Results for 'medical legislation'

957 found
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  1. Advance Requests for Medically-Assisted Dying.L. W. Sumner - manuscript
    When medical assistance in dying (MAiD) was legalized in Canada in June 2016, the question of allowing decisionally capable persons to make advance requests in anticipation of later incapacity was reserved for further consideration during the mandatory parliamentary review originally scheduled to begin in June 2020 (but since delayed by COVID-19). In its current form the legislation does not permit such requests, since it stipulates that at the time at which the procedure is to be administered the patient (...)
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  2. Key ethical challenges in the European Medical Information Framework.Luciano Floridi, Christoph Luetge, Ugo Pagallo, Burkhard Schafer, Peggy Valcke, Effy Vayena, Janet Addison, Nigel Hughes, Nathan Lea, Caroline Sage, Bart Vannieuwenhuyse & Dipak Kalra - 2019 - Minds and Machines 29 (3):355-371.
    The European Medical Information Framework project, funded through the IMI programme, has designed and implemented a federated platform to connect health data from a variety of sources across Europe, to facilitate large scale clinical and life sciences research. It enables approved users to analyse securely multiple, diverse, data via a single portal, thereby mediating research opportunities across a large quantity of research data. EMIF developed a code of practice to ensure the privacy protection of data subjects, protect the interests (...)
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  3. The Medical Toxicologist in an Albanian Court: Ethical and Legal Issues.Sandër Simoni & Gentian Vyshka - 2013 - International Journal of Clinical Toxicology 1:27-30.
    Recent developments in the field of forensic medicine and the judicial practice are both factors influencing considerably toward an increasing role of toxicologists in court hearings and litigation processes. The role of forensic toxicologist has been until a few decennia before a prerogative of the medico-legal specialists, but meanwhile a subspecialty of the general toxicology seems to have been created. Vis-à-vis the increasing presence of toxicologists in penal procedures of poisoning and intoxications, Albanian courts have created their own precedents and (...)
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  4. Letter Regarding Canada's Bill C-7, Medical Assistance in Dying (MAID) and Disability.Robert A. Wilson & Matthew J. Barker - manuscript
    This letter was submitted to the Senate Standing Committee on Legal and Constitutional Affairs, Government of Canada, on 29th January, 2021, as final debate over Bill C-7 was being undertaken in the Senate regarding MAiD and the strong opposition to the legislation expressed across the Canadian disability community. It draws on our individual and joint work on eugenics, well-being, and disability.
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  5. Normative framework of informed consent in clinical research in Germany, Poland, and Russia.Marcin Orzechowski, Katarzyna Woniak, Cristian Timmermann & Florian Steger - 2021 - BMC Medical Ethics 22 (1):1-10.
    Background: Biomedical research nowadays is increasingly carried out in multinational and multicenter settings. Due to disparate national regulations on various ethical aspects, such as informed consent, there is the risk of ethical compromises when involving human subjects in research. Although the Declaration of Helsinki is the point of reference for ethical conduct of research on humans, national normative requirements may diverge from its provisions. The aim of this research is to examine requirements on informed consent in biomedical research in Germany, (...)
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  6. Not just “bodies with vaginas”: A Kantian defense of pelvic exam consent laws.Samantha L. Seybold - 2022 - Bioethics 36 (9):940-947.
    Medical students commonly learn how to administer pelvic exams by practicing on unconscious patients, often without first obtaining explicit consent from patients to do so. While twenty-one states currently have laws that require teaching hospitals to obtain consent from patients to participate in this educational experience, opposition from the medical community has stymied legislative progress. In this paper, I respond to the two most common reasons offered to oppose legislation, which appeal to (1) the educational benefits of (...)
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  7. Legal and Ethical Dimensions of Artificial Reproduction and Related Rights.Deepa Kansra - 2012 - Women's Link 4 (18):7-17.
    Recent years have illustrated how the reproductive realm is continuously drawing the attention of medical and legal experts worldwide. The availability of technological services to facilitate reproduction has led to serious concerns over the right to reproduce, which no longer is determined as a private/personal matter. The growing technological options do implicate fundamental questions about human dignity and social welfare. There has been an increased demand for determining (a) the rights of prisoners, unmarried and homosexuals to such services, (b) (...)
