ÐÓ°ÉÂÛ̳

Professor Emily  Jackson

Professor Emily Jackson

Professor of Law

ÐÓ°ÉÂÛ̳ Law School

Telephone
020-7955-6368
Room No
Cheng Kin Ku Building 6.12
Languages
English
Key Expertise
Medical law and ethics; assisted conception; end of life decision-making

About me

Professor Emily Jackson, first joined the ÐÓ°ÉÂÛ̳ in 1998. After graduating from Oxford University, she worked as a research officer at the Centre for Socio-Legal Studies in Oxford. Her first teaching position was at St Catharine’s College, Cambridge, and she has also taught at Birkbeck College and Queen Mary, University of London. Emily’s research interests are in the field of medical law. She has served as a member of the British Medical Association Medical Ethics Committee (2005-2022), Deputy Chair of the Human Fertilisation and Embryology Authority (2008-2012) and a Judicial Appointments Commissioner (2014-2017).  She is a Fellow of the British Academy, and in 2017 was awarded an OBE for services to higher education.

Administrative support: Law.Reception@lse.ac.uk

Research interests

Emily’s research interests are in the field of medical law and ethics, with particular emphasis upon reproductive issues, end of life decision-making and the regulation of the pharmaceutical industry.

REF Impact Case Study

External activities

  • Judicial Appointments Commissioner (2014-17)
  • Member of Department of Health Independent Panel to review Liverpool Care Pathway (2013)
  • Member of British Medical Association Medical Ethics Committee (2005-)
  • Member of Medical Research Council Ethics and Public Involvement Committee (2011-)
  • Member of Royal College of Obstetricians and Gynaecologists Ethics Committee (2012-)
  • Expert Advisor to the Ethics Review procedure of the EU Framework Programme for Research and Technological Development at the European Commission (2008-)
  • Health Economics, Policy and Law, Editorial Board
  • Medical Law Internmational, Editorial Board
  • Biosocieties, Editorial Board
  • Journal of Law and Society, Advisory Board

Teaching

Books

The 14 Day Rule and Human Embryo Research: A Sociology of Biological Translation (Routledge, 2024) (with Sarah Franklin)

 


 

Medical Law : Text, Cases and Materials (Oxford: Oxford University Press, 2022) 6th edition 

Medical Law : Text, Cases, and Materials offers all of the explanation, commentary, and extracts from cases and key materials that students need to gain a thorough understanding of this complex topic.

Medical Law was awarded first prize in the British Medical Association's ‘Basis of Medicine’ Book Awards, 2017.



 

Law and the Regulation of Medicines (Hart 2012)

The principal purpose of this book is to tell the story of a medicine's journey through the regulatory system in the UK, from defining what counts as a medicine, through clinical trials, licensing, pharmacovigilance, marketing and funding. The question of global access to medicines is addressed because of its political importance, and because it offers a particularly stark illustration of the consequences of classifying medicines as a private rather than a public good. Two further specific challenges to the future of medicine's regulation are examined separately: first, pharmacogenetics, or the genetic targeting of medicines to subgroups of patients, and second, the possibility of using medicines to enhance well-being or performance, rather than treat disease. Throughout, the emphasis is on the role of regulation in shaping and influencing the operation of the medicines industry, an issue that is of central importance to the promotion of public health and the fair and equitable distribution of healthcare resources.


 

Debating Euthanasia (Hart 2011) (with John Keown)

In this new addition to the Debating Law series, Emily Jackson and John Keown re-examine the legal and ethical parameters of the debate about euthanasia and assisted-dying. Emily Jackson argues that we owe it to everyone in society to do all that we can to ensure that they experience a 'good death'. For a small minority of patients who experience intolerable and unrelievable suffering, this may mean helping them to have an assisted death. In a liberal society, where people's moral views differ, we should not force individuals to experience deaths they find intolerable. This is not an argument in favour of dying. On the contrary, Jackson argues that legalisation could extend and enhance the lives of people whose present fear of the dying process causes them overwhelming distress. John Keown argues that voluntary euthanasia and physician-assisted suicide are gravely unethical and he defends their continued prohibition by law. He analyses the main arguments for relaxation of the law - including those which invoke the experience of jurisdictions which permit these practices - and finds them wanting. Relaxing the law would, he concludes, be both wrong in principle and dangerous in practice, not least for the dying, the disabled and the disadvantaged.


