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Ethical Dilemmas I01:17

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Published on: April 18, 2017

Best interests and pragmatism.

Sheelagh McGuinness1

  • 1Institute for Science, Ethics and Innovation, Centre for Social Ethics and Policy, School of Law, University of Manchester, Williamson Building, Oxford Road, Manchester M20 4LZ, UK. sheelagh.mcguinness@manchester.ac.uk

Health Care Analysis : HCA : Journal of Health Philosophy and Policy
|August 6, 2008
PubMed
Summary
This summary is machine-generated.

The principle of "best interests" aligns well with legal pragmatism, contrary to some scholarly views. This article explores how "best interests" embodies pragmatic adjudication ideals, particularly in medical law.

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Area of Science:

  • Legal Philosophy
  • Medical Law
  • Jurisprudence

Background:

  • The concept of 'best interests' is central to legal and medical decision-making.
  • Theories of judicial and legal pragmatism offer alternative frameworks for adjudication.
  • Scholarly debate exists regarding the compatibility of 'best interests' with pragmatism.

Purpose of the Study:

  • To demonstrate the compatibility of the 'best interests' principle with pragmatism.
  • To critique the rejection of 'best interests' in favor of pure pragmatism.
  • To examine the role and limitations of rational decision-makers in medical law.

Main Methods:

  • Conceptual analysis of 'best interests' and legal pragmatism.
  • Review of existing literature on judicial and legal pragmatism.
  • Examination of the application of 'best interests' in medical law.

Main Results:

  • The 'best interests' principle is presented as an embodiment of pragmatic adjudication ideals.
  • The rejection of 'best interests' in favor of pragmatism by Holm and Edgar is argued to be misplaced.
  • The role of the rational decision-maker in medical law is found to be limited.

Conclusions:

  • The 'best interests' principle and pragmatism are compatible and mutually reinforcing.
  • 'Best interests' serves as a practical embodiment of pragmatic legal philosophy.
  • A nuanced understanding of the relationship between 'best interests' and pragmatism is essential for legal and medical contexts.