Intention and Causation in Medical Non-Killing

Intention and Causation in Medical Non-Killing The impact of criminal law concepts on euthanasia and assisted suicide This book criticises the way in which the courts rely so exclusively on the criminal concepts of intention and causation in medical end-of-life decision-making. Although they provide the means by which culpability, blame-worthiness and liability are ascribed, ascertaining the mens rea and actus reus elements is problematic in the medical scenario where a doctor’s role and responsibilities (when a patient dies following the withdrawal of life-sustaining treatment or the administration of pain-killing medication) distinguishes him from a ‘cold-blooded’ murderer. In looking at a wide range of disciplines, this book aims to raise awareness as to the inadequate and inappropriate legal framework within which judges have to operate. It sets out the way in which they have devised certain ‘defences’ for doctors, and suggests a solution based on formalising these ‘defences’ and creating a medical mercy-killing type offence which would specifically take into account the relevance of motive, context and consent. This would enable a more open and honest approach which would, in turn, provide the certainty, consistency and equality required by the law. Glenys Williams is at the Department of Law, University of Wales Aberystwyth. Biomedical Law and Ethics Library Series Editor: Sheila A.M. McLean Scientific and clinical advances, social and political developments and the impact of healthcare on our lives raise profound ethical and legal questions. Medical law and ethics have become central to our understanding of these problems, and are important tools for the analysis and resolution of problems – real or imagined. In this series, scholars at the forefront of biomedical law and ethics con-tribute to the debates in this area, with accessible, thought-provoking, and sometimes controversial ideas. Each book in the series develops an independ-ent hypothesis and argues cogently for a particular position. One of the major contributions of this series is the extent to which both law and ethics are utilised in the content of the books, and the shape of the series itself. The books in this series are analytical, with a key target audience of lawyers, doctors, nurses, and the intelligent lay public. Forthcoming titles: Horsey and Biggs, Human Fertilisation and Embryology (2007) McLean and Williamson, Impairment and Disability (2007) Gavaghan, Defending the Genetic Supermarket (2007) Priaulx, The Harm Paradox (2007) Downie and Macnaughton, Bioethics and the Humanities (2007) McLean, Assisted Dying (2007) Huxtable, Euthanasia, Ethics and the Law (2007) Elliston, Best Interests of the Child In Healthcare (2007) About the Series Editor: Professor Sheila McLean is International Bar Association Professor of Law and Ethics in Medicine and Director of the Institute of Law and Ethics in Medicine at the University of Glasgow. Intention and Causation in Medical Non-Killing The impact of criminal law concepts on euthanasia and assisted suicide Glenys Williams PhD First published 2007 by Routledge-Cavendish 2 Park Square, Milton Park, Abingdon, OX14 4RN, UK Simultaneously published in the USA and Canada by Routledge-Cavendish 270 Madison Ave, New York, NY 10016 This edition published in the Taylor & Francis e-Library, 2007. “To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.” Routledge-Cavendish is an imprint of the Taylor & Francis Group, an informa business © 2007 Glenys Williams All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data Williams, Glenys Intention and causation in medical non-killing / Glenys Williams. p. cm. Includes bibliographical references ISBN-13: 978–1–84472–027–9 (hardback) ISBN-13: 978–0–415–42302–1 (pbk.) 1. Euthanasia—Law and legislation—England. 2. Assisted suicide—Law and legislation—England. 3. Criminal intent— England. 4. Causation (Criminal Law)—England. 5. Assisted suicide—Moral and ethical aspects—England. I. Title. KD3410.E88.W55 2007 344.4204¢ 197—dc22 2006026518 ISBN 0-203-94051-2 Master e-book ISBN ISBN10: 1–84472–027–6 (hbk) ISBN10: 0–415–42302–3 (pbk) ISBN13: 978–1–84472–027–9 (hbk) ISBN13: 978–0–415–42302–1 (pbk) ... - tailieumienphi.vn