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  1. Affect, Value and Problems Assessing Decision-Making Capacity.Jennifer Hawkins - manuscript
    The dominant approach to assessing decision-making capacity in medicine focuses on determining the extent to which individuals possess certain core cognitive abilities. Critics have argued that this model delivers the wrong verdict in certain cases where patient values that are the product of mental disorder or disordered affective states undermine decision-making without undermining cognition. I argue for a re-conceptualization of what it is to possess the capacity to make medical treatment decisions. It is, I argue, the ability to track one’s (...)
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  2. Review of Hallie Liberto, Green Light Ethics[REVIEW]Jonathan Ichikawa - manuscript
    Book review of Hallie Liberto's Green Light Ethics.
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  3. Is Transhumanism a Health Problem?Michael Kowalik -
    In medical sciences, health is measured by reference to our species-typical anatomy and functional integrity – the objective standard of human health. Proponents of transhumanism are committed to biomedical enhancement of human beings by augmenting our species-typical anatomy and functional integrity. I argue that this normative impasse is not only a problem for the transhumanist movement, but also undermines the rationale for some common medical interventions.
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  4. Tackling Hermeneutical Injustices in Gender-Affirming Healthcare.Nick Clanchy - forthcoming - Hypatia.
    Previously proposed strategies for tackling hermeneutical injustices take for granted the interests people have in certain things about them being intelligible to them and/or to others, and seek to enable them to satisfy these interests. Strategies of this sort I call interests-as-given strategies. I propose that some hermeneutical injustices can instead be tackled by doing away with certain of these interests, and so with the possibility of their unfair non-satisfaction. Strategies of this sort I call interests-in-question strategies. As a case (...)
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  5. Tom Dougherty, The Scope of Consent, (Oxford: Oxford University Press, 2021), 192 pages. ISBN: 9780192894793. Hardback: $70.00. [REVIEW]Samuel Director - forthcoming - Journal of Moral Philosophy.
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  6. Bipolar Disorder and Competence.Samuel Director - forthcoming - Journal of Medical Ethics.
    Josh is a typical 27-year-old in a career that he enjoys and a successful marriage. Josh begins to exhibit the symptoms of a manic episode. He is soon diagnosed with bipolar disorder. While non-manic, Josh’s preferences are typical. While manic, his preferences change dramatically. He quits his job, cheats on his partner, and squanders his savings. These are behaviors that Josh, when non-manic (euthymic), would never agree to. When Josh returns to a euthymic state, he regrets these decisions. Should those (...)
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  7. Framing Effects Do Not Undermine Consent.Samuel Director - forthcoming - Ethical Theory and Moral Practice:1-15.
    Suppose that a patient is receiving treatment options from her doctor. In one case, the doctor says, “the surgery has a 90% survival rate.” Now, suppose the doctor instead said, “the procedure has a 10% mortality rate.” Predictably, the patient is more likely to consent on the first description and more likely to dissent on the second. This is an example of a framing effect. A framing effect occurs when “the description of [logically-equivalent] options in terms of gains (positive frame) (...)
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  8. Considering the Welfare Impact of a Choice When Assessing Capacity: Always Wrong?Jennifer Hawkins - forthcoming - In C. Carrozzo & E. Ritchie (eds.), Decisional Capacity: Medical and Philosophical Perspectives. Oxford: Oxford University Press.
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  9. Coercion and the Neurocorrective Offer.Jonathan Pugh - forthcoming - In David Rhys Birks & Thomas Douglas (eds.), reatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice. Oxford, UK:
    According to what Douglas calls ‘the consent requirement’, neuro-correctives can only permissibly be provided with the valid consent of the offender who will undergo the intervention. Some of those who endorse the consent requirement have claimed that even though the requirement prohibits the imposition of mandatory neurocorrectives on criminal offenders, it may yet be permissible to offer offenders the opportunity to consent to undergoing such an intervention, in return for a reduction to their penal sentence. I call this the neurocorrective (...)
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  10. Deep brain stimulation and revising the Mental Health Act: the case for intervention-specific safeguards.Jonathan Pugh, Tipu Aziz, Jonathan Herring & Julian Savulescu - forthcoming - British Journal of Psychiatry.
