ABSTRACT
Drawing on work in legal theory, and through the use of two case examples - one of which concerns developments in biomedical science - this chapter seeks to demonstrate not merely how and why conflict is suppressed and excluded in the courts, but also why this matters. In a recent article, Robert Lee and Derek Morgan set out an interesting and novel approach to the problems raised by what they perceive to be the incessant march of biomedical science and its technologies. The chapter also demonstrates the relevance of Christodoulidis's arguments about conflict and law to a well-known case within the medical law field. It stresses the potential difficulties confronting the replication in law of Lee and Morgan's notion of the colloquial nature of law, and to note the implications of the courts' expanding jurisdiction in this area.
