Prosecuting 'Gross' Medical Negligence: Manslaughter, Discretion, and the Crown Prosecution Service

This article examines prosecutions of health care professionals for gross negligence manslaughter following fatal errors committed in the course of their work. Unease has long surrounded the use of 'gross negligence' as a form of criminal liability, and particularly as it applies to health care professions operating in high-risk settings. The recent dramatic rise of such prosecutions calls for a closer understanding of the processes by which important prosecutorial decisions are made. In particular, this calls for an investigation into the exercise of discretion by prosecutors in interpreting the loosely defined and contested concept of gross negligence. This article analyses data obtained from a statistical analysis of 'medical manslaughter' cases and also from interviews with crown prosecutors. Discussion of the main findings leads to the conclusion that the offence of gross negligence manslaughter is incapable of any objective and fair measurement and ought to be abolished.     

A: Reviews: General

AN INTRODUCTION TO THE HADITH. By John Burton. (Islamic Surveys.) Edinburgh, Edinburgh University Press, 1994. 210 pp. £39.95 (hb); £16.95 (pb).

POLITICS, GENDER, AND THE ISLAMIC PAST: THE LEGACY OF ‘A'ISHA BINT ABI BAKR. By D. A. Spellberg. New York, Columbia University Press, 1995. 250 pp. $35.00.

MEDIEVAL ISMA'ILI HISTORY AND THOUGHT. Edited by Farhad Daftary. Cambridge, Cambridge University Press, 1996. 331 pp. £40.00

THE THRONE CARRIER OF GOD: THE LIFE AND THOUGHT OF ‘ALA’ AD‐DAWLA AS‐SIMNANI. By Jamal J. Elias. Albany, State University of New York Press, 1995. 260 pp. $16.95

OTTOMAN SEAPOWER AND LEVANTINE DIPLOMACY IN THE AGE OF DISCOVERY. By Palmira Brummett. (SUNY Series in the Social and Economic History of the Middle East.) New York, State University of New York Press, 1994. xvi, 285 pp. 2 maps, 7 plates. $19.95.

HAIFA: TRANSFORMATION OF AN ARAB SOCIETY, 1918–1939. By May Seikaly. London, I. B. Tauris, 1995. 284 pp. £39.50 (hb).

THE FORMATION OF MODERN SYRIA AND IRAQ. By Eliezer Tauber. London, Frank Cass, 1995. 427 pp. £30.00 (hb); £15.00 (pb).

IRAQ: POWER AND SOCIETY. Edited by Derek Hopwood, Habib Ishow and Thomas Koszinowski. (St Antony's Middle East monographs, 29.) Reading, Ithaca Press, 1993. viii, 400 pp. £30.00.

SECRET WAR IN THE MIDDLE EAST: THE COVERT STRUGGLE FOR SYRIA, 1949–61. By Andrew Rathmell. London and New York, I. B. Tauris, 1995. 256 pp. £39.50.

LEBANON: A SHATTERED COUNTRY. By Elizabeth Picard. Translated from the French [Liban: État de discorde] by Franklin Philip. New York and London, Holmes & Meier, 1996. xii, 202 pp. £29.95.

THE ISLAMIST DILEMMA: THE POLITICAL ROLE OF ISLAMIST MOVEMENTS IN THE CONTEMPORARY ARAB WORLD. Edited by Laura Guazzone. Reading, Ithaca Press, 1995. 390 pp. £45.00.

ISLAM AND THE MYTH OF CONFRONTATION: RELIGION AND POLITICS IN THE MIDDLE EAST. By Fred Halliday. London and New York, I. B. Tauris, 1996. 256 pp. £35.00 (hb); £12.95 (pb).

THE MIDDLE EAST IN THE NEW WORLD ORDER. Edited by Haifaa A. Jawad. Basingstoke, St Martins Press/Macmillan, 1994. viii, 154 pp. $35 (hb).

CONFIDENCE BUILDING AND VERIFICATION: PROSPECTS IN THE MIDDLE EAST. Edited by Shai Feldman. (Jaffee Centre for Strategic Studies Study, 25.) Published jointly by the Jerusalem Post and Westview Press, Boulder, 1994. 255 pp. £28.50 (hb).

CHILDREN IN THE MUSLIM MIDDLE EAST. Edited by Elizabeth Warnock Fernea. Austin, University of Texas Press, 1995. xviii, 477 pp., photographs. $22.50 (hb).

THE HISTORY OF THE MAZRU'I DYNASTY OF MOMBASA. By Al‐Amin Bin ‘Ali Al Mazru'i. Translated and annotated by J. McL. Ritchie (Union Académique Interna‐tionale/Fontes Historiae Africanae: Series Arabica XI.) Published for the British Academy by Oxford University Press, 1995. x, 182, 76 pp. £27.50 (hb).

