Search results for 'consent' (try it on Scholar)

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  1. Tom Dougherty (2013). Sex Lies and Consent. Ethics 123 (4):717-744.score: 24.0
    How wrong is it to deceive someone into sex by lying, say, about one's profession? The answer is seriously wrong when the liar's actual profession would be a deal breaker for the victim of the deception: this deception vitiates the victim's sexual consent, and it is seriously wrong to have sex with someone while lacking his or her consent.
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  2. Nafsika Athanassoulis (2002). The Role of Consent in Sado-Masochistic Practices. Res Publica 8 (2):141-155.score: 24.0
    In 1993 the Law Lords upheld the original conviction of five men under the 1861 Offences Against the Person Act for participating in sado-masochistic practices. Although the five men were fully consenting adults, the Law Lords held that consent did not constitute a defence to acts of violence within a sado-masochistic context. This paper examines the judgements in this case and argues that sado-masochistic practices are no different from the known exceptions cited by the court to the idea that (...)
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  3. Igor Primoratz (2001). Sexual Morality: Is Consent Enough? [REVIEW] Ethical Theory and Moral Practice 4 (3):201-218.score: 24.0
    The liberal view that valid consent is sufficient for a sex act to be morally legitimate is challenged by three major philosophies of sex: the Catholic view of sex as ordained for procreation and properly confined to marriage, the romantic view of sex as bound up with love, and the radical feminist analysis of sex in our society as part and parcel of the domination of women by men. I take a critical look at all three, focusing on Mary (...)
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  4. Ezio Di Nucci (2013). Habits, Nudges, and Consent. American Journal of Bioethics 13 (6):27 - 29.score: 24.0
    I distinguish between 'hard nudges' and 'soft nudges', arguing that it is possible to show that the latter can be compatible with informed consent - as Cohen has recently suggested; but that the real challenge is the compatibility of the former. Hard nudges are the more effective nudges because they work on less than conscious mechanisms such as those underlying our habits: whether those influences - which are often beyond the subject's awareness - can be reconciled with informed (...) in health care is the more challenging question. I suggest two directions for possible answers: on the one hand, looking at the growing empirical literature on mindless judgement and behaviour; and on the other hand considering a more diversified conception of consent, which I sketch. (shrink)
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  5. Neil C. Manson (2007). Rethinking Informed Consent in Bioethics. Cambridge University Press.score: 24.0
    Informed consent is a central topic in contemporary biomedical ethics. Yet attempts to set defensible and feasible standards for consenting have led to persistent difficulties. In Rethinking Informed Consent in Bioethics Neil Manson and Onora O'Neill set debates about informed consent in medicine and research in a fresh light. They show why informed consent cannot be fully specific or fully explicit, and why more specific consent is not always ethically better. They argue that consent (...)
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  6. William A. Edmundson (2011). Consent and Its Cousins. Ethics 121 (2):335-53.score: 24.0
    Consent theories of political obligation draw upon the unique powers consent exhibits in everyday dealings, but they are frustrated by the "problem of massive nonconsent." Expansions of what is counted as consent, such as tacit or hypothetical consent, have seemed untrue to the core concept of giving willing consent. David Estlund proposes a novel conception, "normative consent," to address the problem of massive nonconsent while being true to "the idiom of consent." This comment (...)
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  7. Sheila McLean (2010). Autonomy, Consent and the Law. Routledge-Cavendish.score: 24.0
    From Hippocrates to paternalism to autonomy : the new hegemony -- From autonomy to consent -- Consent, autonomy, and the law -- Autonomy at the end of life -- Autonomy and pregnancy -- Autonomy and genetic information -- Autonomy and organ transplantation -- Autonomy, consent, and the law.
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  8. David Shaw (2009). Prescribing Placebos Ethically: The Appeal of Negatively Informed Consent. Journal of Medical Ethics 35 (2):97-99.score: 24.0
    Kihlbom has recently argued that a system of seeking negatively informed consent might be preferable in some cases to the ubiquitous informed consent model. Although this theory is perhaps not powerful enough to supplant informed consent in most settings, it lends strength to Evans’ and Hungin’s proposal that it can be ethical to prescribe placebos rather than "active" drugs. This paper presents an argument for using negatively informed consent for the specific purpose of authorising the use (...)
