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  1. Seminar One - The Value of Life and the Meaning of Death 16 items
    1. Essential Reading 8 items
      1. Overview 2 items
        1. Mason and McCall Smith's Law & medical ethics - G. T. Laurie, Shawn Harmon, Gerard Porter, J. K. Mason 2016

          Book Essential See: Chapter 16, ‘The Diagnosis of Death’, pp.568-580.

        2. Medicine, patients and the law - Margaret Brazier, Emma Cave 2016

          Book Essential See: Chapter 16, ‘Defining Death’, pp.507-515.

      2. Cases to be aware of 1 item
        1. [1981] 1 W.L.R. 690 - Lord Lane C.J., Ormrod L.J. and Smith J. 1981 March 17(c) Incorporated Council of Law Reporting for England & Wales

          Legal Case Document Essential

      3. Recommended Commentaries 5 items
        You should read at least three of these sources in preparation for the class.
        1. Human rights: How certain is death? - Seamus Burns

          Legal Case Document Essential

        2. Euthanasia, ethics, and public policy: an argument against legislation - John Keown c2002

          Book Essential See: esp. Chapter 4 – ‘The Value of Human Life’.

        3. Life's dominion: an argument about abortion and euthanasia - Ronald Dworkin 1993

          Book Essential See: Chapter 3 – ‘What is Sacred?’, pp. 68-102.

        4. The value of life - John Harris, Ebooks Corporation Limited 1985 (electronic resource)

          Book Essential See: Chapter 1 (although there are a number of useful chapters throughout this text); see also chapters 5 and 12.

        5. Causing death and saving lives - Jonathan Glover 1990, c1977

          Book Essential See: Chapter 3 – The Sanctity of life’, pp.39 – 59.

    2. Further Reading 8 items
      You should ensure you are at least aware of the Professional Guidance.
      1. The elimination of morality: reflections on utilitarianism and bioethics - Anne Maclean c1993

        Book  See: In particular, you may like to consider Maclean’s critique of John Harris’s ‘personhood’ approach in Chapter 7, entitled ‘The Value of Life’.

      2. Stanford Encyclopedia of Philosophy

        Book  See: Grazia D. The Definition of Death

  2. Seminar Two – The Permanent Vegetative State 41 items
    1. Essential Reading 38 items
      1. Overview 2 items
        1. Mason and McCall Smith's Law & medical ethics - G. T. Laurie, Shawn Harmon, Gerard Porter, J. K. Mason 2016

          Book Essential See: Chapter 15, ‘Medical Futility’, pp.516-569.

      2. Incapacity Legislation – relevant to this and subsequent seminars 8 items
        You should be aware of the procedure for making decisions about adults who lack capacity to make decisions for themselves although this will be considered further in the next two seminars.
        1. England and Wales 4 items
          1. Mental Capacity Act Code of Practice

            Document Essential See: esp. Chs 1-9 and 15. This Code of Practice provides guidance on applying the Act.

          2. For and overview see:

          3. Social Care Institute for Excellence (SCIE)

            Webpage Essential See: At A Glance: Mental Capacity Act 2005 (2010).

        2. Scotland 4 items
          1. For an overview see:

      3. Cases 12 items
        1. [1993] 2 W.L.R. 316 - Lord Keith of Kinkel, Lord Goff of Chieveley, Lord Lowry, Lord Browne-Wilkinson and Lord Mustill Sir Thomas Bingham M.R., Butler-Sloss and Hoffmann L.JJ. Sir Stephen Brown P.1992 Dec. 14, 15, 16; 1993 Feb. 41992 Dec. 1, 2, 3; 91992 Nov. 12, 13; 19(c) Incorporated Council of Law Reporting for England & Wales

          Legal Case Document Essential Bland is possibly the single most important case in relation to this course. You should find time to read both the Court of Appeal and House of Lords judgments in full.

        2. [2001] 2 W.L.R. 942 - Dame Elizabeth Butler-Sloss P2000 Oct 5, 6; 25(c) Incorporated Council of Law Reporting for England & Wales

          Legal Case Document Essential

        3. [2004] EWHC 1879 (Admin) - Munby J2004 Feb 26, 27, March 1; July 30(c) Incorporated Council of Law Reporting for England & Wales

          Legal Case Document Essential First instance. The first instance judgment is most relevant to this class, especially that part pertaining to Article 3 of the European Convention on Human Rights.

