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

by Mary Donnelly

Overview

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.

Product Details

ISBN-13:	9781107470927
Publisher:	Cambridge University Press
Publication date:	11/20/2014
Series:	Cambridge Law, Medicine and Ethics , #12
Pages:	346
Product dimensions:	5.98(w) x 9.02(h) x 0.71(d)

About the Author

Dr Mary Donnelly is a Senior Lecturer at the Law Faculty, University College Cork, where she teaches medical law at undergraduate and postgraduate levels.

Table of Contents

Introduction; 1. Autonomy: variations on a principle; 2. Autonomy in the law; 3. Capacity: the gatekeeper for autonomy; 4. Capacity assessment in practice; 5. Autonomy, rights and decision-making for people lacking capacity; 6. Treatment for a mental disorder: a case apart; Conclusion.