By Charles Foster
Autonomy is an important precept in scientific legislation and ethics which occupies a in demand position in all medico-legal and moral debate. yet there's a harmful presumption that it may have the one vote, or not less than the casting vote. This publication is an attack on that presumption, and an audit of autonomy's amazing prestige. opting for lifestyles, picking out loss of life surveys the most matters in clinical legislations, noting, relating to each one factor, the facility wielded by way of autonomy, asking no matter if that strength may be justified, and suggesting how different rules can and will give a contribution to the legislations. The book's constitution is generally chronological. It starts off sooner than start - with questions when it comes to reproductive expertise and the possession of gametes - and ends after dying - with the problems on the subject of the possession of physique elements. at the means, it offers with the prestige of the early embryo and the fetus, the legislation of abortion, confidentiality, consent, scientific litigation, scientific learn, and end-of-life decision-making. identifying existence, making a choice on dying concludes that autonomy's prestige can't be intellectually or ethically justified, and that optimistic discrimination in want of the opposite balancing rules is urgently wanted with a purpose to steer clear of a few sinister effects. There are few books which take a pro-life and anti-autonomy stance. it is a arguable topic that might galvanize debate between students, judges, and practitioners. Authored by means of Charles Foster, a broadly revered pupil who has written generally during this quarter, selecting existence, selecting demise is an interesting, realized, and thought-provoking dialogue of the issues critical to the courts' method of moral matters in clinical legislation.
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Additional info for Choosing Life, Choosing Death: The Tyranny of Autonomy in Medical Ethics and Law
8 Autonomy: Challenging the Consensus given. This type of analysis (or non-analysis) does not locate the right to consent in any particular theory of rights. And fourth, ‘autonomy’ is sometimes used in an evaluative way. Thus when we say that X is autonomous we are saying nothing at all about what it means to be autonomous, but simply that X or her decision deserves respect. 21 Note that this usage is only possible if the consensus about the primacy of autonomy is complete. If you behave autonomously, you and your decision are to be respected.
There is something of a civil war raging between doctors’ autonomy rights and patients’ autonomy rights. The fact of that war turns out to be yet another reason why we should be reluctant to hand over all ethical governance in medicine to autonomy. We need to look at that war. It is the subject of the next chapter. 19 3 Whose Autonomy? A 23 YEAR OLD woman attends her general medical practitioner (GP). She is 12 weeks pregnant, is unhappy being pregnant, and wants an abortion. Her GP has no particular religious objection to abortion, but having seen the procedure being carried out when he was a medical student, finds it distasteful and wants to have nothing to do with it.
10 Autonomy: Challenging the Consensus and the unborn child that she desperately wanted. The court’s response was compassionate, wholly just and analytically wholly indefensible. It said that she lacked capacity—that she was not properly autonomous. But by all the usual canons of construction she clearly was. It was a decision that saved the woman, her child, and the fig-leaf of philosophical respectability worn by the autonomists. It was plainly right to decree that the caesarean section should be carried out, and on the law as it stood (dictated primarily by autonomy) it was the only way to achieve the right result.
Choosing Life, Choosing Death: The Tyranny of Autonomy in Medical Ethics and Law by Charles Foster