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  1. Public Cartels, Private Conscience.Michael Cholbi - 2018 - Politics, Philosophy and Economics 17 (4):356-377.
    Many contributors to debates about professional conscience assume a basic, pre-professional right of conscientious refusal and proceed to address how to ‘balance’ this right against other goods. Here I argue that opponents of a right of conscientious refusal concede too much in assuming such a right, overlooking that the professions in which conscientious refusal is invoked nearly always operate as public cartels, enjoying various economic benefits, including protection from competition, made possible by governments exercising powers of coercion, regulation, and taxation. (...)
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  • Beyond Money: Conscientious Objection in Medicine as a Conflict of Interests.Alberto Giubilini & Julian Savulescu - forthcoming - Journal of Bioethical Inquiry:1-15.
    Conflict of interests in medicine are typically taken to be financial in nature: it is often assumed that a COI occurs when a healthcare practitioner’s financial interest conflicts with patients’ interests, public health interests, or professional obligations more generally. Even when non-financial COIs are acknowledged, ethical concerns are almost exclusively reserved for financial COIs. However, the notion of “interests” cannot be reduced to its financial component. Individuals in general, and medical professionals in particular, have different types of interests, many of (...)
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  • Minding the 'Unbridgeable Gap': The Future of Conscientious Objection in a Secular Age.Alain Julian León & Rico Vitz - 2017 - Christian Bioethics 23 (2):149-168.
    In this article, we offer a rebuttal to a key thesis in Chapter 5 of Engelhardt’s After God: namely, that there exists an “unbridgeable gap” between the dominant secular culture and traditional religious believers. Contra Engelhardt, we argue that it is possible to bridge the gap by employing a strategy that includes, but is not limited to, methods for cultivating understanding and respect and a sense of solidarity. Our argument proceeds in three steps. First, we elucidate Engelhardt’s thesis in light (...)
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  • Conscientious Objection to Intentional Killing: An Argument for Toleration.Bjørn K. Myskja & Morten Magelssen - 2018 - BMC Medical Ethics 19 (1):82.
    In the debate on conscientious objection in healthcare, proponents of conscience rights often point to the imperative to protect the health professional’s moral integrity. Their opponents hold that the moral integrity argument alone can at most justify accommodation of conscientious objectors as a “moral courtesy”, as the argument is insufficient to establish a general moral right to accommodation, let alone a legal right. This text draws on political philosophy in order to argue for a legal right to accommodation. The moral (...)
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  • The Truth Behind Conscientious Objection in Medicine.Nir Ben-Moshe - 2019 - Journal of Medical Ethics 45 (6):404-410.
    Answers to the questions of what justifies conscientious objection in medicine in general and which specific objections should be respected have proven to be elusive. In this paper, I develop a new framework for conscientious objection in medicine that is based on the idea that conscience can express true moral claims. I draw on one of the historical roots, found in Adam Smith’s impartial spectator account, of the idea that an agent’s conscience can determine the correct moral norms, even if (...)
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  • Conscientious Objection and Physician–Employees.Paul J. Cummins - forthcoming - HEC Forum:1-22.
    This article attempts to motivate a reorientation of ethical analysis of conscientious objection by physicians. First, it presents an illustrative case from a hospital emergency department for context. Then, it criticizes the standard pro- and anti-CO arguments. It proposes that the fault in standard approaches is to focus on the ethics of the physician’s behavior, and a better way forward on this issue is to ask how the party against whom the physician exercises the CO ought to respond. It connects (...)
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  • Conscientious Objection and Clinical Judgement: The Right to Refuse to Harm.Toni C. Saad - 2019 - The New Bioethics 25 (3):248-261.
    This paper argues that healthcare aims at the good of health, that this pursuit of the good necessitates conscience, and that conscience is required in every practical judgement, including clinical...
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  • Is Conscientious Objection Incompatible with Healthcare Professionalism?Mary Neal & Sara Fovargue - 2019 - The New Bioethics 25 (3):221-235.
    Is conscientious objection necessarily incompatible with the role and duties of a healthcare professional? An influential minority of writers on the subject think that it is. Here, we outline...
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  • How Special is Medical Conscience?David S. Oderberg - 2019 - The New Bioethics 25 (3):207-220.
    The vigorous legal and ethical debates over conscientious objection have taken place largely within the domain of health care. Is this because conscience in medicine is of a special kind, or are th...
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  • Acceptable Attitudes and the Limits of Tolerance: Understanding Public Attitudes to Conscientious Objection in Healthcare.Astrid Haaland Barlaup, Åse Elise Landsverk, Bjørn Kåre Myskja, Magne Supphellen & Morten Magelssen - 2019 - Clinical Ethics 14 (3):115-121.
    BackgroundThe public’s attitudes to conscientious objection are likely to influence political decisions about CO and trust towards healthcare systems and providers. Few studies examine the pub...
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  • Uzasadnienie Sprzeciwu Sumienia: Lekarze, Poborowi I Żołnierze.Tomasz Żuradzki - 2016 - Diametros 47:98-128.
    I will argue that physicians have an ethical obligation to justify their conscientious objection and the most reliable interpretation of the Polish legal framework claims that conscientious objection is permissible only when the justification shows the genuineness of the judgment of conscience that is not based on false beliefs and arises from a moral norm that has a high rank. I will demonstrate that the dogma accepted in the Polish doctrine that the reasons that lie behind conscientious objection in medicine (...)
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  • Reframing Conscientious Care: Providing Abortion Care When Law and Conscience Collide.Mara Buchbinder, Dragana Lassiter, Rebecca Mercier, Amy Bryant & Anne Drapkin Lyerly - 2016 - Hastings Center Report 46 (2):22-30.
    “It's almost like putting salt in a wound, for this person who's already made a very difficult decision,” suggested Meghan Patterson, a licensed obstetrician-gynecologist whom we interviewed in our qualitative study of the experiences of North Carolina abortion providers practicing under the state's Woman's Right to Know Act. The act requires that women receive counseling with state-mandated information at least twenty-four hours prior to obtaining an abortion. After the law was passed, Patterson worked with clinic administrators, in consultation with a (...)
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  • Tolerance, Professional Judgment, and the Discretionary Space of the Physician.Daniel P. Sulmasy - 2017 - Cambridge Quarterly of Healthcare Ethics 26 (1):18-31.
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  • The Market View on Conscientious Objection: Overvalued.Robert F. Card - 2019 - Journal of Medical Ethics 45 (3):168-172.
    Ancell and Sinnott-Armstrong argue that medical providers possess wide freedoms to determine the scope of their practice, and therefore, prohibiting almost any conscientious objections is a bad idea. They maintain that we could create an acceptable system on the whole which even grants accommodations to discriminatory refusals by healthcare professionals. Their argument is premised upon applying a free market mechanism to conscientious objections in medicine, yet I argue their Market View possesses a number of absurd and troubling implications. Furthermore, I (...)
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  • Conscientious Objection by Health Care Professionals.Gry Wester - 2015 - Philosophy Compass 10 (7):427-437.
    Certain health care services and goods, although legal and often generally accepted in a society, are by some considered morally problematic. Debates on conscientious objection in health care try to resolve whether and when physicians, nurses and pharmacists should be allowed to refuse to provide medical services and goods because of their ethical or religious beliefs. These debates have most often focused on issues such as how to balance the interests of patients and health care professionals, and the compatibility of (...)
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