        4. [2005] EWCA Civ 1003 - /2086Court of Appeal (Civil Division)28 July 2005Before: Lord Phillips of Worth Matravers , MR Lord Justice Waller and Lord Justice Wall Thursday 28th July, 2005Crown copyright

          Legal Case Document Essential

        5. [2011] EWHC 2443 (Fam) - 483Court of Protecton28 September 2011Before: The Hon Mr Justice Baker Date: 28/09/2011Crown copyright

          Legal Case Document Essential

        6. [2011] EWHC 2443 (Fam) - 483Court of Protecton28 September 2011Before: The Hon Mr Justice Baker Date: 28/09/2011Crown copyright

          Legal Case Document Essential

        7. [2013] EWHC 78 (COP) - 4253Court of Protection23 January 2013Before: The Honourable Mr Justice Peter Jackson Date: 23/1/2013Crown copyright

          Legal Case Document Essential

        8. [2014] EWCOP 16 - 8359Court of Protection21 July 2014Before: Mrs Justice Pauffley Date: 21/07/2014Crown copyright

          Legal Case Document Essential

        9. [2014] EWCOP 49 - 1264Court of Protection27 November 2014Before: The Honourable Mr Justice Baker Date: 27/11/2014Crown copyright

          Legal Case Document Essential

        10. [2015] EWCOP 42 - 1732Court of Protection26 June 2015Before: Mr Justice Newton Date: 26/06/2015Crown copyright

          Legal Case Document Essential

      4. Cases to be aware of 3 items
        1. NHS TRUST A v H 2001

          Legal Case Document Essential

        2. [2010] EWHC 3448 (FAM) - 0872High Court of Justice Family Division Court of Protection17 November 2010Before: Mr. Justice Ryder Date: Wednesday, 17th November 2010Crown copyright

          Legal Case Document Essential

      5. Commentaries 13 items
        You should read at least one (preferably both) of the following two critiques of the Bland decision.
        1. You should try to read at least 3 of these sources in preparation for the class, in addition to either the BMA or the RCP guidance.

        2. For a brief overview see here:

    2. Other Resources 3 items
      1. BMA - Withdrawing or withholding artificial nutrition and hydration

        Webpage  Early in 2012, the BMA held a major conference - Morals and Medicine. Actors dramatised a scenario of a patient in a minimally conscious state and the discussions between her husband and her doctor about the possibility of withdrawing artificial nutrition and hydration. Read more on the issue and watch the dramatisation.

  3. Seminar 3 29 items
    This reading will build upon the reading from Seminar Two and make way for Seminar Four.
    1. Incapacity Legislation – relevant to this and subsequent seminars 6 items
      1. England and Wales 3 items
        1. Mental Capacity Act Code of Practice

          Document  See: esp. Chs 1-9 and 15. This Code of Practice provides guidance on applying the Act.

        2. Social Care Institute for Excellence (SCIE)

          Webpage  See: At A Glance: Mental Capacity Act 2005 (2010).

      2. Scotland 3 items
    2. Cases 7 items
      1. [1994] 1 W.L.R. 290 - Thorpe J.1993 Oct. 8, 11; 14(c) Incorporated Council of Law Reporting for England & Wales

        Legal Case Document 

      2. [2004] EWHC 1879 (Admin) - Munby J2004 Feb 26, 27, March 1; July 30(c) Incorporated Council of Law Reporting for England & Wales

        Legal Case Document 

      3. [2005] EWCA Civ 1003 - /2086Court of Appeal (Civil Division)28 July 2005Before: Lord Phillips of Worth Matravers , MR Lord Justice Waller and Lord Justice Wall Thursday 28th July, 2005Crown copyright

        Legal Case Document 

      4. [2004] EWCA Civ 1324 - Brooke , Clarke and Maurice Kay LJJ 2004 Sept 17(c) Incorporated Council of Law Reporting for England & Wales

        Legal Case Document 

    3. Commentaries 16 items
      You should try to read at least 3 sources in advance of the class.
  4. Seminar 4 46 items
    The reading builds on materials in previous seminars which may also be helpful to refer to.
    1. Mason and McCall Smith's Law & medical ethics - G. T. Laurie, Shawn Harmon, Gerard Porter, J. K. Mason 2016

      Book  See: Chapter 4 (pp. 87-89) and 18 (pp. 619-621). Though this is brief you may find the coverage of broader issues in these chapters useful.