    Under the current Mental Health Act of England and Wales, it is lawful to perform deep brain stimulation in the absence of consent and independent approval. We argue against the Care Quality Commission's preferred strategy of addressing this problematic issue, and offer recommendations for deep brain stimulation-specific provisions in a revised Mental Health Act.
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  11. The Moral Obligation to Prioritize Research Into Deep Brain Stimulation Over Brain Lesioning Procedures for Severe Enduring Anorexia Nervosa.Jonathan Pugh, Jacinta Tan, Tipu Aziz & Rebecca J. Park - forthcoming - Frontiers in Psychiatry 9:523.
    Deep Brain Stimulation is currently being investigated as an experimental treatment for patients suffering from treatment-refractory AN, with an increasing number of case reports and small-scale trials published. Although still at an exploratory and experimental stage, initial results have been promising. Despite the risks associated with an invasive neurosurgical procedure and the long-term implantation of a foreign body, DBS has a number of advantageous features for patients with SE-AN. Stimulation can be fine-tuned to the specific needs of the particular patient, (...)
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  12. Predicting and Preferring.Nathaniel Sharadin - forthcoming - Inquiry: An Interdisciplinary Journal of Philosophy.
    The use of machine learning, or “artificial intelligence” (AI) in medicine is widespread and growing. In this paper, I focus on a specific proposed clinical application of AI: using models to predict incapacitated patients’ treatment preferences. Drawing on results from machine learning, I argue this proposal faces a special moral problem. Machine learning researchers owe us assurance on this front before experimental research can proceed. In my conclusion I connect this concern to broader issues in AI safety.
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  13. Do Suicide Attempters Have a Right Not to Be Stabilized in an Emergency?Aleksy Tarasenko-Struc - forthcoming - Hastings Center Report.
    The standard of care in the United States favors stabilizing any adult who arrives in an emergency department after a failed suicide attempt, even if he appears decisionally capacitated and refuses life-sustaining treatment. I challenge this ubiquitous practice. Emergency clinicians generally have a moral obligation to err on the side of stabilizing even suicide attempters who refuse such interventions. This obligation reflects the fact that it is typically infeasible to determine these patients’ level of decisional capacitation—among other relevant information—in this (...)
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  14. Reforming Informed Consent: On Disability and Genetic Counseling.Elizabeth Dietz & Joel Michael Reynolds - 2024 - In Michael J. Deem, Emily Farrow & Robin Grubs (eds.), The Oxford Handbook of Genetic Counseling. Oxford: Oxford University Press.
    Informed consent is a central concept for empirical and theoretical research concerning pregnancy management decisions and is often taken to be one of the more fundamental goals of the profession of genetic counseling. Tellingly, this concept has been seen by disability communities as salutary, despite longstanding critiques made by disability activists, advocates, and scholars concerning practices involved in genetic counseling more generally. In this chapter, we show that the widespread faith in informed consent is misleading and can be detrimental to (...)
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  15. Probability and Informed Consent.Nir Ben-Moshe, Benjamin A. Levinstein & Jonathan Livengood - 2023 - Theoretical Medicine and Bioethics 44 (6):545-566.
    In this paper, we illustrate some serious difficulties involved in conveying information about uncertain risks and securing informed consent for risky interventions in a clinical setting. We argue that in order to secure informed consent for a medical intervention, physicians often need to do more than report a bare, numerical probability value. When probabilities are given, securing informed consent generally requires communicating how probability expressions are to be interpreted and communicating something about the quality and quantity of the evidence for (...)
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  16. Transformative Choice and Decision-Making Capacity.Isra Black, Lisa Forsberg & Anthony Skelton - 2023 - Law Quarterly Review 139 (4):654-680.
    This article is about the information relevant to decision-making capacity in refusal of life-prolonging medical treatment cases. We examine the degree to which the phenomenology of the options available to the agent—what the relevant states of affairs will feel like for them—forms part of the capacity-relevant information in the law of England and Wales, and how this informational basis varies across adolescent and adult medical treatment cases. We identify an important doctrinal phenomenon. In the leading authorities, the courts appear to (...)
