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Books > Law > Laws of other jurisdictions & general law > Social law > Public health & safety law
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The Criminal Justice System and Health Care (Hardcover, Revised)
Loot Price: R2,754
Discovery Miles 27 540
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The Criminal Justice System and Health Care (Hardcover, Revised)
Series: Oxford Monographs on Criminal Law and Justice
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This book examines questions of medical accountability and ethics.
It analyses how the criminal justice system regulates health care
practice, and to what extent it can and should be used as a tool to
resolve ethical conflict in health care. For most of the twentieth
century, criminal courts were engaged in matters relating to
medicine principally as a forum to resolve ethical controversies
over the sanctity of life. However, the judiciary approached this
function with reluctance and a marked tendency to defer to the
medical profession to define what constituted ethical, and thus
lawful, conduct. However, over the past 25 years, criminal courts
have increasingly been drawn into these types of question, and the
criminal law has become a major actor in the resolution of ethical
conflict. The trend to prosecute for aberrant professional conduct
or medical malpractice and the role of the criminal process in
medicine has been analytically neglected in the UK. There is scant
literature addressing the appropriate boundaries of the criminal
process in resolving ethical conflict, the theoretical legal
analysis of the law's relationship with health care, or the
practical impact of the criminal justice system on professionals
and the delivery of health care in the UK. This volume addresses
these issues via a combination of theoretical analyses and key case
studies, drawing on the experiences of other carefully selected
jurisdictions. It places a particular emphasis on the
appropriateness of the involvement of the criminal justice system
in health care, the limitations of this developing trend, and
solutions to the problems it throws up. The book takes euthanasia
as a primary example of the issues raised by the intersection of
health care and the criminal law, and questions whether health care
issues appropriately fall within the remit of the criminal justice
system.
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