    2. Legislation 2 items
    3. Cases 10 items
      1. See also relevant WH/WD cases from seminar three, in particular:

    4. Commentaries 12 items
      You should try to read these sources in advance of class.
      1. Life's dominion: an argument about abortion and euthanasia - Ronald Dworkin 1993

        Book  See: Chapter 7: ‘Life past reason’.

      2. In addition, you should read at least two of the following articles in preparation for the class:

      3. Stanford Encyclopedia of Philosophy

        Book  See: Jaworksa, A. Advance directives and substitute decision-making. A useful summary of different viewpoints .

    5. Additional Reading 17 items
      1. Assisted dying: reflections on the need for law reform - Sheila McLean, Dawson Books 2007 (electronic resource)

        Book 

      2. Assisted dying and legal change - Penney Lewis, Oxford University Press 2007 (electronic resource)

        Book 

      3. Voluntary euthanasia and the common law - Margaret Otlowski, Oxford University Press 2000 (electronic resource)

        Book 

      4. Sometimes a small victory - Sheila McLean, Alison Britton, Frontline Scotland, System Three (Scotland) Limited 1996

        Book 

      5. Life's dominion: an argument about abortion and euthanasia - Ronald Dworkin 1993

        Book 

    6. Other Resources 4 items
      1. Medical law and ethics - Jonathan Herring 2016

        Book  See: pp. 505-507, 516-521, 545-548.

      2. Text, cases and materials on medical law and ethics - Marc Stauch, Kay Wheat 2015

        Book  See: pp. 99, 542- 601.

  5. Seminar 5 Assisted Suicide 61 items
    1. Overview 3 items
      1. Medical law: text, cases, and materials - Emily Jackson 2016

        Book  See: Chapter 17.

      2. Medicine, patients and the law - Margaret Brazier, Emma Cave 2016

        Book  See: Chapter 19, The End of Life.

    2. Legislation and Most Recent Bills, Parliamentary Briefings and Reports 13 items
      1. England and Wales 9 items
        1. Assisted Dying (No. 2) Bill 2015-16 — UK Parliament

          Document  Introduced June 2015 as a private members Bill by Rob Marris. This is essentially the same as Lord Falcolner’s Bill, so it remains useful to look at material on that, but it will be debated first in the House of Commons. 1st debate expected 11th September 2015.

        2. Assisted Dying Bill (HL Bill 25 2015-16)

          Document  Introduced 4 June 2015 (Lord Falconer reintroduced his previous Bill to the HL but he only won 21st place in the peers lottery for private legislation, so recommended that an MP who secured a higher ballot place use it to introduce legislation. Rob Marris did this, above).

        3. For the previous Bill which failed:

        4. Assisted Dying Bill (HL Bill 6 2014-15)

          Document  Introduced by 6 June 2014 by Lord Falcolner – ran out of time before the 2015 general election.

      2. Scotland 4 items
        1. Assisted Suicide (Scotland) Bill

          Document  SP Bill 40, as introduced 13 November 2013 (rejected after the stage 1 debate: 27 May 2015) (Margo MacDonald’s Bill).

    3. Prosecutorial Policy – England and Wales 6 items
      1. The CPS : Assisted Suicide

        Webpage  Further information on the policy and its use in recent cases.

      2. For background see:

    4. Commentaries 15 items
      1. Scotland 4 items
        1. Purdy in Scotland: We Hear But Should We Listen? - S. A. M. McLean, C. Connelly, J. K. Mason 2009

          Article 

      2. England and Wales and General Issues 8 items
        1. Medical Law Review 2010

          Journal  This edition contains several excellent articles.

      3. Overseas Jurisdictions 3 items
    5. Cases 12 items
      1. R v Reed [1982] Crim LR 819

        Legal Case Document  Available in print only.

