Journal Articles

• Watkins, M., 2023. Participation in the Court of Protection: A Search for Purpose. International Journal of Mental Health and Capacity Law.
  • more information
• Watkins, M., 2022. Justifying and practising effective participation in the Court of Protection: an empirical study. Journal of Law and Society.
  • more information
• Watkins, M.J.B., 2022. Northamptonshire Healthcare NHS Foundation Trust V AB [2020] EWCOP 40-Mental Capacity and the Anorexic Patient in the Court of Protection: Understanding Values, Framing Matters and Specification of the Declaration. Med Law Rev, 30 (2), 364-379.
  • more information
• Kong, C., Stickler, R., Cooper, P., Watkins, M. and Dunn, M., 2022. The 'human element' in the social space of the courtroom: framing and shaping the deliberative process in mental capacity law. LEGAL STUDIES.
  • more information

Conferences

• Watkins, M. and Samuel, W., 2024. One (em)body, why not everybody: the need to recognise collective embodiment in the context of health. In: Socio-Legal Studies Association 6-8 April 2022 University of York.
  • more information
• Watkins, M., Harrington, J., Farrell, A.-M. and Reed-Berendt, R., 2023. Legal Transplants and Policy Transfers Workshop. In: Legal Transplants and Policy Transfers Workshop 15 September 2023 SPARK, Cardiff University.
  • more information
• Watkins, M., 2023. Health Law in Wales: Teaching Values, Ethics and Law. In: Social Research Lecture Series 6 March 2023 Cardiff University.
  • more information
• Watkins, M. and John, H., 2022. Beyond Demoralisation: Grounding Medical Law in Social Practice and Tradition. In: Society of Legal Scholars 6-8 September 2022 Kings College, London.
  • more information
• Watkins, M., John, H., Ruby, R.-B. and Ann-Maree, F., 2022. Legal Transplantations: Exploring the Development of Organ Donation between devolved governments in the UK. In: Socio-Legal Studies Association 6-8 April 2022 University of York.
  • more information
• Watkins, M., Stickler, R., Camillia, K., John, C., Cooper, P. and Dunn, M., 2021. Section 4 in Practice: Best, substitutes or a 'subtly blended perspective?'. In: Society of Legal Scholars 30 March-2 April 2021 Durham University. https://www.slsa.ac.uk/images/conferences/Cardiff_2021_FINAL.pdf.
  • more information
• Watkins, M., 2021. The missing voice in the Court of Protection: 3-Dimensions of Participation in Health and Welfare Cases. In: Society of Legal Scholars 1-4 September 2021 Durham University.
  • more information
• Watkins, M. and Stickler, R., 2021. Best Interests beyond the law: unwritten judicial decision-making in the time of Covid-19. In: Mental Diversity Law Network Conference 1 June 2021 Online.
  • more information
• Watkins, M., 2019. Consent to organ donation in Wales: Unjustified Intergenerational Inequality? In: Postgraduate Bioethics Conference 2019 30 October 2019 Swansea University.
  • more information
• Watkins, M., 2019. Rationalising the Autonomy in Montgomery: clarifying the legal standard of care in information disclosure. In: Society of Legal Scholars 3-5 April 2019 Leed University.
  • more information

Invited Lectures

• Confusing the purpose of the medical relationship, IME, London (Online), 10 Nov 2021 more
  

  It is nearly 20 years since O’Neil published Autonomy and Trust in Bioethics. This seminal book exposed the relationship between the reduction in public trust and the dramatic increase in both ethical and legal regulation of medical decision-making. However, rather than fill the void with a coherent set of beneficent principles, certain members of the judiciary have embarked on a campaign to shift the power in the medical relationship to the patient. Adopting the mantra: the patient rather than the doctor must decide. This paper will argue that the development of Negligence case-law has led to the piecemeal eradication of medical discretion. Worse, the Law has re-characterised doctor-patient relationship: from one grounded on moral principles, to one based on servicing the patient consumer. Not only is this alien to the British conception of medicine, it is damaging to both the patient and the doctor. First, it legitimises abandoning the inexpert, and vulnerable, patient to complex and potentially harmful decision-making. Second, it divorces the doctor from the moral basis, principles and virtues, which require them to care for the patient in the act of medicine. Without this moral basis to guide her actions, a doctor can only act by following rules to avoid sanction. If these rules are decided by the patient, there is every possibility that the doctor will forced to do harm. When harm occurs the cycle of regulation continues. Adopting the scholarship of Thomasma and Pellegrino, this paper advocates that only when the patient, and society at large, can trust that all doctors are acting upon shared moral principles will this cycle end. The the first step is a collective conception of the purpose of medicine: as Beneficence-in-trust.
• The growing need to recognise distinct Welsh healt, Cardiff University (Online), 24 Sep 2021 more
  

