Criminalising Contagion Legal and Ethical Challenges of Disease Transmission and the Criminal Law

The use of the criminal law to punish those who transmit disease is a topical and controversial issue. To date, the law, and the related academic literature, has largely focused on HIV transmission. With contributions from leading practitioners and international scholars from a variety of disciplines, this volume explores the broader question of if and when it is appropriate to criminalise the transmission of contagion. The scope and application of the laws in jurisdictions such as Canada, the United Kingdom and Norway are considered, historical comparisons are examined, and options for the further development of the law are proposed.

Introduction: disease transmission and the criminal law: a growing concern? Hannah Quirk and Catherine Stanton; 1. HIV and the meaning of harm Matthew Weait; 2. Crime and disease: contagion by metaphor Mike Hanne; 3. Leprosy and the law: the 'criminalisation' of Hansen's disease in Hawai'i, 1865–1969 Kerri A. Inglis; 4. Criminalisation: the impact on the healthcare/patient relationship Ceri Evans; 5. Criminal law and contagious diseases – a Nordic perspective Aslak Syse; 6. Criminal HIV exposure statutes and public health in the United States Leslie E. Wolf; 7. Making science count: significant risk, HIV non-disclosure and science-based criminal law reform: a reflexive analysis Eric Mykhalovskiy; 8. Feminism and the criminalisation of HIV non-disclosure Alana Klein; 9. Criminalising contagion - questioning the paradigm Karl Laird.

This volume considers historical comparisons and the current laws in jurisdictions such as Canada, the United Kingdom and Norway in order to explore the question of if and when it is appropriate to criminalise the transmission of contagion.

Catherine Stanton is a Lecturer in Law at the University of Manchester.
Hannah Quirk is Senior Lecturer in Criminal Law and Justice at the University of Manchester.