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  17. Non-Consensual Vaccination and Medical Harassment: Giving Vaccine Refusers Their Due.Mihnea D. I. Capraru - 2023 - Journal of Controversial Ideas 3 (1):1-8.
    This article argues that non-consensual vaccination is morally impermissible, for the same reasons for which sexual assault is not permissible. Likewise, mandatory vaccination is morally akin to sexual harassment, and therefore is not to be allowed.
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  18. Experimental Philosophy of Emotion: Emotion Theory.Rodrigo Díaz - 2023 - In M. Bauer & S. Kornmesser (eds.), Compact Compendium of Experimental Philosophy. Berlin and Boston: De Gruyter.
    Are emotions bodily feelings or evaluative cognitions? What is happiness, pain, or “being moved”? Are there basic emotions? In this chapter, I review extant empirical work concerning these and related questions in the philosophy of emotion. This will include both (1) studies investigating people’s emotional experiences and (2) studies investigating people’s use of emotion concepts in hypothetical cases. Overall, this review will show the potential of using empirical research methods to inform philosophical questions regarding emotion.
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  19. Informed consent, price transparency, and disclosure.Samuel Director - 2023 - Bioethics 37 (8):741-747.
    In the American medical system, patients do not know the final price of treatment until long after the treatment is given, at which point it is too late to say “no.” I argue that without price disclosure many, perhaps all, tokens of consent in clinical medicine fall below the standard of valid, informed consent. This is a sweeping and broad thesis. The reason for this thesis is surprisingly simple: medical services rarely have prices attached to them that are known to (...)
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  20. Dementia and Concurrent Consent to Sexual Relations.Samuel Director - 2023 - Hastings Center Report 53 (3):37-45.
    Philosophers have become newly interested in the ethics of sex. One promising feature of this new discussion is that it has been broadening our moral lens to include individuals whose sexual interests have historically been denied or ignored. One such group is the elderly. Contrary to popular belief, many elderly people want to have sex and see it as a regular part of their lives. If society harbors ignorance about or prejudice against elderly sexuality, it harbors stronger views against the (...)
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  21. Transformative experience and the principle of informed consent in medicine.Karl Egerton & Helen Capitelli-McMahon - 2023 - Synthese 202 (3):1-21.
    This paper explores how transformative experience generates decision-making problems of particular seriousness in medical settings. Potentially transformative experiences are especially likely to be encountered in medicine, and the associated decisions are confronted jointly by patients and clinicians in the context of an imbalance of power and expertise. However in such scenarios the principle of informed consent, which plays a central role in guiding clinicians, is unequal to the task. We detail how the principle’s assumptions about autonomy, rationality and information handle (...)
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  22. Addiction and autonomy: Why emotional dysregulation in addiction impairs autonomy and why it matters.Edmund Henden - 2023 - Frontiers in Psychology 14:1081810.
    An important philosophical issue in the study of addiction is what difference the fact that a person is addicted makes to attributions of autonomy (and responsibility) to their drug-oriented behavior. In spite of accumulating evidence suggesting the role of emotional dysregulation in understanding addiction, it has received surprisingly little attention in the debate about this issue. I claim that, as a result, an important aspect of the autonomy impairment of many addicted individuals has been largely overlooked. A widely shared assumption (...)
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  23. Respect for autonomy: Consent doesn’t cut it.Jonathan Lewis - 2023 - Clinical Ethics 18 (2):139-141.
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  24. Stop agonising over informed consent when researchers use crowdsourcing platforms to conduct survey research.Jonathan Lewis, Vilius Dranseika & Søren Holm - 2023 - Clinical Ethics 18 (4):343-346.
    Research ethics committees and institutional review boards spend considerable time developing, scrutinising, and revising specific consent processes and materials for survey-based studies conducted on crowdsourcing and online recruitment platforms such as MTurk and Prolific. However, there is evidence to suggest that many users of ICT services do not read the information provided as part of the consent process and they habitually provide or refuse their consent without adequate reflection. In principle, these practices call into question the validity of their consent. (...)
