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  1. added 2020-08-10
    Advance Directives and Transformative Experience: Resilience in the Face of Change.Govind C. Persad - 2020 - American Journal of Bioethics 20 (8):69-71.
    In this commentary, I critique three aspects of Emily Walsh's proposal to reduce the moral and legal weight of advance directives: (1) the ambiguity of its initial thesis, (2) its views about the ethics and legality of clinical practice, and (3) its interpretation and application of Ronald Dworkin’s account of advance directives and L.A. Paul's view on transformative experience. I also consider what Walsh’s proposal would mean for people facing the prospect of dementia. I conclude that our reasons to honor (...)
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  2. added 2020-06-16
    Autonomy and the Moral Authority of Advance Directives.Eric Vogelstein - 2016 - Journal of Medicine and Philosophy 41 (5):500-520.
    Although advance directives are widely believed to be a key way to safeguard the autonomy of incompetent medical patients, significant questions exist about their moral authority. The main philosophical concern involves cases in which an incompetent patient no longer possesses the desires on which her advance directive was based. The question is, does that entail that prior expressions of medical choices are no longer morally binding? I believe that the answer is “yes.” I argue that a patient’s autonomy is not (...)
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  3. added 2019-10-28
    Consent’s Dominion: Dementia and Prior Consent to Sexual Relations.Samuel Director - 2019 - Bioethics 33 (9):1065-1071.
    In this paper, I answer the following question: suppose that two individuals, C and D, have been in a long-term committed relationship, and D now has dementia, while C is competent; if D agrees to have sex with C, is it permissible for C to have sex with D? Ultimately, I defend the view that, under certain conditions, D can give valid consent to sex with C, rendering sex between them permissible. Specifically, I argue there is compelling reason to endorse (...)
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  4. added 2019-10-21
    Should Aggregate Patient Preference Data Be Used to Make Decisions on Behalf of Unrepresented Patients?Nathaniel Sharadin - 2019 - AMA Journal of Ethics 21 (7):566-574.
    Patient preference predictors aim to solve the moral problem of making treatment decisions on behalf of incapacitated patients. This commentary on a case of an unrepresented patient at the end of life considers 3 related problems of such predictors: the problem of restricting the scope of inputs to the models (the “scope” problem), the problem of weighing inputs against one another (the “weight” problem), and the problem of multiple reasonable solutions to the scope and weight problems (the “multiple reasonable models” (...)
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  5. added 2019-04-11
    Epistemic Burdens and the Incentives of Surrogate Decision-Makers.Parker Crutchfield & Scott Scheall - 2019 - Medicine, Health Care and Philosophy 22 (4):613-621.
    We aim to establish the following claim: other factors held constant, the relative weights of the epistemic burdens of competing treatment options serve to determine the options that patient surrogates pursue. Simply put, surrogates confront an incentive, ceteris paribus, to pursue treatment options with respect to which their knowledge is most adequate to the requirements of the case. Regardless of what the patient would choose, options that require more knowledge than the surrogate possesses (or is likely to learn) will either (...)
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  6. added 2019-04-11
    Why Letting Die Instead of Killing? Choosing Active Euthanasia on Moral Grounds.Evangelos D. Protopapadakis - 2018 - Proceedings of the XXIII World Congress of Philosophy.
    Ever since the debate concerning euthanasia was ignited, the distinction between active and passive euthanasia – or, letting die and killing – has been marked as one of its key issues. In this paper I will argue that a) the borderline between act and omission is an altogether blurry one, and it gets even vaguer when it comes to euthanasia, b) there is no morally significant difference between active and passive euthanasia, and c) if there is any, it seems to (...)
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  7. added 2019-01-02
    Authority Without Identity: Defending Advance Directives Via Posthumous Rights Over One’s Body.Govind Persad - 2019 - Journal of Medical Ethics 45 (4):249-256.
    This paper takes a novel approach to the active bioethical debate over whether advance medical directives have moral authority in dementia cases. Many have assumed that advance directives would lack moral authority if dementia truly produced a complete discontinuity in personal identity, such that the predementia individual is a separate individual from the postdementia individual. I argue that even if dementia were to undermine personal identity, the continuity of the body and the predementia individual’s rights over that body can support (...)
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  8. added 2017-03-27
    Animals, Advance Directives, and Prudence: Should We Let the Cheerfully Demented Die?David Limbaugh - 2016 - Ethics, Medicine and Public Health 2 (4):481-489.
    A high level of confidence in the identity of individuals is required to let them die as ordered by an advance directive. Thus, if we are animalists, then we should lack the confidence required to apply lethal advance directives to the cheerfully demented, or so I argue. In short, there is consensus among animalists that the best way to avoid serious objections to their account is to adopt an ontology that denies the existence of brains, hands, tables, chairs, iced-tea, and (...)
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  9. added 2015-09-14
    The Impact of Personal Identity on Advance Directives.Nada Gligorov & Christine Vitrano - 2011 - Journal of Value Inquiry 45 (2):147-158.
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  10. added 2015-06-13
    Medicine & Well-Being.Daniel Groll - 2015 - In Guy Fletcher (ed.), The Routledge Handbook of Philosophy of Well-Being. Routledge.
    The connections between medicine and well-being are myriad. This paper focuses on the place of well-being in clinical medicine. It is here that different views of well-being, and their connection to concepts like “autonomy” and “authenticity”, both illuminate and are illuminated by looking closely at the kinds of interactions that routinely take place between clinicians, patients, and family members. -/- In the first part of the paper, I explore the place of well-being in a paradigmatic clinical encounter, one where a (...)
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  11. added 2014-03-28
    Advance Directives, Autonomy and Unintended Death.Jim Stone - 1994 - Bioethics 8 (3):223–246.
    Advance directives typically have two defects. First, most advance directives fail to enable people to effectively avoid unwanted medical intervention. Second, most of them have the potential of ending your life in ways you never intended, years before you had to die.
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  12. added 2014-03-14
    Conflicting Preferences and Advance Directives.Sandra Woien - 2007 - American Journal of Bioethics 7 (4):64-65.
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  13. added 2013-05-14
    Der mutmaßliche Wille im deutschen Transplantationsgesetz.Christoph Schmidt-Petri - 2012 - In M. G. Weiss & H. Greif (eds.), Ethics-Society-Politics. ALWS.
    This paper discusses (in German) an idea enshrined in the recent (2012) revision of the German transplantation law. The law allows family members to make claims about what the deceased would have wanted to happen to his/her organs/tissue even though he/she never has voiced any relevant opinions. I argue that this is illegitimate.
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  14. added 2013-04-19
    Should the Late Stage Demented Be Punished for Past Crimes?Annette Dufner - 2013 - Criminal Law and Philosophy 7 (1):137-150.
    The paper investigates whether it is plausible to hold the late stage demented criminally responsible for past actions. The concern is based on the fact that policy makers in the United States and in Britain are starting to wonder what to do with prison inmates in the later stages of dementia who do not remember their crimes anymore. The problem has to be expected to become more urgent as the population ages and the number of dementia patients increases. This paper (...)
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