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  9. Margaret Brazier & Mary Lobjoit (eds.) (1991). Protecting the Vulnerable: Autonomy and Consent in Health Care. Routledge.score: 24.0
    Protecting the Vulnerable explores the reality of patient control and choice in health care and analyzes how decisions should be made on behalf of those deemed incapable of making decisions. The contributors, distinguished experts from the disciplines of medicine, ethics, theology, and law, look at the complex problem of autonomy and consent in health care and clinical research today from an illuminating perspective--its impact on the vulnerable members of society. The essays move from the exploration of lingering paternalism in (...)
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  10. Daniel Schwartz (2008). Francisco Suárez on Consent and Political Obligation. Vivarium 46 (1):59-81.score: 24.0
    Interpreters disagree on the origin that Francisco Suárez assigns to political obligation and correlative political subjection. According to some, Suárez, as other social contract theorists, believes that it is the consent of the individuals that causes political obligation. Others, however, claim that for Suárez, political obligation is underived from the individuals' consent which creates the city. In support of this claim they invoke Suárez's view that political power emanates from the city by way of "natural resultancy". I argue (...)
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  11. Mark C. Murphy (1997). Surrender of Judgment and the Consent Theory of Political Authority. Law and Philosophy 16 (2):115 - 143.score: 24.0
    The aim of this paper is to take the first steps toward providing a refurbished consent theory of political authority, one that rests in part on a reconception of the relationship between the surrender of judgment and the authoritativeness of political institutions. On the standard view, whatever grounds political authority implies that one ought to surrender one's judgment to that of one's political institutions. On the refurbished view, it is the surrender of one's judgment – which can plausibly be (...)
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  12. Jason Hanna (2011). Consent and the Problem of Framing Effects. Ethical Theory and Moral Practice 14 (5):517-531.score: 24.0
    Our decision-making is often subject to framing effects: alternative but equally informative descriptions of the same options elicit different choices. When a decision-maker is vulnerable to framing, she may consent under one description of the act, which suggests that she has waived her right, yet be disposed to dissent under an equally informative description of the act, which suggests that she has not waived her right. I argue that in such a case the decision-maker’s consent is simply irrelevant (...)
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  13. Shaun D. Pattinson (2009). Consent and Informational Responsibility. Journal of Medical Ethics 35 (3):176-179.score: 24.0
    The notion of “consent” is frequently referred to as “informed consent” to emphasise the informational component of a valid consent. This article considers aspects of that informational component. One misuse of the language of informed consent is highlighted. Attention is then directed to some features of the situation in which consent would not have been offered had certain information been disclosed. It is argued that whether or not such consent is treated as sufficiently informed (...)
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  14. Nicolas Maloberti (2010). The Fallacy of Consent. Journal of Value Inquiry 44 (4):469-476.score: 24.0
    One way in which liberal theories have argued for the legitimacy of the state is by means of a principle of implicit consent. Since Hume, critics have argued that the price of dissent would be too high for such a strategy to be successful. Some theorists have replied that the high price involved in not agreeing to do something does not need to be a defeating condition of consenting. Other theorists have proposed institutional reforms which will diminish the costs (...)
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  15. Danielle Bromwich (forthcoming). Understanding, Interests and Informed Consent: A Reply to Sreenivasan. Journal of Medical Ethics.score: 24.0
    It is widely agreed that the view of informed consent found in the regulations and guidelines struggles to keep pace with the ever-advancing enterprise of human subjects research. Over the last 10 years, there have been serious attempts to rethink informed consent so that it conforms to our considered judgments about cases where we are confident valid consent has been given. These arguments are influenced by an argument from Gopal Sreenivasan, which apparently shows that a potential participant's (...)
