election.
This chapter considers the legal and moral status of the human embryo and foetus. It is an area that continues to attract controversy. Consensus is impossible to attain. We consider the terms of the Abortion Act 1967 and proposals for reform and examine the status of the embryo in embryo research. We also analyse the response of the European Court of Human Rights in Vo v France and A, B and C v Ireland and its impact on domestic law.
The chapter opens on the Second World War and the impact it had on the actors and the orientations of international humanitarianism. It then focuses on the long-term post-war programmes and it shows how the United Nations Relief and Rehabilitation Administration (UNRRA), as well as later UN agencies, aimed to bring about a sea change in the way aid was conceived and administered. In fact, aid for the populations who had been the object of Nazi-Fascist aggression was an integral part of the post-war reconstruction plan and became the symbol of a new beginning in the history of humanitarianism. Feeding and clothing civilians – children in particular – the provision of basic medical care, stopping the spread of epidemics: these remained the main activities of the international programmes, whose intentions, though, were reformulated in the light of humanitarianism’s new aspirations. For example, the conviction – already widely held in the philanthropic tradition – was emphasised that aid and care should go beyond immediate relief and bring a genuine ‘rehabilitation’, physical and moral, to the recipients. The post-Second World War era was a great laboratory for humanitarianism. Within it, old and new convictions, practices and skills interwove themselves and were reformulated, standardised and ratified.
In the landmark 2015 Supreme Court decision of Montgomery v Lanarkshire Health Board, the much criticised decision of the House of Lords in Sidaway v Royal Bethlem Hospital was consigned to history. No longer are adults with mental capacity only entitled to be told what doctors think it is appropriate to tell them. This chapter considers the torts of battery and negligence, exploring the right to consent and the right to say ‘no’ to treatment. What is meant by consent? How much must a doctor tell a patient? Can a doctor withhold information from a patient in her best interests (the so-called ‘therapeutic privilege’)?
The Human Fertilisation and Embryology Act 1990 (as amended) and the Human Fertilisation and Embryology Authority regulate reproductive technologies. Neither has escaped criticism. Tough questions surround issues of access to treatment. The law has struggled with the meaning of ‘father’ and ‘mother’. The first ‘test tube’ IVF baby was born in 1978. Since then, reproductive technologies have advanced considerably. Many generate moral controversy. Pre-implantation genetic diagnosis (PGD) involves screening embryos to avoid implanting embryos with a defective gene. The technology has led to the creation of ‘saviour siblings’ where parents whose child is afflicted by a potentially fatal genetic disorder can seek to have another baby whose stem cells, taken from her umbilical cord, could ‘cure’ her brother or sister. Surrogacy remains a difficult issue, particularly around the question of payment.
Beginning film studies offers a critical introduction to this academic discipline for undergraduate (and other) readers coming to it for the first time. Written accessibly, it ranges across key topics, theories and approaches in film studies. For this new volume, the author has thoroughly updated the first edition, writing fresh case studies, tracking and evaluating recent developments in the study of film, and providing up-to-the-minute suggestions for further reading. The book begins by considering film’s formal features (mise-en-scène, editing and sound) before moving outwards to discuss narrative, genre, authorship, the star, and film’s ideological engagement (its staging of class, gender, sexuality, race and ethnicity). Later chapters on film industries and on film consumption – where and how we watch movies (not least in the digital age) – reflect and assess the discipline’s recent geographical ‘turn’. The book takes a global perspective, illustrating its arguments by reference to film cultures ranging from Hollywood to Bollywood, and from the French ‘New Wave’ to contemporary Hong Kong. Each chapter concludes with a case study, exploring such topics as sound in The Great Gatsby, narrative in Inception and ideology in Blue Is the Warmest Colour. The superhero movie is studied as a genre, and Jennifer Lawrence as a star. Beginning film studies is also interactive, with readers enabled throughout to reflect critically upon the field.
The chapter narrates the internal politics of the French right in 2016 to 2017, from the promise of virtually assured victory following François Fillon’s nomination as presidential candidate in November 2016 to the depth of despondency less than six months later, as Fillon failed to win through to the second round. Most of the analysis centres on the figure of Nicolas Sarkozy, one of the most influential politicians of his time. As the campaign gathered pace, Sarkozy appeared as a ‘has been’, as did Alain Juppé, the former premier whose welfare reforms had brought the country to a standstill in 1995. The fate of Sarkozy, Juppé and Fillon gave an early indication of the wide-scale rejection in 2017 of the old – both parties and politicians – who had outstayed their welcome. To add insult to injury, the Fillon scandal (which involved the candidate employing family members as political advisors) ran against the grain of the public’s demand for more transparency and honesty in its politicians.
Capacity, Consent and Compulsion examines the Mental Capacity Act 2005 ten years on. This visionary piece of legislation has led to a substantial body of case law. Its rejection of a pure substituted judgement test in favour of a modified best interests test and its adoption of a two part test for (in)capacity have excited much academic debate. In 2007 the Act was amended to introduce new Deprivation of Liberty Safeguards (DoLS). The DoLS have been widely criticised. We consider measures to support those lacking capacity such as advance directives, lasting powers of attorney and court-appointed deputies. Central to the Act is the Court of Protection which adjudicates on disputes in both health care and welfare matters.
This chapter focuses on the years between the two World Wars, when international humanitarian action was forced to measure itself against the First World War’s dramatic consequences; it became the prerogative of specific institutions and defined certain basic areas of competence. The League of Nations had a crucial role in promoting humanitarianism as a matter of cooperation between different countries. Assistance to refugees, public health and child protection were among the sectors in which this cooperation showed itself to be most profitable. On the initiative of individual governments, humanitarianism came to be included within the sphere of international relations. The most relevant example is certainly that of the American Relief Administration, which contributed to determining the United States’ pre-eminence on the scene of humanitarianism after the First World War. In their turn, the aid programmes were an important part of American international policy. The chapter outlines also the important role of private agencies, such as Near East Relief (a US association) and the Save the Children Fund (a British body).
The law of negligence provides compensation to individuals injured as a result of another person’s negligence. Gross negligence resulting in death may be punished by the criminal courts. Both issues are covered in detail in this chapter. We consider the three factors that must be demonstrated for a patient to establish negligence: duty, breach and causation. We chart relevant case law including the famous decisions of Bolam and Bolitho. Wilful neglect of a mentally ill or mentally incapacitated patient has long been a crime. Sections 20-25 of the Criminal Justice and Courts Act 2015 extends the offence of ill treatment or wilful neglect to cover such conduct by all paid care workers, which includes doctors and nurses. We discuss a number of pending prosecutions under the Corporate Manslaughter and Homicide Act 2007.