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Medical Law Books with discounts for the EAHL members!
Not What The Bus PromisedHealth Governance after Brexit
Tamara K Hervey, Ivanka Antova, Mark L Flear and Matthew Wood
This book explains the impacts of Brexit on the NHS. From staffing to biomedical research, the UK’s post-Brexit agreements have serious implications for health law. Drawing conversations and interviews with over 40 health policy stakeholders, their work with Parliaments across the UK, and collaborations with key actors like the NHS Confederation, the book puts the authors’ knowledge centre frame, rather than expressing ‘objective reality’. These conversations show a great deal of faith in law and legal process among ‘ordinary people’, but the opposite from ‘insider elites’. It will be of interest to any reader who cares about the NHS.
Tamara K Hervey is Jean Monnet Professor of EU Law at City, University of London, UK.
Ivanka Antova was Research Fellow on the Health Governance after Brexit Project, UK.
Mark L Flear is Professor of Law and Socio-Legal Studies at Queen’s University Belfast, UK.
Matthew Wood is Senior Lecturer in the Department of Politics at the University of Sheffield, UK.
Oct 2023 | 9781509951499 | 280pp | Hbk | RRP: £85
Discount Price: £68
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Regulation, Innovation and Competition in Pharmaceutical Markets
A Comparative Study
Margherita Colangelo
This book provides a comprehensive and interdisciplinary study of the pharmaceutical market. It firstly focuses on the understanding of this market as an emblematic example of the development of the global regulatory process. This is enhanced by its comparative approach, studying the laws of the EU and the US, as well as the international dimension. By taking this approach, the book tracks convergences and divergences, as well as the rule-making and reform process driven by political and legal actors. The study then explores the fundamental and inextricable relationship between regulation, intellectual property, competition laws, trade regulation and public health.
Margherita Colangelo is Associate Professor of Comparative Law, Roma Tre University, Italy.
Apr 2023 | 9781509965519 | 256pp | Hbk | RRP: £85 / $115
Discount Price: £68 / $92
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Elizabeth Wicks
This book investigates the law’s approach to suicide in England and Wales. It explores the seismic shift in perceptions of the law’s role in respect of suicide from imprisonment as a punishment for attempting suicide, to courts hearing arguments about whether there is not only a right to suicide but also a right to assistance in suicide. This development stands alongside a global recognition of suicide prevention as a public health priority.
Elizabeth Wicks is Professor of Human Rights Law at Leicester Law School, UK.
Feb 2023 | 9781509932702 | 232pp | Hbk | RRP: £85 / $115
Discount Price: £68 / $92
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Healthcare, Quality Concerns and Competition Law
A Systematic Approach
Theodosia Stavroulaki
Opponents of market driven healthcare argue that a competition approach to medical treatment negatively impacts quality, while advocates point to increased efficiencies. This book casts a critical eye over both positions, unveiling areas where healthcare provision and the pursuit of quality clash. It shows how competition authorities can only assess competition concerns when asking the question of how healthcare quality should be defined and factored into their decisions. Drawing on UK, US and EU examples, it explores antitrust and merger cases in hospital, medical, and health insurance markets to depict the reality and challenges of regulating competition in healthcare provision.
Theodosia Stavroulaki is Assistant Professor of Law at Gonzaga University School of Law, USA.
Jan 2023 | 9781509943340 | 304pp | Hbk | RRP: £85 / $115
Discount Price: £68 / $92
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Law at the Frontiers of Biomedicine
Creating, Enhancing and Extending Human Life
Shaun D Pattinson
How should judges and legislators address challenges arising at the frontiers of biomedicine? What if it became possible to edit the DNA of embryos for enhanced traits, gestate a fetus in an artificial womb, self-modify brain implants to provide new skills or bring a frozen human back to life?
This book presents an innovative legal theory and applies it to future developments in biomedicine. It is applied by asking how a political leader or appeal court judge could address technological developments for which the current law of England and Wales would be ill-equipped to respond.
