TY - CHAP
T1 - Axiological Pluralism
T2 - Conflict in the Hospital, Resolution in the Courts
AU - Brownsword, Roger
N1 - Publisher Copyright:
© 2021, The Author(s), under exclusive license to Springer Nature Switzerland AG.
PY - 2021
Y1 - 2021
N2 - Where the ethical differences in a community go deep, to matters of first principle, how are the conflicts implicit in such axiological pluralism to be handled? In particular, how are the risks arising from a perceived legitimacy deficit to be managed? This chapter outlines a number of possible responses to these questions and, then, with the focus on three recent appeals to the UK Supreme Court (namely, the decisions in Montgomery, James, and Doogan), it offers some reflections on the role and responsibilities of the courts when faced with conflicts of this kind.
AB - Where the ethical differences in a community go deep, to matters of first principle, how are the conflicts implicit in such axiological pluralism to be handled? In particular, how are the risks arising from a perceived legitimacy deficit to be managed? This chapter outlines a number of possible responses to these questions and, then, with the focus on three recent appeals to the UK Supreme Court (namely, the decisions in Montgomery, James, and Doogan), it offers some reflections on the role and responsibilities of the courts when faced with conflicts of this kind.
KW - Axiological pluralism
KW - Compromise medicalisation
KW - Deliberative democracy
KW - Legitimacy deficit
KW - Medical law and ethics
UR - http://www.scopus.com/inward/record.url?scp=85142527501&partnerID=8YFLogxK
U2 - 10.1007/978-3-030-78475-1_8
DO - 10.1007/978-3-030-78475-1_8
M3 - Chapter
AN - SCOPUS:85142527501
T3 - Ius Gentium
SP - 125
EP - 148
BT - Ius Gentium
PB - Springer Science and Business Media B.V.
ER -