Archive for the ‘Best interests’ Category

Final HEAL seminar in this academic year’s series: Elselijn Kingma speaking on “Can a Gestator Harm her Gestatee? Physical Indistinctness and Deontological Distinctions”

In 2015, Best interests, Bioethics, Meetings, Reproduction on May 5, 2015 at 3:27 pm

We would like to welcome you to our last HEAL seminar in the series for the 2014-15 academic year. It will be held tomorrow, Wednesday, May 6th at 4pm in Room 4/4053. Our speaker will be Dr. Elselijn Kingma, who will be speaking on “Can a Gestator Harm her Gestatee? Physical Indistinctness and Deontological Distinctions”. Abstract below.

We hope you will also be able to join us for the inaugural HEAL Annual Lecture on Thursday, May 7th at 6pm.

Dr. Elselijn Kingma (Southampton)

Can a Gestator Harm her Gestatee? Physicical Indistinctness and Deontological Distinctions

ABSTRACT It is commonly asserted that pregnant women can harm their unborn child, for example by smoking or drinking alcohol. On these grounds pregnant women are increasingly not just socially, but also criminally held to task for such behaviour. In this paper I argue women cannot harm their foetuses in these particular ways. This is because the concept bringing about harm relies on a particular kind of deontological distinction that underlies both common sense morality and much of the law. This distinction is not able to accommodate the physical intertwinement and interdependence that characterises the maternal-fetal relationship. Harm-talk is therefore inappropriate, and the effects of maternal behaviour on their foetus cannot be analysed within current moral and legal frameworks.

HEAL Seminar: 14 January 2015, with Isra Black speaking on ‘Best interests (physician) assisted death’

In 2015, Best interests, Death and dying, Meetings on January 12, 2015 at 3:29 pm

Happy new year to you all.

We kick off 2015 with a HEAL seminar this week, with Isra Black from King’s College London speaking on ‘Best interests (physician) assisted death’. Isra can also be found on Twitter @israblack.

Abstract I propose a model for assisted death based on two criteria: (i) that P has made an autonomous decision; (ii) that assisted death is in P’s best interests. I argue that there is legislative space for this model despite autonomy being the principal focus of the majority of the Supreme Court in Nicklinson. I also claim that this model for physician assisted death could be brought within the medical exception, therefore bypassing the need for legislation. Finally, I attempt to show that best interests physician assisted death would be preferable to an ‘autonomy only’ model, or a model that took a medical condition or status (such as terminal illness) as a substantive criterion.

The seminar will begin at 4pm on Wednesday 14 January in room 2055, building 4 (Law staff room). All welcome.

This week’s HEAL event: ‘Sterilisation in his best interests?’ A roundtable discussion of A NHS Trust v DE

In 2013, Best interests, Capacity, Meetings, Reproduction on November 25, 2013 at 8:00 am

This week, HEAL is holding a roundtable discussion with one of our graduates, Jess Connelley, a solicitor specialising in Court of Protection issues, and Dr Andreas Dimopoulos, from Brunel Law School, on Wednesday 27 November 1-2.30pm, in building 4, room 4053.

The case of A NHS Trust v DE [2013] EWHC 2562 (Fam) hit the headlines over the summer; see for example the BBC news coverage.  Andreas was motivated to blog about the case, expressing concern with the reasoning adopted by the High Court judge in reaching her decision. In contrast, Jess blogged positively about the case, heralding it as ‘a success for the Mental Capacity Act and the Court of Protection’. The idea for a roundtable discussion emerged from Twitter exchanges thereafter, including with @juliewintrup, a member of the HEAL network at Southampton.

We hope you will join us for what promises to be an interesting and lively discussion of this case.

Please email Adrian at A.M.Viens@soton.ac.uk if you wish to attend.


Caroline Jones