Autonomy, Informed Consent and Medical Law: A Relational by Alasdair Maclean

By Alasdair Maclean

Alasdair Maclean analyses the moral foundation for consent to clinical remedy, delivering either an intensive reconsideration of the moral concerns and a close exam of English legislation. Importantly, the research is given a context by way of situating consent on the centre of the healthcare professional-patient dating. this permits the improvement of a relational version that balances the organisation of the 2 events with their duties that come up from that courting. That relational version is then used to critique the present felony law of consent. To finish, Alasdair Maclean considers the long run improvement of the legislation and contrasts the version of relational consent with Neil Manson and Onora O'Neill's fresh thought for a version of real consent.

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Additional resources for Autonomy, Informed Consent and Medical Law: A Relational Challenge

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This is because there will certainly be occasions when others can see more clearly than I and are better able to make a good decision for me. 85 This is particularly so given that, while it may be an end in itself, health’s greatest value is instrumental; being healthy allows us to follow our life plans and achieve our goals. Conceived in this way it is self-fulfilment rather than health or welfare per se that is, in a secular world, of fundamental importance. The primacy of self-fulfilment over health or welfare requires that each of us is ultimately allowed to be autonomous.

235. g. Dworkin, The Theory and Practice of Autonomy, p. 32. The nature of autonomy 13 require the capacity to engage with the rationality and consistency necessary for a moral life, and because it is readily overridden, it is better to rely on a thicker view of autonomy. Autonomy as rational self-determination Beyond simple self-determination, autonomy requires at least some capacity for rationality. This has the consequence of creating a real distinction between an autonomous act and the acts of an autonomous person, not all of which will be rational.

10–11. A stronger version of the setback to interests definition of harm, limits the interests to ‘vital ones’: H. Hayry, The Limits of Medical Paternalism (London: Routledge, 1991), p. 21. 32 Autonomy It might be argued that A’s wife does have quite a strong claim – arising out of their relationship – requiring that A accepts the necessary treatment to prevent the disability. However, for state coercion to be justified it would need to be clearly established that such a claim would be created when entering into such a relationship.

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