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  1. On Liberty.John Stuart Mill - 1956 - Broadview Press.
    In this work, Mill reflects on the struggle between liberty and authority and defends the view that “the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.” He questions the justification for the limits of freedom of conscience and religion, freedom of speech, freedom of action, and the nature of liberalism itself. This new Broadview Edition demonstrates the ways in which Mill’s intellectual landscape differed (...)
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  • On Liberty.John Stuart Mill - 1859 - Broadview Press.
    Mill predicted that "[t]he Liberty is likely to survive longer than anything else that I have written...because the conjunction of [Harriet Taylor’s] mind with mine has rendered it a kind of philosophic text-book of a single truth, which the changes progressively taking place in modern society tend to bring out in ever greater relief." Indeed, On Liberty is one of the most influential books ever written, and remains a foundational document for the understanding of vital political, philosophical and social issues. (...)
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  • Principles of Biomedical Ethics.Ezekiel J. Emanuel, Tom L. Beauchamp & James F. Childress - 1995 - Hastings Center Report 25 (4):37.
    Book reviewed in this article: Principles of Biomedical Ethics. By Tom L. Beauchamp and James F. Childress.
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  • A Theory of Justice.John Rawls - unknown
    Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition.
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  • A Theory of Justice: Original Edition.John Rawls - 2009 - Belknap Press.
    Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
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  • Deciding for Others: The Ethics of Surrogate Decision Making.Allen E. Buchanan & Dan W. Brock - 1989 - New York: Cambridge University Press. Edited by Dan W. Brock.
    This book is the most comprehensive treatment available of one of the most urgent - and yet in some respects most neglected - problems in bioethics: decision-making for incompetents. Part I develops a general theory for making treatment and care decisions for patients who are not competent to decide for themselves. It provides an in-depth analysis of competence, articulates and defends a coherent set of principles to specify suitable surrogate decisionmakers and to guide their choices, examines the value of advance (...)
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  • Just Health: Meeting Health Needs Fairly.Norman Daniels - 2007 - Cambridge University Press.
    In this book by the award-winning author of Just Healthcare, Norman Daniels develops a comprehensive theory of justice for health that answers three key questions: what is the special moral importance of health? When are health inequalities unjust? How can we meet health needs fairly when we cannot meet them all? Daniels' theory has implications for national and global health policy: can we meet health needs fairly in ageing societies? Or protect health in the workplace while respecting individual liberty? Or (...)
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  • Indeterminacy and the normative basis of the harm threshold for overriding parental decisions: a response to Birchley.Rosalind J. McDougall - 2016 - Journal of Medical Ethics 42 (2):119-120.
    Birchley9s critique of the harm threshold for overriding parental decisions is successful in demonstrating that the harm threshold, like the best interests standard, suffers from the problem of indeterminacy. However, his focus on critiquing empirical rather than normative arguments for the harm threshold means that his broad conclusion that it is ‘ill-judged’ is not justified. Advocates of the harm threshold can accept that the concept of harm to a child is indeterminate, yet still invoke strong normative arguments for this way (...)
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  • The zone of parental discretion: An ethical tool for dealing with disagreement between parents and doctors about medical treatment for a child.Lynn Gillam - 2016 - Clinical Ethics 11 (1):1-8.
    Dealing with situations where parents’ views about treatment for their child are strongly opposed to doctors’ views is one major area of ethical challenge in paediatric health care. The traditional approach focuses on the child’s best interests, but this is problematic for a number of reasons. The Harm Principle test is regarded by many ethicists as more appropriate than the best interests test. Despite this, use of the best interests test for intervening in parental decisions is still very common in (...)
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  • Deciding for a child: a comprehensive analysis of the best interest standard. [REVIEW]Erica K. Salter - 2012 - Theoretical Medicine and Bioethics 33 (3):179-198.
    This article critically examines, and ultimately rejects, the best interest standard as the predominant, go-to ethical and legal standard of decision making for children. After an introduction to the presumption of parental authority, it characterizes and distinguishes six versions of the best interest standard according to two key dimensions related to the types of interests emphasized. Then the article brings three main criticisms against the best interest standard: (1) that it is ill-defined and inconsistently appealed to and applied, (2) that (...)
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  • Political Liberalism.John Rawls - 1993 - Columbia University Press.
    This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines--religious, philosophical, and moral--coexist within the (...)
