title: Making decisions about decision-making: conscience, regulation, and the law.
abstract: The exercise of conscience can have far reaching effects. Poor behaviour can be fatal, as it has occurred in various medical scandals over the years. This article takes a wide definition of conscience as its starting point, and argues that the decision-making processes open to society--legal regulation and professional regulation--can serve to limit the options available to an individual and thus her ability to exercise her conscience. The article charts the law's changing attitude to legal intervention, which now seeks to limit the use of conscience by individuals, and addresses concerns that this may serve to 'de-moralise' medicine. It also examines the reasons for this legal change of approach.
authors.affiliation: School of Law, University of Leicester, University Road, Leicester LE1 7RH, UK jose.miola@le.ac.uk.
authors.forename: José
authors.initials: J
authors.lastname: Miola
mesh_terms: D003242:Conscience; D003657:Decision Making / Q000941:ethics*; D004992:Ethics, Medical; D006801:Humans; D007258:Informed Consent / Q000941:ethics / Q000331:legislation & jurisprudence; D007883:Legislation, Medical; D028681:Moral Obligations; D028701:Patient Rights / Q000941:ethics* / Q000331:legislation & jurisprudence; D017009:Professional Autonomy
keywords: Autonomy; Conscience; Decision-making; Medical ethics; Medical law; Regulation