Halliday, S (2011) Legislating to give effect to precedent autonomy: comparative reflections on legislative incompetence. Medical Law International, 11 (2). 2. 127 - 171 (45). ISSN 0968-5332
Abstract
This article considers the legislative responses to the perceived need to provide for the binding force of precedent autonomy in Austria, Germany and England. It reflects comparatively upon the impact of these responses in considering to what extent it is possible to make an anticipatory refusal of consent to medical treatment that will bind healthcare professionals, as opposed to being merely a factor to be considered in determining the patient's best interests or presumed will. It concludes that each of the three legislatures has introduced significant hurdles to the creation of a binding anticipatory decision, ensuring that medical discretion and the presumption in favour of life will be preserved in the majority of cases, and in so doing undermines the very concept of precedent autonomy.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2011, owner. This is an author produced version of a paper published in Medical Law International. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | Advance decision; Advance directive; Precedent autonomy; Comparative; Personhood; Anticipatory refusal; Best interests; Presumed will; Refusal of treatment; Medical discretion |
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: | 21 Oct 2013 10:01 |
Last Modified: | 15 Sep 2014 02:59 |
Published Version: | http://dx.doi.org/10.1177/096853321101100202 |
Status: | Published |
Publisher: | Sage Publications |
Refereed: | Yes |
Identification Number: | 10.1177/096853321101100202 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:76574 |