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  16. Lene Bomann-Larsen (2013). Voluntary Rehabilitation? On Neurotechnological Behavioural Treatment, Valid Consent and (In)Appropriate Offers. Neuroethics 6 (1):65-77.score: 24.0
    Criminal offenders may be offered to participate in voluntary rehabilitation programs aiming at correcting undesirable behaviour, as a condition of early release. Behavioural treatment may include direct intervention into the central nervous system (CNS). This article discusses under which circumstances voluntary rehabilitation by CNS intervention is justified. It is argued that although the context of voluntary rehabilitation is a coercive circumstance, consent may still be effective, in the sense that it can meet formal criteria for informed consent. Further, (...)
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  17. Judy Allen & Beverley Mcnamara (2011). Reconsidering the Value of Consent in Biobank Research. Bioethics 25 (3):155-166.score: 24.0
    Biobanks for long-term research pose challenges to the legal and ethical validity of consent to participate. Different models of consent have been proposed to answer some of these challenges. This paper contributes to this discussion by considering the meaning and value of consent to participants in biobanks. Empirical data from a qualitative study is used to provide a participant view of the consent process and to demonstrate that, despite limited understanding of the research, consent provides (...)
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  18. Tom Dougherty (2014). Fickle Consent. Philosophical Studies 167 (1):25-40.score: 24.0
    Why is consent revocable? In other words, why must we respect someone's present dissent at the expense of her past consent? This essay argues against act-based explanations and in favor of a rule-based explanation. A rule prioritizing present consent will serve our interests the best, in light of our interests in having flexibility over our consent and in minimizing the possibility of error in people's judgments about whether we consent.
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  19. Hillel Braude & Jonathan Kimmelman (2012). The Ethics of Managing Affective and Emotional States to Improve Informed Consent: Autonomy, Comprehension, and Voluntariness. Bioethics 26 (3):149-156.score: 24.0
    Over the past several decades the ‘affective revolution’ in cognitive psychology has emphasized the critical role affect and emotion play in human decision-making. Drawing on this affective literature, various commentators have recently proposed strategies for managing therapeutic expectation that use contextual, symbolic, or emotive interventions in the consent process to convey information or enhance comprehension. In this paper, we examine whether affective consent interventions that target affect and emotion can be reconciled with widely accepted standards for autonomous action. (...)
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  20. Oonagh Corrigan (ed.) (2009). The Limits of Consent: A Socio-Ethical Approach to Human Subject Research in Medicine. Oxford University Press.score: 24.0
    Since its inception as an international requirement to protect patients and healthy volunteers taking part in medical research, informed consent has become the primary consideration in research ethics. Despite the ubiquity of consent, however, scholars have begun to question its adequacy for contemporary biomedical research. This book explores this issue, reviewing the application of consent to genetic research, clinical trials, and research involving vulnerable populations. For example, in genetic research, information obtained from an autonomous research participant may (...)
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  21. Elin Palm (2009). Securing Privacy at Work: The Importance of Contextualized Consent. [REVIEW] Ethics and Information Technology 11 (4):233-241.score: 24.0
    The starting point of this article is that employees’ chances of securing reasonable expectations of privacy at work must be better protected. A dependency asymmetry between employer and job-applicant implies that prospective employees are in a disadvantaged position vis à vis the employer regarding the chances of defending their reasonable interests. Since an increased usage of work related surveillance will, to a larger extent, require of job-applicants that they negotiate their privacy interests in employment contracting, it is important to consider (...)
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  22. Scott Woodcock (2011). Abortion Counselling and the Informed Consent Dilemma. Bioethics 25 (9):495-504.score: 24.0
    An obstacle to abortion exists in the form of abortion ‘counselling’ that discourages women from terminating their pregnancies. This counselling involves providing information about the procedure that tends to create feelings of guilt, anxiety and strong emotional reactions to the recognizable form of a human fetus. Instances of such counselling that involve false or misleading information are clearly unethical and do not prompt much philosophical reflection, but the prospect of truthful abortion counselling draws attention to a delicate issue for healthcare (...)