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  25. What should recognition entail? Responding to the reification of autonomy and vulnerability in medical research.Jonathan Lewis & Soren Holm - 2023 - Journal of Medical Ethics 49 (7):491-492.
    Smajdor argues that “recognition” is the solution to the “reifying attitude” that results from “the urge to protect ‘vulnerable’ people through exclusion from research”. Drawing on theories of reification, we argue that it is the concepts of autonomy and vulnerability themselves that have been reified, resulting in the impoverishment of approaches to autonomy at law and in research ethics. Overcoming such reification demands a deeper consideration of the grounds on which vulnerable individuals are owed recognition and thereby the forms such (...)
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  26. Levels of explicability for medical artificial intelligence: What do we normatively need and what can we technically reach?Frank Ursin, Felix Lindner, Timo Ropinski, Sabine Salloch & Cristian Timmermann - 2023 - Ethik in der Medizin 35 (2):173-199.
    Definition of the problem The umbrella term “explicability” refers to the reduction of opacity of artificial intelligence (AI) systems. These efforts are challenging for medical AI applications because higher accuracy often comes at the cost of increased opacity. This entails ethical tensions because physicians and patients desire to trace how results are produced without compromising the performance of AI systems. The centrality of explicability within the informed consent process for medical AI systems compels an ethical reflection on the trade-offs. Which (...)
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  27. Qualities of Consent: An enactive approach to making better sense.Basil Vassilicos & Marek McGann - 2023 - Phenomenology and the Cognitive Sciences:1-23.
    Philosophical work on the concept of consent in the past few decades has got to grips with it as a rich notion. We are increasingly sensitive to consent not as a momentary, atomic, transactional thing, but as a complex idea admitting of various qualities and dimensions. In this paper we note that the recognition of this complexity demands a theoretical framework quite different to those presently extant, and we suggest that the enactive approach is one which offers significant value in (...)
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  28. The FDA Ought to Change Plan B’s Label.Christopher ChoGlueck - 2022 - Contraception 106.
    This commentary defends 3 arguments for changing the label of levonorgestrel-based emergency contraception (LNG EC) so that it no longer supports the possibility of a mechanism of action after fertilization. First, there is no direct scientific evidence confirming any postfertilization mechanisms. Second, despite the weight of evidence, there is still widespread public misunderstanding over the mechanism of LNG EC. Third, this FDA label is not a value-free claim, but instead it has functioned like a political tool for reducing contraceptive access. (...)
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  29. Deception, intention and clinical practice.Nicholas Colgrove - 2022 - Journal of Medical Ethics 1 (Online First):1-3.
    Regarding the appropriateness of deception in clinical practice, two (apparently conflicting) claims are often emphasised. First, that ‘clinicians should not deceive their patients.’ Second, that deception is sometimes ‘in a patient’s best interest.’ Recently, Hardman has worked towards resolving this conflict by exploring ways in which deceptive and non-deceptive practices extend beyond consideration of patients’ beliefs. In short, some practices only seem deceptive because of the (common) assumption that non-deceptive care is solely aimed at fostering true beliefs. Non-deceptive care, however, (...)
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  30. A Pragmatic Argument for an Acceptance-Refusal Asymmetry in Competence Requirements.Thomas Douglas - 2022 - Journal of Medical Ethics 48 (11):799-800.
    In 2016, this Journal published an article by Rob Lawlor1 on what we might call the acceptance-refusal asymmetry in competence requirements. This is the view that there can be cases in which a patient is sufficiently competent to accept a treatment ( viz., to give consent to it), but not sufficiently competent to refuse it ( viz., to withhold consent to it). Though the main purpose of Lawlor’s paper was to distinguish this asymmetry from various other asymmetries with which it (...)
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  31. Unauthorized Pelvic Exams are Sexual Assault.Perry Hendricks & Samantha Seybold - 2022 - The New Bioethics 28 (4):368-376.
    The pelvic exam is used to assess the health of female reproductive organs and so involves digital penetration by a physician. However, it is common practice for medical students to acquire experience in administering pelvic exams by performing them on unconscious patients without prior authorization. In this article, we argue that such unauthorized pelvic exams (UPEs) are sexual assault. Our argument is simple: in any other circumstance, unauthorized digital penetration amounts to sexual assault. Since there are no morally significant differences (...)
