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Embryo research, cloning, assisted conception, neonatal care, pandemic vaccine development, saviour siblings, organ transplants, drug trials – modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up. In this highly acclaimed and very accessible book Margaret Brazier, Emma Cave and Rob Heywood provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy. The seventh edition of this book has been fully revised with 100 new cases and three new chapters. It has been updated to cover the latest cases, from assisted dying to the medical treatment of children; Brexit-related regulatory reform and COVID-19 pandemic measures. Essential reading for healthcare professionals, lecturers, medical and law students, this book is of relevance to all whose perusal of the daily news causes wonder, hope and consternation at the advances and limitations of medicine, patients and the law.

Embryo research, cloning, assisted conception, neonatal care, saviour siblings, organ transplants, drug trials – modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up.

In this highly acclaimed and very accessible book Margaret Brazier and Emma Cave provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy.

The sixth edition of this book has been fully revised and updated to cover the latest cases, from assisted dying to informed consent; legislative reform of the NHS, professional regulation and redress; European regulations on data protection and clinical trials; and legislation and policy reforms on organ donation, assisted conception and mental capacity.

Essential reading for healthcare professionals, lecturers, medical and law students, this book is of relevance to all whose perusal of the daily news causes wonder, hope and consternation at the advances and limitations of medicine, patients and the law.

Patients' rights
Margaret Brazier
,
Emma Cave
, and
Rob Heywood

Rights Act in the context of medical law is likely to endure. It is to this we now turn. 3.2 The impact of the Human Rights Act 1998 Medical law, Ian Kennedy and Andrew Grubb declared, is essentially ‘a sub-set of human rights law’. 14 The fundamental nature of the relationship between doctors and patients amply proves

in Medicine, patients and the law
Why bother?
Margaret Brazier

. Why bother? These brief snapshots shine light on the myriad ways in which law and healing interacted in the past. They cannot answer the question: why bother examining medico-legal history? The question assumes that the relationship of law and medicine has a substantive history. In the latter three decades of the twentieth century, the assumption tended to be to the contrary. Medical law was

in Law and healing
Abstract only
A history of a stormy marriage

Law and healing is a colourful and critical account of the longstanding ‘marriage’ between two fundamental pillars of human society, law and medicine. The book addresses medico-legal history, exploring aspects of English law’s fascinating and sometimes acrimonious relationship with healing and healers. It challenges assumptions that medical law is new and that when law engaged with medicine, judges deferred to the ‘medical man’. It traces the regulation of healing from the dominance of the Church, and goes on to examine how the battles between different groups of lay ‘doctors’, physicians, surgeons and apothecaries were fought out in the law courts, the Royal Court and Parliament. Malpractice litigation and predictions of malpractice crises are shown to date back to the fourteenth century. Evidence of judicial deference is scant until late in the nineteenth century. Medical law today addresses moral dilemmas arising in medical practice and biomedical science. Considering historical perceptions of the human body from the womb to the grave, this work identifies themes persisting through medico-legal history and how history repeats itself. The book assesses both how English law responded to changes in ‘scientific’ understanding of bodies and how ‘science’, or what was thought to be science, influenced law. Bizarre theories about biology are seen to buttress laws of primogeniture and legal incapacities imposed on married women. The book considers how in the nineteenth century medical practitioners gradually acquired a strong voice in law-making on morals as much as medical practice.

Yesterday
Margaret Brazier
,
Emma Cave
, and
Rob Heywood

1.1 Introduction Medical law, both in the sense of regular engagement with medicine by the courts and Parliament, and in the academic study of how English law relates to medical practice, is often thought to be ‘new’. A law student in 1968 interested in how law regulated medical practice would not find a course in medical law to whet their

in Medicine, patients and the law
Open Access (free)
Theatre and the politics of engagement
Author:

This book is about science in theatre and performance. It explores how theatre and performance engage with emerging scientific themes from artificial intelligence to genetics and climate change. The book covers a wide range of performance forms from the spectacle of the Paralympics Opening Ceremony to Broadway musicals, from experimental contemporary performance and opera to educational theatre, Somali poetic drama and grime videos. It features work by pioneering companies including Gob Squad, Headlong Theatre and Theatre of Debate as well as offering fresh analysis of global blockbusters such as Wicked and Urinetown. The book offers detailed description and analysis of theatre and performance practices as well as broader commentary on the politics of theatre as public engagement with science. It documents important examples of collaborative practice with extended discussion of the Theatre of Debate process developed by Y Touring theatre company, exploration of bilingual theatre-making in East London and an account of how grime MCs and dermatologists ended up making a film together in Birmingham. The interdisciplinary approach draws on contemporary research in theatre and performance studies in combination with key ideas from science studies. It shows how theatre can offer important perspectives on what the philosopher of science Isabelle Stengers has called ‘cosmopolitics’. The book argues that theatre can flatten knowledge hierarchies and hold together different ways of knowing.

Author:

The book explores the relationship between violence against women on one hand, and the rights to health and reproductive health on the other. It argues that violation of the right to health is a consequence of violence, and that (state) health policies might be a cause of – or create the conditions for – violence against women. It significantly contributes to feminist and international human rights legal scholarship by conceptualising a new ground-breaking idea, violence against women’s health (VAWH), using the Hippocratic paradigm as the backbone of the analysis. The two dimensions of violence at the core of the book – the horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’ dimension – are investigated through around 70 decisions of domestic, regional and international judicial or quasi-judicial bodies (the anamnesis). The concept of VAWH, drawn from the anamnesis, enriches the traditional concept of violence against women with a human rights-based approach to autonomy and a reflection on the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised in the book allows the reconceptualisation of states’ obligations in an innovative way, by identifying for both dimensions obligations of result, due diligence obligations, and obligations to progressively take steps (treatment). The book eventually asks whether it is not international law itself that is the ultimate cause of VAWH (prognosis).

Margaret Brazier

. ‘[P]‌ragmatic considerations’, which Glanville Williams stated were the foundation of much of the law of murder, are also present in those ‘killings’ which he argued are expressions of ‘a philosophical attitude’. 2 Examining the history of the laws touching on human life applied to healing and biomedical science, the tangled roots of ‘medical law’ create knotty problems. ‘Medical law’ often draws on

in Law and healing
Abstract only
Margaret Brazier
and
Emma Cave

(Nicklinson) v Ministry of Justice; R (AM) v Director of Public Prosecutions [2014] UKSC 38’ (2015) 23(1) Medical Law Review 144. 18 NHS England, Developing a New Approach to Palliative Care Funding (March 2015). 19 See Mason, Laurie, Mason and McCall Smith’s Law and Medical Ethics , 18.01; but see also E Jackson, Medical Law: Text, Cases and Materials (3rd edn, 2013) Oxford University Press, pp 874–875. 20 See D Shaw ‘The Body as Unwarranted Life Support’ (2007) 33 Journal of Medical Ethics 519 arguing that if a competent person wishes to die this is

in Medicine, patients and the law (sixth edition)