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  23. Keith Hyams (2011). When Consent Doesn't Work: A Rights-Based Case for Limits to Consent's Capacity to Legitimise. Journal of Moral Philosophy 8 (1):110-138.score: 24.0
    Consent's capacity to legitimise actions and claims is limited by conditions such as coercion, which render consent ineffective. A better understanding of the limits to consent's capacity to legitimise can shed light on a variety of applied debates, in political philosophy, bioethics, economics and law. I show that traditional paternalist explanations for limits to consent's capacity to legitimise cannot explain the central intuition that consent is often rendered ineffective when brought about by a rights violation (...)
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  24. Eric Chwang (2009). A Defense of Subsequent Consent. Journal of Social Philosophy 40 (1):117-131.score: 24.0
    Subsequent consent can be morally efficacious. First, it licenses nostalgia and dismissiveness no more than its prior cousin does. Second, it's coherent because linked to the mental state of not minding. Third, it's just as vulnerable to bilking as prior consent is, as is clear once we distinguish between basing moral assessments on expectations versus on actual outcomes. Fourth, mind control is illegitimate because it short circuits the subject's will, not because its consent is subsequent. Finally, our (...)
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  25. Michelle H. Biros (2007). Research Without Consent: Exception From and Waiver of Informed Consent in Resuscitation Research. Science and Engineering Ethics 13 (3):361-369.score: 24.0
    The ethical concept of Informed Consent provides individuals with the right and the opportunity to approve of events that will occur regarding his or her own person. In medicine, informed consent is obtained for treatment and for research participation. However, under some circumstances, prospective informed consent cannot be obtained because of the devastating clinical condition of the patient. In emergency circumstances, treatment is never withheld if obtaining informed consent from a critically ill person is not possible (...)
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  26. Stephen Wear & Jonathan D. Moreno (1994). Informed Consent: Patient Autonomy and Physician Beneficence Within Clinical Medicine. [REVIEW] HEC Forum 6 (5):323-325.score: 24.0
    Substantial efforts have recently been made to reform the physician-patient relationship, particularly toward replacing the `silent world of doctor and patient' with informed patient participation in medical decision-making. This 'new ethos of patient autonomy' has especially insisted on the routine provision of informed consent for all medical interventions. Stronly supported by most bioethicists and the law, as well as more popular writings and expectations, it still seems clear that informed consent has, at best, been received in a lukewarm (...)
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  27. Giovanni Boniolo, Pier Paolo di Fiore & Salvatore Pece (2012). Trusted Consent and Research Biobanks: Towards a 'New Alliance' Between Researchers and Donors. Bioethics 26 (2):93-100.score: 24.0
    We argue that, in the case of research biobanks, there is a need to replace the currently used informed consent with trusted consent. Accordingly, we introduce a proposal for the structure of the latter. Further, we discuss some of the issues that can be addressed effectively through our proposal. In particular, we illustrate: i) which research should be authorized by donors; ii) how to regulate access to information; iii) the fundamental role played by a Third Party Authority in (...)
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  28. Edmund Henden (2013). Heroin Addiction and Voluntary Choice: The Case of Informed Consent. Bioethics 27 (7):395-401.score: 24.0
    Does addiction to heroin undermine the voluntariness of heroin addicts' consent to take part in research which involves giving them free and legal heroin? This question has been raised in connection with research into the effectiveness of heroin prescription as a way of treating dependent heroin users. Participants in such research are required to give their informed consent to take part. Louis C. Charland has argued that we should not presume that heroin addicts are competent to do this (...)
