- Title Pages
- Editors’ Preface
- Notes on Contributors
- Table of Cases
- Table of Statutes, Conventions, ETC
- The NHS in Private Hands? Regulating Private Providers of NHS Services
- Health Care Information Technology and Provider Accountability: A Symbiotic Relationship
- The Manipulation of Medical Practice
- Clinical Guidelines, Negligence and Medical Practice
- Threatening Behaviour? The Challenge Posed by Medical Negligence Claims
- Information, Decisions, and the Limits of Informed Consent
- Patient Autonomy—A Turn in the Tide?
- Legal Limits: When does Autonomy in Health Care Prevail?
- Law, Society, and the New Genetics
- <b>The Ethics of Human Cloning</b>
- Written in Code: Diversity and the New Genetics
- Gene Therapy—Cure or Challenge?
- Protecting the Unborn Child from its Drug or Alcohol Abusing Mother
- Status of the Embryo in the Light of Islamic Jurisprudence
- Can We Leave the Best Interests of Very Sick Children to their Parents?
- The Caesarean Section Cases and the Supremacy of Autonomy
- Policing Pregnancy: Rights and Wrongs
- The Gifts of Life-Donating Gametes and the Consequences
- Consent and Intent: The Legal Differences in Assisted Reproductive Treatments
- Symbolic Harm and Reproductive Practices
- Viagra is Coming! the Rhetoric of Choice and Need
- The Politics of Paternity: Foetal Risks and Reproductive Harm
- Research on Human Subjects, Exploitation, and Global Principles of Ethics
- Government Priorities for Biomedical Research: What Does Justice Require?
- Health Research with Children: the New Zealand Experience
- Medical Data, New Information Technologies, and the Need for Normative Principles Other than Privacy Rules
- Pre-Employment Health Screening
- Human Organ Transplant Ordinance: Facilitating Adult Live Donor Transplants?
- Thrift-Euthanasia, in Theory and in Practice: A Critique of Non-Heart-Beating Organ Harvesting
- The Comatose Pregnant Woman: Abortion and the Substituted-Judgement Approach
- The Mental Health Act: Taking Stock of the Current Position and Thinking about the Future
- Mind and Body: Medicine and Law
Mind and Body: Medicine and Law
Mind and Body: Medicine and Law
- (p.558) (p.559) Mind and Body: Medicine and Law
- Law and Medicine
- Oxford University Press
This chapter examines the ways clinical medical practice and the courts, in applying legal principles, consider how the mind and body operate and how they interact. Having given a very general account of developments in modern neuroscience, it pays special attention to the apparent paradox that medical practice, which might reasonably be believed to have ready access to the fruits of neuroscientific research, is reluctant, on the whole, to accept that mental processes originate in the brain; whereas the law, in both its civil and criminal aspects, with no claim to any sophisticated understanding of neurobiological processes, is seemingly able to accept the interaction. The chapter concludes by trying to understand and explain these different approaches taken by the two professions.
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