Who's in Charge? The Relationship between Medical Law, Medical Ethics and Medical Morality

31 Pages Posted: 8 Nov 2014 Last revised: 9 Nov 2014

See all articles by José Miola

José Miola

University of Leicester

Charles Foster

University of Oxford

Date Written: November 7, 2014

Abstract

Medical law inevitably involves decision-making, but the types of decisions that need to be made vary in nature, from those that are purely technical to others that contain an inherent ethical content. In this paper we identify the different types of decisions that need to be made, and explore how whether the law, the medical profession or the individual doctor is best placed to make it. We also argue that the law has failed in its duty to create a coherent foundation from which such decision-making might properly be regulated, and this has resulted in a haphazard legal framework that contains no consistency. We continue by examining various medico-legal topics in relation to these issues before ending by considering the risk of demoralisation.

Keywords: Medical law, medical ethics, medical morality, decision-making

Suggested Citation

Miola, José and Foster, Charles, Who's in Charge? The Relationship between Medical Law, Medical Ethics and Medical Morality (November 7, 2014). University of Leicester School of Law Research Paper No. 14-28. Available at SSRN: https://ssrn.com/abstract=2520488 or http://dx.doi.org/10.2139/ssrn.2520488

José Miola (Contact Author)

University of Leicester ( email )

University Road
Leicester LE1 7RH, LE1 7RH
United Kingdom

Charles Foster

University of Oxford ( email )

Mansfield Road
Oxford, Oxfordshire OX1 4AU
United Kingdom

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