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  29. Robert Sparrow (2009). Xenotransplantation, Consent and International Justice. Developing World Bioethics 9 (3):119-127.score: 24.0
    The risk posed to the community by possible xenozoonosis after xenotransplantation suggests that some form of 'community consent' is required before whole organ animal-to-human xenotransplantation should take place. I argue that this requirement places greater obstacles in the path of ethical xenotransplantation than has previously been recognised. The relevant community is global and there are no existing institutions with democratic credentials sufficient to establish this consent. The distribution of the risks and benefits from xenotransplantation also means that (...) is unlikely to be forthcoming. Proceeding on the basis of hypothetical consent to a package of global health measures that includes xenotransplantation, as Rothblatt has recently advocated, is more problematic than she acknowledges. Given that it may place the lives of citizens of poor nations at risk to benefit the citizens of wealthy nations, xenotransplantation raises significant questions of international justice. (shrink)
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  30. Ayodele S. Jegede (2009). Understanding Informed Consent for Participation in International Health Research. Developing World Bioethics 9 (2):81-87.score: 24.0
    To participate in health research, there is a need for well-administered informed consent. Understanding of informed consent, especially in international health research, is influenced by the participants' understanding of information and the meaning attached to the information communicated to them regarding the purpose and procedure of the research. Incorrect information and the power differential between researcher and participants may lead to participants becoming victims of harmful research procedures. Meningitis epidemics in Kano in early 1996 led to a response (...)
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  31. Martin Tolich (2009). The Principle of Caveat Emptor: Confidentiality and Informed Consent as Endemic Ethical Dilemmas in Focus Group Research. [REVIEW] Journal of Bioethical Inquiry 6 (1):99-108.score: 24.0
    Informed consent and confidentiality supposedly minimize harm for research participants in all qualitative research methodologies, inclusive of one-on-one unstructured interviews and focus groups. This is not the case for the latter. Confidentiality and informed consent uniquely manifest themselves as endemic ethical dilemmas for focus group researchers. The principle of caveat emptor (let the buyer beware) may be a more useful tool for those involved in focus group research: that is, let the researcher, the participants and the ethics committee (...)
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  32. John Harris & Søren Holm (2003). Should We Presume Moral Turpitude in Our Children? – Small Children and Consent to Medical Research. Theoretical Medicine and Bioethics 24 (2):121-129.score: 24.0
    When children are too young to make their ownautonomous decisions, decisions have to be madefor them. In certain contexts we allow parentsand others to make these decisions, and do notinterfere unless the decision clearly violatesthe best interest of the child. In othercontexts we put a priori limits on whatkind of decisions parents can make, and/or whatkinds of considerations they have to take intoaccount. Consent to medical research currentlyfalls into the second group mentioned here. Wewant to consider and ultimately reject (...)
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  33. Jukka Varelius (2010). On Taylor's Justification of Medical Informed Consent. Bioethics 26 (4):207-214.score: 24.0
    In contemporary Western biomedical ethics, informed consent practices are commonly justified in terms of the intrinsic value of patient autonomy. James Stacey Taylor maintains that this conception of the moral grounding of medical informed consent is mistaken. On the basis of his reasoning to that effect, Taylor argues that medical informed consent is justified by the instrumental value of personal autonomy. In this article, I examine whether Taylor's justification of medical informed consent is plausible.
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  34. Tom Walker (2008). Giving Addicts Their Drug of Choice: The Problem of Consent. Bioethics 22 (6):314–320.score: 24.0
    Researchers working on drug addiction may, for a variety of reasons, want to carry out research which involves giving addicts their drug of choice. In carrying out this research consent needs to be obtained from those addicts recruited to participate in it. Concerns have been raised about whether or not such addicts are able to give this consent. Despite their differences, however, both sides in this debate appear to be agreed that the way to resolve this issue is (...)
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  35. John K. Davis (2004). Precedent Autonomy and Subsequent Consent. Ethical Theory and Moral Practice 7 (3):267-291.score: 24.0
    Honoring a living will typically involves treating an incompetent patient in accord with preferences she once had, but whose objects she can no longer understand. How do we respect her precedent autonomy by giving her what she used to want? There is a similar problem with subsequent consent: How can we justify interfering with someone''s autonomy on the grounds that she will later consent to the interference, if she refuses now?Both problems arise on the assumption that, to respect (...)
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  36. Sonja Grover (2003). On the Limits of Parental Proxy Consent: Children's Right to Non-Participation in Non-Therapeutic Research. [REVIEW] Journal of Academic Ethics 1 (4):349-383.score: 24.0
    This paper considers what are the appropriate limits of parental or guardian proxy consent for a child's participation in medical or social science research. Such proxy consent, it is proposed, is invalid in regards “non-therapeutic research.” The latter research may add to scientific knowledge and/or benefit others, but any benefit to the child research participant is but a coincidental theoretical possibility and not a primary objective. Research involving children, without intended and acceptable prospect of beneficial outcome to the (...)
