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  1. Self-Ownership and Abortion.Rajiv Shah - manuscript
    This paper argues that in the absence of general duties to rescue a woman may, at any time, terminate an unintended pregnancy even if the foetus is a person. However the rights of the foetus restrict the procedures one may use. In particular only an evictionist procedure may be used. Furthermore the argument presented does not rely on any act of balancing the rights of the woman against the rights of the foetus. There is no “clash of rights” involved. This (...)
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  2. The Duty to Protect, Abortion, and Organ Donation.Emily Carroll & Parker Crutchfield - forthcoming - Cambridge Quarterly of Healthcare Ethics.
    Some people oppose abortion on the grounds that fetuses have full moral status and thus a right to not be killed. We argue that special obligations that hold between mother and fetus also hold between parents and their children. We argue that if these special obligations necessitate the sacrifice of bodily autonomy in the case of abortion, then they also necessitate the sacrifice of bodily autonomy in the case of organ donation. If we accept the argument that it is obligatory (...)
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  3. Should Parents Be Asked to Consent for Life-Saving Paediatric Interventions?Nathan K. Gamble & Michal Pruski - forthcoming - Journal of the Intensive Care Society.
    Informed consent, when given by proxy, has limitations: chiefly, it must be made in the interest of the patient. Here we critique the standard approach to parental consent, as present in Canada and the UK. Parents are often asked for consent, but are not given the authority to refuse medically beneficial treatment in many situations. This prompts the question of whether it is possible for someone to consent if they cannot refuse. We present two alternative and philosophically more consistent frameworks (...)
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  4. Deep Brain Stimulation and Revising the Mental Health Act: The Case for Intervention-Specific Safeguards.Jonathan Pugh, Tipu Aziz, Jonathan Herring & Julian Savulescu - forthcoming - British Journal of Psychiatry.
    Under the current Mental Health Act of England and Wales, it is lawful to perform deep brain stimulation in the absence of consent and independent approval. We argue against the Care Quality Commission's preferred strategy of addressing this problematic issue, and offer recommendations for deep brain stimulation-specific provisions in a revised Mental Health Act.
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  5. The Right to Bodily Integrity.A. M. Viens (ed.) - forthcoming - Ashgate.
    The right to bodily integrity has become a notable controversial issue within moral, political and legal discourse and this right is regarded as one of the most precious rights that persons have, alongside the right to life. Recent scholarly debate has focused attention on the content, scope and force of this right and has lead to the recognition that a better understanding of the nature of this right will contribute to determining whether and why a multitude of clinical and research (...)
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  6. Safeguarding Vulnerable Autonomy? Situational Vulnerability, The Inherent Jurisdiction and Insights From Feminist Philosophy.Jonathan Lewis - 2021 - Medical Law Review:1-31.
    The High Court continues to exercise its inherent jurisdiction to make declarations about interventions into the lives of situationally vulnerable adults with mental capacity. In light of protective responses of health care providers and the courts to decision-making situations involving capacitous vulnerable adults, this paper has two aims. The first is diagnostic. The second is normative. The first aim is to identify the harms to a capacitous vulnerable adult’s autonomy that arise on the basis of the characterisation of situational vulnerability (...)
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  7. 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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  8. Hyde Within the Boundaries of Mere Jekyll: Evil in Kant & Stevenson.Virgil W. Brower - 2020 - Polish Journal of Aesthetics 56 (1/2020):63-84.
    This essay experiments with Kant’s writings on rational religion distilled through the Strange Case of Dr Jekyll and Mr Hyde as canonical confrontations with primal problems of evil. It suggests boundaries between Stevenson’s characters and their occupations comparable to the those conflicted in the Kantian university, namely, law, medicine, theology, and philosophy (which makes a short anticipatory appearance in his earlier text on rational religion). With various faculties it investigates diffuse comprehensions—respectively, legal crime, biogenetic transmission, and original sin—of key ethical (...)
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  9. 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 putative authority to (...)
