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Making decisions about decision-making: conscience, regulation, and the law
1School of Law, University of Leicester, University Road, Leicester LE1 7RH, UK jose.miola@le.ac.uk.
Medical Law Review
|April 26, 2015
Summary
Legal and professional regulations can restrict individuals' ability to act on their conscience, potentially impacting medical ethics and decision-making. This shift may lead to concerns about the de-moralization of medicine.
Area of Science:
- Medical Ethics
- Legal Regulation
- Professional Accountability
Background:
- The exercise of conscience has significant implications, with historical medical scandals highlighting the fatal consequences of poor behavior.
- A broad definition of conscience is adopted to explore its role in healthcare decision-making.
Purpose of the Study:
- To analyze how societal decision-making processes, specifically legal and professional regulations, influence an individual's capacity to exercise conscience.
- To examine the evolving legal landscape concerning the intervention in individual conscience.
- To address concerns that legal changes might de-moralize the medical field.
Main Methods:
- Analysis of legal and professional regulatory frameworks.
- Historical review of legal attitudes towards conscience in medicine.
- Examination of the rationale behind shifts in legal intervention.
Main Results:
- Societal decision-making processes, including legal and professional regulations, can limit an individual's options and their ability to act on conscience.
- The law's approach has shifted towards limiting the exercise of conscience by individuals in medical contexts.
- This legal evolution raises concerns about the potential de-moralization of medicine.
Conclusions:
- Regulatory frameworks play a crucial role in shaping the exercise of conscience in healthcare.
- The trend towards limiting individual conscience in medicine warrants careful consideration of its ethical and moral implications.
- Understanding the reasons for these legal changes is essential for navigating the future of medical ethics.
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