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  37. David Shaw (2007). Continuous Consent and Dignity in Dentistry. British Dental Journal 203 (11):569-571.score: 24.0
    Despite the heavy emphasis on consent in the ethical code of the General Dental Council (GDC), it is often overlooked that communication difficulties between patient and dentist can cause problems in maintaining genuine consent during interventions. Inconsistencies in the GDC's Standards for dental professionals and Principles of patient consent guidelines are examined in this article, and it is concluded that more emphasis must be placed on continuous consent as an ongoing process essential to maintaining patients' dignity (...)
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  38. Deborah Bowman (2011). Informed Consent: A Primer for Clinical Practice. Cambridge University Press.score: 24.0
    Machine generated contents note: 1. Introduction: why focus on informed consent?; 2. Deciding who decides: capacity and consent; 3. Putting the informed into 'informed consent': information and decision-making; 4. Freedom of expression: the voluntary nature of consent; 5. A patient's prerogative? The continuing nature of consent; 6. Concluding words about consent; Index.
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  39. Cicely Roche & Felicity Kelliher (2009). Exploring the Patient Consent Process in Community Pharmacy Practice. Journal of Business Ethics 86 (1):91 - 99.score: 24.0
    This article explores the patient consent process in modern community pharmacy practice and discusses the related ethical dilemmas in this environment. The myth of appropriately informed consent, and irrefutable evidence as to a pharmacist’s intentions when advising a patient, are core issues for discussion. The objective is to clarify where such dilemmas may exist in the consent process and to ultimately form a framework against which ethical guidelines might facilitate resolution of the dilemma faced by the pharmacist (...)
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  40. Emmanuel R. Ezeome & Patricia A. Marshall (2009). Informed Consent Practices in Nigeria. Developing World Bioethics 9 (3):138-148.score: 24.0
    Most writing on informed consent in Africa highlights different cultural and social attributes that influence informed consent practices, especially in research settings. This review presents a composite picture of informed consent in Nigeria using empirical studies and legal and regulatory prescriptions, as well as clinical experience. It shows that Nigeria, like most other nations in Africa, is a mixture of sociocultural entities, and, notwithstanding the multitude of factors affecting it, informed consent is evolving along a purely (...)
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  41. Jonathan Witmer-Rich (2011). It's Good to Be Autonomous: Prospective Consent, Retrospective Consent, and the Foundation of Consent in the Criminal Law. [REVIEW] Criminal Law and Philosophy 5 (3):377-398.score: 24.0
    What is the foundation of consent in the criminal law? Classically liberal commentators have offered at least three distinct theories. J.S. Mill contends we value consent because individuals are the best judges of their own interests. Joel Feinberg argues an individual’s consent matters because she has a right to autonomy based on her intrinsic sovereignty over her own life. Joseph Raz also focuses on autonomy, but argues that society values autonomy as a constituent element of individual well-being, (...)
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  42. Steve Clarke (2013). The Neuroscience of Decision Making and Our Standards for Assessing Competence to Consent. Neuroethics 6 (1):189-196.score: 24.0
    Rapid advances in neuroscience may enable us to identify the neural correlates of ordinary decision making. Such knowledge opens up the possibility of acquiring highly accurate information about people’s competence to consent to medical procedures and to participate in medical research. Currently we are unable to determine competence to consent with accuracy and we make a number of unrealistic practical assumptions to deal with our ignorance. Here I argue that if we are able to detect competence to (...) and if we are able to develop a reliable neural test of competence to consent, then these assumptions will have to be rejected. I also consider and reject three lines of argument that might be developed by a defender of the status quo in order to protect our current practices regarding judgments of competence in the face of the availability of information about the neural correlates of ordinary human decision making. (shrink)
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  43. Kristin Shrader-Frechette (2007). Nanotoxicology and Ethical Conditions for Informed Consent. NanoEthics 1 (1):47-56.score: 24.0
    While their strength, electrical, optical, or magnetic properties are expected to contribute a trillion dollars in global commerce before 2015, nanomaterials also appear to pose threats to human health and safety. Nanotoxicology is the study of these threats. Do nanomaterial benefits exceed their risks? Should all nanomaterials be regulated? Currently nanotoxicologists cannot help answer these questions because too little is known about nanomaterials, because their properties differ from those of bulk materials having the same chemical composition, and because they differ (...)