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  10. The Narrative Coherence Standard and Child Patients' Capacity to Consent.Gah-Kai Leung - 2020 - American Journal of Bioethics Neuroscience 11 (1):40-42.
    Aryeh Goldberg compellingly argues for a Narrative Coherence Standard (NCS) to bolster existing methods of assessing patients' mental capacity. But his account fails to distinguish between the cognitive abilities of children and adults; consequently, worries may be raised about the scope of the NCS, in particular when we consider child patients. In this article, I argue the NCS cannot plausibly apply to children. Since children's self-conception does not arrive fully formed — but rather is a product of both incomplete cognitive (...)
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  11. Getting Obligations Right: Autonomy and Shared Decision Making.Jonathan Lewis - 2020 - Journal of Applied Philosophy 37 (1):118-140.
    Shared Decision Making (‘SDM’) is one of the most significant developments in Western health care practices in recent years. Whereas traditional models of care operate on the basis of the physician as the primary medical decision maker, SDM requires patients to be supported to consider options in order to achieve informed preferences by mutually sharing the best available evidence. According to its proponents, SDM is the right way to interpret the clinician-patient relationship because it fulfils the ethical imperative of respecting (...)
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  12. Capturing and Promoting the Autonomy of Capacitous Vulnerable Adults.Jonathan Lewis - 2020 - Journal of Medical Ethics:medethics-2020-106835.
    According to the High Court in England and Wales, the primary purpose of legal interventions into the lives of vulnerable adults with mental capacity should be to allow the individuals concerned to regain their autonomy of decision making. However, recent cases of clinical decision making involving capacitous vulnerable adults have shown that, when it comes to medical law, medical ethics and clinical practice, vulnerability is typically conceived as opposed to autonomy. The first aim of this paper is to detail the (...)
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  13. The patient’s right to informed consent in the US Legal System. Genesis, development, foundations and brief questioning comparison with the Spanish model.Noelia Martinez-Doallo - 2020 - Derecho y Salud 30 (2):57-83.
    A legal analysis on the informed consent of the patient primarily requires considering the common law, regardless of solutions provided by the malpractice statutes and a promising constitutional protection route, despite the ascertainment of some preventable shortcomings. This paper aims to offer a comprehensive review on the genesis, advancement and basis of the U.S. legal protection of the informed consent in the healthcare extent, to afterwards carry out a brief comparative study with the Spanish regulation.
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  14. Respecting Disability Rights — Toward Improved Crisis Standards of Care.Michelle M. Mello, Govind Persad & Douglas B. White - 2020 - New England Journal of Medicine:DOI: 10.1056/NEJMp2011997.
    We propose six guideposts that states and hospitals should follow to respect disability rights when designing policies for the allocation of scarce, lifesaving medical treatments. Four relate to criteria for decisions. First, do not use categorical exclusions, especially ones based on disability or diagnosis. Second, do not use perceived quality of life. Third, use hospital survival and near-term prognosis (e.g., death expected within a few years despite treatment) but not long-term life expectancy. Fourth, when patients who use ventilators in their (...)
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  15. Disability Law and the Case for Evidence-Based Triage in a Pandemic.Govind Persad - 2020 - Yale Law Journal Forum 130:26-50.
    This Essay explains why model policies proposed or adopted in response to the COVID-19 pandemic that allocate scarce medical resources by using medical evidence to pursue two core goals—saving more lives and saving more years of life—are compatible and consonant with disability law. Disability law, properly understood, permits considering medical evidence about patients’ probability of surviving treatment and the quantity of scarce treatments they will likely use. It also permits prioritizing health workers, and considering patients’ post-treatment life expectancy. These factors, (...)
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  16. Traumatic Brain Injury with Personality Change: A Challenge to Mental Capacity Law in England and Wales.Demian Whiting - 2020 - Psychological Injury and Law 13 (1):11-18.