  Health, and especially public health, is a hugely important issue in Wales; socially, economically and politically. The 2020-2021 budget saw spending on Health and Social Services makes up around 8-9% of the annual budget, and this is estimated to grow by 5.2% (in nominal terms to £419m) during next year, with additional funds being allocated in light of Covid-19. Despite this significant spending the people of Wales continue to suffer from a legacy of industrial related disease, poor health and illness resulting from poverty and social deprivation. Despite Wales’s unique health and social need, the Westminster government have long continued to adopt universal health policy and facilitative laws, which are designed around a British model of the NHS. By British, we mean a model that is usually tailored to ‘English’ rather than ‘Welsh’ health needs and values. This policy, particularly during the Thatcher, and New Labour years, focused on values which promoted the maximisation of consumer choice, liberalism and breaking up of services, to create competition and markets of medicine. These values of the liberal model of health, have percolated into common law through various judgements (particularly in the law relating to mental capacity, best interests and consent) within the common law of England and Wales. Autonomy and the rhetoric of patient rights have been cast as ethical trump cards and been adopted in consolidatory pieces of legislation – again flowing from Westminster, with little devolved consultation. Thus, the cycle of English value-colonisation has continued. Recently legal and bioethical commentators have rightly criticised this ethical model of medicine, and its manifestation in law, as lacking empirical reflexivity, abstracting law and ethics from the systems and context in which medicine operates, and demoralising medicine – causing doctors to act formalistically – rather than in the interests of their actual patients. These problems of top-down systems of law and policy have been exacerbated in the Welsh context due to the sparse demography, linear infrastructure, diverse health needs, and perceived role of health in society. The patient has been recast as an autonomous consumer, holding rights, and entitled to a smorgasbord of treatments; the doctor simply became a provider of medical services. These liberal values stand in sharp relief to the more traditional values of Welsh healthcare, which prioritised: communitarian approaches to health (where services were designed to facilitate close-knit Welsh communities) and the values of solidarity and egalitarianism; exemplified through the creation of organisations such as the Tredegar Workmen’s Medical Aid Society (which acted as the inspiration for the modern NHS). This paper argues that it has long been recognised that health law and policy must instead be tailored to the unique dynamic of the Welsh patient, the NHS in Wales, and Welsh health values. Relying on MacIntyre, these authors suggest that these values can be delineated through a combination of historicism (i.e. through investigation and analysis of the culture and tradition of Welsh health care) and empiricism (i.e. by sociological investigation into the internal morality of medicine, how the Welsh NHS functions, and the values that influence decisions in practice). From analysis of policy, culture and law, this paper posits four potential Welsh values: (1) Deliberation, (2) Solidarity (3) Equality, and (4) Sustainability. These values have already manifest within health policy and law after the GOWA 1998 e.g. through the creation of Community Health Councils, the reformation of infrastructure, and discreet pieces of law. However, the movement to Schedule 7, GOWA 2006, and the devolution of primary law-making powers, in combination the adoption of a reserved power, in the Wales Act 2017, now for the first time, provides the Government of Wales the legislative competence to fashion a health system t
• Getting Informed about Informed Consent, Winchester University, 01 Dec 2017 more
  

  Getting informed about Informed Consent
• Planning Ahead: LGBT issues at end of life, PULSE LGBT Network, 01 Nov 2017 more
  

  Planning Ahead: LGBT issues at end of life

Grants

• Law, Ethics and Medical Decision-making for Information Disclosure Project (Economic and Social Research Council, 01 Oct 2022). Completed