The assessment of patients' decision-making capacity (DMC) has become an important area of clinical practice, and since it provides the gateway for a consideration of non-consensual treatment, has major ethical implications. Tests of DMC such as under the Mental Capacity Act (2005) for England and Wales aim at supporting autonomy and reducing unwarranted paternalism by being 'procedural', focus...

In an editorial published in this journal, Baltussen et al argue that information on cost-effectiveness is not sufficient for priority setting for universal health coverage (UHC), a claim which is correct as far as it goes. However, their focus on the procedural legitimacy of 'micro' priority setting processes (eg, decisions concerning the reimbursement of specific interventions), and their rel...

Justice is one of the most overused and underspecified concepts in the social scientific study of law. One reason for the lack of conceptual specificity is the uneasiness social scientists experience when asked to make a moral assessment of some decision, act or state of affairs. Naming and observing justice necessitates making a judgment rooted in values: Was an act or decision fair? Was it ap...

Agreements between national public authorities and higher education institutions serve as a governance instrument in many European countries. In Norway, these agreements are currently undergoing change, the state now invites to propose their own goals parameters agreements. This study seeks understand negotiation process for new assess how expect may affect institutional autonomy practice. The ...

Abstract The development and interest in decision-making that is or can be automated have opened the doors of debate regarding form substance related means regulating its application. Part this discourse involves proposals advocating for creation a new human right not to subject an decision. This article questions whether such necessary light existing substantive rules under legal frameworks al...

This article considers proposals to reform the law in response recent high profile cases concerning medical treatment of children, currently before Parliament Access Palliative Care and Treatment Children Bill 2019–21. It proposed procedural change, introduce a requirement for mediation court proceedings, argues that dispute resolution processes should be matter good practice rather than enshri...