Introduction

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book looks at academic medical law and focuses on some of the literature that has been influential in shaping the development and nature of the subject. It describes the analysis of the development of medical law by turning to consider some of the possible reasons underlying the growing involvement of the courts in this area. The book explores the ethical value of autonomy and its relationship with the common law in some medical law cases. It also describes some of the possible conceptual sources of the reliance on autonomy in medical law. Close analysis of those cases reveals how, in areas of medical law where the emphasis on patient empowerment is particularly keen themes of obligation and responsibility are equally as important to the courts as their need to uphold the caricature of the atomistic, rights-bearing patient.