ABSTRACT

This book assessed the adequacy of the legal protection that is afforded to the manifestation of religious belief in difficult and contentious medical law cases. The pathway to the resolution of that particular question was not a linear one. The issues encountered in these contentious cases were morally ambiguous in the sense that competing arguments all had some plausibility. Addressing the idea of the adequacy of legal protection meant manoeuvring away from addressing the uniquely legal aspects of medical law to addressing the moral or principled basis for the decision-making process. This required the determination of a mode of inquiry that would help judges to deliberate in an apparent objective and rational way about issues that are fought on moral, religious, philosophical, and legal grounds.