Mental Capacity Law, Autonomy, and best Interests: An argument for conceptual and practical clarity in the Court of Protection
Mental Capacity Law, Autonomy, and best Interests: An argument for conceptual and practical clarity in the Court of Protection
This article examines medical decision-making, arguing that the law, properly understood, requires where possible that equal weight be given to the wishes, feelings, beliefs, and values of patients who have, and patients who are deemed to lack, decision-making capacity. It responds critically to dominant lines of reasoning that are advanced and applied in the Court of Protection, and suggests that for patient-centred practice to be achieved, we do not need to revise the law, but do need to ensure robust interpretation and application of the law. The argument is based on conceptual analysis of the law’s framing of patients and medical decisions, and legal analysis of evolving and contemporary norms governing the best interests standard.
396-414
Coggon, John
192d1511-cd81-45f4-8748-c398b74949b9
22 December 2016
Coggon, John
192d1511-cd81-45f4-8748-c398b74949b9
Coggon, John
(2016)
Mental Capacity Law, Autonomy, and best Interests: An argument for conceptual and practical clarity in the Court of Protection.
Medical Law Review, 24 (3), .
(doi:10.1093/medlaw/fww034).
Abstract
This article examines medical decision-making, arguing that the law, properly understood, requires where possible that equal weight be given to the wishes, feelings, beliefs, and values of patients who have, and patients who are deemed to lack, decision-making capacity. It responds critically to dominant lines of reasoning that are advanced and applied in the Court of Protection, and suggests that for patient-centred practice to be achieved, we do not need to revise the law, but do need to ensure robust interpretation and application of the law. The argument is based on conceptual analysis of the law’s framing of patients and medical decisions, and legal analysis of evolving and contemporary norms governing the best interests standard.
Text
fww034
- Version of Record
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Accepted/In Press date: 1 April 2016
e-pub ahead of print date: 1 August 2016
Published date: 22 December 2016
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Local EPrints ID: 433239
URI: http://eprints.soton.ac.uk/id/eprint/433239
ISSN: 0967-0742
PURE UUID: 9100e73b-116f-43c1-9ae8-87f2c13f7bd9
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Date deposited: 12 Aug 2019 16:30
Last modified: 16 Mar 2024 03:18
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Author:
John Coggon
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