Shaun D Pattinson is Professor of Medical Law and Ethics at Durham University, UK.
Jan 2023 | 9781509941070 | 248pp | Hbk | RRP: £85 / $115
Discount Price: £68 / $92
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The Right to Be Protected from Committing Suicide
Jonathan Herring
This ground-breaking book makes the legal and ethical case for recognising that the state and public authorities have a duty to provide and implement an effective suicide prevention strategy. Arguing that those suffering threats to life from mental health issues deserve the same protection as those who face threats to life from ill health or violence from others, the book explores the ethical and legal case for giving those beset with suicidal thoughts the treatment they need and for reasonable steps to be taken to protect them from attempting suicide.
Jonathan Herring is the DW Wolf-Clarendon Fellow in Law at Exeter College and Professor of Law at the Faculty of Law, University of Oxford.
Jun 2022 | 9781509949045 | 288pp | Hbk | RRP: £85 / $115
Discount Price: £68 / $92
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Supporting Legal Capacity in Socio-Legal Context
Edited by Mary Donnelly, Rosie Harding and Ezgi Tascioglu
Focusing on the UN Convention on the Rights of Persons with Disabilities, this book explores the dilemma of how to support legal capacity in theory and practice. It concludes that approaches to capacity need to be informed by a grounded understanding of how it operates in ‘real life’ contexts.
The book comprises 16 chapters by socio- and medico-legal scholars from the UK, Canada, Finland, India, Ireland, Spain, Sweden, and Turkey, many of whom have been directly involved in law reform processes in their home jurisdictions, and thus combine both academic expertise and practical awareness of the challenges of legal change.
Mary Donnelly is Professor of Law at University College Cork, Ireland.
Rosie Harding is Professor of Law and Society at Birmingham Law School, University of Birmingham, UK, and Chair of the Socio-Legal Studies Association.
Ezgi Tascioglu is Lecturer at Keele Law School, UK.
May 2022 | 9781509940349 | 336pp | Hbk | RRP: £85 / $115
Discount Price: £68 / $92
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The Interplay of Global Standards and EU Pharmaceutical Regulation
The International Council for Harmonisation
Sabrina Roettger-Wirtz
This book analyses the implementation of global pharmaceutical impact standards in the European risk regulation framework for pharmaceuticals and questions its legitimacy.
Global standards increasingly shape the risk regulation law and policy in the European Union and the area of pharmaceuticals is no exception to this tendency. As this book shows, global pharmaceutical standards set by the International Council for Harmonisation of Technical Requirements for the Registration of Pharmaceuticals for Human Use (ICH), after they are adopted through the European Medicines Agency (EMA), are an important feature of the regulatory framework for pharmaceuticals in the EU.
In addition to analysing the influence of these global standards in the EU legal and policy framework, the book questions the legitimacy of the Union’s reliance on global standards in terms of core administrative law principles of participation, transparency and independence of expertise. It also critically examines the accountability of the European Commission and the European Medicines Agency as participants in the global standard-setting and main implementation gateway of the global pharmaceutical standards into the European Union.
Sabrina Röttger-Wirtz is Assistant Professor of EU Law at Maastricht University, Netherlands.
Sep 2021 | 9781509942992 | 256pp | Hbk | RSP: £85
Discount Price: £68
Healthcare Law and Ethics and the Challenges of Public Policy Making: Selected Essays
Sir Ian Kennedy
This book draws on Sir Ian’s extensive experience, from the university to the heart of Westminster, from lecture theatre to Public Inquiry, to analyse and explore the challenges, the law, ethics and policy, of developments in healthcare and regulation.
Order now at www.bloomsbury.com and use the code UG8 to get 20% discount.
Women’s Birthing Bodies and the Law
Unauthorised Intimate Examinations, Power and Vulnerability
Edited by Camilla Pickles and Jonathan Herring
This is the first book to unpack the legal and ethical issues surrounding unauthorised intimate examinations during labour. The book uses feminist, socio-legal and philosophical tools to explore the issues of power, vulnerability and autonomy. The collection challenges the perception that the law adequately addresses different manifestations of unauthorised medical touch through the lens of women’s experiences of unauthorised vaginal examinations during labour. The book unearths several broader themes that are of huge significance to lawyers and healthcare professionals such as the legal status of women and their bodies.
