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, offering either an in depth reconsideration of the moral concerns and a close exam of English legislations. Importantly, the research is given a context via situating consent on the centre of the healthcare professional-patient dating. this enables the improvement of a relational version that balances the organization of the 2 events with their tasks 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 suggestion for a version of actual consent.

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222–3. The limits of autonomy 33 those harms where the victims are the indeterminate members of the community. 101 These judgements justify argument, persuasion and remonstration but not coercion. Certainly if, when it matters, our autonomy is restricted to making decisions that others see as wise it would be fatally undermined as a concept.

The Inner Citadel (New York: Oxford University Press, 1989), pp. 27, 43. 20 Autonomy justification for action in those areas of life that require cooperation rather than competition. This is particularly so where the Humean or neo-Humean approach to rationality is followed. Although the liberal approach to autonomy as rational self-determination may concede that autonomy should be limited by the impact of individual selfdetermination on the community,51 some approaches conceptualise autonomy as possessing internal moral content.

37; B. R€ ossler, ‘Problems with autonomy’ (2002) 17 Hypatia 143, 146–7. Richards, ‘Rights and autonomy’, 7. B. M. Waller, ‘The psychological structure of patient autonomy’ (2002) 11 Cambridge Quarterly of Healthcare Ethics 257. 26 Autonomy ‘determined’ to respond to moral obligations will do so if such moral obligations exist. Thus, treating people as if they are autonomous may result in behaviour that is beneficial both to themselves and to others within the community. Similarly, behaving as if people have autonomy allows us to retain reactive attitudes towards them making the world more ‘human’ and less mechanistic than it might be in their absence.

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