 

Regulating Autonomy: Sex, Reproduction and the Family - co-editor, with Fatemeh Ebtehaj, Martin Richards and Shelley Day Sclater (Hart 2009)

These essays explore the nature and limits of individual autonomy in law, policy and the work of regulatory agencies. Authors ask searching questions about the nature and scope of the regulation of 'private' lives, from intimacies, personal relationships and domestic lives to reproduction. They question the extent to which the law does, or should, protect individual autonomy. Recent rapid advances in the development of new technologies - particularly those concerned with human genetics and assisted reproduction - have generated new questions (practical, social, legal and ethical) about how far the state should intervene in individual decision making. Is there an inevitable tension between individual liberty and the common good? How might a workable balance between the public and the private be struck? How, indeed, should we think about 'autonomy'?


 

Regulating Reproduction (Oxford: Hart Publishing 2001)

Provides a clear and accessible analysis of the various ways in which human reproduction is regulated. A comprehensive exposition of the law relating to birth control, abortion, pregnancy, childbirth, surrogacy and assisted conception is accompanied by an exploration of some of the complex ethical dilemmas that emerge when one of the most intimate areas of human life is subjected to regulatory control. Throughout the book, two principal themes recur. First, particular emphasis is placed upon the special difficulties that arise in regulating new technological intervention in all aspects of the reproductive process. Second, the concept of reproductive autonomy is both interrogated and defended.  Winner of the 2002 Society of Legal Scholars’ Annual Prize for Outstanding Legal Scholarship by a Young Legal Scholar.