The book raises questions about women’s experiences during childbirth in hospital settings. It explores the status of women’s bodies during labour and childbirth where too easily they become objectified, and it raises important issues around consent. The book highlights links to the law on sexual offences and women’s loss of power under the medical gaze.
Women's Birthing Bodies and the Law includes contributions from leading feminist philosophers, healthcare professionals, and academics in healthcare and law, and offers pioneering analysis relevant to lawyers and healthcare professionals with an interest in medical law and ethics; feminist theory; criminal law; tort law; and human rights law.
Camilla Pickles is Assistant Professor at Durham Law School, Durham University.
Jonathan Herring is Professor at the Faculty of Law, University of Oxford.
Nov 2020 | 9781509937578 | 240pp | Hbk | RSP: £60
Discount Price: £48
Order online at www.hartpublishing.co.uk – use the code UG6 at the checkout to get 20% off your order!
Medical Decision-Making on Behalf of Young Children
A Comparative Perspective
Edited by Imogen Goold, Cressida Auckland and Jonathan Herring
In the wake of the Charlie Gard and Alfie Evans cases, a wide-ranging international conversation was started regarding alternative thresholds for intervention and the different balances that can be made in weighing up the rights and interests of the child, the parent’s rights and responsibilities and the role of medical professionals and the courts. This collection provides a comparative perspective on these issues by bringing together analysis from a range of jurisdictions across Europe, North and South America, Africa and Asia.
Contextualising the differences and similarities, and drawing out the cultural and social values that inform the approach in different countries, this volume is highly valuable to scholars across jurisdictions, not only to inform their own local debate on how best to navigate such cases, but also to foster inter-jurisdictional debate on the issues.
The book brings together commentators from the fields of law, medical ethics, and clinical medicine across the world, actively drawing on the view from the clinic as well as philosophical, legal and sociological perspectives on the crucial question of who should decide about the fate of a child suffering from a serious illness.
In doing so, the collection offers comprehensive treatment of the key questions around whether the current best interests approach is still appropriate, and if not, what the alternatives are. It engages head-on with the concerns seen in both the academic and popular literature that there is a need to reconsider the orthodoxy in this area.
Imogen Goold is Associate Professor and Jonathan Herring is Professor, both at the Faculty of Law, University of Oxford.
Cressida Auckland is Assistant Professor in the Department of Law at the London School of Economics and Political Science.
Sep 2020 | 9781509928569 | 400pp | Hbk | RSP: £80
Discount Price: £64
Order online at www.hartpublishing.co.uk – use the code UG6 at the checkout to get 20% off your order!
Unexpected Consequences of Compensation Law
Edited by Prue Vines and Arno Akkermans
This book explores the performance of compensation law in addressing the needs of the injured. Compensation procedure can be dangerous to your health and may fail to compensate without aggravation/creating other problems. This book takes a refreshing and insightful approach to the law of compensation considering, from an interdisciplinary perspective, the actual effect of compensation law on people seeking compensation. Tort law, workers’ compensation, medical law, industrial injury law and other schemes are examined and unintended consequences for injured people are considered. These include ongoing physical and mental illness, failure to rehabilitate, the impact on social security entitlements, medical care as well as the impact on those who serve – the lawyers, administrators, medical practitioners etc. All are explored in this timely and fascinating book. The contributors include lawyers, psychologists, and medical practitioners from multiple jurisdictions including Australia, the Netherlands, Canada, Italy and the UK.
Prue Vines is Co-Director of the Private Law Research and Policy Group at the Faculty of Law, University of New South Wales.
Arno Akkermans is Director of the Amsterdam Law and Behaviour Institute at the Vrjie University, Amsterdam.
