Miola, J orcid.org/0000-0001-9682-2284 (2015) MAKING DECISIONS ABOUT DECISION-MAKING: CONSCIENCE, REGULATION, AND THE LAW. Medical Law Review, 23 (2). pp. 263-282. ISSN 0967-0742
Abstract
The exercise of conscience can have far reaching effects. Poor behaviour can be fatal, as it has occurred in various medical scandals over the years. This article takes a wide definition of conscience as its starting point, and argues that the decision-making processes open to society—legal regulation and professional regulation—can serve to limit the options available to an individual and thus her ability to exercise her conscience. The article charts the law's changing attitude to legal intervention, which now seeks to limit the use of conscience by individuals, and addresses concerns that this may serve to ‘de-moralise’ medicine. It also examines the reasons for this legal change of approach.
Metadata
Item Type: | Article |
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Authors/Creators: | |
Copyright, Publisher and Additional Information: | © The Author 2015. Published by Oxford University Press; all rights reserved. This is an author produced version of an article published in Medical Law Review. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | Autonomy, Conscience, Decision-making, Medical ethics, Medical law, Regulation |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 09 Jan 2023 16:43 |
Last Modified: | 03 May 2023 01:43 |
Status: | Published |
Publisher: | Oxford University Press |
Identification Number: | 10.1093/medlaw/fwv010 |
Related URLs: | |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:162954 |