Conjoined Twins in UK Law
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Re A (Children) (Conjoined Twins: Surgical Separation)
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The availability of such a plea of quasi self-defence, modified to meet the quite exceptional circumstances nature has inflicted on the twins, makes intervention by the doctors lawful. The availability of such a plea of quasi self-defence, modified to meet the quite exceptional circumstances nature has inflicted on the twins, makes intervention by the doctors lawful.
The Convention does not in any way restrict a contracting state as to how the most serious form of homicide is defined in its domestic law.) The Convention does not in any way restrict a contracting state as to how the most serious form of homicide is defined in its domestic law.)
The Convention is to be construed as an autonomous text, without regard to any special rules of English law, and the word "intentionally" in Article 2(1) must be given its natural and ordinary meaning. The Convention is to be construed as an autonomous text, without regard to any special rules of English law, and the word "intentionally" in Article 2(1) must be given its natural and ordinary meaning.
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R (on the application of Nicklinson and another) v Ministry of Justice; R (on the application of AM) v DPP
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Third, the Parliamentary process is a better way of resolving issues involving controversial and complex questions of fact arising out of moral and social dilemmas. The legislature has access to a fuller range of expert judgment and experience than forensic litigation can possibly provide. It is better able to take account of the interests of groups not represented or not sufficiently represented before the court in resolving what is surely a classic "polycentric problem".
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Murray v Big Pictures (UK) Ltd
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The point that needs to be emphasized is that the assessment of the impact of the taking and the subsequent publication of the photograph on the child cannot be limited by whether the child was physically aware of the photograph being taken or published or personally affected by it. The Court can attribute to the child reasonable expectations about his private life based on matters such as how it has in fact been conducted by those responsible for his welfare and upbringing.
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Nicklinson v Ministry of Justice; R (on the applicaion of AM) v DPP
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The Policy certainly does not lead to what would otherwise be an extraordinary anomaly, that those who are brought in to help from outside the family circle, but without the natural love and devotion which obtains within the family circle, are more likely to be prosecuted than a family member when they do no more than replace a loving member of the family, acting out of compassion, who supports the "victim" to achieve his desired suicide.
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Nicklinson v Ministry of Justice [QBD]
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The first declaration is sought on the basis that the common law defence of necessity is available to a charge of murder in the case of voluntary active euthanasia and/or to a charge under section 2(1) Suicide Act 1961 in the case of assisted suicide provided that: (a) the Court has confirmed in advance that the defence of necessity will arise on the facts of the particular case; (b) the Court is satisfied that the person is suffering from a medical condition that causes unbearable suffering; there are no alternative means available by which his suffering may be relieved; and he has made a voluntary, clear, settled and informed decision to end his life; (c) the assistance is to be given by a medical doctor who is satisfied that his or her duty to respect autonomy and to ease the patient's suffering outweighs his or her duty to preserve life.
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Square Pegs in Round Holes: The Dilemma of Conjoined Twins and Individual Rights
The judgment in the English Court of Appeal case of Re A ( Conjoined Twins: Surgical Separation) highlights forcefully the highly individualistic and abstract assumptions that commonly shape the de...
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Of Shipwrecked Sailors, Unborn Children, Conjoined Twins and Hijacked Airplanes—Taking Human Life and the Defence of Necessity
Necessity is not a defence to murder. This principle has been repeated ever since R v Dudley and Stephens. Behind the arguments put forward in the debate lie the sanctity of life, the idea that one...
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Necessity as a Justification in Re A (Children)
In criminal law theory, it is common to distinguish between the defence of necessity as a justification and the defence of necessity as an excuse. However, it is sometimes said that English law doe......... Re A (Children) the Court of Appeal permitted the separation of conjoined twins although the separation would lead to the immediate death of one of ......
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FOUCAULT'S MONSTERS AND THE CHALLENGE OF LAW by ANDREW N. SHARPE
...... comparison), has handled three forms of being ± transsexuals, conjoined twins, and human/animal hybrids ± Sharpe is also presenting an argument ......