TAILIEUCHUNG - Intention and Causation in Medical Non-Killing

Euthanasia and assisted suicide have reached a level whereby they are discussed in the media and by the public on a virtually daily basis. For example, there has been intense media coverage of the exodus by terminally ill patients from the UK who have travelled to Switzerland to commit suicide, and of recent treatment withdrawal cases from young children who are suffering from some disability. | INTENTION AND CAUSATION IN MEDICAL NON-KILLING THE IMPACT OF CRIMINAL LAW CONCEPTS ON EUTHANASIA AND ASSISTED SUICIDE GLENYS WILLIAMS BIOMEDICAL LAW AND ETHICS LIBRARY SERIES EDITOR - SHEILA . McLean 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 decisionmaking. Although they provide the means by which culpability blameworthiness 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 . 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 .

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