Firstly, it is necessary to mention that this case presents a dilemma of whether an individual is considered capable of making medical decisions, pursuant to the HCCA. An attempt to find a direct connection in the reasoning of the majority or dissent with the idea of feminism jurisprudence, which asserts law as a patriarchal institution, would be tenuous at best. However, the larger ideas of feminist jurisprudence may be capable of extrapolation and visible within the views of the court. For instance, feminist jurisprudence rejects a universalist abstract theory, in favour of focus on "specific, concrete, lived experiences in all their particularity and contextual detail." The reasoning of the court determines that in order to conclude whether someone is capable of making a medical decision under s. 4(1) of the HCCA, one should consider the particular circumstances of the individual involved. Their decision should be tailored to determine whether the contextual details illustrate that Starson is capable of understanding the information relevant to making a decision, and that he is able to appreciate the consequences that would arise from a decision of accepting or rejecting treatment.
Raymond Wacks Understanding Jurisprudence Pdf 32
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