Term Papers: new doctrine and instrument in the English Common Law
The living will is a relatively new doctrine and instrument in the English Common Law. The living will is a creation of necessity that came about due to the huge and unforeseeable medical advances that occurred in the 20th century due primarily to technological breakthroughs.
Prior to this time, the common law allowed an individual to make her medical decisions only during such time as she was physically competent to do so. If and when such competency ended, the law imposed a strict protocol of persons to whom the duty of decision-making would fall.
No allowances were made for what we now call advance directives. Is this an improvement of the law or do living wills and advance directives create more problem than they solve? Please use a concrete example to support your argument.
