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Autonomy, liberty, and medical decision-making

Coggon, John and Miola, José (2011) Autonomy, liberty, and medical decision-making Cambridge Law Journal, 70, (3), pp. 523-547. (doi:10.1017/S0008197311000845).

Record type: Article

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.

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Published date: November 2011
Organisations: Southampton Law School

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Local EPrints ID: 342812
URI: http://eprints.soton.ac.uk/id/eprint/342812
ISSN: 0008-1973
PURE UUID: b5216b3b-db5c-4fb6-be3f-21110492bf0a

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Date deposited: 13 Sep 2012 15:15
Last modified: 18 Jul 2017 05:26

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Author: John Coggon
Author: José Miola

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