Virtue ethics is a way of viewing the moral life in terms of the necessary dispositions which shape human action towards the good, and towards human flourishing. Thinking of the moral life in terms of virtue was the dominant approach to moral philosophy in ancient and medieval thought. Although largely absent as a major strand of thought in moral philosophy after the Enlightenment, it has key features which challenge the dominant approaches in moral philosophy. The second half of the twentieth century saw a revival in virtue ethics, inspired by philosophers such as Anscombe and MacIntyre. The Hippocratic tradition provides a virtue framework for medicine, and the revival of virtue ethics has led to further work to explore the importance of virtue in medical practice. In the morally and technically complex world of medical practice, the virtues of prudence, justice, fortitude, and temperance are necessary for the doctor to act according to the best interests of the patient, which are in line with the proper ends of medicine. The law has a role in prohibiting acts which are not in accordance with the ends of medicine, which cannot be virtuous. It also has a role in helping to arrive at prudential decisions in cases where there are disputes between patients or their families and medical teams about a best course of action. Finally, medical law should have a role in cultivating virtue within medicine for the benefit of patients and doctors.
Children’s best interests and parents’ views: challenges from medical law