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  8.  89
    The commercialization of patient data in Canada: ethics, privacy and policy.Sheryl Spithoff, Jessica Stockdale, Robyn Rowe, Brenda McPhail & Nav Persaud - 2022 - Canadian Medical Association Journal 194 (3).
    KEY POINTS In Canada, commercial data brokers collect deidentified patient data from pharmacies, private drug insurers, the federal government and medical clinics without patient consent. Although pharmaceutical companies are the data brokers’ primary customers, academics and nonprofit and public entities also use commercial data sets, given the absence of a coordinated public approach to collecting these data across Canada. Risks of commercialized patient data include loss of anonymity, surveillance and marketing, discrimination and violation of Indigenous data sovereignty. Coordinated infrastructure (...)
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  9. Political Bioethics.Benjamin Gregg - 2022 - Journal of Medicine and Philosophy 47 (4):516-529.
    If bioethical questions cannot be resolved in a widely acceptable manner by rational argument, and if they can be regulated only on the basis of political decision-making, then bioethics belongs to the political sphere. The particular kind of politics practiced in any given society matters greatly: it will determine the kind of bioethical regulation, legislation, and public policy generated there. I propose approaching bioethical questions politically in terms of decisions that cannot be “correct” but that can be “procedurally legitimate.” (...)
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  10. Clarifying the best interests standard: the elaborative and enumerative strategies in public policy-making.Chong Ming Lim, Michael C. Dunn & Jacqueline J. Chin - 2016 - Journal of Medical Ethics 42 (8):542-549.
    One recurring criticism of the best interests standard concerns its vagueness, and thus the inadequate guidance it offers to care providers. The lack of an agreed definition of ‘best interests’, together with the fact that several suggested considerations adopted in legislation or professional guidelines for doctors do not obviously apply across different groups of persons, result in decisions being made in murky waters. In response, bioethicists have attempted to specify the best interests standard, to reduce the indeterminacy surrounding (...) decisions. In this paper, we discuss the bioethicists’ response in relation to the state's possible role in clarifying the best interests standard. We identify and characterise two clarificatory strategies employed by bioethicists —elaborative and enumerative—and argue that the state should adopt the latter. Beyond the practical difficulties of the former strategy, a state adoption of it would inevitably be prejudicial in a pluralistic society. Given the gravity of best interests decisions, and the delicate task of respecting citizens with different understandings of best interests, only the enumerative strategy is viable. We argue that this does not commit the state to silence in providing guidance to and supporting healthcare providers, nor does it facilitate the abuse of the vulnerable. Finally, we address two methodological worries about adopting this approach at the state level. The adoption of the enumerative strategy is not defeatist in attitude, nor does it eventually collapse into (a form of) the elaborative strategy. (shrink)
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  11. The 50th Anniversary of the Declaration of Helsinki: Progress but Many Remaining Challenges.J. Millum - 2013 - Journal of the American Medical Association 310 (20):2143-44.
    Since 1964, through 7 revisions, the World Medical Association’s Declaration of Helsinki has stood as an important statement regarding the ethical principles guiding medical research with human participants. It is consulted by ethics review committees, funders, researchers, and research participants. It has been incorporated into national legislation and is routinely invoked to ascertain the ethical appropriateness of clinical trials. There is much to praise about the revision process and the latest revision, which coincides with the declaration’s 50th (...)
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  12. Care after research: a framework for NHS RECs.Neema Sofaer, Penney Lewis & Hugh Davies - 2012 - Health Research Authority.
    Care after research is for participants after they have finished the study. Often it is NHS-provided healthcare for the medical condition that the study addresses. Sometimes it includes the study intervention, whether funded and supplied by the study sponsor, NHS or other party. The NHS has the primary responsibility for care after research. However, researchers are responsible at least for explaining and justifying what will happen to participants once they have finished. RECs are responsible for considering the arrangements. There (...)
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  13. Abortion policies at the bedside: a response.Bruce Philip Blackshaw - 2023 - Journal of Medical Ethics 1 (12):852-853.
