Ethical Judgments

Acknowledgements
Table of Contents
Contributors
Notice on the Order of Judgments
TABLE OF CASES
Table of Legislation
Introduction-Medicine in the Courtroom: Judges, Ethics and the Law
	I. Judicial Determinations: Legal, Not Ethical?
	II. Our Ethical (Re-)Writers and (Re-)Readers
	III. (Re-)Writing the Judgments
	IV. Approaching Ethical Coherence
	V. Aims and Aspirations
Re A (Conjoined Twins: Surgical Separation) [2001] Fam 147
	Judgment 1-Re A (Conjoined Twins: Surgical Separation) [2001] Fam 147
		I. Introduction
		II. Philosophy and Ethics Surrounding the DDE
		III. The Law and the DDE
		IV. Applying the DDE to the Proposed Surgery
	Judgment 2-Re A (Conjoined Twins: Surgical Separation) [2001] Fam 147
		I. The Facts
		II. Family Law
		III. Criminal Law
	Legal Commentary-Twisted Reasoning: Disentangling Matters of Law, Conjoined Embodiment, Life, and Death
		I. Introduction
		II. Family Law
		III. Criminal Law
		IV. Concluding Thoughts
	Ethical Commentary-Conjoineds, Care, and the Question of Identity: Some Reflections on the Ethics of Re A
		I. Introduction
		II. Language
		III. The Welfare of the Child and the Ethics of Care
		IV. Family Ethics
		V. Persons and Bodies
R (on the Application of Axon) v Secretary of State for Health [2006] EWHC 37 (Admin)
	Judgment 1-R (on the Application of Axon) v Secretary of State for Health [2006] EWHC 37 (Admin)
		I. Autonomy Interests of Girls
		II. Rights of Parents
		III. Relationality
		IV. Confidentiality
		V. Conclusion
	Judgment 2-R (on the Application of Axon) v Secretary of State for Health [2006] EWHC 37 (Admin)
	Legal Commentary-Axon and Autonomy: A Missed Opportunity?
		I. The Incoherence of the Law"s Approach to Autonomy
		II. Relational Autonomy
		III. Parental Responsibility, Confidentiality and the Role of the Law
	Ethical Commentary-Axon, Autonomy and Confidentiality
		I. Introduction
		II. Justifying Patient Confidentiality and Autonomy
		III. Three Justifications for Protecting Confidentiality
		IV. Keeping it within the Family?
		V. Concluding Points
Airedale NHS Trust v Bland [1993] AC 789
	Judgment 1-Airedale NHS Trust v Bland [1993] AC 789
	Judgment 2-Airedale NHS Trust v Bland [1993] AC 789
	Legal Commentary-Living and Letting Die: Harmful Intentions and the Best Interests of Anthony Bland
		I. Introduction
		II. Alive or Dead?
		III. Act or Omission?
		IV. Best Interests
		V. Multiple Intentions
		VI. Concluding Remarks
	Ethical Commentary: The Ethical Acceptability of Discontinuing Artificial Nutrition and Hydration for Patients in a Permanent Vegetative State
		I. Introduction
		II. Respect for Personal Autonomy
		III. Best Interests, Benefits, and Harms
		IV. Killing or Letting Die?
		V. Final Reflections
R v Human Fertilisation and Embryology Authority, ex parte Blood [1999] Fam 151
	Judgment 1-R v Human Fertilisation and Embryology Authority, ex parte Blood [1999] Fam 151
	Judgment 2-R v Human Fertilisation and Embryology Authority, ex parte Blood [1999] Fam 151
	Legal Commentary: R v Human Fertilisation and Embryology Authority, ex parte Blood