    It is well documented that people with moderate-to-severe traumatic brain injury (TBI) can undergo personality changes, including becoming more impulsive in terms of how they behave. Legal guidance and academic commentary support the view that impulsiveness can render someone decisionally incompetent as defined by English and Welsh law. However, impulsiveness is a trait found within the healthy population. Arguably, impulsiveness is also a trait that gives rise to behaviours that should normally be tolerated even when they cause harm to the (...)
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  17. Compensation for Cures: Paying People to Participate in Challenge Studies.Jonathan Anomaly & Julian Savulescu - 2019 - Bioethics 33 (7):792-797.
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  18. Introduction: The Limits of Respect for Autonomy.David Kirchhoffer - 2019 - In David G. Kirchhoffer & Bernadette J. Richards (eds.), Beyond Autonomy: Limits and Alternatives to Informed Consent in Research Ethics and Law. Cambridge: pp. 1-14.
    This book makes an important contribution to ongoing efforts in the fields of medical law and bioethics to answer the challenges posed by the limitations of the principle of respect for autonomy, especially as these pertain to human research ethics. The principle of respect for autonomy seems to have become firmly embedded in human research ethics since its inclusion in the 1947 Nuremberg Code, which was a response to atrocities committed by Nazi doctors. Nonetheless, there is an increasing awareness of (...)
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  19. Dignity, Being and Becoming in Research Ethics.David G. Kirchhoffer - 2019 - In D. Kirchhoffer & B. Richards (eds.), Beyond Autonomy: Limits and Alternatives to Informed Consent in Research Ethics and Law. Cambridge:
    Since the end of World War II, most guidelines governing human research seem to have relied on the principle of respect for autonomy as a key, though not sole, criterion in assessing the moral validity of research involving human participants.1 One explanation for this apparent reliance on respect for autonomy may be that respect for autonomy, made effective through the practice of obtaining informed consent, functions as a useful proxy when dealing with competent adults for the more complex principle of (...)
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  20. Introduction: The Limits of Respect for Autonomy.David G. Kirchhoffer - 2019 - In D. Kirchhoffer & B. Richards (eds.), Beyond Autonomy: Limits and Alternatives to Informed Consent in Research Ethics and Law. Cambridge:
    This book makes an important contribution to ongoing efforts in the fields of medical law and bioethics to answer the challenges posed by the limitations of the principle of respect for autonomy, especially as these pertain to human research ethics. The principle of respect for autonomy seems to have become firmly embedded in human research ethics since its inclusion in the 1947 Nuremberg Code, which was a response to atrocities committed by Nazi doctors. Nonetheless, there is an increasing awareness of (...)
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  21. Beneficence in Research Ethics.David G. Kirchhoffer, C. Favor & C. Cordner - 2019 - In D. Kirchhoffer & B. Richards (eds.), Beyond Autonomy: Limits and Alternatives to Informed Consent in Research Ethics and Law. Cambridge:
    This chapter examines the explicit and implicit roles that the concept of beneficence plays in the guidelines that govern biomedical research involving humans. We suggest that the role beneficence is actually playing in the guidelines is more comprehensive than is commonly assumed. The broader conceptualisation of beneficence proposed here clarifies the relationship of beneficence to respect for autonomy. It does this by showing how respect for autonomy is at the service of beneficence rather than in tension with it.
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  22. Beyond Autonomy: Limits and Alternatives to Informed Consent in Research Ethics and Law.David Kirchhoffer & Bernadette J. Richards (eds.) - 2019 - Cambridge: Cambridge University Press.
    Respect for autonomy has become a fundamental principle in human research ethics. Nonetheless, this principle and the associated process of obtaining informed consent do have limitations. This can lead to some groups, many of them vulnerable, being left understudied. This book considers these limitations and contributes through legal and philosophical analyses to the search for viable approaches to human research ethics. It explores the limitations of respect for autonomy and informed consent both in law and through the examination of cases (...)
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  23. Does Shared Decision Making Respect a Patient's Relational Autonomy?Jonathan Lewis - 2019 - Journal of Evaluation in Clinical Practice 25 (6):1063-1069.
