By Sheila A.M. McLean
Autonomy is frequently stated to be the dominant moral precept in sleek bioethics, and it's also very important in legislations. recognize for autonomy is expounded to underpin the legislations of consent, that is theoretically designed to guard definitely the right of sufferers to make judgements according to their very own values and for his or her personal purposes. The proposal that consent underpins beneficent and lawful clinical intervention is deeply rooted within the jurisprudence of nations in the course of the international. notwithstanding, Autonomy, Consent and the legislations demanding situations the connection among consent principles and autonomy, arguing that the very nature of the criminal strategy inhibits its skill to appreciate autonomy, in particular in instances the place sufferers argue that their skill to behave autonomously has been decreased or denied as a result withholding of data which they might have desired to obtain. Sheila McLean additional argues that the bioethical debate concerning the precise nature of autonomy – whereas wealthy and challenging – has had little if any impression at the legislation. utilizing the alleged contrast among the individualistic and the relational versions of autonomy as a template, the writer proposes that, whereas it would be assumed that the model ostensibly most well-liked by way of legislations – approximately akin to the individualistic version – will be transparently and always utilized, in truth courts have vacillated among the 2 to accomplish policy-based goals. this can be highlighted by way of exam of 4 particular parts of the legislations which so much effectively lend themselves to attention of the appliance of the autonomy precept: specifically refusal of life-sustaining therapy and assisted demise, maternal/foetal matters, genetics and transplantation. This e-book could be of serious curiosity to students of clinical legislation and bioethics.
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Additional info for Autonomy, Consent and the Law (Biomedical Law & Ethics Library)
105 Isaiah Berlin agrees that this cannot be allowed to stand. While freedom of choice and action are central to what it is to be autonomous, nonetheless ‘[t]he extent of a man’s, or a people’s, liberty to choose to live as they desire must be weighed against the claims of many other values, of which equality, or justice, or happiness, or security, or public order are perhaps the most obvious examples. ’106 On this view, it is not merely the harm principle that can legitimately limit individual choice – more abstract considerations, such as justice, should also have a place in the evaluation of the quality of the decision.
Freedom arguably becomes 105 106 107 108 Manson, N C, O’Neill, O, Rethinking Informed Consent in Bioethics, Cambridge University Press, 2007, at p 20. Berlin, I, ‘Two Concepts of Liberty’, in Berlin, I, Four Essays on Liberty, Oxford, Clarendon Press, 1961, at p 170. Pellegrino, E D, Thomasma, D C, ‘The Conﬂict Between Autonomy and Beneﬁcence in Medical Ethics: Proposal for a Resolution’, Journal of Contemporary Health Law and Policy, 3(23), 1987: 23–46, at p 35. Ibid. From Hippocrates to paternalism to autonomy: the new hegemony 29 more meaningful when it accounts for, or at least considers, the interests of others.
However, the patient’s rights model is not without its critics. Teff, for example, says that ‘it tends to suggest the existence of an absolute entitlement regardless of surrounding circumstances’,118 and seems particularly akin to a highly individualistic model of autonomy. Couching the patient/ doctor relationship in terms of rights rather than reciprocity is sometimes said to debase the relationship – indeed, it might even be seen as positively harmful, not least for the patient. However, as I have tried to suggest, it is not necessary that human rights arguments either depend on or entail selfishness.