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  • 17 - Advance Directives in Asia: Towards “Generative Accommodation”

  • from Part III - Non-regulated Jurisdictions
  • Edited by Daisy Cheung, The University of Hong Kong, Michael Dunn, National University of Singapore
  • Book:
    Advance Directives Across Asia
    Published online:
    02 February 2023
    Print publication:
    09 February 2023, pp 310-336
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  • Summary

    In this final chapter, we offer some comparative analysis and tentative concluding comments. We begin with an examination of different aspects of the law and practice of advance directives (ADs) in these jurisdictions, identifying similarities and trends. With this summary of the various connections between these jurisdictions, we then offer some broader reflections on two key features common to Asian jurisdictions, the role of religion and the role of the family. We conclude with a critical examination of this emerging picture of ADs in Asia, arguing that these insights suggest that distinctive patterns of “generative accommodation” are observable as a way of aligning international consensus with localised traditions and expectations in a more nuanced account of the meeting ground between the East and the West.

Advance Directives Across Asia
  • A Comparative Socio-legal Analysis
  • Edited by Daisy Cheung, Michael Dunn
  • Published online:
    02 February 2023
    Print publication:
    09 February 2023
  • This book is the first to consider comprehensively and systematically the law and practice of advance directives across Asia. It will thus be important not only as a reference volume that documents how advance directives are regulated and used throughout Asia, but also as an exploration of the concept of the advance directive itself, in context. By examining how advance directives operate in Asian countries, we will also shed light on the principle of personal autonomy in this context, alongside other values and religious and socio-cultural factors that shape health and care decision-making. As such, this book will have broad appeal not only to Asian scholars, students, policymakers and practitioners in the fields of health law and ethics and end-of-life care more generally, but will also be of wider interest to an international academic audience in the fields of law, ethics and health and social care research. This title is also available as open access on Cambridge Core.