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Healthcare Decision Making and the Law Autonomy Capacity and the Limits of Liberalism 1st Edition by Mary Donnelly ISBN 052111831X 9780521118316

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Healthcare Decision Making and the Law Autonomy Capacity and the Limits of Liberalism 1st Edition Mary Donnelly Digital Instant Download

Author(s): Mary Donnelly
ISBN(s): 9780521118316, 052111831X
Edition: 1
File Details: PDF, 2.93 MB
Year: 2011
Language: english
SKU: EB-2227500 Category: Tag:

Healthcare Decision Making and the Law Autonomy Capacity and the Limits of Liberalism 1st Edition by Mary Donnelly – Ebook PDF Instant Download/Delivery: 052111831X, 9780521118316
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ISBN 10: 052111831X 
ISBN 13: 9780521118316
Author: Mary Donnelly

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. Focusing 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.

Healthcare Decision Making and the Law Autonomy Capacity and the Limits of Liberalism 1st Table of contents:

  1. Autonomy: Variations on a Principle
    pp. 10–48

  2. Autonomy in the Law
    pp. 49–89

  3. Capacity: The Gatekeeper for Autonomy
    pp. 90–130

  4. Capacity Assessment in Practice
    pp. 131–175

  5. Autonomy, Rights and Decision-Making for Patients Lacking Capacity
    pp. 176–224

  6. Treatment for a Mental Disorder: A Case Apart?
    pp. 225–268

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Tags: Mary Donnelly, Healthcare, Law Autonomy, Liberalism