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  32. Equipoise, standard of care, and consent: Responding to the authorisation of new COVID-19 treatments in randomised controlled trials.Soren Holm, Jonathan Lewis & Rafael Dal-Ré - 2022 - Journal of Medical Ethics:1-6.
    In response to the COVID-19 pandemic, large-scale research and pharmaceutical regulatory processes have proceeded at a dramatically increased pace with new and effective, evidence-based COVID-19 interventions rapidly making their way into the clinic. However, the swift generation of high-quality evidence and the efficient processing of regulatory authorisation have given rise to more specific and complex versions of well-known research ethics issues. In this paper, we identify three such issues by focusing on the authorisation of Molnupiravir, a novel antiviral medicine aimed (...)
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  33. Scope of Consent, by Tom Dougherty. [REVIEW]Jonathan Ichikawa - 2022 - Mind:fzac054.
    Consent, on a standard theoretical framework, is a way of giving permission or waiving a right. Dougherty’s book is about the ‘scope’ of consent: which acts are permitted by a given act of consent? Along the way, Dougherty offers a view about what consent consists in and why it does its morally transformative work. The book is an exemplar of careful analytic philosophy. Philosophers working on consent in that tradition will find it essential reading. Following are more specific reactions that (...)
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  34. Organoid Biobanking, Autonomy and the Limits of Consent.Jonathan Lewis & Søren Holm - 2022 - Bioethics 36 (7):742-756.
    In the debates regarding the ethics of human organoid biobanking, the locus of donor autonomy has been identified in processes of consent. The problem is that, by focusing on consent, biobanking processes preclude adequate engagement with donor autonomy because they are unable to adequately recognise or respond to factors that determine authentic choice. This is particularly problematic in biobanking contexts associated with organoid research or the clinical application of organoids because, given the probability of unforeseen and varying purposes for which (...)
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  35. Patient Autonomy, Clinical Decision Making, and the Phenomenological Reduction.Jonathan Lewis & Søren Holm - 2022 - Medicine, Health Care and Philosophy 25 (4):615-627.
    Phenomenology gives rise to certain ontological considerations that have far-reaching implications for standard conceptions of patient autonomy in medical ethics, and, as a result, the obligations of and to patients in clinical decision-making contexts. One such consideration is the phenomenological reduction in classical phenomenology, a core feature of which is the characterisation of our primary experiences as immediately and inherently meaningful. This paper builds on and extends the analyses of the phenomenological reduction in the works of Husserl, Heidegger, and Merleau-Ponty (...)
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  36. Beyond the Altruistic Donor: Embedding Solidarity in Organ Procurement Policies.María Victoria Martínez-López, Gonzalo Díaz-Cobacho, Belén Liedo, Jon Rueda & Alberto Molina-Pérez - 2022 - Philosophies 7 (5):107.
    Altruism and solidarity are concepts that are closely related to organ donation for transplantation. On the one hand, they are typically used for encouraging people to donate. On the other hand, they also underpin the regulations in force in each country to different extents. They are often used indistinctly and equivocally, despite the different ethical implications of each concept. This paper aims to clarify to what extent we can speak of altruism and solidarity in the predominant models of organ donation. (...)
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  37. Algorithms for Ethical Decision-Making in the Clinic: A Proof of Concept.Lukas J. Meier, Alice Hein, Klaus Diepold & Alena Buyx - 2022 - American Journal of Bioethics 22 (7):4-20.
    Machine intelligence already helps medical staff with a number of tasks. Ethical decision-making, however, has not been handed over to computers. In this proof-of-concept study, we show how an algorithm based on Beauchamp and Childress’ prima-facie principles could be employed to advise on a range of moral dilemma situations that occur in medical institutions. We explain why we chose fuzzy cognitive maps to set up the advisory system and how we utilized machine learning to train it. We report on the (...)
