IGHTS, DUTIES AND THE BODY ights, Duties and the Body Law and Ethics of the Maternal–Fetal Conflict OSAMUND SCOTT King’s College London OXFO D – PO TLAND O EGON 2002 Published in North America (US and Canada) by Hart Publishing c/o International Specialized Book Services 5804 NE Hassalo Street Portland, Oregon 97213-3644 USA Distributed in the Netherlands, Belgium and Luxembourg by Intersentia, Churchillaan 108 B2900 Schoten Antwerpen Belgium © osamund Scott 2002 osamund Scott has asserted her right under the Copyright, Designs and Patents Act 1988, to be identified as the author of this work Hart Publishing is a specialist legal publisher based in Oxford, England. To order further copies of this book or to request a list of other publications please write to: Hart Publishing, Salter’s Boatyard, Folly Bridge, Abingdon oad, Oxford OX1 4LB Telephone: +44 (0)1865 245533 or Fax: +44 (0)1865 794882 e-mail:
[email protected] WEBSITE: http//www.hartpub.co.uk British Library Cataloguing in Publication Data Data Available ISBN 1–84113–134–2 (hardback) Typeset by Hope Services (Abingdon) Ltd. Printed and bound in Great Britain by Biddles Ltd, www.biddles.co.uk To iccardo and my parents Acknowledgements Since a much earlier incarnation of this book was a doctoral thesis, my greatest debt is to my supervisor, Professor Andrew Grubb. How difficult was the task of supervising a student with a background in philosophy and law in the production of a thesis that would be satisfactory in both respects, only he can say. For my part, I can report that he always received my work with interest and enthusiasm, offered invaluable criticism (without which the work would have been much the poorer) and, not least, great encouragement. I thank him for the opportunity to work with him and learn from his abundant and astute knowledge of medical law (and much else besides) and for the skilful blend of help and freedom he gave me in this process. I am also deeply grateful to my publisher, ichard Hart, for his decision to accept my book proposal. The philosophical sections of the book greatly benefited from the guidance and criticism of Ms Pat Walsh and Dr oger Crisp. Pat Walsh read drafts of Part I, providing careful and imaginative criticism in the process. I thank her for the generosity of her assistance. For similar generosity I am also indebted to oger Crisp, who helped with Part I, and a section in chapter seven. For his thoughtful comments, judicious criticism and encouragement I am very grateful. I would also like to