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A Mixed Legal System in TransitionT. B. Smith and the Progress of Scots Law$
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Elspeth Reid and David Carey Miller

Print publication date: 2005

Print ISBN-13: 9780748623358

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748623358.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 06 July 2022

T B Smith: a Pioneer of Modern Medical Jurisprudence

T B Smith: a Pioneer of Modern Medical Jurisprudence

(p.199) 9 T B Smith: a Pioneer of Modern Medical Jurisprudence
A Mixed Legal System in Transition

David W Meyers

Edinburgh University Press

This chapter focuses on T B smith's little-noticed, but pioneering 1959 article, ‘Law, professional ethics and the human body’, where he highlighted current issues of concern in medical jurisprudence and unabashedly offered his views on their proper resolution. On most, subsequent developments have proved him prescient. On one or two others, his views have not been sustained. Still others are as yet in the process of evolving, but largely, it appears, as Smith espoused that they should. Perhaps above all else, this small gem of an article illustrates that among his many interests and contributions to the law, Smith must be considered one of the pioneers of modern medical jurisprudence in Scotland. It should be remembered that modern medical jurisprudence in 1959 was an area of law and ethics only vaguely charted. It was largely concerned then with forensics, with time and cause of death. Its modern bioethical outlines were just beginning to emerge.

Keywords:   medical jurisprudence, Scots law, ethics

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