Imogen Goold

Who is best placed in medical decision-making, to decide: the patient or the doctor? In this important new volume in the Debating Law series, Imogen Goold argues that the law should strongly support individual choice and autonomy. Medical decisions, she argues, are deeply personal, with life-changing consequences, and it must be for the patient to make them. Even in the event of those decisions ultimately harming the patient, fully informed, autonomous decisions by the patient must be supported by the law. Jonathan Herring counters, arguing that placing the an overriding emphasis on personal autonomy does not always achieve the best outcome for the patient. He argues instead that in certain circumstances, best interest considerations must take precedence over autonomous decision-making. He suggests that the law does not support autonomy as is commonly claimed, but instead takes a much more nuanced approach, balancing the principle of autonomy against other principles and considerations. This is a fascinating addition to this compelling series which grapples with the most pressing issues facing lawyers today.

This textbook is an ambitious and engaging introduction to the more advanced writings on medical law and ethics, primarily designed to allow students to ‘get under the skin’ of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is not to present a complete overview of theoretical issues in medical law and ethics, but rather to illustrate the current debates which are currently going on among those working in and shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading.A perfect book for students taking a module in medical law, or for those wanting to deepen their knowledge.New to this Edition:- The Supreme Court decision in Montgomery receives extensive discussion and analysis- Recent developments on the best interests test under the Mental Capacity Act are explored- The latest case law on end of life decision making is set out- Debates over whether abortion should be decriminalised are examined- The Charlie Gard case is considered

For centuries, human bodies and their parts have been used for scientific and medical research, as a source of transplant organs and even for the creation of artistic works. Human tissue is taken, tested and stored during forensic investigations and stored in databases across the country. We can examine the DNA in almost any cell of the body to yield personal information, while increasingly tissue's importance for research and the production of treatments has seen it become an item of commerce. Tissue is both object and information, laden with psychological, cultural and emotional significance while also being a tool that is used daily in medicine, criminal investigations and research. Its use presents complex challenges for legal regulation. As a result common law legal systems have so far struggled to produce a coherent, principled approach to regulating the use of human body parts. Drawing on the fields of ethics, law and history, the author develops an interdisciplinary and holistic account of the challenges arising from human tissue use and the options for regulation. Part one of the book contextualizes the difficult issues surrounding the use of human tissue by presenting an historical account of how we have dealt with bodies and their parts since ancient times. Part two provides a detailed examination of the law covering tissue use in the United Kingdom, Australia and the United States. Part three explores the range of regulatory mechanisms that might be applied to human tissue, focusing on the notion of property at common law. The book concludes by analysing how property principles might be applied to human tissue and argues for why they should be.