    According to many of its proponents, shared decision making ("SDM") is the right way to interpret the clinician-patient relationship because it respects patient autonomy in decision-making contexts. In particular, medical ethicists have claimed that SDM respects a patient's relational autonomy understood as a capacity that depends upon, and can only be sustained by, interpersonal relationships as well as broader health care and social conditions. This paper challenges that claim. By considering two primary approaches to relational autonomy, this paper argues that (...)
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  24. "Common Arguments About Abortion" and "Better (Philosophical) Arguments About Abortion".Nathan Nobis & Kristina Grob - 2019 - Introduction to Ethics: An Open Educational Resource.
    Two chapters -- "Common Arguments about Abortion" and "Better (Philosophical) Arguments About Abortion" -- in one file, from the open access textbook "Introduction to Ethics: An Open Educational Resource" edited by Noah Levin. -/- Adults, children and babies are arguably wrong to kill, fundamentally, because we are conscious, aware and have feelings. Since early fetuses entirely lack these characteristics, we argue that they are not inherently wrong to kill and so most abortions are not morally wrong, since most abortions are (...)
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  25. Reasonable Parental and Medical Obligations in Pediatric Extraordinary Therapy.Michal Pruski & Nathan K. Gamble - 2019 - The Linacre Quarterly 86 (2-3):198-206.
    The English cases of Charlie Gard and Alfie Evans involved a conflict between the desires of their parents to preserve their children’s lives and judgments of their medical teams in pursuit of clinically appropriate therapy. The treatment the children required was clearly extraordinary, including a wide array of advanced life-sustaining technological support. The cases exemplify a clash of worldviews rooted in different philosophies of life and medical care. The article highlights the differing perspectives on parental authority in medical care in (...)
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  26. Challenging the ‘Born Alive’ Threshold: Fetal Surgery, Artificial Wombs, and the English Approach to Legal Personhood.Elizabeth Chloe Romanis - 2019 - Medical Law Review.
    English law is unambiguous that legal personality, and with it all legal rights and protections, is assigned at birth. This rule is regarded as a bright line that is easily and consistently applied. The time has come, however, for the rule to be revisited. This article demonstrates that advances in fetal surgery and (anticipated) artificial wombs do not marry with traditional conceptions of birth and being alive in law. These technologies introduce the possibility of ex utero gestation, and/or temporary existence (...)
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  27. The Epistemology of Medical Error in an Intersectional World.Devora Shapiro - 2019 - In Fritz Allhoff & Sandra L. Borden (eds.), Ethics and Error in Medicine.
    In this chapter I explicate and evaluate the concept of medical error. Unlike standard philosophical approaches to analyzing medical phenom- ena in the abstract, I instead address medical error specifi cally within the context of an embodied social world. I illustrate how, as a deeply contex- tual concept, medical error is inextricably tied to the social conditions— and concrete, powerful interests—of the particulars in which it is found. -/- I begin with an analysis that demonstrates the relational quality of medi- (...)
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  28. Nation, Narration, and Health in Mohamedou Ould Slahi’s Guantánamo Diary.Neil Krishan Aggarwal - 2018 - Journal of Medical Humanities 39 (3):263-273.
    Scholars have mostly analyzed information from mental health practitioners, attorneys, and institutions to critique mental health practices in the War on Terror. These sources offer limited insights into the suffering of detainees. Detainee accounts provide novel information based on their experiences at Guantánamo. Mohamedou Ould Slahi’s Guantánamo Diary is the only text from a current detainee that provides a first-person account of his interrogations and interactions with health professionals. Despite being advertised as a diary, however, it has undergone redaction from (...)
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  29. The Conditions For Ethical Application of Restraints.Parker Crutchfield, Tyler Gibb, Michael Redinger, Dan Ferman & John Livingstone - 2018 - Chest 155 (3):617-625.
    Despite the lack of evidence for their effectiveness, the use of physical restraints for patients is widespread. The best ethical justification for restraining patients is that it prevents them from harming themselves. We argue that even if the empirical evidence supported their effectiveness in achieving this aim, their use would nevertheless be unethical, so long as well known exceptions to informed consent fail to apply. Specifically, we argue that ethically justifiable restraint use demands certain necessary and sufficient conditions. These conditions (...)
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  30. Ethical and Moral Concerns Regarding Artificial Intelligence in Law and Medicine.Soaad Hossain - 2018 - Journal of Undergraduate Life Sciences 12 (1):10.
    This paper summarizes the seminar AI in Medicine in Context: Hopes? Nightmares? that was held at the Centre for Ethics at the University of Toronto on October 17, 2017, with special guest assistant professor and neurosurgeon Dr. Sunit Das. The paper discusses the key points from Dr. Das' talk. Specifically, it discusses about Dr. Das' perspective on the ethical and moral issues that was experienced from applying artificial intelligence (AI) in law and how such issues can also arise when applying (...)
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  31. The Sensitivity Argument Against Child Euthanasia.Geoff Keeling - 2018 - Journal of Medical Ethics 44 (2):143-144.
    Is there a moral difference between euthanasia for terminally ill adults and euthanasia for terminally ill children? Luc Bovens considers five arguments to this effect, and argues that each is unsuccessful. In this paper, I argue that Bovens' dismissal of the sensitivity argument is unconvincing.
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  32. In Defense of Brain Death: Replies to Don Marquis, Michael Nair-Collins, Doyen Nguyen, and Laura Specker Sullivan.John P. Lizza - 2018 - Diametros 55:68-90.
    In this paper, I defend brain death as a criterion for determining death against objections raised by Don Marquis, Michael Nair-Collins, Doyen Nguyen, and Laura Specker Sullivan. I argue that any definition of death for beings like us relies on some sortal concept by which we are individuated and identified and that the choice of that concept in a practical context is not determined by strictly biological considerations but involves metaphysical, moral, social, and cultural considerations. This view supports acceptance of (...)
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  33. A Civic Republican Analysis of Mental Capacity Law.Tom O'Shea - 2018 - Legal Studies 1 (38):147-163.
    This article draws upon the civic republican tradition to offer new conceptual resources for the normative assessment of mental capacity law. The republican conception of liberty as non-domination is used to identify ways in which such laws generate arbitrary power that can underpin relationships of servility and insecurity. It also shows how non-domination provides a basis for critiquing legal tests of decision-making that rely upon ‘diagnostic’ rather than ‘functional’ criteria. In response, two main civic republican strategies are recommended for securing (...)
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  34. Adverse Consequences of Article 12 of the UN Convention on the Rights of Persons with Disabilities for Persons with Mental Disabilities and an Alternative Way Forward.Matthé Scholten & Jakov Gather - 2018 - Journal of Medical Ethics 44 (4):226-233.
    It is widely accepted among medical ethicists that competence is a necessary condition for informed consent. In this view, if a patient is incompetent to make a particular treatment decision, the decision must be based on an advance directive or made by a substitute decision-maker on behalf of the patient. We call this the competence model. According to a recent report of the United Nations (UN) High Commissioner for Human Rights, article 12 of the UN Convention on the Rights of (...)
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  35. Should Pregnancy Be Considered a Disability?Devora Shapiro - 2018 - International Journal of Feminist Approaches to Bioethics 11 (1):91-105.
    Individuals with disabilities face significant challenges, both physically and socially. To claim a disability, therefore, is not something one ought to do lightly. Pregnancy, however, presents a very difficult and interesting case. Pain, discomfort, and inconvenience are often daily aspects of pregnancy, and pregnancy itself can cause physical, as well as social, impediments that can substantially interfere with one's day-to-day work and life. In practice, based on our current laws concerning family leave, ailments brought on by pregnancy can be cited (...)
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  36. Personalised Medicine, Individual Choice and the Common Good.Britta van Beers, Sigrid Sterckx & Donna Dickenson (eds.) - 2018 - Cambridge: Cambridge University Press.
