Circumcision legal commentary

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Circumcision legal commentary has been published for about the last fifty years in several nations by different authors who have a variety of views. The intent of this page is to collect such circumcision legal commentary in the English language as can be found online and link to it. Material will be arranged in approximate chronological order of publication.

T. L. Fisher (1966), an officer of the Canadian Medical Protective Association, discussed the legal dangers of using outmoded treatment. This is, of course, relevant to the outmoded practice of circumcision of male children.

Morse (1968) discussed ritual circumcision in hospitals under the law of New York.

Roddey (1971) discussed legal issues that can arise from the performance of then very common infant non-therapeutic circumcision.

Canadian medical ethicicist Margaret Somerville (1980) published a commentary on the distinctions between therapeutic medical procedures and non-therapeutic medical procedures. Since the circumcision of male infants is a non-therapeutic procedure, her remarks are relevant here.

American William E. Brigman (1985) used new medical evidence to argue that circumcision is child abuse, and discussed possible legal remedies. Recent medical articles have documented the actual injury of circumcision, to make it possible for an attorney to win damages for wrongful circumcision, he said. Brigman suggested civil rights class action suits against hospitals.

Sebastian Poulter (1986) argues that parents may authorise the non-therapeutic circumcision of a male minor under English law. Later British court decisions call his comments into question.