Using a new analysis of the best interests standard to address cultural disputes: Whose data, which values?
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Theoretical Medicine and Bioethics 28 (5):373-391 (2007)
Clinicians sometimes disagree about how much to honor surrogates’ deeply held cultural values or traditions when they differ from those of the host country. Such a controversy arose when parents requested a cultural accommodation to let their infant die by withdrawing life saving care. While both the parents and clinicians claimed to be using the Best Interests Standard to decide what to do, they were at an impasse. This standard is analyzed into three necessary and jointly sufficient conditions and used to resolve the question of how much to accommodate cultural preferences and how to treat this infant. The extreme versions of absolutism and relativism are rejected. Properly understood, the Best Interests Standard can serve as a powerful tool in settling disputes about how to make good decisions for those who cannot decide for themselves.
|Keywords||ethics best interests law neonatal intensive care unit culture resource allocation incompetent premature infant|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Seungbae Park (2011). Defence of Cultural Relativism. Cultura. International Journal of Philosophy of Culture and Axiology 8 (1):159-170.
Richard R. Wilk (1999). Whose Forest? Whose Land? Whose Ruins? Ethics and Conservation. Science and Engineering Ethics 5 (3):367-374.
Douglas Diekema (2004). Parental Refusals of Medical Treatment: The Harm Principle as Threshold for State Intervention. Theoretical Medicine and Bioethics 25 (4):243-264.
Kristin Savell (2011). Confronting Death in Legal Disputes About Treatment-Limitation in Children. Journal of Bioethical Inquiry 8 (4):363-377.
Loretta M. Kopelman (2007). The Best Interests Standard for Incompetent or Incapacitated Persons of All Ages. Journal of Law, Medicine and Ethics 35 (1):187-196.
Maria Joutsenvirta & Liisa Uusitalo (2010). Cultural Competences: An Important Resource in the Industry–Ngo Dialog. [REVIEW] Journal of Business Ethics 91 (3):379 - 390.
Erol Kuyurtar (2007). Are Cultural Group Rights Against Individual Rights? The Proceedings of the Twenty-First World Congress of Philosophy 3:51-59.
Loretta M. Kopelman (2005). Rejecting the Baby Doe Rules and Defending a "Negative" Analysis of the Best Interests Standard. Journal of Medicine and Philosophy 30 (4):331 – 352.
Loretta M. Kopelman (2007). Using the Best Interests Standard to Decide Whether to Test Children for Untreatable, Late-Onset Genetic Diseases. Journal of Medicine and Philosophy 32 (4):375 – 394.
Added to index2009-01-28
Total downloads10 ( #152,086 of 1,099,861 )
Recent downloads (6 months)1 ( #303,846 of 1,099,861 )
How can I increase my downloads?