Introduction

The principle of autonomy plays a fundamental role in English law and, indeed, frequent references to this principle can be found throughout the book. It is at the heart of human rights, so much so that, according to one respected theory, those who are unable to exercise autonomy do not have human rights. This chapter will explore the importance of autonomy to the law and its relationship with mental capacity; and how the law deals with those who lack mental capacity. These issues are greatly illuminated by the life course theory.

The principle of autonomy

The concept of autonomy is relatively straightforward. We should be allowed to make decisions about what happens to our lives. Children are told what to do by their parents, but adults should not be told how to behave by the law or the state unless there is a good reason. An example of a good reason would be that what you want to do will interfere with someone else's right to choose what they want to do. What would not be a good reason is the state thinking someone is making a bad choice. You might think the amount of time I spend writing this book is immoral or a waste of time, but I should be free to spend my time as I wish, and I am not hurting people by doing so!

It is also perhaps notable that the rise of autonomy has been matched by a lack of confidence about declaring what is or is not in a person's best interests. With a lack of trust in expertise and a breakdown in agreed moral values, it has become highly controversial to make decisions on what is or is not in someone else's interests. What might be good treatment for one person might not apply for a different person with different values and lifestyle. If no one can authoritatively decide what is good way of life for someone, then we may as well let them decide. Hence, we have the ‘triumph of autonomy’.

Supporters of autonomy emphasize the value that each of us puts on being in control of our destiny and being able to decide how to live out our version of the ‘good life’. One person may want to dedicate their life to the reading of poetry, and another to the drinking of beer.