Lessons About Best Interests Duty

Beyond Best Interests

I. The Problem with Best Interests: A Framework; a Justificatory Idiom; and a Problem ................................. 1192 A. Framework: The Three Dimensions of State Interventions Aimed at Influencing Reproduction .............................................................. 1192 B. Justificatory Idiom: Best Interests of the Resulting Child Justifications, Their Attraction and Prominence .....

Who Determines Children's Best Interests?

Treatment in patients’ best interests

A note on the current state of the law as regards balancing the autonomy, and personal values, of a mentally incapacitated patient against treatment plans with which they do not agree. The author summarises the outcomes of two medical treatment cases heard by the Court of Protection, with similar facts and different results, by way of adding to the advice to practitioners for their communicatio...

Harm is all you need? Best interests and disputes about parental decision-making.

A growing number of bioethics papers endorse the harm threshold when judging whether to override parental decisions. Among other claims, these papers argue that the harm threshold is easily understood by lay and professional audiences and correctly conforms to societal expectations of parents in regard to their children. English law contains a harm threshold which mediates the use of the best i...

The “eye of the Beholder”: Professional Opinions about the Best Interests of a Child