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  • The Best-Interests Standard as Threshold, Ideal, and Standard of Reasonableness.L. M. Kopelman - 1997 - Journal of Medicine and Philosophy 22 (3):271-289.
    The best-interests standard is a widely used ethical, legal, and social basis for policy and decision-making involving children and other incompetent persons. It is under attack, however, as self-defeating, individualistic, unknowable, vague, dangerous, and open to abuse. The author defends this standard by identifying its employment, first, as a threshold for intervention and judgment (as in child abuse and neglect rulings), second, as an ideal to establish policies or prima facie duties, and, third, as a standard of reasonableness. Criticisms of (...)
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  • On the doctrine of parens patriae: Fiduciary obligations and state power.Jeffrey Blustein - 1983 - Criminal Justice Ethics 2 (2):39-47.
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  • Licensing Parents Revisited.Hugh Lafollette - 2010 - Journal of Applied Philosophy 27 (4):327-343.
    Although systems for licensing professionals are far from perfect, and their problems and costs should not be ignored, they are justified as a necessary means of protecting innocent people's vital interests. Licensing defends patients from inept doctors, pharmacists, and physical therapists; it protects clients from unqualified lawyers. We should protect people who are highly vulnerable to those who are supposed to serve them, those with whom they have a special relationship. Requiring professionals to be licensed is the most plausible way (...)
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  • Parental discretion and children's rights: Background and implications for medical decision-making.Ferdinand Schoeman - 1985 - Journal of Medicine and Philosophy 10 (1):45-62.
    This paper argues that liberal tenats that justify intervention to promote the welfare of an incompetent do not suffice as a basis for analyzing parent-child relationships, and that this inadequacy is the basis for many of the problems that arise when thinking about the state's role in resolving family conflicts, particularly when monitoring parental discretion in medical decision-making on behalf of a child. The state may be limited by the best interest criterion when dealing with children, but parents are not. (...)
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  • Licensing parents.Hugh LaFollette - 1980 - Philosophy and Public Affairs 9 (2):182-197.
    In this essay I shall argue that the state should require all parents to be licensed. My main goal is to demonstrate that the licensing of parents is theoretically desirable, though I shall also argue that a workable and just licensing program actually could be established.
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  • Rejecting the baby Doe rules and defending a "negative" analysis of the best interests standard.Loretta M. Kopelman - 2005 - Journal of Medicine and Philosophy 30 (4):331 – 352.
    Two incompatible policies exist for guiding medical decisions for extremely premature, sick, or terminally ill infants, the Best Interests Standard and the newer, 20-year old "Baby Doe" Rules. The background, including why there were two sets of Baby Doe Rules, and their differences with the Best Interests Standard, are illustrated. Two defenses of the Baby Doe Rules are considered and rejected. The first, held by Reagan, Koop, and others, is a "right-to-life" defense. The second, held by some leaders of the (...)
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  • Parental refusals of medical treatment: The harm principle as threshold for state intervention.Douglas Diekema - 2004 - Theoretical Medicine and Bioethics 25 (4):243-264.
    Minors are generally considered incompetent to provide legally binding decisions regarding their health care, and parents or guardians are empowered to make those decisions on their behalf. Parental authority is not absolute, however, and when a parent acts contrary to the best interests of a child, the state may intervene. The best interests standard is the threshold most frequently employed in challenging a parent''s refusal to provide consent for a child''s medical care. In this paper, I will argue that the (...)
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  • Whose harm? Which metaphysic?Abram Brummett - 2019 - Theoretical Medicine and Bioethics 40 (1):43-61.
    Douglas Diekema has argued that it is not the best interest standard, but the harm principle that serves as the moral basis for ethicists, clinicians, and the courts to trigger state intervention to limit parental authority in the clinic. Diekema claims the harm principle is especially effective in justifying state intervention in cases of religiously motivated medical neglect in pediatrics involving Jehovah’s Witnesses and Christian Scientists. I argue that Diekema has not articulated a harm principle that is capable of justifying (...)
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  • The Harm Principle Cannot Replace the Best Interest Standard: Problems With Using the Harm Principle for Medical Decision Making for Children.Johan Christiaan Bester - 2018 - American Journal of Bioethics 18 (8):9-19.
    For many years the prevailing paradigm for medical decision making for children has been the best interest standard. Recently, some authors have proposed that Mill’s “harm principle” should be used to mediate or to replace the best interest standard. This article critically examines the harm principle movement and identifies serious defects within the project of using Mill’s harm principle for medical decision making for children. While the harm principle proponents successfully highlight some difficulties in present-day use of the best interest (...)
