Ignoring the moral and intellectual shape of the law after Bland: the unintended side-effect of a sorry compromise
Ignoring the moral and intellectual shape of the law after Bland: the unintended side-effect of a sorry compromise
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
110-125
Coggon, John
192d1511-cd81-45f4-8748-c398b74949b9
March 2007
Coggon, John
192d1511-cd81-45f4-8748-c398b74949b9
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), .
(doi:10.1111/j.1748-121X.2006.00042.x).
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
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e-pub ahead of print date: 18 January 2007
Published date: March 2007
Organisations:
Southampton Law School
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Local EPrints ID: 342962
URI: http://eprints.soton.ac.uk/id/eprint/342962
ISSN: 0261-3875
PURE UUID: 80aa5b77-edf3-4223-83d9-6caedfeb485c
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Date deposited: 19 Oct 2012 13:14
Last modified: 14 Mar 2024 11:56
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John Coggon
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