Best interests: Advancing the Argument for Ambiguity
Jonathan Ives1, Michael Dunn2, Michaela Okninski3, Bernadette Richards3, The University Of Bristol, Uk Bristol2, 3, Australia 1The University Of Bristol, Uk, Bristol United Kingdom2National University of Singapore Singapore3The University of Queensland, Queensland Australia
Abstract
‘Best interests’ decision-making is a standard approach to making health and care decisions for those who cannot decide for themselves across many international jurisdictions, although how the meaning of ‘best interests’ is fleshed out can vary significantly. This is not only a consequence of stipulated differences between jurisdictions, but also within them, where variation in legal reasoning and practical application are observable.
Partly for these reasons, criticism has been levelled at the best interests principle for its conceptual ambiguity, meaning that it may, in theory, be used to support a range of different outcomes. The implication here is that it is too ambiguous to be a useful decision-making tool, or too easily interpreted to suit the decision-maker’s interests.
In this panel, we draw on empirical, ethical and legal analysis to explore the contrary position within three overlapping legal contexts where best interests decision-making is required: England and Wales, Singapore, and Australia. We contend that the conceptual ambiguity of best interests provides the necessary flexibility to allow ethical judgment to be exercised, which in turn permits the most (ethically) justifiable decision to be made in any particular circumstance.
The panel will comprise 4 presentations which, in turn, explore the manifestation of conceptual ambiguity across international jurisdictions, considering the implications of an ambiguous approach, and the positive case (and associated concerns) for embracing ambiguity.
Technology permitting, the presentation will include audience polling to generate items for discussion, followed by audience discussion at the end.
Biography
Jon is Professor of Empirical Bioethics, University of Bristol, UK, and currently researches innovation/AI and clinical ethics. He sits on the NICE Highly Specialised Technology Evaluation Committee, and chairs the BNSSG ICB Risk and Ethics Advisory Forum. He is lead editor for the newly commissioned Routledge Handbook of Empirical Bioethics.
Mikey – Bio to come
Michaela – Bio to come (EARLY CAREER)
Bernadette – Bio to come