    Hersey et al have outlined a proposed ethical framework for assessing abortion policies that locates the effect of government legislation between the provider and the patient, emphasising its influence on interactions between them. They claim that their framework offers an alternative to the personal moral claims that lie behind legislation restricting abortion access. However, they fail to observe that their own understanding of reproductive justice and the principles of medical ethics are similarly predicated on their individual moral (...)
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  14. Chemical Action: What is it and Why Does it Really Matter?W. John Koolage & W. John Koolage & Ralph Hall - 2011 - Journal of Nanoparticle Research 13 (13):1401-1427.
    Nanotechnology, as with many technologies before it, places a strain on existing legislation and poses a challenge to all administrative agencies tasked with regulating technology-based products. It is easy to see how statutory schemes become outdated, as our ability to understand and affect the world progresses. In this article, we address the regulatory problems that nanotechnology posses for the Food and Drug Administration’s (FDA) classification structure for ‘‘drugs’’ and ‘‘devices.’’ The last major modification to these terms was in 1976, (...)
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  15. Trauma in Court: Medico-Legal Dialectics in the Late Nineteenth-Century German Discourse on Nervous Injuries.José Brunner - 2003 - Theoretical Inquiries in Law 4 (2).
    This paper discusses a dialectic whereby the law not only influenced medical thinking in late nineteenth-century Germany, but also underwent medicalization of its own initiative. At the end of the 1880s, social legislation was crucial in initiating the German discourse on traumatic nervous disorders. By employing doctors as medical experts in court, the law also created a new experiential realm for doctors, altering their behavior toward patients and shifting their focus from therapy to investigation. However, in the (...)
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  16. Intelligence Info, Volumul 2, 2023.Nicolae Sfetcu - 2023 - Intelligence Info 2.
    Revista Intelligence Info este o publicație trimestrială din domeniile intelligence, geopolitică și securitate, și domenii conexe de studiu și practică. -/- Cuprins: -/- EDITORIALE / EDITORIALS -/- Tiberiu TĂNASE Considerații privind necesitatea educării și formării resursei umane pentru intelligence–ul național Considerations regarding the need to educate and train human resources for national intelligence Nicolae SFETCU Epistemologia activității de intelligence Epistemology of intelligence Nicolae SFETCU Rolul serviciilor de informații în război The role of the intelligence agencies in a war Nicolae SFETCU (...)
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  17. Confidence Levels or Degrees of Sentience?Walter Veit - 2022 - Asian Bioethics Review 15 (1):93-97.
    I applaud recent improvements upon previous guidelines for the assessment of pain in non-human species and the application of their framework towards decapod crustaceans. Rather than constituting a mere intermediate solution between the scientific difficulty of settling questions of animal consciousness and the need for a framework for the purposes of animal welfare legislation, I will argue that the longer lists of criteria for animal sentience should make us realize that animal sentience is a multi-dimensional phenomenon that must be (...)
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  18. Attitudes Towards Preconception Sex Selection: A Representative Survey from Germany.Edgar Dahl - 2004 - Reproductive Biomedicine Online 9 (6):600-603.
    Within the next parliamentary term, the German government is expected to replace the current Embryo Protection Act with a new Human Reproductive Technology Act. Before introducing new legislation, policy makers may want to survey public attitudes towards novel applications of reproductive technology. In order to assess opinions and concerns about preconception sex selection for non-medical reasons, a social survey has been conducted in Germany. As a representative sample of the German population, 1005 men and women 18 years and (...)
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  19. From being unaccountable to suffering from severe mental disorder and (possibly) back once again to being unaccountable.Christer Svennerlind - 2015 - Dialogues in Philosophy, Mental and Neuro Sciences 8 (2):45-58.
    From 1965, the Swedish penal law does not require accountability as a condition for criminal responsibility. Instead, severely mentally disordered offenders are sentenced to forensic psychiatric care. The process that led to the present legislation had its origins in a critique of the concept of accountability that was first launched 50 years earlier by the founding father of Swedish forensic psychiatry, Olof Kinberg. The concept severe mental disorder is part of the Criminal Code as well as the Compulsory Mental (...)
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  20. Catholic Treatment Ethics and Secular Law: How Can They Cohere?J. Balch Thomas - 2016 - Solidarity: The Journal of Catholic Social Thought and Secular Ethics 6 (1):Article 4.