      2. Nicklinson v UK (admissibility) (2015) 61 EHRR SE7

        Legal Case Document  Although the Nicklinson case will be discussed in the class on Euthanasia.

    6. Past Attempts to Change the Law 8 items
      1. England and Wales 4 items
        1. The Coroners and Justice Bill 2008-9

          Document  During the passage of the Bill through the House of Lords Lord Falconer of Thoroton proposed to amend the Government's proposal in such a way as to exempt from its definition of encouraging or assisting suicide acts designed to assist persons who had been certified by two medical practitioners as being terminally ill and who wished to seek assisted suicide in other jurisdictions where that practice was legal. Lord Falconer's Amendment was defeated by 194 votes against 141. The Bill became The Coroners and Justice Act 2009 which did make amendments to the definitions in the Suicide Act 1961.

      2. Scotland 4 items
        1. End of Life Assistance (Scotland) Bill

          Document  The Parliament disagreed to the general principles of the Bill on 1 December 2010 and the Bill therefore fell.

    7. Other Resources 4 items
      1. Healthcare Professionals for Assisted DyingHome

        Website  Pressure Group in support of 'dignity in dying'.

      2. Care Not Killing

        Website  Pressure Group opposing euthanasia and assisted suicides.

  6. Professional Guidance 2 items
  7. Seminar 6 35 items
    1. Overview 4 items
      1. Mason and McCall Smith's Law & medical ethics - G. T. Laurie, Shawn Harmon, Gerard Porter, J. K. Mason 2016

        Book  See: Chapter 18: Euthanasia and Assistance in Dying.

      2. Assisted dying: reflections on the need for law reform - Sheila McLean, Dawson Books 2007 (electronic resource)

        Book 

      3. Debating euthanasia - Emily Jackson, John Keown c2012

        Book  A number of useful chapters.

      4. Medical law: text, cases, and materials - Emily Jackson 2016

        Book  See: Chapter 17.

    2. Euthanasia 31 items
      1. Cases 3 items
      2. Commentaries 9 items
        1. Causing death and saving lives - Jonathan Glover 1990, c1977

          Book  See: Chapters 6 and 14.

        2. The value of life - John Harris, Ebooks Corporation Limited 1985 (electronic resource)

          Book  See: Section 4: Killing: A Caring Thing To Do?

        3. Euthanasia, ethics, and public policy: an argument against legislation - John Keown c2002

          Book  See: parts III and IV.

        4. Voluntary euthanasia and the common law - Margaret Otlowski, Oxford University Press 2000 (electronic resource)

          Book  See: particularly Section 1(II): Doctors’ Criminal Liability for Acts Which Cause Death.

        5. Applied ethics - Peter Singer 1986

          Book  See: Rachels, J. ‘Active and Passive Euthanasia’.

        6. Intention and causation in medical non-killing: the impact of criminal law concepts on euthanasia and assisted suicide - Glenys O. Williams 2007

          Book  See: Chapters 1, 2 and 3.

      3. For a comparative study with other jurisdictions (especially the Netherlands and Belgium), see: 7 items
        1. Euthanasia and law in Europe - John Griffiths, Heleen Weyers, Maurice Adams, Academic Rights Press 2008 (electronic resource)

          Book 

        2. Euthanasia, ethics, and public policy: an argument against legislation - John Keown c2002

          Book  See: Chapters 8-13.

        3. Euthanasia examined: ethical, clinical and legal perspectives - John Keown 1997

          Book  See: Keown, J. 'Euthanasia in the Netherlands: sliding down the slippery slope?'

      4. Further Reading 12 items
  8. Seminar 7 2 items
    1. See reading from seminars 5 & 6.

    2. But focus should be placed on Margo's consultation (2010 and, particularly, 2013), the APPG Consultation (2012) and the Commission on Assisted Dying - Final Report (2012) and the Assisted Suicide Bill  [HL 2014]. Reference should also be made to other systems in which Assisted Dying is legally available. However, all such issues will be discussed during the Activity.

  9. SEMESTER TWO - The Semester two reading list is currently being updated - lists that are updated are marked as Final version.

