LAW 724 Legal Aspects of International Business of Trade Policy

The work submitted by you, on the decision of Starson v Swayze, [2003] 1 S.C.R. 722, is particularly insightful. This is because you have gone against the decision given by judges in this case and have established how it was crucial to uphold the best interest of the patient before uphold the autonomy of that patient (Sklar, 2007). In order to further improve upon this contention, the inherent debate between autonomy and paternalism could have been touched upon (van Boom & Ogus, 2010).

In my view, a discussion on informed consent and how this is polarising and constricting, could have supported the contentions made by you (Sklar, 2007). The case involved the courts upholding the right of refusing treatment, that is available to the patients. And to prove this being an incorrect approach, reference could have been made to different studies, whereby the informed consent was questioned by scholars (Corrigan, 2003). Within this context, however, there is a question on why the informed consent still exists if the notion is an incorrect one. Hence, there is a need for getting into the reasoning given by the court in this regard and to further investigate their reasonings to give a more critical support to the points raised by you.

References

Corrigan, O. (2003). Empty ethics: the problem with informed consent. Sociology of health & illness, 25(7), 768-792.

van Boom, W. H., & Ogus, A. (2010). Introducing, defining and balancing autonomy v. paternalism. Erasmus L. Rev., 3, 1.

Sklar, R. (2007). Starson v. Swayze: The Supreme Court speaks out (not all that clearly) on the question of “capacity”. The Canadian Journal of Psychiatry, 52(6), 390-396.

Starson v Swayze, [2003] 1 S.C.R. 722.

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