Forging a relational approach: Best interests or human rights?

Journal article

This article considers whether someone who is attracted to relational ethics is likely to find a rights-based approach or a best interests-based approach to medical law more amenable to accommodating the responses they would wish to promote. Many of those promoting relational approaches have rejected the standard legal approaches and preferred instead to promote alternatives based on an ethic of care. The article explores the capacity of both rights and best interests in the context of medical law to take account of relational values. It accepts that both approaches raise concerns for relational ethicists, but both have the potential to develop promising line of argument. It seeks to analyse and explore them. © The Author(s) 2013.

Authors: Herring, J

• Journal: Medical Law International
• Volume: 13
• Issue: 1
• Pages: 32-54
• Publication date: 2013-03-01
• DOI: 10.1177/0968533213486542
• EISSN: 2047-9441
• ISSN: 0968-5332
• Language: English
• Keywords: Relational; Ethic of care; Welfare; Best interests; Rights