Ignoring the moral and intellectual shape of the law after Bland: the unintended side-effect of a sorry compromise
Coggon, John (2007) Ignoring the moral and intellectual shape of the law after Bland: the unintended side-effect of a sorry compromise. Legal Studies, 27, (1), 110-125. (doi:10.1111/j.1748-121X.2006.00042.x).
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Description/Abstract
In this paper, I explore the sanctity of life doctrine and consider the scope of s 4(5) of the Mental Capacity Act 2005, a provision designed to give statutory effect to the sanctity principle. Rather than question the intellectual validity of the doctrine, I examine the legal and practical problems created by this limited section. I argue that it necessarily creates dilemmas for medical practitioners, which could only be avoided by a wholesale adoption of the principle. I conclude, therefore, that the provision fails to ensure a coherent moral and intellectual shape to the law
| Item Type: | Article |
|---|---|
| ISSNs: | 0261-3875 (print) 1748-121X (electronic) |
| Subjects: | R Medicine > RA Public aspects of medicine > RA1001 Forensic Medicine. Medical jurisprudence. Legal medicine |
| Divisions: | Faculty of Business and Law > Southampton Law School |
| Item ID: | 342962 |
| Date Deposited: | 19 Oct 2012 13:14 |
| Last Modified: | 19 Oct 2012 13:14 |
| Contributors: | Coggon, John (Author) |
| Date: | March 2007 |
| Status: | Published |
| URI: | http://eprints.soton.ac.uk/id/eprint/342962 |
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