		I. Introduction
		II. The Absence of Consent and the Principle of Autonomy
		III. "Treatment" and Patients
		IV. Human Dignity
		V. Conclusion
	Ethical Commentary-Beyond Law: An Ethical Critique of Blood
		I. Introduction
		II. The Lack of Written Consent
		III. Dead or Alive
		IV. Whose Wishes Count?
		V. Conclusion
Bolitho v Hackney Health Authority [1998] AC 232
	Judgment 1-Bolitho v Hackney Health Authority [1998] AC 232
	Judgment 2-Bolitho v Hackney Health Authority [1998] AC 232
	Legal Commentary-Bolitho: Expertise, Law and Medicine
		I. Introduction
		II. Deference
		III. Boundaries of Expertise: Separating the Technical from the Social
		IV. Rejecting or Trusting Expertise?
		V. Judging the Technical
		VI. Rejecting Evidence
		VII. Conclusion
	Ethical Commentary-Bolam, Bolitho and the Crisis of Legal Form
		I. Introduction
		II. The Plausibility of Bolam: Rise and Fall
		III. Legal Form and the Welfare State
		IV. Miola: Qualified Reformalisation
		V. Montgomery: Reflexive Regulation
		VI. Concluding Remarks
R v Bourne [1939] 1 KB 687
	Judgment 1-R v Bourne [1939] 1 KB 687
		I. Facts of the Case
		II. Relevant Law
		III. Context
		IV. Conclusion and Direction
	Judgment 2-R v Bourne [1939] 1 KB 687
	Legal Commentary-R v Bourne: A Historical Context
		I. Background and Context
		II. The "Original" Summing-up
		III. The "New" Summings-Up
		IV. Aftermath
	Ethical Commentary-Abortion and Physician Conscientious Action
		I. Introduction
		II. Did Bourne Act in Good Faith?
		III. Did Bourne Act to Preserve the Life of the Pregnant Woman?
		IV. Conclusion
Chester v Afshar [2005] 1 AC 134
	Judgment 1-Chester v Afshar [2005] 1 AC 134
		I. Introduction
		II. The Facts
		III. The Issues
		IV. Discussion
		V. Judgment
	Judgment 2-Chester v Afshar [2005] 1 AC 134
	Legal Commentary-Taking Autonomy Seriously? Loss of Autonomy as a Legal "Harm"
		I. Introduction
		II. Justifying Finding for Ms Chester
		III. Is Harm to Autonomy "Harm"?
		IV. Loss of Autonomy as a Harm: Challenges and Advantages
	Ethical Commentary-Autonomy Rights and Duties: Ethical Issues in and around Chester v Afshar
		I. Introduction: Three Tiers of Ethical Critique in Medical Law
		II. Patient Autonomy in Health Care Ethics and Practice
		III. Autonomy as an Ethical Concept in Health Care Law
		IV. The Ethics of the House of Lords" Imposition of a Greater Duty to Inform
		V. Conclusion
R (on the Application of Nicklinson and Another) v Ministry of Justice [2014] UKSC 38
	Judgment 1-R (on the Application of Nicklinson and Another) v Ministry of Justice [2014] UKSC 38
	Judgment 2-R (on the Application of Nicklinson and Another) v Ministry of Justice [2014] UKSC 38
		I. Mr Lamb"s and Mrs Nicklinson"s Appeals
		II. The DPP"s Policy
		III. Conclusion
	Legal Commentary-Assisted Suicide: Unpicking the Warp and Woof of Politics, Ethics and the Law in Nicklinson
		I. Introduction
		II. Lord Coggon
		III. Lord Huxtable
		IV. Concluding Thoughts
	Ethical Commentary-Nicklinson and the Ethics of the Legal System
		I. Introduction
		II. The Ethics of the System at Large
		III. Compromise and Ethics
		IV. Ethics in an Individual Case
		V. Conclusion
St George"s Healthcare NHS Trust v S [1999] Fam 26
	Judgment 1-St George"s Healthcare NHS Trust v S [1999] Fam 26
		I. Background to the Case
		II. Respect for Autonomy and Self-Determination
		III. The Status of the Foetus
		IV. Conclusion
	Judgment 2-St George"s Healthcare NHS Trust v S [1999] Fam 26
	Legal Commentary-Giving Birth, Foetal Subjectivity, and Harm
		I. Introduction
		II. The Importance of Autonomy in Medical Law
		III. Gendered Harms
		IV. Conclusion
	Ethical Commentary-A Necessarily Feminist Critique of the Judgments
		I. Introduction
		II. The Case
		III. The Context
		IV. Concluding Thoughts
Conclusion-Medical Law Rewritten?
	I. A Court of Law and of Morals?
	II. Sitting in Judgment in Medical Law: What Constraints?
	III. Judging Judges
Glossary
	I. Ethical Theories, Frameworks, and Approaches
	II. Central Concepts in Medical Ethics and Law
	III. Theoretical and Technical Terms Regarding the Concept of Law and Judicial Decision-Making
	IV. Technical Legal Jargon
Index