Health care analysis : HCA : journal of health philosophy and policy
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This article provides an understanding and defence of 'best interests'. The analysis is performed in the context of, and is informed by, English law. ⋯ It is accepted that some commentators are cynical of best interests in practice. Following an assessment of some of their principal concerns, it is suggested that best interests in fact provides a construct that is both defensible and desirable.
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In this article I will show that 'best interests' is a concept that fits nicely with many of the features of pragmatism--Holm and Edgar's rejection of the principle in favour of pragmatism it will be suggested is misplaced. 'Best interests' as a principle may be considered an embodiment of the ideals of pragmatic adjudication. The paper starts by briefly introducing the concept of 'best interests' and theories of judicial and legal 'pragmatism'. This article will examine the role of the rational decision-maker in medical law and argue that this role is limited. The paper concludes by suggesting how we view the relationship between 'best interests' and 'pragmatism'.
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This paper is a response to a paper by John Coggon 'Best Interests, Public Interest, and the Power of the Medical Profession'. It argues that certain legal judgements in relation to best interests seek to change and curtail the role of the medical profession in this arena while simultaneously extending the jurisdiction of the courts. It also argues that we must guard against replacing one professional standard, that of the medical profession, with another, that of the judiciary in this area.