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  • When Parents Refuse: Resolving Entrenched Disagreements Between Parents and Clinicians in Situations of Uncertainty and Complexity.Janine Penfield Winters - 2018 - American Journal of Bioethics 18 (8):20-31.
    When shared decision making breaks down and parents and medical providers have developed entrenched and conflicting views, ethical frameworks are needed to find a way forward. This article reviews the evolution of thought about the best interest standard and then discusses the advantages of the harm principle (HP) and the zone of parental discretion (ZPD). Applying these frameworks to parental refusals in situations of complexity and uncertainty presents challenges that necessitate concrete substeps to analyze the big picture and identify key (...)
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  • Deciding for Others: The Ethics of Surrogate Decision Making, by Allan E. Buchanan and Dan W. Brock. [REVIEW]Donald Vandeveer - 1992 - Philosophy and Phenomenological Research 52 (1):232-237.
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  • Rawls and the Refusal of Medical Treatment to Children.D. Robert MacDougall - 2010 - Journal of Medicine and Philosophy 35 (2):130-153.
    That Jehovah's Witnesses cannot refuse life-saving blood transfusions on behalf of their children has acquired the status of virtual “consensus” among bioethicists. However strong the consensus may be on this matter, this article explores whether this view can be plausibly defended on liberal principles by examining it in light of one particularly well worked-out liberal political theory, that of Rawls. It concludes that because of the extremely high priority Rawls attributes to “freedom of conscience,” and the implication from the original (...)
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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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  • Harm isn't all you need: parental discretion and medical decisions for a child: Table 1.Dominic Wilkinson & Tara Nair - 2016 - Journal of Medical Ethics 42 (2):116-118.
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  • Political Liberalism by John Rawls. [REVIEW]Philip Pettit - 1994 - Journal of Philosophy 91 (4):215-220.
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  • Patients Should Not Always Come First in Treatment Decisions.Carson Strong - 1993 - Journal of Clinical Ethics 4 (1):63-65.
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  • Resisting the Siren Call of Individualism in Pediatric Decision-Making and the Role of Relational Interests.E. K. Salter - 2014 - Journal of Medicine and Philosophy 39 (1):26-40.
    The siren call of individualism is compelling. And although we have recognized its dangerous allure in the realm of adult decision-making, it has had profound and yet unnoticed dangerous effects in pediatric decision-making as well. Liberal individualism as instantiated in the best interest standard conceptualizes the child as independent and unencumbered and the goal of child rearing as rational autonomous adulthood, a characterization that is both ontologically false and normatively dangerous. Although a notion of the individuated child might have a (...)
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  • Revisiting the Best Interest Standard: Uses and Misuses.Douglas S. Diekema - 2011 - Journal of Clinical Ethics 22 (2):128-133.
    The best interest standard is the threshold most frequently employed by physicians and ethics consultants in challenging a parent’s refusal to provide consent for a child’s medical care. In this article, I will argue that the best interest standard has evolved to serve two different functions, and that these functions differ sufficiently that they require separate standards. While the best interest standard is appropriate for choosing among alternative treatment options for children, making recommendations to parents, and making decisions on behalf (...)
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  • The Best Interest Standard: Both Guide and Limit to Medical Decision Making on Behalf of Incapacitated Patients.Thaddeus Mason Pope - 2011 - Journal of Clinical Ethics 22 (2):134-138.
    In this issue of JCE, Douglas Diekema argues that the best interest standard (BIS) has been misemployed to serve two materially different functions. On the one hand, clinicians and parents use the BIS to recommend and to make treatment decisions on behalf of children. On the other hand, clinicians and state authorities use the BIS to determine when the government should interfere with parental decision-making authority. Diekema concedes that the BIS is appropriately used to “guide” parents in making medical treatment (...)
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  • Overriding parents’ medical decisions for their children: a systematic review of normative literature.Rosalind J. McDougall & Lauren Notini - 2014 - Journal of Medical Ethics 40 (7):448-452.
    This paper reviews the ethical literature on conflicts between health professionals and parents about medical decision-making for children. We present the results of a systematic review which addressed the question ‘when health professionals and parents disagree about the appropriate course of medical treatment for a child, under what circumstances is the health professional ethically justified in overriding the parents’ wishes?’ We identified nine different ethical frameworks that were put forward by their authors as applicable across various ages and clinical scenarios. (...)
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