Articles

  •  Medical Law Review (2025) 33 (1)
  •  Medical Law Review (2024) 32 (4) 444–467 (with Sara A Attinger, Isabel Karpin, Ian Kerridge, Ainsley J Newson, Cameron Stewart, Lucy van de Wiel, Wendy Lipworth)
  •  [2024] EWCA civ 878. Journal of Social Welfare and Family Law, 1–3
  •  Journal of Law and the Biosciences (2024) 11 (2) 
  • in Kirsty Horsey (ed) Diverse Voices in Tort Law (Bristol University Press, 2024) 129-150
  • (2023) Current Opinion in Genetics & Development 82, 102103 (with Amy L Foreman, Kathleen Liddell, Sarah Franklin, Christina Rozeik, Kathy K Niakan)
  • Human Fertility (2023) (with Cirkovic et al.)
  • (2023) MLR (with Kirsty Horsey)
  • 'Withholding and withdrawing life-prolonging treatment and the relevance of patients’ wishes: reforming the Mental Capacity Act 2005' in White, Ben P. and Willmott, Lindy, (eds.) Cambridge Bioethics and Law. (Cambridge University Press, Cambridge, 2021) pp.232–249
  • Reproductive Biomedicine and Society Online (2021) Vol.12 pp.44-55 (with Dilan Chauhan and Joyce C. Harper)
  • ‘ (2021) Medical Law Review online first
  • ‘Patients’ wishes and best interests: reforming section 4 of the Mental Capacity Act 2005’ in Lindy Wilmott and Ben White (eds) International Perspectives on End-of-Life Reform: Politics, Persuasion and Persistence (Cambridge UP, 2021)
  • ‘The Legacy of the Warnock Report’ in Law and Legacy in Medical Jurisprudence: Essays in Honour of Graeme Laurie (Cambridge UP, 2021)
  • 'In whose interests? The prohibition of assisted suicide in the UK' in Iyiola Solanke (ed) On Crime, Society and Responsibility in the work of Nicola Lacey (Oxford University Press, 2021) 171-192.
  • With Jonathan Herring and Sally Sheldon, ‘Would decriminalisation of abortion mean deregulation?’ in Sally Sheldon (ed) What would it Mean to Decriminalise Abortion in the UK?  The Evidence (Policy Press, 2020) 57-76
  • ‘Assisted Conception and Surrogacy in the United Kingdom’ in ‘Assisted Conception and Surrogacy in the United Kingdom’ in J Eekelaar and R George (eds) Routledge Handbook of Family Law and Policy (Routledge, 2020) 187-199
  • With Huseyin Naci et al ‘Generating comparative evidence on new drugs and devices before approval’ (2020) 395 The Lancet 986-997.
  • With I Glenn Cohen, ‘Introduction to the Right to Procreate and Reproductive Technologies’ in Tamara Hervey and David Orentlicher (eds) The Oxford Handbook of Comparative Health Law (Oxford UP, 2020)
  • With Jack Wilkinson et al, ‘(2019) 112 Fertility and Sterility 973-977
  • ‘Afterword’ in Childbirth, Vulnerability and Law: Exploring Issues of Violence and Control, Jonathan Herring and Camilla Pickles (eds) (London, Routledge, 2019) 251-255.
  • (2018) 41 Dalhousie Law Journal 60-91.
  •  (2019) 27 Medical Law Review 461–481(first published online 13/11/18) (with Tatiana Flessas)
  • (2018) Modern Law Review 81 (2) pp.247-281
  • (2017) 32 Human Reproduction 485-491 (with Joyce Harper et al.)
  • (2017) 4 Reproductive Biomedicine & Society 13-17 (with Joyce Harper, Dan Reisel and Laura Spoelstra)
  • R v Human Fertilisation and Embryology Authority ex parte Blood Judgment 2 in Stephen W Smith et al (eds) (Hart, 2017) 98-103.
  • 'UK law and international commercial surrogacy: "the very antithesis of sensible"' (2016) 4 197-214.
  • (2017) 102 Clinical Pharmacology & Therapeutics 183–184 (with Alasdair Breckenridge and Peter Feldschreiber)
  • 'Ethical Dilemmas in Obstetrics and Gynaecology' in K Edmunds (ed) 9th edition (Wiley Blackwell, 2018) 987-998.
  •  (2018) 14 Biosocieties 21-40
  • (2017) Medical Law Review  25 (1) pp.23-46. (with Jenni Millbank, Isabel Karpin and Anita Stuhmcke.)
  • 'Abortion' in , Jean McHale and Judith Laing (eds) (Oxford UP, 2016)
  • Journal of Medical Ethics (2016)
  • (2015) 41 Journal of Medical Ethics 929-30
  • (2015) 41 Journal of Medical Ethics 41 (1): 95-98
  • in Kirsty Horsey (ed) Regulating Assisted Conception (Routledge, 2015), 31-49
  • 'DIY Abortion and Harm Reduction' in G Laurie and P Ferguson (eds) (Ashgate, 2015) 25-36
  • 'Regulating Non-Invasive Prenatal Testing: the view from the UK' (2014) 50 Japanese Journal of Law and Political Science 9-19.
  • 'Assisted Conception and Surrogacy in the United Kingdom' in J Eekelaar and Rob George (eds) (Routledge, 2014) 189-200.
  • ‘The Liverpool Care Pathway Review’ Elder Law Journal (2013) 3 (4) pp.402-404
  • 'DIY Abortion and Harm Reduction' in G Laurie and P Ferguson (eds) Festschrift for Sheila McLean
  • (2013) 39 Journal of Medical Ethics 559-61
  • in Sumi Madhok, Anne Phillips and Kalpana Wilson (eds) Gender, Agency and Coercion (Palgrave, 2013) 181-194.
  • ‘Regulating Embryo Research: A Regulator’s Perspective’ in Mark Flear et al (eds) (Oxford University Press, 2013) 275-281.
  • 'Statutory regulation of PGD: unintended consequences and future challenges' in Sheila McLean (Routledge, 2012) 71-88.
  • Health Economics, Policy and Law Volume 6 / Issue 02 (2011) pp 279 - 281
  • ‘Re N (A child): Commentary’ in Rosemary Hunter, Clare McGlynn and Erika Rackley (eds) (Hart, 2010)
  • ‘IVF birth data presentation: Its impact on clinical practice and patient choice’ in Martin Johnson et al (eds) (Hart, 2010)
  • Modern Law Review 2010, 73(3), 399-427
  • Journal of Medical Ethics 2009;35:107-112 (with L. McGoey)
  • ‘If NICE was in the USA’ (2009) 374 The Lancet 272-273. (with Tim Kendall and Linsey McGoey)
  • (2008) Medical Law Review 346-368
  • 'The donation of eggs for research and the rise of neopaternalism' in M Freeman (ed) Law and Bioethics (Oxford UP: 2008) 499-527
  • (2008) Biosocieties 125-145
  • ‘Death, Euthanasia and the Medical Profession’ in M Johnson, J Herring, B Brooks-Gordon, M Richards (eds) (Hart, 2007) 37-55
  • (2007) Child and Family Law Quarterly 239-246
  • (2006) 1(3) Biosocieties 349-56
  • ‘Informed Consent and the Impotence of Tort’ in S. McLean (ed) (Aldershot, Ashgate, 2006) 273-86
  • ‘Rethinking the Preconception Welfare Principle’ in K Horsey and H Biggs (eds) (Routledge Cavendish, 2006) 47-67
  • ‘What is a Parent’ in K O’Donovan and A Diduck (eds) (Routledge Cavendish, 2006) 59-74
  • (2004) 57 Current Legal Problems 415-442
  • ‘Introducing Feminist Legal Theory’ in J Penner, D Schiff and R Nobles (eds) (Butterworths, 2002) 779-853 (with Nicola Lacey)
  • ‘ The Pregnant Body’ chapter in Ellie Lee and Mary Boyle (eds) (Palgrave, 2002) 115-132 (with Ellie Lee)
  • 'Abortion: Medical Paternalism or Patient Autonomy?’ in Abortion: Whose Right? (Hodder and Stoughton, 2002) 1-15
  • (2002) 65 Modern Law Review 176-203