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  38. Should the family have a role in deceased organ donation decision-making? A systematic review of public knowledge and attitudes towards organ procurement policies in Europe.Alberto Molina-Pérez, Janet Delgado, Mihaela Frunza, Myfanwy Morgan, Gurch Randhawa, Jeantine Reiger-Van de Wijdeven, Silke Schicktanz, Eline Schiks, Sabine Wöhlke & David Rodríguez-Arias - 2022 - Transplantation Reviews 36 (1).
    Goal: To assess public knowledge and attitudes towards the family’s role in deceased organ donation in Europe. -/- Methods: A systematic search was conducted in CINHAL, MEDLINE, PAIS Index, Scopus, PsycINFO, and Web of Science on December 15th, 2017. Eligibility criteria were socio-empirical studies conducted in Europe from 2008 to 2017 addressing either knowledge or attitudes by the public towards the consent system, including the involvement of the family in the decision-making process, for post-mortem organ retrieval. Screening and data collection (...)
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  39. Why we should stop using animal-derived products on patients without their consent.Daniel Rodger - 2022 - Journal of Medical Ethics 48 (10):702-706.
    Medicines and medical devices containing animal-derived ingredients are frequently used on patients without their informed consent, despite a significant proportion of patients wanting to know if an animal-derived product is going to be used in their care. Here, I outline three arguments for why this practice is wrong. First, I argue that using animal-derived medical products on patients without their informed consent undermines respect for their autonomy. Second, it risks causing nontrivial psychological harm. Third, it is morally inconsistent to respect (...)
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  40. An Ethical Framework for Presenting Scientific Results to Policy-Makers.S. Andrew Schroeder - 2022 - Kennedy Institute of Ethics Journal 32 (1):33-67.
    Scientists have the ability to influence policy in important ways through how they present their results. Surprisingly, existing codes of scientific ethics have little to say about such choices. I propose that we can arrive at a set of ethical guidelines to govern scientists’ presentation of information to policymakers by looking to bioethics: roughly, just as a clinician should aim to promote informed decision-making by patients, a scientist should aim to promote informed decision-making by policymakers. Though this may sound like (...)
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  41. Not just “bodies with vaginas”: A Kantian defense of pelvic exam consent laws.Samantha L. Seybold - 2022 - Bioethics 36 (9):940-947.
    Medical students commonly learn how to administer pelvic exams by practicing on unconscious patients, often without first obtaining explicit consent from patients to do so. While twenty-one states currently have laws that require teaching hospitals to obtain consent from patients to participate in this educational experience, opposition from the medical community has stymied legislative progress. In this paper, I respond to the two most common reasons offered to oppose legislation, which appeal to (1) the educational benefits of these exams, or (...)
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  42. A Mixed Judgment Standard for Surrogate Decision-Making.Nathan Stout - 2022 - Journal of Medicine and Philosophy 47 (4):540-548.
    The Substituted Judgment Standard for surrogate decision-making dictates that a surrogate, when making medical decisions on behalf of an incapacitated patient, ought to make the decision that the patient would have made if the patient had decisional capacity. Despite its intuitive appeal, however, SJS has been the target of a variety of criticisms. Most objections to SJS appeal to epistemic difficulties involved in determining what a patient would have decided in a given case. In this article, I offer an alternative (...)
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  43. Informed Consent in Clinical Studies Involving Human Participants: Ethical Insights of Medical Researchers in Germany and Poland.Cristian Timmermann, Marcin Orzechowski, Oxana Kosenko, Katarzyna Woniak & Florian Steger - 2022 - Frontiers in Medicine 9:901059.
    Background: The internationalization of clinical studies requires a shared understanding of the fundamental ethical values guiding clinical studies. It is important that these values are not only embraced at the legal level but also adopted by clinicians themselves during clinical studies. Objective: Our goal is to provide an insight on how clinicians in Germany and Poland perceive and identify the different ethical issues regarding informed consent in clinical studies. Methods: To gain an understanding of how clinicians view clinical studies in (...)
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  44. Of Blood Transfusions and Feeding Tubes: Anorexia-Nervosa and Consent.Samuel Director - 2021 - Public Affairs Quarterly 35 (4):247–276.