    Central elements of Roman Catholic treatment ethics include: 1) that rejection of treatment with the intent of hastening death (even for a good end) is ethically equivalent to active euthanasia with the same intent; 2) a distinction between morally obligatory “ordinary” treatment and morally optional “extraordinary treatment”; 3) that the quality of the patient’s life is not be a legitimate basis for rejecting treatment; and 4) that extraordinary treatment is not forbidden, but optional, and that it is the patient or (...)
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  21. The Browsing Subject: Phenomenology and the Internet on Pandemic Time.Hannibal Travis - manuscript
    Does browsing the world through a screen change a person, especially in the context of COVID-19? Recent studies indicate that self-care, psychological well-being, and empathy may suffer. The “Californian ideology” privileges expression of the self even as digital technology tends to interrupt the modern trend towards elaborating distinct selves via texts that convey knowledge. Meanwhile, digital browsing may be fracturing attention and empathy. -/- As these changes proceed, legislators react to a medical and social crisis. Relaxation of business, community (...)
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  22. Regulating abortion after ectogestation.Joona Räsänen - 2023 - Journal of Medical Ethics 49 (6):419-422.
    A few decades from now, it might become possible to gestate fetuses in artificial wombs. Ectogestation as this is called, raises major legal and ethical issues, especially for abortion rights. In countries allowing abortion, regulation often revolves around the viability threshold—the point in fetal development after which the fetus can survive outside the womb. How should viability be understood—and abortion thus regulated—after ectogestation? Should we ban, allow or require the use of artificial wombs as an alternative to standard abortions? Drawing (...)
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  23. Child euthanasia: should we just not talk about it?Luc Bovens - 2015 - Journal of Medical Ethics 41 (8):630-634.
    Belgium has recently extended its euthanasia legislation to minors, making it the first legislation in the world that does not specify any age limit. I consider two strands in the opposition to this legislation. First, I identify five arguments in the public debate to the effect that euthanasia for minors is somehow worse than euthanasia for adults—viz. arguments from weightiness, capability of discernment, pressure, sensitivity and sufficient palliative care—and show that these arguments are wanting. Second, there is (...)
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  24. Deemed consent: assessing the new opt-out approach to organ procurement in Wales.Andreas Albertsen - 2018 - Journal of Medical Ethics 44 (5):314-318.
    In December 2015, Wales became the first country in the UK to move away from an opt-in system in organ procurement. The new legislation introduces the concept of deemed consent whereby a person who neither opt in nor opt out is deemed to have consented to donation. The data released by the National Health Service in July 2017 provide an excellent opportunity to assess this legislation in light of concerns that it would decrease procurement rates for living and (...)
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  25. Mexico and mitochondrial replacement techniques: what a mess.César Palacios-González - 2018 - British Medical Bulletin 128.
    Abstract Background The first live birth following the use of a new reproductive technique, maternal spindle transfer (MST), which is a mitochondrial replacement technique (MRT), was accomplished by dividing the execution of the MST procedure between two countries, the USA and Mexico. This was done in order to avoid US legal restrictions on this technique. -/- Sources of data Academic articles, news articles, documents obtained through freedom of information requests, laws, regulations and national reports. -/- Areas of agreement MRTs are (...)
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  26. Libya’s Pharmaceutical Situation: A Professional Opinion.Abdulbaset Elfituri, Asmaa Almoudy, Wafaa Jbouda, Wesal Abuflaiga & Fathi M. Sherif - 2018 - International Journal of Academic Health and Medical Research (IJAHMR) 2 (10):5-9.
    Abstract: To improve the countries’ pharmaceutical situation and to monitor the progress, the World Health Organization (WHO) and member states developed a system of indicators to measure the respective important aspects as a prerequisite step. Level I indicators to assess the country’s pharmaceutical situation include the national drug policy; legislation and regulations; drug accessibility and affordability; essential drug list; quality control; pharmacovigilance; storage and distribution; information and rational use. This study is aimed to document the professional opinion of 20 (...)
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  27. Assessing deemed consent in Wales - the advantages of a broad difference-in-difference design.Andreas Albertsen - 2019 - Journal of Medical Ethics 45 (3):211-212.
