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Chapter

Cover Essential Cases: Criminal Law

R v Lawrance [2020] EWCA Crim 971, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Lawrance [2020] EWCA Crim 971, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Lawrance [2020] EWCA Crim 971, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Lawrance [2020] EWCA Crim 971, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Bowen [1996] EWCA Crim 1792, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Bowen [1996] EWCA Crim 1792, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Medical Law and Ethics

8. Contraception, Abortion, and Pregnancy  

This chapter examines the legal and ethical aspects of contraception, abortion, and pregnancy. Topics discussed include the use and function of contraception; the availability of contraception; teenage pregnancy rates; tort liability and contraception; ethical issues concerning contraception; the law on abortion; the legal status of the fetus; abortion ethics; and controversial abortions. A major current issue is the extent to which, if at all, the criminal law should be involved in the law of abortion. The chapter also considers arguments on legal interventions for pregnant women; for example, imprisoning a drug-using mother to ensure that her unborn child does not suffer from the consequences of her drug use.

Chapter

Cover Mason and McCall Smith's Law and Medical Ethics

17. The Diagnosis of Death  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

This chapter begins with a discussion of concepts of death. It considers the mostly philosophical arguments against the use of the term ‘brain death’ as applied to the person and then explains the medico-legal effects of applying brainstem death criteria. The chapter also discusses post-mortem pregnancy.

Chapter

Cover Medical Law

14. Abortion  

This chapter examines the law on abortion, beginning with debates over the moral legitimacy of abortion. It then examines the current legal position, and considers how the Abortion Act 1967, as amended, works in practice, as well as considering the prospects for law reform. Finally, the chapter looks briefly at the regulation of abortion in Northern Ireland, Ireland, and the United States.

Chapter

Cover Medical Law

16. Surrogacy  

This chapter first discusses the legitimacy of surrogacy, and the particular issues raised by cross-border surrogacy arrangements. It then turns to the regulation of surrogacy in the UK. Although commercial involvement in surrogacy is prohibited, the court has a wide discretion retrospectively to authorize payments to surrogates. In addition, the courts have adopted a flexible approach to some of the other criteria for the making of parental orders. Finally, it evaluates the Law Commissions’ proposed reforms.

Chapter

Cover Mason and McCall Smith's Law and Medical Ethics

11. Civil and Criminal Liability in Reproductive Medicine  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

This chapter discusses: the nature of the duty of care in the action for wrongful pregnancy; legal action for wrongful birth; wrongful (or diminished) life actions; and wrongful injury to the fetus and feticide.

Chapter

Cover Mason and McCall Smith's Law and Medical Ethics

9. The Control of Fertility and Child Birth  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

This chapter discusses ethical and legal aspects of controlling fertility and birth. It addresses the highly contested concept of personhood, as well as contraception, contragestation, sterilisation, and termination of pregnancy, and the increasing use of conscientious objection by care givers.

Chapter

Cover Employment Law

17. Sex-related characteristics (gender reassignment, marital status, pregnancy, sexual orientation)  

This chapter discusses the law on discrimination due to the protected characteristics of gender reassignment, marital status and civil partnership, and pregnancy and maternity. The Sex Discrimination Act as originally drafted only prohibited discrimination on grounds of sex and marital status. However, civil partners are now treated in the same way as married people. Transgender people, who live as someone of the opposite gender, are protected from discrimination. They can also change their birth certificates so that their new gender is reflected there. Pregnant women have a right not to be discriminated against, and this is a free-standing right. People are entitled not to be discriminated against because of their sexual orientation. The prohibition against sex discrimination covers heterosexuals as well as homosexual people.