Sep 2020 | 9781509927999 | 312pp | Hbk | RSP: £70
Discount Price: £56
Order online at www.hartpublishing.co.uk – use the code UG6 at the checkout to get 20% off your order!
The Legacies of Institutionalisation
Disability, Law and Policy in the ‘Deinstitutionalised’ Community
Edited by Claire Spivakovsky, Linda Steele and Penelope Weller
This is the first collection to examine the legal dynamics of deinstitutionalisation. It considers the extent to which some contemporary laws, policies and practices affecting people with disabilities are moving towards the promised end point of enhanced social and political participation in the community, while others may instead reinstate, continue or legitimate historical practices associated with this population’s institutionalisation. Bringing together 20 contributors from the UK, Canada, Australia, Spain and Indonesia, the book speaks to overarching themes of segregation and inequality, interlocking forms of oppression and rights-based advancements in law, policy and practice. Ultimately this collection brings forth the possibilities, limits and contradictions in the roles of law and policy in processes of institutionalisation and deinstitutionalisation, and directs us towards a more nuanced and sustained scholarly and political engagement with these issues.
Claire Spivakovsky is Senior Lecturer in Criminology at the University of Melbourne.
Linda Steele is Senior Lecturer at the Faculty of Law, University of Technology Sydney.
Penelope Weller is Professor at the Graduate School of Business and Law, RMIT University.
Jul 2020 | 9781509930739 | 272pp | Hbk | RSP: £65
Discount Price: £52
Order online at www.hartpublishing.co.uk – use the code UG6 at the checkout to get 20% off your order!
21.08.2020
Mental Health Homicide and Society
Understanding Health Care Governance
David P Horton
A homicide committed by a mentally disordered person who is under the care of health service professionals is a shocking event. Otherwise known as a ‘patient homicide’, these incidents are followed by an investigation into the care and treatment received by the perpetrator. These investigations are often regarded as a way to ‘learn lessons’, establish accountability and provide catharsis to families and the public. The book argues however that patient homicide events and the circumstances in which they occur are communicated about within closed systems of life (eg law, medicine). These systems operate according to unique internal logics. The communications produced by these systems, nevertheless, resonate in society and enable a diverse and complex space of governance to emerge – a space of governance in which universal understandings about patient homicides, health care, public safety and risk are unachievable.
The Scottish Government initiated reform of their patient homicide investigation procedures in 2017 and plans to reform patient homicide investigations in England are slowly germinating. This original and compelling book is therefore a timely and important contribution. It concludes that health policy makers should re-evaluate their normative commitments to patient homicide risk reduction in a world of disharmony, objection and resistance.
David P Horton is Lecturer in Law at the University of Liverpool.
September 2019 | 9781509912148 | 256pp | Hardback | RSP: £70
Discount Price: £56
Order online at www.hartpublishing.co.uk – use the code CV7 at the checkout to get 20% off your order!
Parental Rights, Best Interests and Significant Harms
Medical Decision-Making on Behalf of Children Post-Great Ormond Street Hospital v Gard
Edited by Imogen Goold, Jonathan Herring
and Cressida Auckland
This timely collection brings together philosophical, legal and sociological perspectives on the crucial question of who should make decisions about the fate of a child suffering from a serious illness. In particular, the collection looks at whether the current ‘best interests’ threshold is the appropriate boundary for legal intervention, or whether it would be more appropriate to adopt the ‘risk of significant harm’ approach proposed in Gard. It explores the roles of parents, doctors and the courts in making decisions on behalf of children, actively drawing on perspectives from the clinic as well as academia and practice. In doing so, it teases out the potential risks of inappropriate state intrusion in parental decision-making, and considers how we might address them.
Imogen Goold is Associate Professor and Jonathan Herring is Professor at the Faculty of Law, University of Oxford.
Cressida Auckland is Assistant Professor in the Department of Law at London School of Economics and Political Science.
