Jump to ContentJump to Main Navigation
The Criminal Justice System and Health Care$
Users without a subscription are not able to see the full content.

Charles A. Erin and Suzanne Ost

Print publication date: 2007

Print ISBN-13: 9780199228294

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199228294.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 30 October 2020

Criminal Law is the Problem, Not the Solution

Criminal Law is the Problem, Not the Solution

(p.119) 7 Criminal Law is the Problem, Not the Solution
The Criminal Justice System and Health Care

John Griffiths

Oxford University Press

Given that medical behaviour that potentially shortens life (MBPSL) should be effectively controlled, this chapter challenges the received wisdom that only the criminal law is powerful enough to provide that control. The analysis demonstrates the significantly different understandings of MBPSL held in the Netherlands, by the prosecuting authorities on the one hand, and members of the medical profession on the other. Despite the distinctive approach to the regulation of euthanasia in the Netherlands, the essential argument in regard of the criminal law is applicable in other jurisdictions. The analysis of why the variance in understanding of MBPSL means that its reporting and regulation will always be problematic gives support to the view that the Netherlands, and other jurisdictions, should consider a direction other than the criminal law for its control.

Keywords:   euthanasia, the Netherlands, self-reporting, decriminalization

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .