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  1. Human Enhancement and Reproductive Ethics on Generation Ships.Steven Umbrello & Maurizio Balistreri - 2024 - Argumenta 10 (1):453-467.
    The past few years has seen a resurgence in the public interest in space flight and travel. Spurred mainly by the likes of technology billionaires like Elon Musk and Jeff Bezos, the topic poses both unique scientific as well as ethical challenges. This paper looks at the concept of generation ships, conceptual behemoth ships whose goal is to bring a group of human settlers to distant exoplanets. These ships are designed to host multiple generations of people who will be born, (...)
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  • Harm is all you need? Best interests and disputes about parental decision-making.Giles Birchley - 2016 - Journal of Medical Ethics 42 (2):111-115.
    A growing number of bioethics papers endorse the harm threshold when judging whether to override parental decisions. Among other claims, these papers argue that the harm threshold is easily understood by lay and professional audiences and correctly conforms to societal expectations of parents in regard to their children. English law contains a harm threshold which mediates the use of the best interests test in cases where a child may be removed from her parents. Using Diekema9s seminal paper as an example, (...)
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  • The Need for Authenticity-Based Autonomy in Medical Ethics.Lucie White - 2018 - HEC Forum 30 (3):191-209.
    The notion of respect for autonomy dominates bioethical discussion, though what qualifies precisely as autonomous action is notoriously elusive. In recent decades, the notion of autonomy in medical contexts has often been defined in opposition to the notion of autonomy favoured by theoretical philosophers. Where many contemporary theoretical accounts of autonomy place emphasis on a condition of “authenticity”, the special relation a desire must have to the self, bioethicists often regard such a focus as irrelevant to the concerns of medical (...)
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  • Giving Consent to the Ineffable.Daniel Https://Orcidorg624X Villiger - 2024 - Neuroethics 17 (1):1-16.
    A psychedelic renaissance is currently taking place in mental healthcare. The number of psychedelic-assisted therapy trials is growing steadily, and some countries already grant psychiatrists special permission to use psychedelics in non-research contexts under certain conditions. These clinical advances must be accompanied by ethical inquiry. One pressing ethical question involves whether patients can even give informed consent to psychedelic-assisted therapy: the treatment’s transformative nature seems to block its assessment, suggesting that patients are unable to understand what undergoing psychedelic-assisted therapy actually (...)
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  • The Case for an Autonomy-Centred View of Physician-Assisted Death.Jeremy Davis & Eric Mathison - 2020 - Journal of Bioethical Inquiry 17 (3):345-356.
    Most people who defend physician-assisted death (PAD) endorse the Joint View, which holds that two conditions—autonomy and welfare—must be satisfied for PAD to be justified. In this paper, we defend an Autonomy Only view. We argue that the welfare condition is either otiose on the most plausible account of the autonomy condition, or else is implausibly restrictive, particularly once we account for the broad range of reasons patients cite for desiring PAD, such as “tired of life” cases. Moreover, many of (...)
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  • The theorisation of ‘best interests’ in bioethical accounts of decision-making.Giles Birchley - 2021 - BMC Medical Ethics 22 (1):1-18.
    Background Best interests is a ubiquitous principle in medical policy and practice, informing the treatment of both children and adults. Yet theory underlying the concept of best interests is unclear and rarely articulated. This paper examines bioethical literature for theoretical accounts of best interests to gain a better sense of the meanings and underlying philosophy that structure understandings. Methods A scoping review of was undertaken. Following a literature search, 57 sources were selected and analysed using the thematic method. Results Three (...)
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  • A life worth giving? The threshold for permissible withdrawal of life support from disabled newborn infants.Dominic James Wilkinson - 2011 - American Journal of Bioethics 11 (2):20 - 32.
    When is it permissible to allow a newborn infant to die on the basis of their future quality of life? The prevailing official view is that treatment may be withdrawn only if the burdens in an infant's future life outweigh the benefits. In this paper I outline and defend an alternative view. On the Threshold View, treatment may be withdrawn from infants if their future well-being is below a threshold that is close to, but above the zero-point of well-being. I (...)
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  • Clarifying substituted judgement: the endorsed life approach: Table 1.John Phillips & David Wendler - 2015 - Journal of Medical Ethics 41 (9):723-730.
    A primary goal of clinical practice is to respect patient autonomy. To promote this goal for patients who have lost the ability to make their own decisions, commentators recommend that surrogates make their treatment decisions based on the substituted judgment standard. This standard is commonly interpreted as directing surrogates to make the decision the patient would have made in the circumstances, if the patient were competent. However, recent commentators have argued that this approach—attempting to make the decision the patient would (...)
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  • Depression and decision-making capacity for treatment or research: a systematic review.Thomas Hindmarch, Matthew Hotopf & Gareth S. Owen - 2013 - BMC Medical Ethics 14 (1):54.
    Psychiatric disorders can pose problems in the assessment of decision-making capacity (DMC). This is so particularly where psychopathology is seen as the extreme end of a dimension that includes normality. Depression is an example of such a psychiatric disorder. Four abilities (understanding, appreciating, reasoning and ability to express a choice) are commonly assessed when determining DMC in psychiatry and uncertainty exists about the extent to which depression impacts capacity to make treatment or research participation decisions.
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  • A new method for making treatment decisions for incapacitated patients: what do patients think about the use of a patient preference predictor?David Wendler, Bob Wesley, Mark Pavlick & Annette Rid - 2016 - Journal of Medical Ethics 42 (4):235-241.
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  • Value Theory and the Best Interests Standard1.David Degrazia - 1995 - Bioethics 9 (1):50-61.
    The idea of a patient's best interests raises issues in prudential value theory–the study of what makes up an individual's ultimate (nonmoral) good or well‐being. While this connection may strike a philosopher as obvious, the literature on the best interests standard reveals almost no engagement of recent work in value theory. There seems to be a growing sentiment among bioethicists that their work is independent of philosophical theorizing. Is this sentiment wrong in the present case? Does value theory make a (...)
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  • Deciding Together? Best Interests and Shared Decision-Making in Paediatric Intensive Care.Giles Birchley - 2014 - Health Care Analysis 22 (3):203-222.
    In the western healthcare, shared decision making has become the orthodox approach to making healthcare choices as a way of promoting patient autonomy. Despite the fact that the autonomy paradigm is poorly suited to paediatric decision making, such an approach is enshrined in English common law. When reaching moral decisions, for instance when it is unclear whether treatment or non-treatment will serve a child’s best interests, shared decision making is particularly questionable because agreement does not ensure moral validity. With reference (...)
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  • Experimental Philosophical Bioethics of Personal Identity.Brian D. Earp, Jonathan Lewis, J. Skorburg, Ivar Hannikainen & Jim A. C. Everett - 2022 - In Kevin Tobia (ed.), Experimental Philosophy of Identity and the Self. London: Bloomsbury. pp. 183-202.
    The question of what makes someone the same person through time and change has long been a preoccupation of philosophers. In recent years, the question of what makes ordinary or lay people judge that someone is—or isn’t—the same person has caught the interest of experimental psychologists. These latter, empirically oriented researchers have sought to understand the cognitive processes and eliciting factors that shape ordinary people’s judgments about personal identity and the self. Still more recently, practitioners within an emerging discipline, experimental (...)
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  • Mental capacity and decisional autonomy: An interdisciplinary challenge.Gareth S. Owen, Fabian Freyenhagen, Genevra Richardson & Matthew Hotopf - 2009 - Inquiry: An Interdisciplinary Journal of Philosophy 52 (1):79 – 107.
    With the waves of reform occurring in mental health legislation in England and other jurisdictions, mental capacity is set to become a key medico-legal concept. The concept is central to the law of informed consent and is closely aligned to the philosophical concept of autonomy. It is also closely related to mental disorder. This paper explores the interdisciplinary terrain where mental capacity is located. Our aim is to identify core dilemmas and to suggest pathways for future interdisciplinary research. The terrain (...)
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  • Defending secular clinical ethics expertise from an Engelhardt-inspired sense of theoretical crisis.Abram Brummett - 2022 - Theoretical Medicine and Bioethics 43 (1):47-66.
    The national standards for clinical ethics consultation set forth by the American Society for Bioethics and Humanities endorse an “ethics facilitation” approach, which characterizes the role of the ethicist as one skilled at facilitating consensus within the range of ethically acceptable options. To determine the range of ethically acceptable options, ASBH recommends the standard model of decision-making, which is grounded in the values of autonomy, beneficence, nonmaleficence, and justice. H. Tristram Engelhardt Jr. has sharply criticized the standard model for presuming (...)
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  • How to Regulate the Right to Self-Medicate.Joseph T. F. Roberts - 2022 - HEC Forum 34 (3):233-255.
    In _Pharmaceutical Freedom_ Professor Flanigan argues we ought to grant people self-medication rights for the same reasons we respect people’s right to give (or refuse to give) informed consent to treatment. Despite being the most comprehensive argument in favour of self-medication written to date, Flanigan’s _Pharmaceutical Freedom_ leaves a number of questions unanswered, making it unclear how the safe-guards Flanigan incorporates to protect people from harming themselves would work in practice. In this paper, I extend Professor Flanigan’s account by discussing (...)
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  • Ethical theory, ethnography, and differences between doctors and nurses in approaches to patient care.D. W. Robertson - 1996 - Journal of Medical Ethics 22 (5):292-299.
    OBJECTIVES: To study empirically whether ethical theory (from the mainstream principles-based, virtue-based, and feminist schools) usefully describes the approaches doctors and nurses take in everyday patient care. DESIGN: Ethnographic methods: participant observation and interviews, the transcripts of which were analysed to identify themes in ethical approaches. SETTING: A British old-age psychiatry ward. PARTICIPANTS: The more than 20 doctors and nurses on the ward. RESULTS: Doctors and nurses on the ward differed in their conceptions of the principles of beneficence and respect (...)
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  • Exploitation in biomedical research.David B. Resnik - 2003 - Theoretical Medicine and Bioethics 24 (3):233--259.
    This essay analyzesexploitation in biomedical research in terms ofthree basic elements: harm, disrespect, orinjustice. There are also degrees ofexploitation, ranging from highly exploitationto minimally exploitation. Althoughexploitation is prima facie wrongful,some exploitative research studies are morallyjustified, all things considered. The reasonan exploitative study can still be ethical isthat other moral considerations, such as theautonomy of the research subject or the socialbenefits of research, may sometimes justifystudies that are minimally exploitative. Calling a research project exploitative doesnot end the debate about the merits (...)
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  • Deciding with Others: Interdependent Decision‐Making.Emily A. Largent, Justin Clapp, Jennifer S. Blumenthal-Barby, Christine Grady, Amy L. McGuire, Jason Karlawish, Joshua D. Grill, Shana D. Stites & Andrew Peterson - 2022 - Hastings Center Report 52 (6):23-32.
    Over the course of human life, health care decision‐making is often interdependent. In this article, we use “interdependence” to refer to patients’ engagement of nonclinicians—for example, family members or trusted friends—to reach health care decisions. Interdependence, we suggest, is common for patients in all stages of life, from early childhood to late adulthood. This view contrasts with the common bioethical assumption that medical decisions are either wholly independent or dependent and that independence or dependence is tightly coupled with a person's (...)
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  • The ethics of biomedical military research: Therapy, prevention, enhancement, and risk.Alexandre Erler & Vincent C. Müller - 2021 - In Daniel Messelken & David Winkler (eds.), Health Care in Contexts of Risk, Uncertainty, and Hybridity. Springer. pp. 235-252.
    What proper role should considerations of risk, particularly to research subjects, play when it comes to conducting research on human enhancement in the military context? We introduce the currently visible military enhancement techniques (1) and the standard discussion of risk for these (2), in particular what we refer to as the ‘Assumption’, which states that the demands for risk-avoidance are higher for enhancement than for therapy. We challenge the Assumption through the introduction of three categories of enhancements (3): therapeutic, preventive, (...)
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  • Should the Homeless Be Forcibly Helped?Bart van Leeuwen & Michael S. Merry - 2019 - Public Health Ethics 12 (1):30-43.
    When are we morally obligated as a society to help the homeless, and is coercive interference justified when help is not asked for, even refused? To answer this question, we propose a comprehensive taxonomy of different types of homelessness and argue that different levels of autonomy allow for interventions with varying degrees of pressure to accept help. There are only two categories, however, where paternalism proper is allowed, be it heavily qualified. The first case is the homeless person with severely (...)
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  • Do patients want their families or their doctors to make treatment decisions in the event of incapacity, and why?David Wendler, Robert Wesley, Mark Pavlick & Annette Rid - 2016 - AJOB Empirical Bioethics 7 (4):251-259.
    Background: Current practice relies on patient-designated and next-of-kin surrogates, in consultation with clinicians, to make treatment decisions for patients who lose the ability to make their own decisions. Yet there is a paucity of data on whether this approach is consistent with patients' preferences regarding who they want to make treatment decisions for them in the event of decisional incapacity. Methods: Self-administered survey of patients at a tertiary care center. Results: Overall, 1169 respondents completed the survey (response rate = 59.8%). (...)
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  • The Medical Surrogate as Fiduciary Agent.Dana Howard - 2017 - Journal of Law, Medicine and Ethics 45 (3):402-420.
    Within bioethics, two prevailing approaches structure how we think about the role of medical surrogates and the decisions that they must make on behalf of incompetent patients. One approach views the surrogate primarily as the patient's agent, obediently enacting the patient's predetermined will. The second approach views the surrogate as the patient's custodian, judging for herself how to best safeguard the patient's interests. This paper argues that both of these approaches idealize away some of the ethically relevant features of advance (...)
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  • Living wills and substituted judgments: A critical analysis.Jos V. M. Welie - 2001 - Medicine, Health Care and Philosophy 4 (2):169-183.
    In the literature three mechanisms are commonly distinguished to make decisions about the care of incompetent patients: A living will, a substituted judgment by a surrogate (who may or may not hold the power of attorney ), and a best interest judgment. Almost universally, the third mechanism is deemed the worst possible of the three, to be invoked only when the former two are unavailable. In this article, I argue in favor of best interest judgments. The evermore common aversion of (...)
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  • Autonomy, Competence and Non-interference.Joseph T. F. Roberts - 2018 - HEC Forum 30 (3):235-252.
    In light of the variety of uses of the term autonomy in recent bioethics literature, in this paper, I suggest that competence, not being as contested, is better placed to play the anti-paternalistic role currently assigned to autonomy. The demonstration of competence, I will argue, can provide individuals with robust spheres of non-interference in which they can pursue their lives in accordance with their own values. This protection from paternalism is achieved by granting individuals rights to non-interference upon demonstration of (...)
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  • Psychopathy: Morally Incapacitated Persons.Heidi Maibom - 2017 - In Thomas Schramme & Steven Edwards (eds.), Handbook of the Philosophy of Medicine. Springer. pp. 1109-1129.
    After describing the disorder of psychopathy, I examine the theories and the evidence concerning the psychopaths’ deficient moral capacities. I first examine whether or not psychopaths can pass tests of moral knowledge. Most of the evidence suggests that they can. If there is a lack of moral understanding, then it has to be due to an incapacity that affects not their declarative knowledge of moral norms, but their deeper understanding of them. I then examine two suggestions: it is their deficient (...)
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  • Can Families Have Interests?Rosalind McDougall - 2017 - American Journal of Bioethics 17 (11):27-29.
