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- DescriptionAutomy is often said to be the dominant ethical principle in modern bioethics, and it is also important in law. Respect for automy is said to underpin the law of consent, which is theoretically designed to protect the right of patients to make decisions based on their own values and for their own reasons. The tion that consent underpins beneficent and lawful medical intervention is deeply rooted in the jurisprudence of countries throughout the world. However, Automy, Consent and the Law challenges the relationship between consent rules and automy, arguing that the very nature of the legal process inhibits its ability to respect automy, specifically in cases where patients argue that their ability to act automously has been reduced or denied as a result of the withholding of information which they would have wanted to receive. Sheila McLean further argues that the bioethical debate about the true nature of automy - while rich and challenging - has had little if any impact on the law. Using the alleged distinction between the individualistic and the relational models of automy as a template, the author proposes that, while it might be assumed that the version ostensibly preferred by law - roughly equivalent to the individualistic model - would be transparently and consistently applied, in fact courts have vacillated between the two to achieve policy-based objectives. This is highlighted by examination of four specific areas of the law which most readily lend themselves to consideration of the application of the automy principle: namely refusal of life-sustaining treatment and assisted dying, maternal/foetal issues, genetics and transplantation. This book will be of great interest to scholars of medical law and bioethics.
- Author BiographySheila A. M. McLean is International Bar Association Professor of Law Ethics in Medicine, Director of the Institute of Law Ethics in Medicine and of the Centre for Applied Ethics and Legal Philosophy at the University of Glasgow.
- Author(s)Professor Sheila A. M. McLean
- PublisherTaylor & Francis Ltd
- Date of Publication14/08/2009
- Series TitleBiomedical Law & Ethics Library
- Series Part/Volume Numberv. 10
- Place of PublicationLondon
- Country of PublicationUnited Kingdom
- ImprintRoutledge Cavendish
- Content Noteblack & white illustrations
- Weight385 g
- Width156 mm
- Height234 mm
- Spine14 mm
- Format DetailsB-format paperback
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