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This thesis discusses the objectives and success of the disqualification of directors under section 6 of the Company Directors Disqualification Act 1986. Disqualification under that provision is central to the state's strategy for dealing with undesirable conduct by directors. However, the objectives of disqualification under section 6 are unclear and is effectiveness can be contested. It is frequently stated that disqualification exists to 'protect the public and commercial' world from abuse of limited liability yet the precise nature of the harm that such abuse causes has not been conclusively determined. As such, some have argued that disqualification seeks to sanction conduct that is 'socially undesirable'. This thesis set out to establish the nature of the harm that makes certain uses of limited liability undesirable. It argues that the harm the state seeks to eschew through its use of section 6 is conduct likely to result in financial loss to creditors. Consequently it is argued that section 6 exists to control a moral hazard created by the state's policy of allowing entrepreneurs free access to limited liability. Having established that a reduction in financial loss is the objective of section 6, the thesis processes to evaluate whether the section is likely to bring about a benefit (in terms of reduced loss) that is greater than the costs it generates. It is argued that disqualification under section 6 fails to bring about a meaningful reduction in losses generated by 'unfit' directs. However, it is also contended that there are significant costs associated with the application of the sanction. Consequently, the thesis contends that section 6 is an inefficient method of seeking to control undesirable conduct by directors. The thesis concludes that the failure of disqualification to provide effective protection from the moral hazard created by limited liability ought to necessitate a review state's policy of allowing free access to it. For, in so far as regulation exists to protect the public from abuse of limited liability, the state must feel that its policy creates losses that are unacceptable. Therefore the failure of that regulation ought to necessitate a review of the policy as the most desirable way of protecting the public from the harm inflicted by undesirable use of limited liability.

This thesis is concerned with two different aspects of human embryonic stem cell research: legal and moral. These are not two distinct areas the law cannot regulate this controversial area of science without the input of morality. There is not one moral viewpoint on the use of human embryos in scientific research and as such this thesis discusses several different moral viewpoints before moving on to consider how the law takes into account these wide ranging and diverse stances. The science of human embryonic stem cell research is discussed briefly so as to ensure that the reader comprehends the science that the law is seeking to regulate and over which there is so much ethical debate. The majority of this thesis then considers the legal aspects of human embryonic stem cell research. The focus is upon the human embryo and human embryonic stem cell interface how the legislation which governs human embryo research has been used to subsequently regulate human embryonic stem cell research. The examination of the legal aspects of human embryonic stem cell research starts with a historical chapter on how the legislation came into force. This is necessary so as to understand how and why we regulate human embryonic stem cell research as we do and what the legislation does, before moving onto the finer detail. The role of research ethics committees, the HFEA and the UK Stem Cell Bank in human embryonic stem cell research are all analysed in depth, problem areas highlighted and solutions suggested. An analytical discussion of the reform process which led to the Human Fertilisation and Embryology Act 2008 is the last step in the examination of the regulation of human embryonic stem cell research. Finally comparisons are made to the State of California, USA which was the first US state to permissively fund stem cell research. The law stated is correct as of the 13th November 2008 when the Human Fertilisation and Embryology Act 2008 received Royal Assent.

Courts in the United Kingdom currently employ a conflict model of adjudicating maternal / foetal issues. This thesis aims to expose the inadequacy of the current model, to evaluate alternative approaches, and ultimately to propose a property-based model of adjudicating pregnancy. I begin by surveying some of the case-law under the conflict model and discussing the model's shortcomings. On the practical level, the conflict model leads to negative perceptions of pregnant women, fails to reflect the realities of pregnancy, and embodies legal and logical inconsistencies. On the theoretical level, problems arise from the model's necessary characterisation of the foetus as a 'sentient non-person'. This is problematic for two reasons, which are explored in chapters two and three respectively: first, because the sentience of the foetus is a matter of controversy second, because the concept of personhood is deeply flawed and is anyway incapable of functioning as a determinant of moral status. Later I review an alternative to the conflict model which has been proposed by Eileen L McDonagh: her 'consent model' of pregnancy which characterises pregnancy as an 'intrusion' by the foetus upon the body of the mother and views the right to terminate pregnancy as a right of 'self-defence' against this intrusion. I conclude that McDonagh's thesis fails, ultimately, to provide a satisfactory alternative to the conflict model. My own alternative to the conflict model, developed in chapter five, proposes a departure from the metaphysical language of personhood and moral status, and a focus on the legal framework of property as a method of adjudicating maternal / foetal issues.

This thesis examines the rights of people with mental disorder under Irish law against the background of the European Convention on Human Rights. It proposes that Irish law does not meet the minimum standards laid down by the Convention and that significant law reform is required to achieve this aim. The main issues concern the admission, detention and treatment of adults and children in psychiatric care and the safeguards provided in the Irish legal system. These matters are considered against the Convention requirements in the context of the current and ongoing process of law reform in Ireland. The rights addressed are: the right to protection from arbitrary deprivation of liberty under Article 5, particularly the liberty of the compliant incapacitated patient. This includes an empirical study of the habeas corpus provision in Ireland. Article 8 and Article 12 rights are examined, specifically, the right to self-determination in a number of spheres including: consent to treatment, the right to marry, to have a sexual relationship and children and the right not to be sterilised. The right to protection from inhuman and degrading treatment in Article 3 includes consideration of positive state obligations to protect physical integrity in relation to conditions of detention, seclusion and aspects of treatment. The right in Article 2 to have one's life protected from foreseeable risks and the obligation on the state to investigate following death is examined. The restrictions on the removal of civil rights and obligations in relation to access to court to take civil action and to have control over one's property and affairs are examined for compliance with Article 6. The outcome of the examination confirms the proposal that Irish law does not meet the minimum standards of the Convention.