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Law and BioethicsCurrent Legal Issues Volume 11$
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Michael Freeman

Print publication date: 2008

Print ISBN-13: 9780199545520

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199545520.001.0001

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Magic, Myths, and Fairy Tales: Consent and the Relationship Between Law and Ethics

Magic, Myths, and Fairy Tales: Consent and the Relationship Between Law and Ethics

Chapter:
(p.111) 7 Magic, Myths, and Fairy Tales: Consent and the Relationship Between Law and Ethics
Source:
Law and Bioethics
Author(s):

Alasdair R Maclean

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199545520.003.0007

The law, particularly the judge-made reactive common law, is always open to the influence of ethical discourses challenging the dominant view. In the context of healthcare provision, the power of the medical profession traditionally allowed the dominant approach to remain relatively safe from external challenge. More recently, with the development of the discipline of bioethics and other societal changes, the traditional norms have come under increasing scrutiny and challenge and this continuing ethical critique is at its strongest in the field of healthcare law. This chapter examines the possible impact that this relatively new discourse has had on the legal regulation of consent to medical treatment, focusing particularly on the legal duty to disclose information.

Keywords:   healthcare law, bioethics, consent, autonomy, disclosure, paternalism

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