    This is a volume of twelve essays concerning the fundamental tension in personalised medicine between individual choice and the common good.
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  37. Ethics, Antibiotics, and Public Policy.Jonny Anomaly - 2017 - Georgetown Journal of Law and Public Policy 15 (2).
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  38. The Right to Healthcare Under European Law.André den Exter - 2017 - Diametros 51:173-195.
    Too often, the right to healthcare has been considered an illusory right that is not even a legal right, but merely an aspirational norm that cannot be adjudicated before the court. In modern human rights law, considering individual and social rights as interdependent and indivisible, such an approach is untenable. Both legal doctrine and recent case law from domestic and international courts have elaborated and confirmed the specific obligations under the right to healthcare, countering the general complaint of “shrouded vagueness”. (...)
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  39. Property in the Body: Feminist Perspectives, Second Edition.Donna Dickenson - 2017 - Cambridge: Cambridge University Press.
    Second edition of Property in the Body, containing about fifty percent new and updated material, including a chapter on surrogacy.
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  40. Parental Responsibility: A Moving Target.Dorothee Horstkötter, Daniela Cutas & Kristien Hens - 2017 - In Kristien Hens, Daniela Cutas & Dorothee Horstkötter (eds.), Parental Responsibility in the Context of Neuroscience and Genetics. Springer.
    Beliefs about the moral status of children have changed significantly in recent decades in the Western world. At the same time, knowledge about likely consequences for children of individual, parental, and societal choices has grown, as has the array of choices that (prospective) parents may have at their disposal. The intersection between these beliefs, this new knowledge, and these new choices has created a minefield of expectations from parents and a seemingly ever-expanding responsibility towards their children. Some of these new (...)
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  41. The Medical Surrogate as Fiduciary Agent.Dana Howard - 2017 - Journal of Law, Medicine and Ethics 45 (3):402-420.
    Within bioethics, two prevailing approaches structure how we think about the role of medical surrogates and the decisions that they must make on behalf of incompetent patients. One approach views the surrogate primarily as the patient's agent, obediently enacting the patient's predetermined will. The second approach views the surrogate as the patient's custodian, judging for herself how to best safeguard the patient's interests. This paper argues that both of these approaches idealize away some of the ethically relevant features of advance (...)
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  42. A Challenge for Evidence-Based Policy.Adam La Caze & Mark Colyvan - 2017 - Axiomathes 27 (1):1-13.
    Evidence-based policy has support in many areas of government and in public affairs more generally. In this paper we outline what evidence-based policy is, then we discuss its strengths and weaknesses. In particular, we argue that it faces a serious challenge to provide a plausible, over-arching account of evidence. We contrast evidence-based policy with evidence-based medicine, especially the role of evidence in assessing the effectiveness of medicines. The evidence required for policy decisions does not easily lend itself to randomized controlled (...)
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  43. Wrongness, Responsibility, and Conscientious Refusals in Health Care.Alida Liberman - 2017 - Bioethics 31 (7):495-504.
    In this article, I address what kinds of claims are of the right kind to ground conscientious refusals. Specifically, I investigate what conceptions of moral responsibility and moral wrongness can be permissibly presumed by conscientious objectors. I argue that we must permit HCPs to come to their own subjective conclusions about what they take to be morally wrong and what they take themselves to be morally responsible for. However, these subjective assessments of wrongness and responsibility must be constrained in several (...)
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  44. The Philosophy of Evidence-Based Medicine by Jeremy Howick. [REVIEW]Leemon McHenry - 2017 - Kennedy Institute of Ethics Journal 27 (3):1-5.
    The idea that prescribing physicians should be guided by the most reliable scientific evidence seems obvious, but the actual methodology of evidence-based medicine was only introduced in the early 1990s by an international group of clinicians and researchers led by Gordon Guyatt. Since then it has provided a new paradigm for the scientific foundation of medicine and has influenced other disciplines outside of medicine, for example, evidence-based psychotherapy, science and government. The novel concept of evidence-based medicine is based on hierarchies (...)