    In their account of the value of parental permission, Navin and Wasserman see families as “collective agents” who “form identities” and have interests as a “family unit” that sometimes justify subo...
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  • Children, the Duty to Vaccinate, and the Limits of Solidarity.Johan Christiaan Bester - 2017 - American Journal of Bioethics 17 (4):53-55.
    Carson and Flood (2017) present an interesting argument regarding a duty to vaccinate as a social obligation. Their argument is based on Catholic social teaching, and particularly on the moral prec...
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  • Is There a Right Time to Know?: The Right Not to Know and Genetic Testing in Children.Pascal Borry, Mahsa Shabani & Heidi Carmen Howard - 2014 - Journal of Law, Medicine and Ethics 42 (1):19-27.
    In the last few decades, great progress has been made in both genetic and genomic research. The development of the Human Genome Project has increased our knowledge of the genetic basis of diseases and has given a tremendous momentum to the development of new technologies that make widespread genetic testing possible and has increased the availability of previously inaccessible genetic information. Two examples of this exponential evolution are the increasing implementation of next-generation sequencing technologies in the clinical context and the (...)
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  • Deep Brain Stimulation in Children: Parental Authority Versus Shared Decision-Making.Farah Focquaert - 2011 - Neuroethics 6 (3):447-455.
    This paper discusses the use of deep brain stimulation for the treatment of neurological and psychiatric disorders in children. At present, deep brain stimulation is used to treat movement disorders in children and a few cases of deep brain stimulation for psychiatric disorders in adolescents have been reported. Ethical guidelines on the use of deep brain stimulation in children are therefore urgently needed. This paper focuses on the decision-making process, and provides an ethical framework for (future) treatment decisions in pediatric (...)
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  • Death in Advance? A critique of the “Zombification” of people with dementia.Mark Schweda & Karin Jongsma - 2022 - History and Philosophy of the Life Sciences 44 (3):1-13.
    This contribution sets out to criticize the prominent metaphor of “death while alive” in the context of dementia. We first explain the historical origin and development as well as the philosophical premises of the image. We then take a closer look at its implications for understanding dementia and societal attitudes and behaviours towards those affected. In doing so, we adopt a life course perspective that seeks to account for the ethical significance of the temporal extension and structure of human life. (...)
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  • Food and Beverage Policies and Public Health Ethics.David B. Resnik - 2013 - Health Care Analysis 23 (2):122-133.
    Government food and beverage policies can play an important role in promoting public health. Few people would question this assumption. Difficult questions can arise, however, when policymakers, public health officials, citizens, and businesses deliberate about food and beverage policies, because competing values may be at stake, such as public health, individual autonomy, personal responsibility, economic prosperity, and fairness. An ethically justified policy strikes a reasonable among competing values by meeting the following criteria: the policy serves important social goal; the policy (...)
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  • Deceiving Research Participants: Is It Inconsistent With Valid Consent?David Wendler - 2022 - Journal of Medicine and Philosophy 47 (4):558-571.
    It is widely assumed that the use of deception in research is always inconsistent with obtaining valid consent. In addition, guidelines and regulations permit research without valid consent only when it poses no greater than minimal risk. Current practice thus prohibits studies that use deception and pose greater than minimal risk, including studies that rely on deceptive methods to evaluate experimental treatments. To assess whether these prohibitions are justified, the present paper evaluates five arguments that might be thought to support (...)
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  • Exploring the similarities and differences between medical assessments of competence and criminal responsibility.Gerben Meynen - 2009 - Medicine, Health Care and Philosophy 12 (4):443-451.
    The medical assessments of criminal responsibility and competence to consent to treatment are performed, developed and debated in distinct domains. In this paper I try to connect these domains by exploring the similarities and differences between both assessments. In my view, in both assessments a decision-making process is evaluated in relation to the possible influence of a mental disorder on this process. I will argue that, in spite of the relevance of the differences, both practices could benefit from the recognition (...)
