In a community that takes rights seriously, consent features pervasively in both moral and legal discourse as a justifying reason: stated simply, where there is consent, there can be no complaint. However, without a clear appreciation of the nature of a consent-based justification, its integrity, both in principle and in practice, is liable to be compromised. This book examines the role of consent as a procedural justification, discussing the prerequisites for an adequate consent -- in particular, that an agent with the relevant capacity has made an unforced and informed choice, that the consent has been clearly signalled, and that the scope of the authorisation covers the act in question. It goes on to highlight both the Fallacy of Necessity (where there is no consent, there must be a wrong) and the Fallacy of Sufficiency (where there is consent, there cannot be a wrong). Finally, the extent to which the authority of law itself rests on consent is considered. If the familiarity of consent-based justification engenders confusion and contempt, the analysis in this book acts as a corrective, identifying a range of abusive or misguided practices that variously under-value or over-value consent, that fictionalise it or that are fixated by it, and that treat it too casually or too cautiously. In short, the analysis in Consent in the Law points the way towards recognising an important procedural justification for precisely what it is as well as giving it a more coherent application.

This book is a companion to Clinical Ethics on Film and deals specifically with the myriad of healthcare ethics dilemmas. While Clinical Ethics on Film focuses on bedside ethics dilemmas that affect the healthcare provider-patient relationship, Healthcare Ethics on Film provides a wider lens on ethics dilemmas that interfere with healthcare delivery, such as healthcare access, discrimination, organizational ethics, or resource allocation. The book features detailed and comprehensive chapters on the Tuskegee Study, AIDS, medical assistance in dying, the U.S. healthcare system, reproductive justice, transplant ethics, pandemic ethics and more. Healthcare Ethics on Film is the perfect tool for remote or live teaching. It's designed for medical educators and healthcare professionals teaching any aspect of bioethics, healthcare ethics or the health sciences, including medical humanities, history of medicine and health law. It is also useful to the crossover market of film buffs and other readers involved in healthcare or bioethics.

Palliative Care Within Mental Health: Ethical Practice explores the comprehensive concerns and dilemmas that occur surrounding people experiencing mental health problems and disorders. Working beyond narrow, stereotypical definitions of palliative care as restricted to terminal cancer patients, this balanced and thought-provoking volume examines the many interrelated issues that face the individual, families, and caregivers, setting the groundwork for improved, ethical relationships and interventions. Chapters by experts and experienced practitioners detail the challenges, concerns, and best practices for ethical care and responses in a variety of individual and treatment contexts. This is an essential and thoughtful new resource for all those involved in the fast-developing field of palliative mental health.

This book examines these cases from the perspective of statutory interpretation, the judge's primary function. The scrutiny finds the judgments technically flawed, overcomplicated, excessively long, and often unduly restrictive. As such, this book explains how the cases should have been resolved .

This book examines donor conception and the search for information by donor-conceived people. It details differing regulatory approaches across the globe, including those that provide for 'open-identity' or anonymous donation, or that take a 'dual-track' approach. In doing so, it identifies models regarding the recording and release of information about donors that may assist in the further development of the law, policy and associated practices. Arguments for and against donor anonymity are considered, and specifically critiqued. The study highlights contrasting reasoning and emphasis upon various interests and factors that may underpin secrecy, anonymity or openness. The book will be of value to academics, students and legal practitioners involved with this area. It is also relevant to policy makers, health practitioners and anyone with an interest in the subject.

Ayahuasca is a psychoactive substance that has long been associated with indigenous Amazonian shamanic practices. The recent rise of the drink's visibility in the media and popular culture, and its rapidly advancing inroads into international awareness, mean that the field of ayahuasca is quickly expanding. This expansion brings with it legal problems, economic inequalities, new forms of ritual and belief, cultural misunderstandings, and other controversies and reinventions. In The World Ayahuasca Diaspora, leading scholars, including established academics and new voices in anthropology, religious studies, and law fuse case-study ethnographies with evaluations of relevant legal and anthropological knowledge. They explore how the substance has impacted indigenous communities, new urban religiosities, ritual healing, international drug policy, religious persecution, and recreational drug milieus. This unique book presents classic and contemporary issues in social science and the humanities, providing rich material on the bourgeoning expansion of ayahuasca use around the globe.

