Intention and Causation in Medical Non-killing

Analyses the criminal concepts of intention and causation in the medical context of euthanasia and assisted suicide. Looking at a range of disciplines, including criminal law, medical law, medical ethics, social policy, this book aims to raise awareness as to the inadequate and inappropriate legal framework within which judges operate.

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This book analyses the criminal concepts of intention and causation in the medical context of euthanasia and assisted suicide. The mens rea and actus reus elements in both are problematic, particularly in the medical scenario where motive and context are important. Presently, we implicitly condone the Middle Ground while we move along as slope governed by what has been called the law of bioethical entropy. In looking at a wide range of disciplines, including criminal law, medical law, medical ethics, philosophy and social policy, this book aims to raise awareness as to the inadequate and inappropriate legal framework within which judges operate, and to suggest a solution based on grading different categories of killing into a formalised justificatory defence. This would enable a more open and honest approach which would, in turn, provide the certainty, consistency and equality required by the law.