Autonomy is a fundamental principle of medical law and ethics. It occupies an important place in the whole medico-legal and ethical debate. This book reviews the main issues in medical law, drawing attention to the power exercised by autonomy in relation to each issue, asking whether this power can be justified, and suggesting how other principles can and should influence the law. It concludes that the status of autonomy cannot be justified intellectually or ethically.
"It is unlikely that this book will be intact by the time you finish reading it. Whether that's because you threw it in the air while celebrating, or threw it across the room in frustration, depends on your perspective. This is a powerful polemic on the dominance of autonomy in medical law that demands a response. In a highly engaging, accessible account, it challenges many of the views that have become orthodox in the academic community. It will be a challenging book and one that will stimulate serious debate ".
Jonathan Herring, Exeter College, Oxford University
"This is an informative, lively and thought-provoking discussion of issues central to the courts' approach to ethical issues in medical law. What principles are at stake? More importantly, what really underpins and informs the process of seeking justice in difficult cases? Charles Foster persuasively argues and demonstrates that respect for autonomy is only one of many ethical principles that interact and can conflict. He also raises the delicate issue of the extent to which thoughts and factors influencing legal decisions may not appear in judgements "
Adrian Whitfield QC.