On the 11th of March 2011, an earthquake registering 9.0 on the Richter scale (the most powerful to ever strike Japan) hit the Tohoku region in northern Japan. The earthquake produced a devastating tsunami that wiped out coastal cities and towns, leaving 18,561 people dead or registered as missing. Due to the disaster, the capability of the Fukushima Nuclear Power Plant, operated by Tokyo Electric Power Company (TEPCO), was compromised, causing nuclear meltdown. The hydrogen blast destroyed the facilities, resulting in a spread of radioactive materials, and, subsequently, serious nuclear contamination. This combined event - earthquake, tsunami, and nuclear meltdown - became known as the Great East Japan Earthquake Disaster. This book examines the response of the Japanese government to the disaster, and its attempts to answer the legal questions posed by the combination of earthquake, tsunami, and nuclear meltdown. Japanese law, policy, and infrastructure were insufficiently prepared for these disasters, and the country's weaknesses were brutally exposed. This book analyses these failings, and discusses what Japan, and other countries, can learn from these events.

Much has been written on Education Acts, yet we have abused and neglected them. The history of educational legislation has been written off as 'Acts and facts', and the conventional approach to writing about them has been concerned with politics, and especially with the men responsible for them. On the centenary of the 1918 Education Act and Education (Scotland) Act, and the thirtieth anniversary of the 1988 Education Reform Act, we can rightly compare them alongside the other two agenda-setting master-Acts of the 20th century, those of 1902 and 1944. These latter Acts, themselves landmarks of legislation, have each attracted several significant articles that have been published in the British Journal of Educational Studies. Between them, these provide a detailed commentary on the key legislation that has framed the development of UK education that is also open to critique and challenge. The anniversaries of these key Education Acts are also starting points for broader discussion of continuities, changes and contestation in legislation involving the regime of power, control and regulation of education. This can also include consideration of the international context and the relationship between educational and other social legislation and reform.

The globalisation of research has resulted in the increased location of research involving humans in developing countries. Countries in Africa, along with China and India, have seen research grow significantly. With emerging infectious diseases, such as Ebola and Zika, emphasising the risk of public health crises throughout the world, a further increase in health research, including clinical research in developing countries, which are often the sites of these diseases, becomes inevitable. This growth raises questions about domestic regulation and the governance of health research. This book presents a comprehensive and systemic view of the regulation of research involving humans in African countries. It employs case studies from four countries in which research activities continue to rise, and which have taken steps to regulate health research activity: South Africa, Nigeria, Kenya, and Egypt. The book examines the historical and political contexts of these governance efforts. It describes the research context, some of the research taking place, and the current challenges. It also looks at the governance mechanisms, ranging from domestic ethical guidelines to legal frameworks, the strengthening of existing regulatory agencies to the role of professional regulatory bodies. The book analyses the adequacy of current governance arrangements within African countries, and puts forward recommendations to improve the emerging governance systems for health research in African and other developing countries. It book will be a valuable resource for academics, researchers, practitioners and policy-makers working in the areas of health research, biomedical ethics, health law and regulation in developing countries.