AN INTRODUCTION TO ARAB POETICS. By Adonis. Translated from the Arabic by Catherine Cobham. London, Saqi Books, 1990. 108 pp.

ANTHOLOGY OF MODERN PALESTINIAN LITERATURE. Edited by Salma Khadra Jayyusi. New York, Columbia University Press, 1992. 744 pp. $34.95.

THE EYE OF THE MIRROR. By Liana Badr. Translated by Samira Kawar. (Arab Women Writers.) Reading, Garnet Publishing, 1995. 264 pp. £8.95 (pb).

THE GOLDEN CHARIOT. By Salwa Bakr. Translated by Dinah Manisty. (Arab Women Writers.) Reading, Garnet Publishing, 1995. 193 pp. £ 8.95 (pb).

THE STONE OF LAUGHTER. By Hoda Barakat. Translated by Sophie Bennett. (Arab Women Writers.) Reading, Garnet Publishing, 1995. 231 pp. £ 8.95 (pb).

AL‐KITAAB FII TA'ALLUM AL‐'ARABIYYA (A TEXTBOOK FOR BEGINNING ARABIC). By Kristen Brustad, Mahmoud Al‐Batal and Abbas Al‐Tonsi. Washington, DC, Georgetown University Press, 1995. Introduction 224 pp., textbook 480 pp., videotapes, cassettes.

DAS MUTAFI‐LAZISCHE. Edited by Silvia Kutscher, Johanna Mattissen and Anke Wodarg. (Arbeitspapier, Nr. 24, Neue Folge.) Köln, Institut für Sprachwissenschaft Universität zu Köln, 1995. 136 pp.

GRAMATIKA JEZYKA KRYMSKOTATARSKIEGO. By Henryk Jankowski. (Seria Jezykoznawstwo, Nr. 15.) Poznań, Uniwersytet Im. Adama Mickiewicza, 1992. xviii, 455 pp.

CULINARY CULTURES OF THE MIDDLE EAST. Edited by Richard Tapper and Sami Zubaida. London, New York, I. B. Tauris, 1994. 302 pp. £34.50 (hb).     

Book reviews

Journal of Chinese Political Science -     

The universality of human rights: A Canadian perspective

In the following speech, delivered at the Atlantic Human Rights Centre, St. Thomas University, Fredericton, New Brunswick, on 20 March 1998, Canadian Senator Donald Oliver urges the international community to commit itself to the universality of human rights. In an increasingly interdependent world, he says, nations will no longer be afforded the luxury of merely judging themselves. Their actions and progress in matters of human rights will be judged by the court of international public opinion, nongovernment organizations, and those standards that we have come to regard as representing the norms of civilized behavior. It is no longer possible to speak of world order without taking into account the protection of human rights and the remedy of human wrongs.     

Euroscepticism and Right-Wing Extremist Attitudes in Germany: A Result of the ‘Dialectic Nature of Progress’?

Euroscepticism is associated with a new cleavage between the ‘losers’ and the ‘winners’ of globalisation. Current research also indicates that right-wing extremist, racist, and anti-democratic attitudes are more prevalent in lower status groups, particularly those struggling with societal change. These findings are combined with a unique data set covering both topics and thus add to the growing literature on Euroscepticism while also exploring the divide between the ‘losers’ and ‘winners’ of modernisation processes. The article introduces categories of occupational status groups, namely the ‘engaged’, the ‘skilled workers’, and the ‘legworkers’, which represent different levels of involvement in modernisation processes. It explores the differences in attitudes between these groups and how those differences correlate with citizens' professional status. It is concluded that perceived subjective alienation, which manifests in racist and anti-democratic attitudes, best explains EU-scepticism.     

Canadian Concerns of a Different Kind of Brexit: Britain’s First Application to the EEC and Canada’s Commonwealth Appeal

Recent debates on Brexit have made several attempts to connect the current situation with Britain’s first attempt to gain entry to the European Economic Community (EEC) in 1961. In both 2016 and 1961, questions were raised about what role the Commonwealth would take and how the relationship with Britain would adapt to their then-entry and current exit of a union with Europe. This article seeks to examine how Canada reacted to Britain’s decision to enter the EEC and sheds light on the vociferous opposition it raised within the Commonwealth. Using both British and Canadian cabinet minutes and Commonwealth memoranda, the article follows the Canadian campaign against British entry to the EEC and its fervent defence of the Commonwealth as an economic-focused community. Ultimately, the Canadian-led protest against British entry into the EEC derived from a fear that Britain would drift from the Commonwealth towards Europe, leading to the complete dissolution of the economic bonds that tie the community together.