Alternatively, what degree of autonomy ought the polity, in our "segmented society," recognize for social groups, "each presuming autonomy in its own domain, each requiring homogeneity of its membership, and each demanding the right to fulfill its destiny with- out interference"?
Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct.
"Liberty presumes an autonomy of self," the Court wrote, "that includes freedom of thought, belief, expression, and certain intimate conduct...".
Justice Kennedy began his majority opinion in Lawrence with the following observation: "Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct".
The leavening is to take into account that personal autonomy presumes a degree of personal control, i.e., a handle for the tool which a person can use to direct its actions to align with intentions.
Despite concerns that presumed consent might undermine patients' autonomy, such worry was without support from empirical data.
Presumed innocents are anything but.
However, some argue that presumed consent is at odds with the principle of decisional and individual autonomy [ 21].
Thus, the challenge with mass screening is that the presumed "right to know" must be balanced against the principle of non-maleficence, and the autonomy of individuals with a right to choose not to know.
4 Critics have also expressed concerns that to presume consent would strip people of the right to make their own choice undermining their autonomy.