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  • Quality of life is a process not an outcome.Leah McClimans & John P. Browne - 2012 - Theoretical Medicine and Bioethics 33 (4):279-292.
    Quality improvement mechanisms increasingly use outcome measures to evaluate health care providers. This move toward outcome measures is a radical departure from the traditional focus on process measures. More radical still is the proposal to shift from relatively simple and proximal measures of outcome, such as mortality, to complex outcomes, such as quality of life. While the practical, scientific, and ethical issues associated with the use of outcomes such as mortality and morbidity to compare health care providers have been well (...)
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  • Ritual Male Infant Circumcision: The Consequences and the Principles Say Yes.Johan Christiaan Bester - 2015 - American Journal of Bioethics 15 (2):56-58.
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  • Incompetent Persons as Research Subjects and the Ethics of Minimal Risk.Kathleen Cranley Glass & Marc Speyer-Ofenberg - 1996 - Cambridge Quarterly of Healthcare Ethics 5 (3):362.
    The voluntary and informed consent of subjects has been the central focus of concern in research reviews, overshadowing the importance of all other considerations. The Nuremberg Code, with its rights-based protection of the subject's autonomy above all else, made it difficult to justify research with no intended benefit when subjects are incompetent to make a valid informed choice to participate. Subsequent codes providing for research with incompetent subjects followed the lead of Nuremberg, substituting the informed authorization of a proxy for (...)
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  • Zur Frage der Verbindlichkeit von Patientenverfügungen.Prof Dr Reinhard Merkel - 2004 - Ethik in der Medizin 16 (3):298-307.
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  • Scientific autonomy and public oversight.David B. Resnik - 2008 - Episteme 5 (2):pp. 220-238.
    When scientific research collides with social values, science's right to self-governance becomes an issue of paramount concern. In this article, I develop an account of scientific autonomy within a framework of public oversight. I argue that scientific autonomy is justified because it promotes the progress of science, which benefits society, but that restrictions on autonomy can also be justified to prevent harm to people, society, or the environment, and to encourage beneficial research. I also distinguish between different ways of limiting (...)
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  • Against a singular understanding of legal capacity: Criminal responsibility and the Convention on the Rights of Persons with Disabilities.Jillian Craigie - 2015 - International Journal of Law and Psychiatry 40:6-14.
    The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play an essential role in (...)
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  • Navigating Dementia and Delirium: Balancing Identity and Interests in Advance Directives.M. Rutenkröger - 2025 - Nursing Philosophy 26 (1):e70016.
    The moral authority of advance directives (ADs) in the context of persons living with dementia (PLWD) has sparked a multifaceted debate, encompassing concerns such as authenticity and the appropriate involvement of caregivers. Dresser critiques ADs based on Parfit's account of numeric personal identity, using the often‐discussed case of a PLWD called Margo. She claims that dementia leads to a new manifestation of Margo emerging, which then contracts pneumonia. Dworkin proposes that critical interests, concerning one's higher moral values, trump experiential interests (...)
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  • (1 other version)What makes a good sports parent?Thomas Søbirk Petersen - 2010 - Etikk I Praksis - Nordic Journal of Applied Ethics 1 (1):23-37.
    Two practical measures that have been introduced in an effort to stop sports parents from behaving badly will be critically discussed. The first measure is known under the slogan quiet weekends'. These prohibit parents from attending games in which their child is participating. Although this strategy calls attention to an important issue, it is unfair. The second, and far more elaborate, measure is to have a set of ethical guidelines informing parents how they should behave towards their child and others (...)
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  • The Doctor-Proxy Relationship: Perception and Communication.Jomarie Zeleznik, Linda Farber Post, Michael Mulvihill, Laurie G. Jacobs, William B. Burton & Nancy Neveloff Dubler - 1999 - Journal of Law, Medicine and Ethics 27 (1):13-19.
