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The Nature and Significance of the Right to Bodily Integrity
This article seeks to explain and explore the concept of bodily integrity. The concept is often elided with autonomy in the case law and the academic literature. It argues that bodily integrity is non-reducible to the ...
Human Rights Reasoning and Medical Law: A Sceptical Essay
I am sceptical as to the contribution that human rights can make to our evaluation of medical law. I will argue here that viewing medical law through a human rights framework provides no greater clarity, insight or focus. ...
Justifying and Excusing Sex
This article aligns two complementary claims: that sexual penetration (itself) should be considered a wrong and that consent requires express words and conduct that manifest a person’s willingness or acquiescence towards ...
Sexual Offences and General Reasons Not to Have Sex
This article contends that there are general (but defeasible) reasons not to engage in penetrative sex. If there are such reasons, then we are able to refute a predominant justification for the current drafting of the ...
Public Wrongs and Private Wrongs
There are a set of wrongs that are normatively distinct as ‘criminal wrongs’, and yet, there is disagreement as to ‘the basic features of criminal liability’ that explain this normative distinctiveness. The only consensus ...
The Functional-Formal Impasse in (Trust) Property
This paper identifies an impasse between two conceptions of ‘property rights’. Formal conceptions explain ‘property rights’ in terms of an alienable right to exclude, that has moral significance in terms of individuals’ ...
Human Rights Reasoning and Medical Law: A Sceptical Essay
I am sceptical as to the contribution that human rights can make to our evaluation of medical law. I will argue here that viewing medical law through a human rights framework provides no greater clarity, insight or focus. ...
The Legal Status of Body Parts: A Framework
There is legal uncertainty and academic disagreement as to the legal status of biological material that has become separated from the person. This article sets out the two criteria upon which the assessment of the legal ...
The Trespasses of Property Law
The purpose of this article is to identify a limit to the appropriate application of property law to the use and storage of bodily material. I argue here that property law ought to be limited to protecting ‘contingent ...
Capacity to Consent to Sex
‘When is it appropriate for society to intervene paternalistically in a decision or decisions that individuals make as to their sexual relations?’ With these words, Sir Brian Leveson opened the judgement of the Court of ...