  10. INTRODUCTION – GENETICS, ETHICS AND THE LAW (Final version) 6 items
    1. Genetic Information in the Age of Genohype - Péter Kakuk 12/2006

      Article Essential

    2. Can we learn from eugenics? - D. Wikler 01/04/1999

      Article Essential

    3. Genetics, Health and Disease - A. Stewart, P. Brice 2004

      Document Further

  11. GENETIC INFORMATION 1 – FAMILIAL INTERESTS, CONFIDENTIALITY AND A DUTY TO DISCLOSE (Final version) 22 items
    1. Essential reading 10 items
      1. The status of the family in law and bioethics: the genetic context - Roy Gilbar 2005

        Book Essential See: Chapter 4 ‘Medical Confidentiality and Genetic Privacy’.

      2. Human Tissue Act 2004 c. 30Arrangement of Act

        Legal Case Document Essential See: s. 45; Schedule 4, Parts 1 & 2.

    2. Further reading 12 items
      1. The right to know and the right not to know: genetic privacy and responsibility 2014

        Book Further See: Husted, Jørgen ‘Autonomy and a Right Not to Know’ followed by Laurie, G. ‘Privacy and the Right Not to Know: A Plea for Conceptual Clarity’ Chapters 2 and 3 respectively.

      2. Medical negligence: non-patient and third party claims - Rachael P. Mulheron c2010

        Book Further See: Mulheron, R. ‘Contraction or Inheritance of Disease by Non-Patients from Patients’ Chapter 4. Note that this Chapter pre-dates ABC v St George’s Healthcare NHS Trust.

  12. GENETIC INFORMATION 2 - INSURANCE AND EMPLOYMENT 14 items
    1. Essential reading 11 items
      1. The following articles provide further perspective, so please read at least one of them. The Wilkinson articles are possibly easier to read than the Thomas one, but don't let that put you off.

      2. Please read the Concordat and Moratorium (insurance) and the Information Commissioner's Guidance (employment). They are pretty straightforward:

    2. Further reading 3 items
      1. Genetic Discrimination: International Perspectives - M. Otlowski, S. Taylor, Y. Bombard 22/09/2012

        Article 

  13. EMBRYO TESTING 21 items
    1. Essential reading 9 items
      1. For general background read:

      2. Medical law: text, cases, and materials - Emily Jackson 2016

        Book Essential See: pp. 848-867 (section pertaining to ‘Preimplantation Genetic Diagnosis’). Further information about the regulation of Assisted Conception is at pp 801-819, if you are interested, but this is not essential.

      3. Legislation and Policy Guidance: 2 items
        1. Human Fertilisation and Embryology Act 1990

          Legislation Essential See: s. 2(1) ‘Other terms’ – “treatment services”; s. 3 Prohibitions in connection with embryos; s. 11 Licences for treatment storage and research; s. 13 Conditions of licences for treatment (s. 13(5); s. 13(8) to (11)); Schedule 2, paragraphs 1, 1ZA, 1ZB, 1ZC, 1A.

        2. Code of Practice

          Document Essential See: Welfare of the Child – Guidance 8; Embryo Testing – Guidance 9 and 10; Research and Training – Guidance 22.

      4. Commentaries: 5 items
        1. Revisiting the regulation of human fertilisation and embryology - Dawson Books 2015

          Book Essential See: Snelling, J. and Gavaghan, C. (2015) ‘PGD Past and Present: Is the HFE Act 1990 now ‘Fit for Purpose’? Chapter 6, pp. 80-97.

    2. Further reading 12 items
      1. Specific issues: 5 items
        1. Sexism, Sex Selection and ‘Family Balancing’ - Stephen Wilkinson 07/2008

          Article  Note refers to HFE Bill and predates enactment of HFE Act 2008 and also refers to previous HFEA Code of Practice.

      2. Procreative beneficence: 2 items
      3. Quintavalle: 4 items
        1. OR

      4. Useful webiste: 1 item
  14. Human reproductive cloning and therapeutic cloning 24 items
    1. Please also be aware of and read a selection of news stories related to the recent announcement regarding cloned embryos.  below a couple of links to stories in Nature and Guardian

    2. Essential reading 10 items
      1. For general background read:

      2. Medical law: text, cases, and materials - Emily Jackson 2016

        Book Essential See: pp. 870-871 (very short section pertaining to ‘Human Reproductive Cloning); also Chapter 12 Embryo and stem cell research

      3. Legislation: 1 item
        1. Human Fertilisation and Embryology Act 1990

          Legislation Essential See: s. 1; s. 3; s. 3ZA; s 4A; Schedule 2 paras 3 and 3A.