    As the debate over an English opt-out policy for organ procurement intensifies, assessing existing experiences becomes even more important. The Welsh introduction of opt-out legislation provides one important point of reference. With the introduction of deemed consent in December 2015, Wales became the first part of the UK to introduce an opt-out system in organ procurement. My article ‘Deemed consent: assessing the new opt-out approach to organ procurement in Wales’ conducted an early assessment of this.1 Taking its starting point (...)
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  28. Ethical issues in long-term psychiatric management.D. Dickenson - 1997 - Journal of Medical Ethics 23 (5):300-304.
    Two general ethical problems in psychiatry are thrown into sharp relief by long term care. This article discusses each in turn, in the context of two anonymised case studies from actual clinical practice. First, previous mental health legislation soothed doubts about patients' refusal of consent by incorporating time limits on involuntary treatment. When these are absent, as in the provisions for long term care which have recently come into force, the justification for compulsory treatment and supervision becomes more obviously (...)
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  29. Petition to Include Cephalopods as “Animals” Deserving of Humane Treatment under the Public Health Service Policy on Humane Care and Use of Laboratory Animals.New England Anti-Vivisection Society, American Anti-Vivisection Society, The Physicians Committee for Responsible Medicine, The Humane Society of the United States, Humane Society Legislative Fund, Jennifer Jacquet, Becca Franks, Judit Pungor, Jennifer Mather, Peter Godfrey-Smith, Lori Marino, Greg Barord, Carl Safina, Heather Browning & Walter Veit - forthcoming - Harvard Law School Animal Law and Policy Clinic.
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  30. (1 other version)The Medicalization of Love.Brian D. Earp, Anders Sandberg & Julian Savulescu - 2015 - Cambridge Quarterly of Healthcare Ethics 24 (3):323-336.
    Pharmaceuticals or other emerging technologies could be used to enhance (or diminish) feelings of lust, attraction, and attachment in adult romantic partnerships. While such interventions could conceivably be used to promote individual (and couple) well-being, their widespread development and/or adoption might lead to “medicalization” of human love and heartache—for some, a source of serious concern. In this essay, we argue that the “medicalization of love” need not necessarily be problematic, on balance, but could plausibly be expected to have either good (...)
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  31. Legislative duty and the independence of law.J. H. Bogart - 1987 - Law and Philosophy 6 (2):187 - 203.
    This essay considers the nature of duties incumbent on legislators in virtue of the office itself. I argue that there is no duty for a legislator to enact a criminal law based on morality; there is no duty to incorporate substantive moral conditions into the criminal law; and there is therefore no duty derivable from the nature of the legislative office itself to make conditions of culpability depend on those of moral responsibility. Finally, I argue that the relation between morality (...)
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  32. Legislating the moral law.Andrews Reath - 1994 - Noûs 28 (4):435-464.
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  33. Self-Legislation and the Apriority of the Moral Law.Pauline Kleingeld - 2023 - Philosophia 51 (2):609-623.
    Marcus Willaschek and I have argued against the widespread assumption that Kant claims the Moral Law—the supreme principle of morality—is (or must be regarded as) ‘self-legislated’. We argue that Kant instead describes the Moral Law as an _a priori_ principle of the will. We also argue that his conception of autonomy concerns not the Moral Law but substantive moral laws such as the law that requires promoting the happiness of others. In the present essay, I respond to the commentary by (...)
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  34. Legislating Taste.Kenneth Walden - 2023 - Philosophical Quarterly 73 (4):1256-1280.
    My aesthetic judgements seem to make claims on you. While some popular accounts of aesthetic normativity say that the force of these claims is third-personal, I argue that it is actually second-personal. This point may sound like a bland technicality, but it points to a novel idea about what aesthetic judgements ultimately are and what they do. It suggests, in particular, that aesthetic judgements are motions in the collective legislation of the nature of aesthetic activity. This conception is recommended (...)
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  35. Medicalization of Sexual Desire.Jacob Stegenga - 2021 - European Journal of Analytic Philosophy 17 (2):(SI5)5-34.
    Medicalisation is a social phenomenon in which conditions that were once under legal, religious, personal or other jurisdictions are brought into the domain of medical authority. Low sexual desire in females has been medicalised, pathologised as a disease, and intervened upon with a range of pharmaceuticals. There are two polarised positions on the medicalisation of low female sexual desire: I call these the mainstream view and the critical view. I assess the central arguments for both positions. Dividing the two (...)
