All Outputs (10)

Resolving Scottish paediatric end-of-life conflicts. (2022)
Journal Article
SIVERS, S. and DOWNIE, M. 2023. Resolving Scottish paediatric end-of-life conflicts. Medico-legal journal [online], 91(1), pages 46-49. Available from: https://doi.org/10.1177/00258172221135416

This article considers mediation as a means of resolving decision-making disputes between clinicians and parents in paediatric end-of-life cases. It examines the legal tests applied in England and Wales, and notes the lack of precedent in Scotland. T... Read More about Resolving Scottish paediatric end-of-life conflicts..

Pater knows best: withdrawal of medical treatment from infants in Scotland. (2020)
Journal Article
BROWN, J. and CHRISTIE, S. 2020. Pater knows best: withdrawal of medical treatment from infants in Scotland. Oxford journal of legal studies [online], 40(4), pages 682-707. Available from: https://doi.org/10.1093/ojls/gqaa019

The cases of Charlie Gard and Alfie Evans placed the withdrawal of treatment from terminally ill infants at the forefront of medical law and ethics. In the medico-legal context, Scottish court procedures materially differ from those in England. This... Read More about Pater knows best: withdrawal of medical treatment from infants in Scotland..

Advance decisions, dementia and subsequent inconsistent behaviour: a call for greater clarity in the law. (2019)
Journal Article
CHRISTIE, S. 2019. Advance decisions, dementia and subsequent inconsistent behaviour: a call for greater clarity in the law. Journal of medical law and ethics [online], 2019(1). Available from: https://www.uitgeverijparis.nl/en/reader/205341/1001426917

This paper considers the interpretation of section 25(2)(c) of the Mental Capacity Act 2005, on the relevance of subsequent inconsistent behaviour by the maker of an advance decision. Consideration of the very few cases, and analysis of how existing... Read More about Advance decisions, dementia and subsequent inconsistent behaviour: a call for greater clarity in the law..

Effective end-of-life care planning in Scotland: culture and law. (2017)
Journal Article
CHRISTIE, S. 2017. Effective end-of-life care planning in Scotland: culture and law. Journal of medical law and ethics (online), 5(1), pages 1-16. Available from: https://doi.org/10.7590/221354017X14901892827392

In the context of an ageing population, end-of-life care planning is increasingly important. The law in Scotland does not, as yet, take the active and specific steps to help address this that are evident in other jurisdictions. I contend that there a... Read More about Effective end-of-life care planning in Scotland: culture and law..

Bereaved relatives' experiences in relation to post mortem: a qualitative exploration in North East Scotland. (2015)
Journal Article
STEPHEN, A., SHEACH LEITH, V., MACDUFF, C. and CHRISTIE, S. 2015. Bereaved relatives' experiences in relation to post mortem: a qualitative exploration in North East Scotland. Bereavement care [online], 34(3), pages 103-109. Available from: https://doi.org/10.1080/02682621.2015.1108547

When a family is grieving the loss of a member the consideration of post mortem is an additional concern. This study set out to explore how relatives are supported to give authorisation and throughout the post mortem process. Thirteen relatives with... Read More about Bereaved relatives' experiences in relation to post mortem: a qualitative exploration in North East Scotland..

Making treatment decisions for the future: advance directives and the question of legislative clarity. (2013)
Journal Article
CHRISTIE, S. and ANDERSON, M. 2013. Making treatment decisions for the future: advance directives and the question of legislative clarity. Journal of medical law and ethics [online], 1(2) pages 85-109. Available from: https://www.uitgeverijparis.nl/reader/9349/8498

This article sets out to consider the extent to which advance directives can be used as an effective means to entrench personal autonomy, and, in the light of their statutory form in numerous other jurisdictions, consider the various approaches which... Read More about Making treatment decisions for the future: advance directives and the question of legislative clarity..

The relevance of harm as the criterion for the punishment of impossible attempts. (2009)
Journal Article
CHRISTIE, S.A. 2009. The relevance of harm as the criterion for the punishment of impossible attempts. Journal of criminal law [online], 73(2), pages 153-164. Available from: https://doi.org/10.1350/jcla.2009.73.2.561

There has been much debate about the relevance of punishment in cases of impossible attempts. This article sets out the current position in Anglo-American jurisdictions and considers the rationale behind punishment in hypothetical impossible attempt... Read More about The relevance of harm as the criterion for the punishment of impossible attempts..

Crimes against the foetus: the rights and wrongs of protecting the unborn. (2006)
Journal Article
CHRISTIE, S. 2006. Crimes against the foetus: the rights and wrongs of protecting the unborn. Medico-legal journal of Ireland [online], 12(2), pages 65-76. Available from: http://www.westlaw.co.uk

The legal position of the foetus raises difficult questions about the status which we accord the developing human being within society. Most conceptions of criminal liability are predicated on the person; usually, there is a victim and an aggressor,... Read More about Crimes against the foetus: the rights and wrongs of protecting the unborn..

Provocation: pushing the reasonable man too far? (2000)
Journal Article
CHRISTIE, S. 2000. Provocation: pushing the reasonable man too far? Journal of criminal law [online], 64(4), pages 409-415. Available from: https://doi.org/10.1177/002201830006400410

Almost every aspect of the partial defence of provocation has caused considerable debate over the years. Areas of difficulty range from the question of when the issue should be left to the jury, to the relevance of the defence to battered women who k... Read More about Provocation: pushing the reasonable man too far?.

Provocation and non-violent homosexual advances. (1999)
Journal Article
OLIVER, S. 1999. Provocation and non-violent homosexual advances. Journal of criminal law, 63(6), pages 586-592.

Some controversial areas of provocation have been developed to a significant extent in foreign jurisdictions before migrating to England and Scotland. The most obvious example is that of the battered women defence which modifies a crucial aspect of t... Read More about Provocation and non-violent homosexual advances..