Recent publications

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09.11.2019

New Medical Law Books from Hart Publishing!

1Mental 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!

 

 

2Parental 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 quoting the discount code HERD35 with your payment details.

25.02.2019


  • Medicalism and the Mental Health Act book

John Fanning

medicalismTen 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