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Should Unnecessary Harmful Nontherapeutic Cosmetic Surgery Be Criminalised

Baker, D (2014) Should Unnecessary Harmful Nontherapeutic Cosmetic Surgery Be Criminalised New Criminal Law Review: an international and interdisciplinary journal, 17 (4). pp. 587-630.

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Abstract

In this article, it is argued that an application of the harm principle to many forms of nontherapeutic cosmetic surgery shows that these procedures are a form of physical harm, not a form of medicine, and therefore ought to be criminalized. Not only does the harm principle support the case for criminalization, but so too do the relevant precedents. This article focuses on the general moral justifications (wrongful harm to others) for criminalizing unnecessary harmful cosmetic surgery, but legal doctrine is also invoked to demonstrate that there is a legal justification for criminalization. The famous English case of R. v. Brown will be discussed to outline the core legal case for criminalization. This article does not aim to provide a comparative study of the U.S. and English authorities, but rather aims to make theoretical arguments for criminalization, and thus, works from the legal premise that in most states the U.S. courts have taken a similar position to that taken in the seminal English House of Lords decision in R. v. Brown.

Item Type: Article
Subjects : subj_Law
Divisions : Faculty of Arts and Social Sciences > School of Law
Authors :
AuthorsEmailORCID
Baker, DUNSPECIFIEDUNSPECIFIED
Date : 1 November 2014
Identification Number : 10.1525/nclr.2014.17.4.587
Copyright Disclaimer : Published as Should Unnecessary Harmful Nontherapeutic Cosmetic Surgery Be Criminalised, New Criminal Law Review, Vol. 17 No. 4, Fall 2014; (pp. 587-630). © 2014 by the Regents of the University of California. Copying and permissions notice: Authorization to copy this content beyond fair use (as specified in Sections 107 and 108 of the U. S. Copyright Law) for internal or personal use, or the internal or personal use of specific clients, is granted by the Regents of the University of California for libraries and other users, provided that they are registered with and pay the specified fee via Rightslink® or directly with the Copyright Clearance Center.
Depositing User : Symplectic Elements
Date Deposited : 17 May 2016 11:18
Last Modified : 17 May 2016 11:18
URI: http://epubs.surrey.ac.uk/id/eprint/810731

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