    Health care decision making has changed profoundly during the past several decades. Advances in scientific knowledge, technology, and professional skill enable medical providers to extend and enhance life by increasing the ability to cure disease, manage disability, and palliate suffering. Ironically, the same interventions can prolong painful existence and protract the dying process. Recognizing that medical interventions, especially lifesustaining measures, are not always medically appropriate or even desired by a patient or family, health care professionals endeavor to determine who should (...)
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  • Best Interests or Harm to Reverse Parental Decisions: Each in Its Own Domain.Allan J. Jacobs - 2018 - American Journal of Bioethics 18 (8):41-44.
    The justification for restrictive state intervention (RSI) such as criminal punishment or state reversal of parental decisions is called a limiting, or intervention (Buchanan and Brock 1989, 10), p...
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  • The Substituted Judgment Standard. Studies on the Ethics of Surrogate Decision Making.Linus Broström - unknown
    Patients who are incompetent need a surrogate decision maker to make treatment decisons on their behalf. One of the main ethical questions that arise in this context is what standard ought to govern such decision making. According to the Substituted Judgment Standard, a surrogate ought to make the decision that the patient would have made, had he or she been competent. Although this standard has sometimes been criticized on the grounds of being difficult to apply, it has found wide appeal, (...)
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  • Decisional challenges for children requiring assisted ventilation at home.Kathleen Cranley Glass & Franco A. Carnevale - 2006 - HEC Forum 18 (3):207-221.
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  • The Bite of Rights in Paternalism.Norbert Paulo - 2015 - In Thomas Schramme (ed.), New Perspectives on Paternalism and Health Care. Cham: Springer Verlag.
    This paper scrutinizes the tension between individuals’ rights and paternalism. I will argue that no normative account that includes rights of individuals can justify hard paternalism since the infringement of a right can only be justified with the right or interest of another person, which is never the case in hard paternalism. Justifications of hard paternalistic actions generally include a deviation from the very idea of having rights. The paper first introduces Tom Beauchamp as the most famous contemporary hard paternalist (...)
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  • Is hypothetical consent a substitute for actual consent?Linus Broström & Mats Johansson - unknown
    The so-called Substituted Judgment Standard is one of several competing principles on how certain health care decisions ought to be made for patients who are not themselves capable of making decisions of the relevant kind. It says that a surrogate decision-maker, acting on behalf of the patient, ought to make the decision the patient would have made, had the latter been competent. The most common way of justifying the Substituted Judgment Standard is to maintain that this standard protects patients’ right (...)
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  • Social Media, Informed Consent, and the Harm Principle.Charles Foster - 2025 - Philosophies 10 (1):5.
    This article examines whether social media users can validly consent to their own use of social media. It argues that, whether or not social media use is analogous to public health interventions, there is an obligation to provide users with information about risks and benefits, and absent that provision, there is no valid consent. Many or most users, in any event, do not have the capacity to consent, according to the criteria for capacity articulated in the ‘four abilities’ model: the (...)
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  • Starke und schwache Autonomie – eine hilfreiche Unterscheidung für die Vorbeugung von Unter- und Überbehandlung.Prof Dr Bernward Gesang, Marcel Mertz, Dr med Barbara Meyer-Zehnder & Prof Dr Stella Reiter-Theil - 2013 - Ethik in der Medizin 25 (4):329-341.
    Eine patientengerechte Versorgung ist ein hohes Ziel. Unangemessene Behandlung wie Unter- oder Überversorgung zu erkennen und zu vermeiden, stellt Ärztinnen/Ärzte und Pflegende am Krankenbett vor schwierige Entscheidungen. Hier ist die Entwicklung von praxistauglichen Orientierungshilfen angezeigt, die wissenschaftlichen Kriterien genügen und nicht allein auf Konsens beruhen. Die vorliegende Arbeit versucht, zentrale Normen zur Vermeidung von Über- und Unterversorgung zu formulieren und theoretisch zu fundieren. Dafür wird auf Basis einer Interessen-basierten Ethik eine Graduierung der Autonomie vorgenommen, indem zwischen schwacher und starker Autonomie (...)
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