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  36. Legislative Terrorism: A Primer for the Non-Islamic State.Gwendolyn Yvonne Alexis - 2003 - Dissertation, New School for Social Research
    In industrial societies where civil law and state institutions have become well established secular vehicles for governing the populace, it is widely assumed that the state no longer has an interest in fortifying the religious sector as a complementary source of social control. Thus, a distinction is drawn between the Islamic state that is ruled by religious law and the secular state of Western industrial societies in which religion is deemed to have lost its influence in the public sphere. This (...)
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  37. Medical need and health need.Ben Davies - 2023 - Clinical Ethics 18 (3):287-291.
    I introduce a distinction between health need and medical need, and raise several questions about their interaction. Health needs are needs that relate directly to our health condition. Medical needs are needs which bear some relation to medical institutions or processes. I suggest that the question of whether medical insurance or public care should cover medical needs, health needs, or only needs which fit both categories is a political question that cannot be resolved definitionally. I (...)
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  38. Medical Need, Equality, and Uncertainty.L. Chad Horne - 2016 - Bioethics 30 (8):588-596.
    Many hold that distributing healthcare according to medical need is a requirement of equality. Most egalitarians believe, however, that people ought to be equal on the whole, by some overall measure of well-being or life-prospects; it would be a massive coincidence if distributing healthcare according to medical need turned out to be an effective way of promoting equality overall. I argue that distributing healthcare according to medical need is important for reducing individuals' uncertainty surrounding their future (...) needs. In other words, distributing healthcare according to medical need is a natural feature of healthcare insurance; it is about indemnity, not equality. (shrink)
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  39. (1 other version)Medical Overtesting and Racial Distrust.Luke Golemon - 2019 - Kennedy Institute of Ethics Journal 29 (3):273-303.
    The phenomenon of medical overtesting in general, and specifically in the emergency room, is well-known and regarded as harmful to both the patient and the healthcare system. Although the implications of this problem raise myriad ethical concerns, this paper explores the extent to which overtesting might mitigate race-based health inequalities. Given that medical malpractice and error greatly increase when the patients belong to a racial minority, it is no surprise that the mortality rate similarly increases in proportion to (...)
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  40. Do medical schools teach medical humanities? Review of curricula in the United States, Canada and the United Kingdom.Jeremy Howick, Lunan Zhao, Brenna McKaig, Alessandro Rosa, Raffaella Campaner, Jason Oke & Dien Ho - 2021 - Journal of Evaluation in Clinical Practice (1):86-92.
    Rationale and objectives: Medical humanities are becoming increasingly recognized as positively impacting medical education and medical practice. However, the extent of medical humanities teaching in medical schools is largely unknown. We reviewed medical school curricula in Canada, the UK and the US. We also explored the relationship between medical school ranking and the inclusion of medical humanities in the curricula. -/- Methods: We searched the curriculum websites of all accredited medical schools (...)
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  41. On Ritual and Legislation.Eric L. Hutton - 2021 - European Journal for Philosophy of Religion 13 (2):45-64.
    Confucian thinkers have traditionally stressed the importance of li 禮, or “ritual” as it is commonly translated, and believed that ancient sages had established an ideal set of rituals for people to follow. Now, most scholars of Confucianism understand li as distinct from law, and hence do not typically discuss Confucian sages as great lawgivers. Nevertheless, I suggest that there is something valuable to be learned from considering the similarities and dissimilarities between great lawgivers and the sages. In particular, this (...)
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  42. The medical model, with a human face.Justis Koon - 2022 - Philosophical Studies 179 (12):3747-3770.
    In this paper, I defend a version of the medical model of disability, which defines disability as an enduring biological dysfunction that causes its bearer a significant degree of impairment. We should accept the medical model, I argue, because it succeeds in capturing our judgments about what conditions do and do not qualify as disabilities, because it offers a compelling explanation for what makes a condition count as a disability, and because it justifies why the federal government should (...)
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  43. Self-Legislating Machines: What Can Kant Teach Us About Original Intentionality?Richard Evans - 2022 - Kant Studien 113 (3):555-576.
