Healthcare Decision-Making and the Law: Autonomy, Capacity and the Limits of Liberalism (BOK)

Mary Donnelly

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This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focussing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.

Produktfakta

Språk Engelsk Engelsk Innbinding Innbundet
Utgitt 2010 Forfatter Mary Donnelly
Forlag
CAMBRIDGE UNIVERSITY PRESS
ISBN 9780521118316
Antall sider 344 Dimensjoner 15,2cm x 22,8cm x 2cm
Vekt 660 gram Leverandør Bertram Trading Ltd
Emner og form Medical ethics & professional conduct, Medical & healthcare law