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Medicalizing crime—criminalizing health? The role of law

Medicalizing crime—criminalizing health? The role of law
Medicalizing crime—criminalizing health? The role of law
This chapter explores the question of when using the criminal law is desirable in the context of health and health care concerns. It looks at two case studies, gross negligence manslaughter and disease transmission, in order to identify when criminal law seems an appropriate tool, and when it appears to bring unwelcome pressures and incentives into play. In this way, the proper role of the law can be considered, and judgments made as to when, and how legal regulation can make a constructive contribution to general social goals.
gross negligence manslaughter, liability for diseas transmission, role of criminal law in health care
9780199228294
257-272
Oxford University Press
Montgomery, Jonathan
c4189a2c-86b8-466a-a7c8-985757206c04
Erin, Charles A.
Ost, Suzanne
Montgomery, Jonathan
c4189a2c-86b8-466a-a7c8-985757206c04
Erin, Charles A.
Ost, Suzanne

Montgomery, Jonathan (2007) Medicalizing crime—criminalizing health? The role of law. In, Erin, Charles A. and Ost, Suzanne (eds.) The Criminal Justice System and Health Care. (Oxford Monographs on Criminal Law and Justice) Oxford, UK. Oxford University Press, pp. 257-272.

Record type: Book Section

Abstract

This chapter explores the question of when using the criminal law is desirable in the context of health and health care concerns. It looks at two case studies, gross negligence manslaughter and disease transmission, in order to identify when criminal law seems an appropriate tool, and when it appears to bring unwelcome pressures and incentives into play. In this way, the proper role of the law can be considered, and judgments made as to when, and how legal regulation can make a constructive contribution to general social goals.

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More information

Published date: 29 November 2007
Keywords: gross negligence manslaughter, liability for diseas transmission, role of criminal law in health care

Identifiers

Local EPrints ID: 72258
URI: http://eprints.soton.ac.uk/id/eprint/72258
ISBN: 9780199228294
PURE UUID: fb69eefc-d519-4157-ba36-d6f429aec6c8

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Date deposited: 04 Feb 2010
Last modified: 13 Mar 2024 21:22

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Contributors

Author: Jonathan Montgomery
Editor: Charles A. Erin
Editor: Suzanne Ost

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