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The Compleat Lawyer - Medical Law As Practical Reasoning: Doctrine, Empiricism, And Engagement

Montgomery, J; (2012) The Compleat Lawyer - Medical Law As Practical Reasoning: Doctrine, Empiricism, And Engagement. Medical Law Review , 20 (1) 8 - 28. 10.1093/medlaw/fwr034. Green open access

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Abstract

Margot Brazier modelled the relationship between legal scholarship and health care practice - an evidence based approach to doing good in the real world through the application of the discipline of law. No ivory tower academic, but a good citizen. This paper explores the expression of that comprehensive contribution in an academic paper and a policy review. She showed how law needs take into account the realities of the clinic when considering the plausibility of various claims for the doctrine of informed consent. Also how discipline could be brought to bear on policy-making, where in the Surrogacy Review she prioritised empirical evidence over preconceptions: evidence-based policy not policy-based evidence as modern consultation documents too often elicit. Margot also provided a role model for academic lawyers' contribution to the public good; not only through ensuring the proper administration of the law (as chair of the Animal Procedures Committee for the Home Office), but also in shaping a cathartic response to public concerns as Chair of the Retained Organ Commission. She did not set out to establish a grand theory of medical law, but rather built an approach that has enriched its practice and has had a lasting impact on those working in the field. In her hands, law is a tool for improving the practice of health care.

Type: Article
Title: The Compleat Lawyer - Medical Law As Practical Reasoning: Doctrine, Empiricism, And Engagement
Open access status: An open access version is available from UCL Discovery
DOI: 10.1093/medlaw/fwr034
Publisher version: http://dx.doi.org/10.1093/medlaw/fwr034
Language: English
Additional information: This is the author's original (submitted) version of this published work. This article has been accepted for publication in Medical Law Review. Published by Oxford University Press.
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1417815
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