THE DOCTOR'S DEFENCE AND PROFESSIONAL ETHICS
Author: TUR, RICHARD H S
Source: King's Law Journal, Volume 13, Number 1, 2002 , pp. 75-96(22)
Publisher: Hart Publishing
Abstract:In this paper I look at a peculiarity in the criminal law of England and Wales relating to murder in the context of medical practice. I take as my point of departure a relatively recent case which attracted much publicity and media attention and, from an analysis of that case and commentaries on it, I take it as established that there is something which can be called “the doctor's defence”. That there is such a defence begs the question whether doctrinal coherence and moral fit can both be fully achieved by a system of law. If, as is implicit in this paper, the answer is “No” a further jurisprudentially intriguing question is whether coherence trumps fit or vice versa.
Document Type: Research Article
Publication date: January 1, 2002
- Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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