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Title: Making decisions about decision-making: conscience, regulation, and the law.
Authors: Miola, José
First Published: 24-Apr-2015
Publisher: Oxford University Press (OUP)
Citation: Medical Law Review, 2015, 23 (2), pp. 263-282
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.
DOI Link: 10.1093/medlaw/fwv010
ISSN: 0967-0742
eISSN: 1464-3790
Version: Post-print
Status: Peer-reviewed
Type: Journal Article
Rights: Creative Commons “Attribution Non-Commercial No Derivatives” licence CC BY-NC-ND, further details of which can be found via the following link: Archived with reference to SHERPA/RoMEO and publisher website.
Appears in Collections:Published Articles, School of Law

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