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  45. Notes on the Use of Randomised Controlled Trials to Evaluate Complex Interventions: Community Treatment Orders as an Illustrative Case.Feras Ali Mustafa - 2017 - Journal of Evaluation in Clinical Practice 23 (1):185-192.
    Over the past seven decades, randomised controlled trials (RCTs) have revolutionised clinical research and achieved a gold standard status. However, extending their use to evaluate complex interventions is problematic. In this paper we will demonstrate that complex intervention RCTs violate the necessary premises that govern the RCTs logic and underpin their rigour. The lack of blinding, heterogeneity of participants, as well as poor treatment standardisation and difficulty of controlling for confounders, which characterise complex intervention RCTs, can potentially be profoundly detrimental (...)
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  46. ‘Drugs That Make You Feel Bad’? Remorse-Based Mitigation and Neurointerventions.Jonathan Pugh & Hannah Maslen - 2017 - Criminal Law and Philosophy 11 (3):499-522.
    In many jurisdictions, an offender’s remorse is considered to be a relevant factor to take into account in mitigation at sentencing. The growing philosophical interest in the use of neurointerventions in criminal justice raises an important question about such remorse-based mitigation: to what extent should technologically facilitated remorse be honoured such that it is permitted the same penal significance as standard instances of remorse? To motivate this question, we begin by sketching a tripartite account of remorse that distinguishes cognitive, affective (...)
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  47. Exercise Prescription and The Doctor's Duty of Non-Maleficence.Jonathan Pugh, Christopher Pugh & Julian Savulesu - 2017 - British Journal of Sports Medicine 51 (21):1555-1556.
    An abundance of data unequivocally shows that exercise can be an effective tool in the fight against obesity and its associated co-morbidities. Indeed, physical activity can be more effective than widely-used pharmaceutical interventions. Whilst metformin reduces the incidence of diabetes by 31% (as compared with a placebo) in both men and women across different racial and ethnic groups, lifestyle intervention (including exercise) reduces the incidence by 58%. In this context, it is notable that a group of prominent medics and exercise (...)
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  48. U.S. Outpatient Commitment in Context: When is It Ethical and How Can We Tell?Jeffrey Swanson, Marvin Swartz & Daniel Moseley - 2017 - In Alec Buchanan & Lisa Wootton (eds.), Care of the Mentally Disordered Offender in the Community, 2nd Edition. Oxford, UK: Oxford University Press. pp. 47-60.
    We describe the legal practice of using civil court orders to mandate outpatient mental health treatment for adults with serious mental illness. After briefly placing the practice in historical context, we discuss the traditional clinical rationale and assumptions underlying outpatient commitment and its legal variants, as well as how the predominant and controversial preventive form of outpatient commitment emerged in the U.S. to address limitations of earlier versions of these laws, such as "conditional release." We then consider whether, and under (...)
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  49. Brain Drain, Contracts, and Moral Obligation.Daniel Edward Callies - 2016 - Moral Philosophy and Politics 3 (1).
    In this paper I first argue that when answering the question of whether or not governments may restrict emigration, Brock and Blake are staking out positions not astronomically far from one another. Despite the ostensibly large philosophical gap between the two, both think that certain governments may restrict emigration when such restriction is agreed to in a morally binding contract. Secondly, both authors think that there are specific “circumstances” or “conditions” under which a contract that restricts emigration can be morally (...)
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  50. Standardized Study Designs, Value Judgments, and Financial Conflicts of Interest in Research.Kevin C. Elliott - 2016 - Perspectives on Science 24 (5):529-551.
    The potential for financial conflicts of interest to influence scientific research in problematic ways has recently become a significant topic of discussion across numerous fields. The chemical, petroleum, pharmaceutical, and tobacco industries have all been accused of suppressing evidence that their products are harmful, producing studies with questionable methodologies, generating questionable reinterpretations of studies that challenge their products, and working with public relations firms and front groups to mislead the public about relevant science. In an effort to address these influences, (...)
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