Consequentialism and the Law in Medicine

This chapter discusses consequentialism. There are two broad schools of ethical theory: consequentialism and non-consequentialism. According to consequentialism, the right act is that act which has the best consequences. According to non-consequentialism, the rightness of an action is not solely determined by its consequences. The most famous version of non-consequentialism is deontology, which holds that an individual has an absolute duty to obey certain rules. Medical law exists at the intersection between consequentialism and deontology. Much of medical law is consequentialist in nature. However, having evolved from a set of Christian values and principles, it retains certain deontological characteristics. In particular, it retains a commitment in many jurisdictions to the Sanctity of Life Doctrine, though this is being shed or modified as assisted dying becomes legalized. The chapter finishes with a description of some examples of the influence of consequentialism over current medical law.