Abstract
This chapter introduces the themes we explore in the book. When a person is unable to make a decision for herself others need to make the decision on her behalf. This is typically done based on an assessment of what is in that person’s best interests, or what will best promote her welfare. This, we argue, entails an understanding of the Good Life. We argue that the Good Life, properly understood, does not consist in the selfish pursuit of one’s own happiness, but is characterised by altruism, virtue and good relationships.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
Adoption and Children Act 2002, s 1 similarly provides that when a court or adoption agency is coming to a decision relating to the adoption of a child, ‘[T]he paramount consideration … must be the child’s welfare, throughout his life,’ s 1(2). This changed the previous position under the Adoption Act 1976, s 6, by which the child’s welfare was the first, but not the paramount, consideration.
References
Coggon J (2010) Doing what’s best: organ donation and intensive care. In: Danbury C et al (eds) Ethics and law in critical care. Oxford University Press, Oxford
Donnelly M (2010) Determining best interests under the Mental Capacity Act 2005. Med Law Rev 19:27–43
Eekelaar J (2002) Beyond the welfare principle. Child Family Law Q 14:237–256
Herring J (1999a) The Human Rights Act and the welfare principle in family law: conflicting or complementary? Child Family Law Q 11:223–243
Herring J (1999b) The welfare principle and the rights of parents. In: Bainham A, Lindley B, Richards M (eds) What is a Parent?. Hart, Oxford
Herring J (2008) Caregivers in medical law and ethics. J Contemp Health Law Policy 25:1–24
Herring J (2014) Medical Law and Ethics, 5th edn. Oxford University Press, Oxford
Author information
Authors and Affiliations
Corresponding author
Rights and permissions
Copyright information
© 2015 The Author(s)
About this chapter
Cite this chapter
Foster, C., Herring, J. (2015). Introduction. In: Altruism, Welfare and the Law. SpringerBriefs in Law. Springer, Cham. https://doi.org/10.1007/978-3-319-21605-8_1
Download citation
DOI: https://doi.org/10.1007/978-3-319-21605-8_1
Published:
Publisher Name: Springer, Cham
Print ISBN: 978-3-319-21604-1
Online ISBN: 978-3-319-21605-8
eBook Packages: Humanities, Social Sciences and LawLaw and Criminology (R0)