A campus shooting. A gang assault. A school bus ambush. With each successive event, fingers are pointed at the usual suspects: violent films, bloody video games, explicit web sites. But to what extent can-or should-the media be implicated in youth crime? And are today's sophisticated young people really that susceptible to their influence? Adolescents, Crime, and the Media critically examines perceptions of these phenomena through the lens of the ongoing relationship between generations of adults and youth. A wealth of research findings transcends the standard nature/nurture debate, analyzing media effects on young people's behavior, brain development in adolescence, ways adults can be misled about youth's participation in criminal acts, and how science can be manipulated by prevailing attitudes toward youth. The author strikes a necessary balance between the viewpoints of media providers and those seeking to restrict media or young people's access to them. And the book brings scientific and intellectual rigor to culturally and politically charged issues as it covers: * Violence in the media. * Media portrayals of crime and youth. * Research on violent television programs, video games, and other media as causes of crime. * Effects of pornography on behavior. * Public policy, censorship, and First Amendment issues. Adolescents, Crime, and the Media is an essential resource for researchers, graduate students, professionals, and clinicians across such interrelated disciplines as developmental psychology, sociology, educational policy, criminology/criminal justice, child and school psychology, and media law.

Text, Cases and Materials on Medical Law and Ethics presents a valuable collection of materials relating to often controversial areas of the law. Comprising extracts from statutes, cases and scholarly articles alongside expert author commentary and guidance which signposts the key issues and principles, this book is an ideal companion to this increasingly popular subject. Fully revised, this new edition incorporates expanded content, including: updated coverage of consent and decision making, including the the Montgomery v Lanarkshire Health Board (2015) judgment; the impacts of the EC directive for clinical trials and GDPR on the research use of patient data; and discussion of other recent developments in the case law, including the 2017 Charlie Gard litigation, the 2016 Privy Council decision in Williams v Bermuda on negligence causation, and the UK Supreme Court judgment in A & B v SS for Health (2017) on funding for patients from Northern Ireland seeking terminations elsewhere. Providing a comprehensive and up-to-date resource on this topical area of the law, this textbook is an invaluable reference tool for students of medical law as well as those studying medicine.

The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of 'laws' result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.

This book provides a concise guide to international disability law. It analyses the case law of the CRPD Committee and other international human rights treaty bodies, and provides commentaries on more than 50 leading cases. The author elaborates on the obligations of States Parties under the CRPD and other international treaties, while also spelling out the rights of persons with disabilities, and the different mechanisms that exist at both domestic and international levels for ensuring that those rights are respected, protected and promoted. The author also delineates the traditional differentiation between civil and political rights on the one hand, and economic, social and cultural rights on the other. He demonstrates, through analysis of the evolving case law, how the gap between these two sets of rights is gradually closing. The result is a powerful tool for political decisionmakers, academics, legal practitioners, law students, persons with disabilities and their representative organisations, human rights activists and general readers.

This volume aims to provoke reflection on the English conception and treatment of prisoners' rights, through juxtaposition with the conception of prisoners' rights in Germany. First, the German and English understandings of prisoners' legal status are examined; secondly these understandings are placed against the background of broader social, political, and legal factors; and thirdly, the methodological problems of comparative law are addressed. English and German approaches to prisoners' rights present illuminating contrasts. In England, despite significant judicial activity in the development of a jurisprudence of prisoners' rights, protection of prisoners' rights remains partial and equivocal. Many aspects of prison life are left within the realm of executive discretion. This equivocal commitment to rights in England is juxtaposed with Germany's highly articulated rights culture and its ambitious system of prisoners' rights protection under the Prison Act 1976. The German Prison Act sets out foundational principles of prison administration, affords prisoners positive rights, defines the limitations of prisoners' constitutional rights, and provides prisoners with recourse to a Prison Court. Moreover, these rights and principles have been developed and refined in a substantial body of prison law jurisprudence over the last thirty years.

