Theoretical Medicine and Bioethics 24 (5):381-393 (2003)

Abstract
In his paper, “The Relevance of Rawls’ Principle of Justice for Research on Cognitively Impaired Patients” (Theoretical Medicine and Bioethics 23 (2002):45–53), Giovanni Maio has developed a thought-provoking argument for the permissibility of non-therapeutic research on cognitively impaired patients. Maio argues that his conclusion follows from the acceptance of John Rawls’s principles of justice, specifically, Rawls’s “liberty principle” Maio has misinterpreted Rawls’s “libertyprinciple” – correctly interpreted it does notsupport non-therapeutic research on cognitivelyimpaired patients. Three other ‘Rawlsian’ arguments are suggested by Maio’s discussion –two “self-respect” arguments and a “presumed consent” argument – but none of them are convincing. However, an alternative argument developed from Rawls’s discussion of “justice in health care” in his most recent book, Justice as Fairness: A Restatement, may justify certain kinds of non-therapeutic research on some cognitively impaired patients in special circumstances. We should not expect anything more permissive from a liberal theory of justice.
Keywords Philosophy   Philosophy   Ethics   Philosophy of Medicine   General Surgery   History of Medicine
Categories (categorize this paper)
Reprint years 2004
DOI 10.1023/B:META.0000006823.03739.e3
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 71,512
External links

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.

Add more references

Citations of this work BETA

Research Ethics and the Principle of Justice as Fairness – a Restatement.Giovanni Maio - 2003 - Theoretical Medicine and Bioethics 24 (5):395-406.

Add more citations

Similar books and articles

The Limits of Rawlsian Justice.Roberto Alejandro - 1998 - Johns Hopkins University Press.
Research Ethics and the Principle of Justice as Fairness – a Restatement.Giovanni Maio - 2003 - Theoretical Medicine and Bioethics 24 (5):395-406.
Rawlsian Justice.Fabienne Peter - 2009 - In Paul Anand, Prastanta Pattanaik & Clemens Puppe (eds.), Handbook of Rational and Social Choice. Oxford University Press. pp. 433--456.
Rawls on the Practicability of Utilitarianism.Ivar Labukt - 2009 - Politics, Philosophy and Economics 8 (2):201-221.
Rawlsian Justice and a Human Right to Health Care.John C. Moskop - 1983 - Journal of Medicine and Philosophy 8 (4):329-338.

Analytics

Added to PP index
2009-01-28

Total views
81 ( #145,019 of 2,520,967 )

Recent downloads (6 months)
1 ( #405,457 of 2,520,967 )

How can I increase my downloads?

Downloads

My notes