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Respect for Autonomy in Medical Ethics

In David Archard, Monique Deveaux, Neil Manson & Daniel Weinstock (eds.), Reading Onora o’Neill. New York: Routledge. pp. 94-110 (2013)

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  1. Overriding Adolescent Refusals of Treatment.Anthony Skelton, Lisa Forsberg & Isra Black - 2021 - Journal of Ethics and Social Philosophy 20 (3):221-247.
    Adolescents are routinely treated differently to adults, even when they possess similar capacities. In this article, we explore the justification for one case of differential treatment of adolescents. We attempt to make philosophical sense of the concurrent consents doctrine in law: adolescents found to have decision-making capacity have the power to consent to—and thereby, all else being equal, permit—their own medical treatment, but they lack the power always to refuse treatment and so render it impermissible. Other parties, that is, individuals (...)
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  • Permissive consent: a robust reason-changing account.Neil Manson - 2002 - Philosophical Studies 173 (12):3317-3334.
    There is an ongoing debate about the “ontology” of consent. Some argue that it is a mental act, some that it is a “hybrid” of a mental act plus behaviour that signifies that act; others argue that consent is a performative, akin to promising or commanding. Here it is argued that all these views are mistaken—though some more so than others. We begin with the question whether a normatively efficacious act of consent can be completed in the mind alone. Standard (...)
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  • The Child’s Right to a Voice.David Archard & Suzanne Uniacke - 2020 - Res Publica (4):1-16.
    This article provides a philosophical analysis of a putative right of the child to have their expressed views considered in matters that affect them. Article 12 of the United Nations Convention on the Rights of the Child 1989 is an influential and interesting statement of that right. The article shows that the child’s ‘right to a voice’ is complex. Its complexity lies in the problem of contrasting an adult’s normative power of choice with a child’s weighted views, in the various (...)
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  • Disorders of Consciousness, Agency, and Health Care Decision Making: Lessons From a Developmental Model.Megan S. Wright, Claudia Kraft, Michael R. Ulrich & Joseph J. Fins - 2018 - American Journal of Bioethics Neuroscience 9 (1):56-64.
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  • Moral Authority and Proxy Decision-Making.Anthony Wrigley - 2015 - Ethical Theory and Moral Practice 18 (3):631-647.
    IntroductionExtended decision -making through the use of proxy decision -makers has been enshrined in a range of International Codes, Professional Guidance and Statute,For example, the UK Mental Capacity Act section 9.1; The General Medical Council ; the US National Guardianship Association ; Nuffield Council on Bioethics ; CIOMS-WHO section 6. Court cases such as Re Quinlan in the US have also contributed to establishing the groundings for the legal status of the proxy, albeit in terms of who might be suitable (...)
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  • Evaluating Medico-Legal Decisional Competency Criteria.Demian Whiting - 2015 - Health Care Analysis 23 (2):181-196.
    In this paper I get clearer on the considerations that ought to inform the evaluation and development of medico-legal competency criteria—where this is taken to be a question regarding the abilities that ought to be needed for a patient to be found competent in medico-legal contexts. In the “Decisional Competency in Medico-Legal Contexts” section I explore how the question regarding the abilities that ought to be needed for decisional competence is to be interpreted. I begin by considering an interpretation that (...)
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