The Olympic Games is unquestionably the largest and most important sporting event in the world. Yet who exactly is accountable for its successes and failures? This book examines the legitimacy and accountability of the International Olympic Committee (IOC). This non-governmental organisation wields extraordinary power, but there is no democratic basis for its authority. This study questions the supremacy of the IOC, arguing that there is a significant accountability deficit. Investigating the conduct of the IOC from an international legal perspective, the book moves beyond a critique of the IOC to explore potential avenues for reform, means of improving democratic procedures and increasing accountability. If the Olympics are to continue to be our most celebrated sporting event, those who organise them must be answerable to the citizens that they can potentially harm as well as benefit. Full of original insights into the inner workings of the IOC, this book is essential reading for all those interested in the Olympics, sport policy, sport management, sport mega-events, and the law.

This book examines the often tough questions raised by infectious diseases through essays that explore a host of legal and ethical issues. The authors also offer potential solutions in order to ensure that past errors are not repeated in response to future outbreaks. The essays touch on a number of key themes, including institutional competence, the accountability and responsibility of non-state actors, the importance of pharmaceuticals, and the move towards a rights-based approach in global health. Readers gain insights into such important questions as follows: How can we help victims in other countries? What (if any) responsibility should be placed upon international organizations whose actions exacerbate infectious diseases? How can we ensure that pharmaceutical research helps all communities, even those who cannot afford to pay for the products? While broadly covering global health law, the book adopts an inter-disciplinary approach that draws on public international law, philosophy, international relations, human rights law, and healthcare economics. As such, it is a valuable resource for academic libraries, appealing to scholars and postgraduates engaged in relevant research, as well as to those engaged with global health and policy at the international level.

This book engages with a traditional yet persistent question of legal theory - what is law? However, instead of attempting to define and limit law, the aim of the book is to unlimit law, to take the idea of law beyond its conventionally accepted boundaries into the material and plural domains of an interconnected human and nonhuman world. Against the backdrop of analytical jurisprudence, the book draws theoretical connections and continuities between different experiences, spheres, and modalities of law. Taking up the many forms of critical and socio-legal thought, it presents a broad challenge to legal essentialism and abstraction, as well as an important contribution to more general normative theory. Reading, crystallising, and extending themes that have emerged in legal thought over the past century, this book is the culmination of the author's 25 years of engagement with legal theory. Its bold attempt to forge a thoroughly contemporary approach to law will be of enormous value to those with interests in legal and socio-legal theory.

Due to new developments in prenatal testing and therapy the fetus is increasingly visible, examinable and treatable in prenatal care. Accordingly, physicians tend to perceive the fetus as a patient and understand themselves as having certain professional duties towards it. However, it is far from clear what it means to speak of a patient in this connection. This volume explores the usefulness and limitations of the concept of 'fetal patient' against the background of the recent seminal developments in prenatal or fetal medicine. It does so from an interdisciplinary and international perspective. Featuring internationally recognized experts in the field, the book discusses the normative implications of the concept of 'fetal patient' from a philosophical-theoretical as well as from a legal perspective. This includes its implications for the autonomy of the pregnant woman as well as its consequences for physician-patient-interactions in prenatal medicine.

This interdisciplinary collection presents a scholarly treatment of how the constitutional politics of federalism affect governments and citizens, offering an accessible yet comprehensive analysis of the U.S. Supreme Court's federalism jurisprudence and its effect on the development of national and state policies in key areas of constitutional jurisprudence. The contributors address the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law, including those that relate to the scope and application of gun rights, LGBT freedoms, health care administration, anti-terrorism initiatives, capital punishment, immigration and environmental regulation, the legalization of marijuana and voting rights. Uniting scholarship in law, political science, criminology, and public administration, the chapters study the themes, principles, and politics that traditionally have been at the center of federalism research across different academic disciplines. They look at the origins, nature and effect of dual and cooperative federalism, presidential powers and administrative regulation, state sovereignty and states' rights, judicial federalism and the advocacy of organized interests.

LeMay offers an insightful examination of the enactment of the Immigration Reform and Control Act of 1986 and the Immigration Act of 1990. Using the enactment of immigration policy reform--the most substantial since 1965--he illustrates the various stages of the public policy process. He shows how problems, such as the illegal alien influx, become perceived of as public problems and get on the policy agenda of government. He illustrates the interaction of interest groups and political leadership in the branches of government in the formulation and enactment of policy reform.

