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

By Alasdair Maclean

Alasdair Maclean analyses the moral foundation for consent to scientific remedy, delivering either an in depth reconsideration of the moral matters and a close exam of English legislation. Importantly, the research is given a context by means of situating consent on the centre of the healthcare professional-patient dating. this enables the advance of a relational version that balances the enterprise of the 2 events with their duties that come up from that dating. That relational version is then used to critique the present felony rules of consent. To finish, Alasdair Maclean considers the longer term improvement of the legislations and contrasts the version of relational consent with Neil Manson and Onora O'Neill's contemporary concept for a version of real consent.

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23) and to avoid the more extreme consequences of determinism: that we have no control over who we are and what we believe. All of these reasons suggest that bare self-determination is a less useful conception of autonomy than those views that incorporate rationality. However, even though rationality is necessary it may not be sufficient to justify valuing autonomy because of the absence of internal moral content. 50 Autonomy as rational self-determination, which may be sufficient for a consumerist free-market competitive ethic, fails to provide moral 46 47 48 49 50 P.

45. 53 Kant, Groundwork, p. 31 (4:421). , p. 38 (4:429). , p. 39 (4:431). , p. 47 (4:440). The nature of autonomy 21 by laws that could be willed as universal, which means that, in practice, all rational beings must be treated as ends in themselves. Thus, Kant envisaged autonomy as essentially relational56 and as the moral characteristic of a free, rational will. 57 Rather, they argue that Kant’s autonomy of the will provides the basis for more general duties. They then go on to use Kant’s categorical imperative to argue that the healthcare profession has a duty not to coerce or deceive the patient.

Wholly self-regarding decision-making, even if possible, falls foul of both the universalisability formulation and the ends/means formulation of Kant’s imperative. To live in the context of a social existence means that, in making decisions, the individual should take into account the impact of the decision on at least those others who exist in a close relationship with the individual. The impact on society of a rule that 56 57 58 B. Secker, ‘The appearance of Kant’s deontology in contemporary Kantianism: Concepts of patient autonomy in bioethics’ (1999) 24 Journal of Medicine and Philosophy 43, 48.

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