      4. Commentary: 7 items
        1. On Cloning Human Beings - Inmaculada de Melo-Martin 06/2002

          Article Essential

    3. Further reading 9 items
    4. Further - pre-reform 2 items
  15. GENE THERAPY AND GENETIC MODIFICATION 39 items
    1. In the news 2 items
    2. Essential reading 14 items
      1. The following article is relatively old now, but is recommended because it is very readable, and considers the arguments for and against somatic and germline gene therapy, and enhancement clearly:

      2. The following provides a clear overview of Mitochondrial Replacement Therapy. You should note that the Regulations referred to in the Note were passed and are now in force (see below)

      3. Mitochondrial Donation - Sarah Barber

        Document Essential Good overview of background to passage of Regulations.

      4.  

        Read the following three articles together – Harris vs de Melo-Martin on Germline Modification and Mitochondrial Replacement) A lively exchange

      5.  

         

        The following articles raise various issues regarding Mitochondrial Replacement. Chau and Herring is particularly straightforward and offers a good basic outline of the 2015 Regulations.  Please try to read at least one

      6. Three parents and a baby - P.-L. Chau, J. Herring 2015

        Article Essential

    3. Further reading 4 items
      1. The Ethics of Germline Gene Editing - Christopher Gyngell, Thomas Douglas, Julian Savulescu 08/2017

        Article 

      2. Mitochondrial Replacement: Ethics and Identity - Anthony Wrigley, Stephen Wilkinson, John B. Appleby 11/2015

        Article 

    4. Legislation, etc. 3 items
      1. Human Fertilisation and Embryology Act 1990

        Legislation  See: Schedule 2 paragraph 1(4); s. 3; s. 3ZA.

    5. Things to Be Aware Of 16 items
      1. Following scientific developments with genome editing techniques, reviews have been commenced in the UK and the US examining the implications. Please be aware of the following:

      2. Genome editing - Nuffield Bioethics

        Webpage  Including Genome Editing: An Ethical Review September 2016.

      3. Human Genome Editing 2017

        Book  Note it can be read online or downloaded for free, see upper right corner of page.

      4. Please also be aware, broadly, of the regulation of Clinical trials involving gene therapy, and licensing of gene therapy medicinal products (somatic interventions):

         

        Clinical trials involving a gene therapy medicinal product require approval in line with legal requirements for clinical trials; similarly, licensing of a gene therapy medicinal product requires authorisation in line with legal requirements. We will not be considering these processes for the purpose of this seminar. If it is of interest, further detail regarding the process for approval for clinical trials involving gene therapy is described here: 

      5. And further detail regarding the process for obtaining marketing authorisation for a gene therapy medicinal product is described here:

      6. Please, however, note that the relevant clinical trials regulations contain a prohibition on authorising trials if it would result in a germ line modification: See

      7. Medicines for Human Use (Clinical Trials) Regulations 2004/1031

        Legislation  Reg 19(3) ‘The licensing authority shall not authorise a clinical trial involving products for gene therapy if the use of those products in that trial would result in modifications to any subject's germ line genetic identity.’

      8. The Regulations transposed the EU Clinical Trials Directive into UK law. See

      9. Clinical Trials Directive 2001/20/EC

        Legislation  Note Article 9(6) ‘No gene therapy trials may be carried out which result in modifications to the subject's germ line genetic identity.’

      10. Note that a new EU Clinical Trials Regulation came into force on 16 June 2014-see

      11. Regulation EU No 536/2014

        Legislation  It was stated that it would apply no earlier than 28 May 2016; it has not yet been implemented, and is expected to be implemented in 2017/18. The prohibition against germ-line modification originally in Article 9 of 2001 Directive is replicated in Article 90: ‘No gene therapy clinical trials may be carried out which result in modifications to the subject's germ line genetic identity.’) **the new rules are not yet applicable and are expected to be in 2017/18**