Remember Me
Or use your Academic/Social account:


Or use your Academic/Social account:


You have just completed your registration at OpenAire.

Before you can login to the site, you will need to activate your account. An e-mail will be sent to you with the proper instructions.


Please note that this site is currently undergoing Beta testing.
Any new content you create is not guaranteed to be present to the final version of the site upon release.

Thank you for your patience,
OpenAire Dev Team.

Close This Message


Verify Password:
Verify E-mail:
*All Fields Are Required.
Please Verify You Are Human:
fbtwitterlinkedinvimeoflicker grey 14rssslideshare1
Smith, Stephen (2018)
Publisher: Springer Verlag
Languages: English
Types: Article
Subjects: K1
Conscience and conscientious objections are important issues in medical law and ethics. However, discussions tend to focus on a particular type of conscience-based claim. These types of claims are based upon predictable, generalizable rules in which an individual practitioner objects to what is otherwise standard medical treatment (for example, the objections recognised in the Abortion Act). However, not all conscience based claims are of this type. There are other claims which are based not on an objection to a treatment in general but in individual cases. In other words, these cases may involve practices which the doctor does not usually object to but does so in this instance on these facts. This paper will explore these types of conscience-based claims in two ways. First, it will explore whether these types of individualised conscience-based claims are really conscience claims at all. Second, it will explore how these claims interact with the other sorts of judgements we expect doctors to make in these cases (things like professional standards, clinical judgment and the best interests of the patient).
  • The results below are discovered through our pilot algorithms. Let us know how we are doing!

    • [10] Glover, J (2015) On Moral Nose. In J. Coggon, S. Chan, S. Holm, T. Kushner, From Reason to Practice in Bioethics: An Anthology Dedicated to the Works of John Harris. Manchester: Manchester University Press.
    • [11] Holm, S. and Edgar, A., (2008), Best Interests: A Philosophical Critique, Health Care Analysis, 16, 197-207.
    • [12] Human Fertilisation and Embryology Act 1990, section 38.
    • [13] Kennedy, I., (1981), The Unmasking of Medicine, London: George Allen and Unwin.
    • [14] Kennedy, I., (1988), What is a Medical Decision?. In I. Kennedy, Treat Me Right: Essays in Medical Law and Ethics (pp. 19-31). Oxford: Oxford University Press.
    • [15] Magnusson, R., (2002), Angels of Death: Exploring the Euthanasia Underground, New Haven, CT: Yale University Press.
    • [16] McLeod, C., (2012) Taking a Feminist Relational Perspective on Conscience. In J. Downie and J. Llewellyn (Eds.) Being Relational: Reflections on Relational Theory and Health Law (pp. 161-181). Vancouver: U of British Columbia Press.
    • [17] Mental Capacity Act 2005.
    • [18] Mental Capacity Code of Practice 2007. Available at https://www.gov.uk/government/publications/mental-capacity-act-code-of-practice (accessed 14 July 2016)
    • [19] Miola, J., (2015), Making Decisions about Decision-Making: Conscience, Regulation and the Law, Medical Law Review, 23(2), 263-282.
    • [20] Montgomery, J., (2015) Conscientious Objection: Personal and Professional Ethics in the Public Square, Medical Law Review, 23(2), 200-220.
    • [21] In Re S [2001] Fam 1.
    • [22] Savulescu, J., (2006) Conscientious Objection in Medicine, British Medical Journal, 332, 294.
    • [23] Savulescu, J., (2007), The Proper Place of Values in the Delivery of Medicine, American Journal of Bioethics, 7(12), 21-22.
    • [24] Smith, R., (2009) Less is More: Body Integrity Identity Disorder. In S. Smith and R Deazley (Eds.) (pp. 147-157) The Legal, Medical and Cultural Regulation of the Body: Transformation and Transgression, Farnham, Surrey: Ashgate Publishing.
    • [25] Smith, S.W., (2015) A Bridge Too Far: Individualised Claims of Conscience, Medical Law Review, 23(2), 283-302.
    • [26] Wicclair, M.R., (2010) Conscience-Based Exemptions for Medical Students, Cambridge Quarterly for Healthcare Ethics, 19, 38-50.
  • No related research data.
  • No similar publications.

Share - Bookmark

Cite this article