Autonomy, liberty, and medical decision-making
Autonomy, liberty, and medical decision-making
A central tenet to much ethical argument within medical law is patient autonomy. Although we have seen a welcome move away from a system governed by largely unchecked paternalism, there is not universal agreement on the direction in which medical law should advance. Competing concerns for greater welfare and individual freedom, complicated by an overarching commitment to value-pluralism, make this a tricky area of policy-development. Furthermore, there are distinct understandings of, and justifications for, different conceptions of autonomy. In this paper, we argue that in response to these issues, there has been a failure by the courts properly to distinguish political concepts of liberty and moral concepts of autonomy.
523-547
Coggon, John
192d1511-cd81-45f4-8748-c398b74949b9
Miola, José
7155ec72-9309-44fd-a95a-e1ee3f418c34
November 2011
Coggon, John
192d1511-cd81-45f4-8748-c398b74949b9
Miola, José
7155ec72-9309-44fd-a95a-e1ee3f418c34
Coggon, John and Miola, José
(2011)
Autonomy, liberty, and medical decision-making.
Cambridge Law Journal, 70 (3), .
(doi:10.1017/S0008197311000845).
Abstract
A central tenet to much ethical argument within medical law is patient autonomy. Although we have seen a welcome move away from a system governed by largely unchecked paternalism, there is not universal agreement on the direction in which medical law should advance. Competing concerns for greater welfare and individual freedom, complicated by an overarching commitment to value-pluralism, make this a tricky area of policy-development. Furthermore, there are distinct understandings of, and justifications for, different conceptions of autonomy. In this paper, we argue that in response to these issues, there has been a failure by the courts properly to distinguish political concepts of liberty and moral concepts of autonomy.
This record has no associated files available for download.
More information
Published date: November 2011
Organisations:
Southampton Law School
Identifiers
Local EPrints ID: 342812
URI: http://eprints.soton.ac.uk/id/eprint/342812
ISSN: 0008-1973
PURE UUID: b5216b3b-db5c-4fb6-be3f-21110492bf0a
Catalogue record
Date deposited: 13 Sep 2012 15:15
Last modified: 14 Mar 2024 11:55
Export record
Altmetrics
Contributors
Author:
John Coggon
Author:
José Miola
Download statistics
Downloads from ePrints over the past year. Other digital versions may also be available to download e.g. from the publisher's website.
View more statistics