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  44. Jukka Varelius (2009). Collective Informed Consent and Decision Power. Science and Engineering Ethics 15 (1):39-50.score: 24.0
    It has been suggested that, in addition to individual level decision-making, informed consent procedures could be used in collective decision-making too. One of the main criticisms directed at this suggestion concerns decision-making power. It is maintained that consent is a veto power concept and that, as such, it is not appropriate for collective decision-making. This paper examines this objection to collective informed consent. It argues that veto power informed consent can have some uses in the collective (...)
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  45. David Wendler (2014). Should Protections for Research with Humans Who Cannot Consent Apply to Research with Nonhuman Primates? Theoretical Medicine and Bioethics 35 (2):157-173.score: 24.0
    Research studies and interventions sometimes offer potential benefits to subjects that compensate for the risks they face. Other studies and interventions, which I refer to as “nonbeneficial” research, do not offer subjects a compensating potential for benefit. These studies and interventions have the potential to exploit subjects for the benefit of others, a concern that is especially acute when investigators enroll individuals who are unable to give informed consent. US regulations for research with human subjects attempt to address this (...)
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  46. Emma Bullock (2010). Informed Consent as Waiver: The Doctrine Rethought? Ethical Perspectives 17 (4):529-555.score: 24.0
    Neil Manson and Onora O’Neill have recently defended an original theory of informed consent in their book Rethinking Informed Consent in Bioethics (2007). The development of their ‘waiver’ model is premised on the failings of the theory of informed consent as disclosure, which is rejected on two counts: firstly, the disclosure model’s implicit reliance upon a ‘conduit-container’ model of communication means that the regulatory requirements of informed consent can rarely be achieved; secondly, the model’s purported ethical (...)
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  47. Miles Little (2009). The Role of Regret in Informed Consent. Journal of Bioethical Inquiry 6 (1):49-59.score: 24.0
    Informed consent to medical procedures tends to be construed in terms of principle-based ethics and one or other form of expected utility theory. These constructions leave problems created by imperfect communication; subjective distress and other emotions; imperfect knowledge and incomplete understanding; complexity, and previous experience or the lack of it. There is evidence that people giving consent to therapy or to research participation act intuitively and assess consequences holistically, being influenced more by the magnitude of outcomes than their (...)
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  48. J. David Hester (2004). Intersex(Es) and Informed Consent: How Physicians' Rhetoric Constrains Choice. Theoretical Medicine and Bioethics 25 (1):21-49.score: 24.0
    When a child is born with ambiguousgenitalia it is declared a psychosocialemergency, and the policy first proposed byJohn Money (Johns Hopkins University) andadapted by the American Academy of Pediatrics(and more broadly accepted in Canada, the U.K.,and Europe) requires determination ofunderlying condition(s), selection of gender,surgical intervention, and a commitment by allparties to accept the ``real sex'' of thepatient, all no later than 18–24 months,preferably earlier. Ethicists have recentlyquestioned this protocol on several grounds:lack of medical necessity, violation ofinformed consent, uncertainty (...)
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  49. Joseph Millum (2014). Consent Under Pressure: The Puzzle of Third Party Coercion. [REVIEW] Ethical Theory and Moral Practice 17 (1):113-127.score: 24.0
    Coercion by the recipient of consent renders that consent invalid. But what about when the coercive force comes from a third party, not from the person to whom consent would be proffered? In this paper I analyze how threats from a third party affect consent. I argue that, as with other cases of coercion, we should distinguish threats that render consent invalid from threats whose force is too weak to invalidate consent and threats that (...)
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