Professor Alexander McCall Smith's main areas of legal interest are in the fields of medical law and criminal law. Alexander McCall Smith was the co-author (with Professor Mason) of a major textbook on law and medicine. He is also the author of several books on criminal law, including a book on the criminal law of Botswana. He is interested in legal and philosophical aspects of responsibility, and has co-edited a book on the duty to rescue and a book on forensic aspects of sleep disorder.
Untoward injuries are unacceptably common in medical treatment, at times with tragic consequences for patients. The phrases 'an epidemic of error' and 'the medical toll' have been coined to describe this problem of 'iatrogenic harm', which it has been suggested may have contributed to 98,000 deaths per year in the US. Some of these incidents are the result of negligence on the part of doctors, but more usually they are no more than inevitable concomitants of the complexity of modern healthcare. This book is fundamentally about distinguishing the former from the latter. Although medicine is used as the book's primary example, the points made apply equally to aviation, industrial activities, and many other fields of human endeavour. The book advocates a more informed alternative to the blaming culture which has increasingly come to dominate our response to accidents, whether in the medical field or elsewhere.
This volume questions how individuals and societies ought to deal with crimes committed in the distant past. Agency and responsibility on the part of the wrongdoer are weighed against forgiveness and mercy on the part of the victim. Examples are drawn from all areas of law.
This is a jurisprudential examination of the issues surrounding the moral and legal duty to rescue, undertaken by contributors from different disciplines. The book begins with a discussion of the philosophical issues and goes on to examine common law, which has no general duty to rescue.
Journal Articles
Alexander McCall Smith 'Euthanasia: The Strengths of the Middle Ground' (1999) Medical Law Review 7(2), 194-207
Alexander McCall Smith 'Beyond Autonomy' (1997) Journal of Contemporary Health Law and Policy 14, 23-40
Alexander McCall Smith 'Criminal or Merely Human? The Prosecution of Negligent Doctors' (1995) Journal of Contemporary Health Law and Policy 12, 131-146
Alexander McCall Smith 'Criminal Negligence and the Incompetent Doctor' (1993) Medical Law Review 1(3), 336-349
Alexander McCall Smith 'Committee Ethics? Clinical Ethics Committees and Their Introduction in the United Kingdom' (1990) Journal of Law and Society 17(1), 124-139
Alexander McCall Smith, Anthony Busuttil 'Fright, Stress and Homicide' (1990) Journal of Criminal Law 54(2), 257-270
Alexander McCall Smith 'Changing the Offender: Ethical Issues in Behaviour Modification' (1988) Juridica international 169-186
Alexander McCall Smith 'A Legal Dissertation on Fleas' (1975) South African Law Journal 92, 90-95
Alexander McCall Smith, C Shapiro 'Sleep Disorders and the Criminal Law' in Alexander McCall Smith, Colin Shapiro (eds) Forensic Aspects of Sleep (Wiley, 1997) pp.29-64