Full Description
In 2017, in Ivey v. Genting Casinos, the Supreme Court judged that the dishonesty test is objective and should be the single one in use for any area of law. The judgment sparked some criticism regarding the inflexibility of an objective test. The subsequent 2020 Court of Appeal judgment in R. v. Barton confirmed the objective test in Ivey. However, little dedicated discussion and analysis of the dishonesty test has subsequently taken place, leaving a growing concern that the one currently in use may not be suitable for determining dishonesty in all contexts. This interdisciplinary collection challenges the idea of the single objective test by considering the issue of context in defining dishonesty. The volume is divided into three parts. The first focuses on the analysis of the concept of dishonesty and the dishonesty test, both in relation to context and its impact in determining whether or not liability arises. In the second part, the focus is on contexts of public and private dealings where dishonesty can be the reason to place liability or where its implications should be modified in order to limit liability. Finally, in the third part, the focus is on the context of healthcare practice and its interface with the conceptual dichotomy of honesty/dishonesty. The conclusion draws together shared themes, notably the issues of fairness and justice that arise from the work to demonstrate the definitional vacuum in the law on dishonesty. The book will be of interest to academics, researchers, policy-makers, and regulators working in law, ethics, or areas of professional regulation and misconduct, especially medicine, nursing, student academic misconduct, and politics. Similarly, there will be appeal to those working in relevant professional regulatory areas, such as law, healthcare, and sports governance.
Contents
Introduction, Sotirios Santatzoglou, Martin Wasik and Anthony Wrigley; Part A: Dishonesty Test and Context; Chapter. 1 What is dishonesty and who decides? Emily Finch; Chapter. 2 Excuses and the objective approaches to dishonesty: From Ghosh/Hayes to Ivey/Barton with a reference to commercial context considerations, Sotirios Santatzoglou; Chapter. 3 Theft, Fraud and Dishonesty: A Comparison between English Law and Chinese Law, Bo Wang; Chapter. 4 How Bad Was That? Some Thoughts on Gauging the Depth of Dishonesty, Martin Wasik; Part B: Dishonesty in Public Life and Private Dealings; Chapter. 5 Political Dishonesty, Democracy, and the Rationales of the Majority Rule, Yossi Nehushtan and Beatriz Flügel Assad; Chapter. 6 Dishonesty and Young People's Liability: The Case of Academic Misconduct, Mark Telford and Rose Tempowski; Chapter. 7 Dishonest Sporting Governance? Reflections on Amateur Sport, Insurance and Liability, James Brown; Chapter. 8 Privacy Preserving Lies, Tsachi Keren-Paz; Part C: Dishonesty in the Healthcare Context; Chapter. 9 Dishonesty, Context, and Virtue Ethics: The Importance of Embedding Moral Theory in the Law of Dishonesty, Anthony Wrigley; Chapter. 10 Ethical reflections on the Ivey test for dishonesty and its implications for the professional regulation of doctors, Jonathan A. Hughes; Chapter. 11 Why do Nurses Lie? A version of the truth. Ruth Westerby; Chapter. 12 Investigating dishonesty within the maternity and neonatal clinical setting, Sarah Lewis and Joanne Cookson
