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Escaping the shackles of law at the end of life: R (Nicklinson) v Ministry of Justice [2012] EWHC 2381 (Admin).

Abstract:

This commentary discusses the decision in R (Nicklinson) v Ministry of Justice;(1) it will argue that the court should have allowed the use of the defence of necessity. It argues that the official response of the law should be to outlaw euthanasia or assisted suicide, but also to recognise that in exceptional circumstances these should be permitted. The use of the defence of necessity permits this nuanced response to the issue. The commentary also argues that the treatment of suicidal and eld...

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Publication status:
Published

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Publisher copy:
10.1093/medlaw/fwt004

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Institution:
University of Oxford
Department:
Oxford, SSD, Law, Law Faculty
Journal:
Medical law review
Volume:
21
Issue:
3
Pages:
487-498
Publication date:
2013
DOI:
EISSN:
1464-3790
ISSN:
0967-0742
URN:
uuid:d0b585e2-a5af-4ef5-8672-7b5cbc7ec49c
Source identifiers:
478572
Local pid:
pubs:478572

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