Nov 2019 | 9781509924899 | 256pp | Hbk | RSP: £60
Discount Price: £48
Order online at www.hartpublishing.co.uk – use the code CV7 at the checkout to get 20% off your order!
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- 35% discount offer from Edward Elgar Publishing
THE INTERNATIONAL LAW OF BIOTECHNOLOGY book
Human Rights, Trade, Patents, Health and the Environment
Matthias Herdegen, University of Bonn, Germany
Biotechnology is a field that inspires complex legal and ethical debates on an international scale. Taking a
fresh approach to the subject, Matthias Herdegen provides a comprehensive assessment of the regulation of
biotechnology processes and products from an international and comparative perspective.
Herdegen explores how regulatory approaches to controversial issues such as: stem cell research and cloning
and gene therapy differ across jurisdictions due to conflicting values and risk perceptions. The book goes on to
examine how international regulatory instruments aim to address these conflicting perspectives and provide
judgments based on broad international consensus. Chapters explore the interaction between biotechnology
and different fields of law including: human rights, intellectual property, trade law and environmental law. In
doing so, a number of complex issues are raised such as the need to balance commercial interests with sociocultural considerations and the need to ensure respect for human dignity in the pursuit of biomedical research.
Providing a concise and accessible guide to a complex field of international law, this book will be of great value
to those researching the law and regulation of biotechnology, biomedicine and biodiversity both within the EU
and on an international scale. The book will also be a useful resource for practicing lawyers as it includes sources
from a diverse range of legal systems and analyses relevant decisions by international adjudicatory bodies.
To read the book flyer, please, click here.
To take advantage of the discount offer, please, visit Edward Elgar Publishing website, add the book to the basket, then click on 'your basket' and enter HERD35 in the discount code box before checkout.
Alternatively, you can email: sales@e-elgar.co.uk
25.02.2019
- Medicalism and the Mental Health Act book
John Fanning
Ten years have passed since the Mental Health Act (MHA) 2007 came into force in England. An amending statute, the Act reformed the MHA 1983 and reshaped the law governing the compulsory care and treatment of people suffering from mental disorders. Primarily driven by concerns about risk, it sought to remove legalistic obstacles to civil commitment and extend the law’s coercive reach into the community. At the time of its introduction, the 2007 Act was written off as a retrograde step and a missed opportunity for radical, rights-focused reform. Despite this, little attention has been paid to its impact in the years since.
Published to coincide with the tenth anniversary of the 2007 Act, this book offers a timely evaluation of mental health law and policy in England. It argues that the current MHA defies easy categorisation within any of the descriptive models which have customarily narrated the mechanics of civil commitment, namely ‘legalism’, ‘new legalism’, and ‘medicalism’. It therefore makes the case for a new model – new medicalism – to account for the 2007 Act’s enhancement of the discretion of mental health professionals for the express purposes of facilitating the management of situations of risk. In doing so, the book: critically examines the problems inherent in civil commitment frameworks organised around the concept of risk; explores the theoretical foundations of new medicalism; considers the challenges facing proponents of future reform in the era of the UN Convention on the Rights of Persons with Disabilities; and, reflects on the 2007 Act’s practical impact.
John Fanning is Lecturer in Law at the University of Liverpool.
August 2018 | 9781509907663 | 344pp | Hardback | RSP: £75
Discount Price for EAHL members: £60
Order online at www.hartpublishing.co.uk – use the code CV7 at the checkout to get 20% off your order!
To read about the book, please visit Hart Publishing company's website here.
25.09.2018
- Message from Ukranian NCP on recent medical law books:
Dear colleagues!
I present to you information on the books on medical law, which came out in 2018 in Ukraine and enriched the domestic scientific source base on medical law. The work of authors consists of monographs, textbooks, and methodical recommendations, prepared for such practitioners as medical staff, lawyers of the health care system, etc. I hope that the literary heritage has also enriched the international scientific treasury of medical law.
Sincerely,
Iryna Senyuta
National Contact Person of EAHL in Ukraine
To read about the books, please, click here
10.09.2018