PhD Studentship: Criminalising Omissions in Healthcare: The Civil and Common Law Approaches

University of Southampton - Centre For Health Ethics And Law (Heal)

Civil and common law systems have different approaches to criminalising omissions. The recognition of a general duty to rescue in civil law systems is said to be based on utilitarianism, whilst common law systems have never recognised a general duty to rescue in both tort and criminal law. The common law is argued to be ‘unhappy about liability for omissions to act’[1], but it does recognise some limited situations where one owes a duty of care to another. The recognition of such duty and the different approaches with regards to it in civil and common law systems seem to have been heavily influenced by philosophical and historical developments.[2] This project will aim to explore whether different conceptual frameworks can help to explain the different approaches in criminalising the failure to rescue in England, France and Germany and to analyse and compare the approaches of England, France and Germany in penalising the failure to rescue in healthcare. The project will therefore also aim to see how far the criminal law should be involved in the doctor/patient relationship.

  • The successful candidate will start on 1 October 2018. The scholarship will offer full tuition fee and maintenance funding for 3 years. The doctoral stipend for 2017/18 is currently £14,000.
  • This studentship is only available for full time programmes and is open to applicants from the UK, the EU and overseas.
  • As part of the application you will be required to submit a CV, research proposal, degree certificate and transcripts, two academic references and proof of English language proficiency.
  • The deadline for applications is 15 February 2018. Incomplete applications will not be considered.
  • Shortlisted candidates will be informed of interview arrangements between February and March 2018.
  • The awards will be allocated by end of April, with the outcome being communicated to the candidates in May.

Contact Details for applicant

If you wish to discuss any details of the studentship informally, please contact:

  • Postgraduate Research Admissions, Faculty of Business, Law and Art, Email: Telephone: +44(0)23 8059 2562.

How to apply

To apply please follow the ‘Apply’ link on the following webpage:

PhD Law:  

Please mention reference FBLA-LAW-005 in the scholarship section of your application.

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