By examining this area of public policy--one rich in human interest as well as substantive importance to American politics and public policy--LeMay provides useful insights into the policy process, Congressional decision-making, and the complexity of regulatory policy. This book will be of value to scholars of the immigration process, lawyers and practitioners involved in immigration, students of Congressional decision-making and of the public policy process, and general readers.

This book is a legal and political intervention into a contemporary debate concerning the appropriateness of sexual offence prosecutions brought against young gender non-conforming people for so-called 'gender identity fraud'. It comes down squarely against prosecution. To that end, it offers a series of principled objections based both on liberal principles, and arguments derived from queer and feminist theories. Thus prosecution will be challenged as criminal law overreach and as a spectacular example of legal inconsistency, but also as indicative of a failure to grasp the complexity of sexual desire and its disavowal. In particular, the book will think through the concepts of consent, harm and deception and their legal application to these specific forms of intimacy. In doing so, it will reveal how cisnormativity frames the legal interpretation of each and how this serves to preclude more marginal perspectives. Beyond law, the book takes up the ethical challenge of the non-disclosure of gender history. Rather than dwelling on this omission, it argues that we ought to focus on a cisgender demand to know as the proper object of ethical inquiry. Finally, and as an act of legal and ethical re-imagination, the book offers a queer counter-judgment to R v McNally, the only case involving a gender non-conforming defendant, so far, to have come before the Court of Appeal.

Key Features: • Discusses the clinical and applied aspects of forensic medicine through illustrative case scenarios and reports. • Addresses the needs of clinicians and forensic medicine specialists in writing medico-legal reports for specific cases. • Provides evidence-based solutions to medicolegal and ethical dilemma faced during routine practice.

Analysing both fraud and religion as social constructs with different functions and meanings attributed to them, this book raises issues that are central to debates about the limits of religious toleration in diverse societies, and the possible harm (as well as benefits) that religious organisations can visit upon society and individuals. There has already been a lively debate concerning the structural context in which abuse, especially sexual abuse, can be perpetrated within religion. Contributors to the volume proceed from the premise that similar arguments about ways in which structure and power may be conducive to abuse can be made about fraud and deception. Both can contribute to abuse, yet they are often less easily demonstrated and proven, hence less easily prosecuted. With a focus on minority religions, the book offers a comparative overview of the concept of religious fraud by bringing together analyses of different types of fraud or deception (financial, bio-medical, emotional, breach of trust and consent). Contributors examine whether fraud is necessarily intentional (or whether that is in the eye of the beholder); certain structures may be more conducive to fraud; followers willingly participate in it. The volume includes some chapters focused on non-Western beliefs (Juju, Occult Economies, Dharma Lineage), which have travelled to the West and can be found in North American and European metropolitan areas.

During the first part of the twenty-first century, bloggers, citizen journalists, social media users, Yelp reviewers, and a myriad of other communicators have found themselves facing defamation, privacy, campaign finance, and other lawsuits as a result of the messages they have communicated. In many ways, these communicators are facing legal questions that are similar to what traditional journalists have faced for centuries regarding their rights to gather and publish information. This book examines how the press clause, a First Amendment freedom with no agreed-upon definition, can be understood in order to help guide the courts and twenty-first-century publishers regarding protecting expression as we move into the fourth wave of networked communication, an era that will be defined by increasingly complex relationships between humans and artificially intelligent communicators. To do so, the book draws upon the discourse theory of communication in democratic society, the legal and foundational history of the press clause, lower-court cases that involve citizen publishers who have claimed protections that have historically been associated with traditional journalism, and established legal and scholarly examinations of artificial intelligence to ultimately construct a framework for how the press clause can be reimagined to protect older and newer generations of publishers.