Criminalising Contagion: Legal and Ethical Challenges of Disease Transmission and the Criminal Law

doi:10.1017/CBO9781316135631

The use of the criminal law to punish those who transmit disease is a topical and controversial issue. To date, the law, and the related academic literature, has largely focused on HIV transmission. With contributions from leading practitioners and international scholars from a variety of disciplines, this volume explores the broader question of if and when it is appropriate to criminalise the transmission of contagion. The scope and application of the laws in jurisdictions such as Canada, the United Kingdom and Norway are considered, historical comparisons are examined, and options for the further development of the law are proposed.

‘This outstanding book is a must read for all those interested in this topic, and indeed beyond, as it raises issues fundamental to society as a whole, in the light of emerging diseases … To conclude, I have no hesitation in recommending this thought-provoking collection to scholars, students, and all interested in this fascinating and complex area.’

Glenys Williams Source: Medical Law Review

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Contents

Criminalising Contagion
pp i-ii
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Cambridge Bioethics and Law - Series page
pp iii-iv
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Criminalising Contagion - Title page
pp v-v
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Copyright page
pp vi-vi
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Dedication
pp vii-viii
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Contents
pp ix-x
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Contributors
pp xi-xii
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Foreword
pp xiii-xvi
- By Margaret Brazier, Lawrence O. Gostin
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Disease Transmission and the Criminal Law: A Growing Concern?
pp 1-17
- By Hannah Quirk, Catherine Stanton
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1 - HIV and the Meaning of Harm
pp 18-34
- By Matthew Weait
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2 - Crime and Disease: Contagion by Metaphor
pp 35-54
- By Michael Hanne
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3 - Leprosy and the Law: The ‘Criminalisation’ of Hansen’s Disease in Hawaiʿi, 1865–1969
pp 55-77
- By Kerri A. Inglis
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4 - The Impact of Criminalising Disease Transmission on the Healthcare Professional-Patient Relationship
pp 78-97
- By Ceri Evans
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5 - Criminal Law and Contagious Diseases – A Nordic Perspective
pp 98-119
- By Aslak Syse
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6 - Criminal HIV Exposure Statutes and Public Health in the United States
pp 120-149
- By Leslie E. Wolf
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7 - Making Science Count: Significant Risk, HIV Non-disclosure and Science-Based Criminal Law Reform: A Reflexive Analysis
pp 150-174
- By Eric Mykhalovskiy
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8 - Feminism and the Criminalisation of HIV Non-disclosure
pp 175-200
- By Alana Klein
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9 - Criminalising Contagion – Questioning the Paradigm
pp 201-228
- By Karl Laird
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Index
pp 229-241
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Criminalising Contagion

Legal and Ethical Challenges of Disease Transmission and the Criminal Law

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Contents

Criminalising Contagion
pp i-ii

Cambridge Bioethics and Law - Series page
pp iii-iv

Criminalising Contagion - Title page
pp v-v

Copyright page
pp vi-vi

Dedication
pp vii-viii

Contents
pp ix-x

Contributors
pp xi-xii

Foreword
pp xiii-xvi

Disease Transmission and the Criminal Law: A Growing Concern?
pp 1-17

1 - HIV and the Meaning of Harm
pp 18-34

2 - Crime and Disease: Contagion by Metaphor
pp 35-54

3 - Leprosy and the Law: The ‘Criminalisation’ of Hansen’s Disease in Hawaiʿi, 1865–1969
pp 55-77

4 - The Impact of Criminalising Disease Transmission on the Healthcare Professional-Patient Relationship
pp 78-97

5 - Criminal Law and Contagious Diseases – A Nordic Perspective
pp 98-119

6 - Criminal HIV Exposure Statutes and Public Health in the United States
pp 120-149

7 - Making Science Count: Significant Risk, HIV Non-disclosure and Science-Based Criminal Law Reform: A Reflexive Analysis
pp 150-174

8 - Feminism and the Criminalisation of HIV Non-disclosure
pp 175-200

9 - Criminalising Contagion – Questioning the Paradigm
pp 201-228

Index
pp 229-241

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Criminalising Contagion

Legal and Ethical Challenges of Disease Transmission and the Criminal Law

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