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Relationality, Care and Medical Law
from Private Law and the Individual
Published online by Cambridge University Press: 05 May 2022
This chapter will explore Lady Hale’s contribution to medical law in relation to three themes. The first is the importance she attaches to care. While medical law tends to emphasise the work of professionals, and particularly doctors, Lady Hale has emphasised the importance of care as a central value in health. Second, and linked, is the emphasis placed on relationships. Her judgments in medical law avoid a highly individualised approach to concepts such as best interests or autonomy and recognise the importance of relationships to a person’s identity and well-being. Third, she has been keen to emphasise the significance of autonomy, but not in an abstract sense; rather, she focuses on autonomy built upon real-life experiences, particularly of women. The attention she gives to autonomy as a lived, relational experience, rather than something hyper-rationalised and separated, is one of her key contributions to medical law.
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