Medical Law & the Power of Life and Death (Final 04-07-06).pdf (301.17 kB)
Medical law and the power of life and death
The purpose of this article is to offer an analysis of the nature of contemporary legal power over the ending of human life in medical contexts. Drawing on Michel Foucault’s characterisations of power relations in the sphere of life and death in The History of Sexuality, Vol. I, it is argued that, in its current regulation of the ending of human life in this area, law displays elements of two of those modes, or forms, of power identified by Foucault – the juridical and the disciplinary. This argument is illustrated by reference to two recent cases – Re A (Children) and Re B (an adult: refusal of medical treatment) – and set against a background of shifting modes of governmentality (here, the movement from medicalisation to legalisation). Through an analysis of the forms of legal power in this particular context, the article also has a broader purpose – to advance an alternative approach to the question of power within the academic medical law field. Specifically, unlike the standard form of legal academic inquiry in this area – that is, one which is driven mainly by a concern for ethics and resolving ethical dilemmas – it is suggested that an appreciation of the importance that institutional context(s) and requirements play in medical law is necessary if we are to understand fully both the factors constitutive of legal power and the subtle, and often controversial, effects that flow from the manner in which it is exercised and asserted.
History
Publication status
- Published
File Version
- Accepted version
Journal
International Journal of Law in ContextISSN
1744-5523Publisher
Cambridge University PressExternal DOI
Issue
2Volume
2Page range
137-157Pages
21.0Department affiliated with
- Law Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2012-02-06First Open Access (FOA) Date
2017-05-12First Compliant Deposit (FCD) Date
2017-05-12Usage metrics
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