Medical Law and Ethics — Overview
Discussion Groups
These self-sustaining groups are an essential part of the life of our graduate school. They are organised in some cases by graduate students and in others by Faculty members and meet regularly during term, typically over a sandwich lunch, when one of the group presents work in progress or introduces a discussion of a particular issue or new case. They may also encompass guest speakers from the faculty and beyond.
Publications
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J J W Herring and Charles Foster, '"Please don't tell me": The Right Not to Know' (2011) 21 Cambridge Quarterly of Healthcare Ethics 1 [...]
discussion of the right not to know
S Green, 'A Game of Doctors and Purses' (2006) Medical Law Review 1
J J W Herring, M Richards, M Johnson and F Ebtehaj (eds), Birth Rites and Rights (Hart 2011) [...]
A book examining birth from a range of disciplines and perspectives
J J W Herring and Charles Foster, 'Blaming the patient: contributory negligence in medical malpractice litigation' (2009) 25 Journal of Professional Negligence 76 [...]
A discussion of the role of contributory neglignece in clinical negligence.
J J W Herring, 'Caregivers in Medical Law and Ethics' (2008) 25 Journal of Contemporary Health Law and Policy 1 [...]
An article discussing the legal and ethical significance of caring
Courses
The courses we offer in this field are:
Undergraduate
FHS - Final Year (Phase III)
The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe) and (for students who began the course in October 2011 or later) an essay in Jurisprudence written over the summer vacation at the end of the second year. Note: the Jurisprudence exam at the end of the third year is correspondingly shorter. This phase of the Final Honour School includes the first and second term of the final year; the Final Examinations are taken in the third term of the final year.
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This course covers selected legal, ethical and medical issues arising in medical practice and research. It focuses on issues of consent, autonomy and best interests of the patient and other interested parties, and how these create intersections with other areas of law, such as tort, criminal and personal property law.
Four core areas of medical law are covered: intentional torts and clinical negligence; reproductive medicine and rights; organ donation and transplantation; and end of life issues. Lectures cover both the legal and ethical issues arising in those areas of medicine, and assume knowledge of the relevant law already covered in the Law Moderations Criminal Law course, and the FHS Tort Law course. Students will be encouraged to take a critical approach and consider where the law may require reform, drawing on the legal and ethical literature to support their views. The course also includes lectures on reasoning in ethics, which will cover various methodologies in ethics for determining about how to act, to give students a grounding in how conclusions about ethical issues are reached (and critiqued), and on a range of issues in medical ethics not covered elsewhere in the course.
The subject is through five tutorials and a series of 20 lectures. The lectures are intended to be interactive and students should be expect to be called upon to participate in discussion and debate. Lectures will cover the syllabus, and a number of guest lecturers will also speak on topics of interest in medical ethics. These guests will include barristers, medical practitioners, religious leaders and members of the Uehiro Centre for Practical Ethics.
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Diploma in Legal Studies
A one-year sample of courses from our BA programmes, aimed only at students visiting from our partner universities.
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This course covers selected legal, ethical and medical issues arising in medical practice and research. It focuses on issues of consent, autonomy and best interests of the patient and other interested parties, and how these create intersections with other areas of law, such as tort, criminal and personal property law.
Four core areas of medical law are covered: intentional torts and clinical negligence; reproductive medicine and rights; organ donation and transplantation; and end of life issues. Lectures cover both the legal and ethical issues arising in those areas of medicine, and assume knowledge of the relevant law already covered in the Law Moderations Criminal Law course, and the FHS Tort Law course. Students will be encouraged to take a critical approach and consider where the law may require reform, drawing on the legal and ethical literature to support their views. The course also includes lectures on reasoning in ethics, which will cover various methodologies in ethics for determining about how to act, to give students a grounding in how conclusions about ethical issues are reached (and critiqued), and on a range of issues in medical ethics not covered elsewhere in the course.
The subject is through five tutorials and a series of 20 lectures. The lectures are intended to be interactive and students should be expect to be called upon to participate in discussion and debate. Lectures will cover the syllabus, and a number of guest lecturers will also speak on topics of interest in medical ethics. These guests will include barristers, medical practitioners, religious leaders and members of the Uehiro Centre for Practical Ethics.
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Postgraduate
BCL
Our taught postgraduate programme, designed to serve outstanding law students from common-law backgrounds
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The Medical Law and Ethics course provides students with the opportunity to develop a critical understanding of the legal and ethical difficulties that arise in the provision of health care. The primary focus will be on UK law, but the issues to be covered have global relevance and we encourage students to contribute insights from other jurisdictions wherever possible. Students must be prepared to read many types of material and to consider how legal, ethical and policy issues interact. There are no prerequisites for this course.
Topics to be covered include consent to treatment, the regulation of medical research, confidentiality in the doctor-patient relationship, abortion, ownership of body parts and organ donation, death and dying, medical negligence, public health, and the rationing of health care resources in the UK National Health Service. As the course progresses, we will also encourage students to be aware of the current issues in medical research and healthcare provision that are being reported in the media.
The course will be taught by Dr Imogen Goold, Dr Jonathan Herring and Dr Jane Kaye with contributions from other members of the faculties of law and medicine in Oxford, and visiting speakers. There will be twelve seminars, eight in Michaelmas Term and four in Hilary Term, and four tutorials, one in Michaelmas and three in Trinity. The seminars will involve extensive class participation and the tutorials will provide an opportunity to practise essay writing and to prepare for the examination.
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MJur
Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.
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The Medical Law and Ethics course provides students with the opportunity to develop a critical understanding of the legal and ethical difficulties that arise in the provision of health care. The primary focus will be on UK law, but the issues to be covered have global relevance and we encourage students to contribute insights from other jurisdictions wherever possible. Students must be prepared to read many types of material and to consider how legal, ethical and policy issues interact. There are no prerequisites for this course.
Topics to be covered include consent to treatment, the regulation of medical research, confidentiality in the doctor-patient relationship, abortion, ownership of body parts and organ donation, death and dying, medical negligence, public health, and the rationing of health care resources in the UK National Health Service. As the course progresses, we will also encourage students to be aware of the current issues in medical research and healthcare provision that are being reported in the media.
The course will be taught by Dr Imogen Goold, Dr Jonathan Herring and Dr Jane Kaye with contributions from other members of the faculties of law and medicine in Oxford, and visiting speakers. There will be twelve seminars, eight in Michaelmas Term and four in Hilary Term, and four tutorials, one in Michaelmas and three in Trinity. The seminars will involve extensive class participation and the tutorials will provide an opportunity to practise essay writing and to prepare for the examination.
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People
Medical Law and Ethics teaching is organized by a Subject Group convened by:
Imogen Goold: CUF Lecturer and
Jonathan Herring: Professor of Law
in conjunction with:
Anne Davies: Professor of Law and Public Policy
Charles Foster: Research Associate, the Ethox Centre, Department of Public Health
Laura Hoyano: Hackney Fellow & Tutor in Law and CUF Lecturer
Jane Kaye: Director of the Centre for Law, Health and Emerging Technologies at Oxford: HeLEX
assisted by:
Kate Greasley: DPhil Law student
Jesse Wall: DPhil Law student
Also working in this field, but not involved in its teaching programme:
Linda Briceno: Researcher in Law, HeLEX
Heather Gowans: Researcher in Law (Part-time), HeLEX
Heather Griffin: Researcher in Law, HeLEX
Andelka Phillips: DPhil Law student
Paolo Ronchi: DPhil Law student

