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Proxy consent and counterfactuals

Bioethics 22 (1):16–24 (2007)

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  1. Vicarious religious ordinance: forcing your faith on the unsuspecting.Thomas J. Spiegel - forthcoming - International Journal of Philosophy and Theology.
    This paper gives a first theoretical formulation to a religious phenomenon which has not received much attention in philosophical discourse so far despite appearing in different highly heterogeneous religions. Vicarious religious ordinance refers to cases in which a living or deceased fully mature human being is knowingly or unknowingly assigned a religious affiliation without their consent or the consent of their dependents. I shall first offer three real-world examples of vicarious religious ordinance from Mormonism, Islam, and Shintoism and then raise (...)
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  • On substituted arguments.Daniel P. Sulmasy & Lois Snyder Sulmasy - 2015 - Journal of Medical Ethics 41 (9):732-733.
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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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  • Informed consent and justified hard paternalism.Emma Cecelia Bullock - 2012 - Dissertation, University of Birmingham
    According to the doctrine of informed consent medical procedures are morally permissible when a patient has consented to the treatment. Problematically it is possible for a patient to consent to or refuse treatment which consequently leads to a decline in her best interests. Standardly, such conflicts are resolved by prioritising the doctrine of informed consent above the requirement that the medical practitioner acts in accordance with the duty of care. This means that patient free choice is respected regardless as to (...)
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  • Respecting an Incompetent Person's Autonomy.Erica Ronning - unknown
    In this thesis, I will argue that in cases of surrogate decision making, proxies better respect an incompetent person’s autonomy when using the current values approach only in very specific cases where the loss of competence has rendered someone an entirely new person. In all other cases, I believe that the counterfactual view provides a better basis for respecting an incompetent person’s autonomy.
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