    Individuals suffering from anorexia-nervosa experience dysmorphic perceptions of their body and desire to act on these perceptions by refusing food. In some cases, anorexics want to refuse food to the point of death. In this paper, I answer this question: if an anorexic, A, wants to refuse food when the food would either be life-saving or prevent serious bodily harm, can A’s refusal be valid? I argue that there is compelling reason to think that anorexics can validly refuse food, even (...)
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  45. El derecho al consentimiento informado del paciente. Una perspectiva iusfundamental.Noelia Martínez Doallo - 2021 - Granada, España: Comares.
    El consentimiento informado del paciente se inserta en el ámbito de su autonomía decisoria. Aunque presenta un sustrato corporal, este aparece combinado con elementos de índole moral que presuponen una noción concreta de persona como libre y autónoma. Tanto de las definiciones doctrinales como del material normativo se desprende que se trata de una posición jurídica subjetiva del paciente, alternativamente calificada como una “pretensión” o “derecho subjetivo en sentido estricto”, en términos hohfeldianos; un “derecho negativo de defensa”, o una “inmunidad”. (...)
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  46. Ethics of vaccine refusal.Michael Kowalik - 2021 - Journal of Medical Ethics 48 (4):240-243.
    Proponents of vaccine mandates typically claim that everyone who can be vaccinated has a moral or ethical obligation to do so for the sake of those who cannot be vaccinated, or in the interest of public health. I evaluate several previously undertheorised premises implicit to the ‘obligation to vaccinate’ type of arguments and show that the general conclusion is false: there is neither a moral obligation to vaccinate nor a sound ethical basis to mandate vaccination under any circumstances, even for (...)
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  47. How to obtain informed consent for psychotherapy: a reply to criticism.Garson Leder - 2021 - Journal of Medical Ethics 47 (7):450-451.
    In ‘Psychotherapy, Placebos and Informed Consent’, I argued that the minimal standard for informed consent in psychotherapy requires that ‘patients understand that there is currently no consensus about the mechanisms of change in psychotherapy, and that the therapy on offer…is based on disputed theoretical foundations’, and that the dissemination of this information is compatible with the delivery of many theory-specific forms of psychotherapy (including cognitive behavioural therapy [CBT]). I also argued that the minimal requirements for informed consent do not include (...)
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  48. Psychotherapy, placebos, and informed consent.Garson Leder - 2021 - Journal of Medical Ethics 47 (7):444-447.
    Several authors have recently argued that psychotherapy, as it is commonly practiced, is deceptive and undermines patients’ ability to give informed consent to treatment. This ‘deception’ claim is based on the findings that some, and possibly most, of the ameliorative effects in psychotherapeutic interventions are mediated by therapeutic common factors shared by successful treatments, rather than because of theory-specific techniques. These findings have led to claims that psychotherapy is, at least partly, likely a placebo, and that practitioners of psychotherapy have (...)
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  49. Capturing and Promoting the Autonomy of Capacitous Vulnerable Adults.Jonathan Lewis - 2021 - Journal of Medical Ethics 47 (12):e21.
    According to the High Court in England and Wales, the primary purpose of legal interventions into the lives of vulnerable adults with mental capacity should be to allow the individuals concerned to regain their autonomy of decision making. However, recent cases of clinical decision making involving capacitous vulnerable adults have shown that, when it comes to medical law, medical ethics and clinical practice, vulnerability is typically conceived as opposed to autonomy. The first aim of this paper is to detail the (...)
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  50. European and comparative law study regarding family’s legal role in deceased organ procurement.Marina Morla-González, Clara Moya-Guillem, Janet Delgado & Alberto Molina-Pérez - 2021 - Revista General de Derecho Público Comparado 29.
    Several European countries are approving legislative reforms moving to a presumed consent system in order to increase organ donation rates. Nevertheless, irrespective of the consent system in force, family's decisional capacity probably causes a greater impact on such rates. In this contribution we have developed a systematic methodology in order to analyse and compare European organ procurement laws, and we clarify the weight given by each European law to relatives' decisional capacity over individual's preferences (expressed or not while alive) regarding (...)
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