    In this paper, I attempt to address a fundamental challenge for machine intelligence: to understand whether and how a machine’s internal states and external outputs can exhibit original non-derivative intentionality. This question has three aspects. First, what does it take for a machine to exhibit original de dicto intentionality? Second, what does it take to exhibit original de re intentionality? Third, what is required for the machine to defer to the external objective world by respecting the word-to-world direction of fit? (...)
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  44. Medical Brain Drain: Free-Riding, Exploitation, and Global Justice.Merten Reglitz - 2016 - Moral Philosophy and Politics 3 (1): 67-81.
    In her debate with Michael Blake, Gillian Brock sets out to justify emigration restrictions on medical workers from poor states on the basis of their free-riding on the public investment that their states have made in them in form of a publicly funded education. For this purpose, Brock aims to isolate the question of emigration restrictions from the larger question of responsibilities for remedying global inequalities. I argue that this approach is misguided because it is blind to decisive factors (...)
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  45. The Harm of Ableism: Medical Error and Epistemic Injustice.David M. Peña-Guzmán & Joel Michael Reynolds - 2019 - Kennedy Institute of Ethics Journal 29 (3):205-242.
    This paper argues that epistemic errors rooted in group- or identity- based biases, especially those pertaining to disability, are undertheorized in the literature on medical error. After sketching dominant taxonomies of medical error, we turn to the field of social epistemology to understand the role that epistemic schemas play in contributing to medical errors that disproportionately affect patients from marginalized social groups. We examine the effects of this unequal distribution through a detailed case study of ableism. There (...)
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  46. Moral autonomy in Australian legislation and military doctrine.Richard Adams - 2013 - Ethics and Global Politics 6 (3):135-154.
    "Australian legislation and military doctrine stipulate that soldiers ‘subjugate their will’ to" "government, and fight in any war the government declares. Neither legislation nor doctrine enables the conscience of soldiers. Together, provisions of legislation and doctrine seem to take soldiers for granted. And, rather than strengthening the military instrument, the convention of legislation and doctrine seems to weaken the democratic foundations upon which the military may be shaped as a force for justice. Denied liberty of their (...)
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  47. Teaching medical ethics and law within medical education: a model for the UK core curriculum.Richard Ashcroft & Donna Dickenson - 1998 - Journal of Medical Ethics 24:188-192.
    Consensus statement by UK teachers of medical ethics and law.
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  48. Medical Ethics in Qiṣāṣ (Eye-for-an-Eye) Punishment: An Islamic View; an Examination of Acid Throwing.Hossein Dabbagh, Amir Alishahi Tabriz & Harold G. Koenig - 2016 - Journal of Religion and Health 55 (4):1426–1432.
    Physicians in Islamic countries might be requested to participate in the Islamic legal code of qiṣāṣ, in which the victim or family has the right to an eye-for-an-eye retaliation. Qiṣāṣ is only used as a punishment in the case of murder or intentional physical injury. In situations such as throwing acid, the national legal system of some Islamic countries asks for assistance from physicians, because the punishment should be identical to the crime. The perpetrator could not be punished without a (...)
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  49. Medical Complicity and the Legitimacy of Practical Authority.Kenneth M. Ehrenberg - 2020 - Ethics, Medicine and Public Health 12.
    If medical complicity is understood as compliance with a directive to act against the professional's best medical judgment, the question arises whether it can ever be justified. This paper will trace the contours of what would legitimate a directive to act against a professional's best medical judgment (and in possible contravention of her oath) using Joseph Raz's service conception of authority. The service conception is useful for basing the legitimacy of authoritative directives on the ability of the (...)
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  50. Medical Crowdfunding, Political Marginalization, and Government Responsiveness: A Reply to Larry Temkin.Alida Liberman - 2019 - Journal of Practical Ethics 7 (1):40-48.
    Larry Temkin draws on the work of Angus Deaton to argue that countries with poor governance sometimes rely on charitable giving and foreign aid in ways that enable them to avoid relying on their own citizens; this can cause them to be unresponsive to their citizens’ needs and thus prevent the long-term alleviation of poverty and other social problems. I argue that the implications of this “lack of government responsiveness argument” (or LOGRA) are both broader and narrower than they might (...)
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