Ethical Theory and Moral Practice 7 (3):267-291 (2004)
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Abstract |
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 someone''s autonomy, any preferences we respect must be among that person''s current preferences. I argue that this is not always true. Just as we can celebrate an event long after it happens, so can we respect someone''s wishes long before or after she has that wish. In the contexts of precedent autonomy and subsequent consent, the wishes are often preferences about which of two other, conflicting preferences to satisfy. When someone has two conflicting preferences, and a third preference on how to resolve that conflict, to respect his autonomy we must respect that third preference. People with declining competence may have a resolution preference earlier, favoring the earlier conflicting preference (precedent autonomy), whereas those with rising competence may have it later, favoring the later conflicting preference (subsequent consent). To respect autonomy in such cases we must respect not a current, but a former or later preference.
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Keywords | advance directive autonomy hierarchical theory of the will living will precedent autonomy prospective autonomy self-paternalism subsequent consent |
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Reprint years | 2005 |
DOI | 10.1023/B:ETTA.0000042908.13784.00 |
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References found in this work BETA
Freedom of the Will and the Concept of a Person.Harry G. Frankfurt - 1971 - Journal of Philosophy 68 (1):5-20.
Deciding for Others: The Ethics of Surrogate Decision Making.Allen E. Buchanan & Dan W. Brock - 1989 - Cambridge University Press.
Freedom of the Will and the Concept of a Person.Harry Frankfurt - 2004 - In Tim Crane & Katalin Farkas (eds.), Metaphysics: A Guide and Anthology. Oxford University Press.
Freedom of the Will and the Concept of a Person.Harry G. Frankfurt - 2003 - In Gary Watson (ed.), Free Will. Oxford University Press.
Quality of Life and Non-Treatment Decisions for Incompetent Patients: A Critique of the Orthodox Approach.Rebecca S. Dresser & John A. Robertson - 1989 - Journal of Law, Medicine and Ethics 17 (3):234-244.
View all 7 references / Add more references
Citations of this work BETA
Three Arguments Against Prescription Requirements.Jessica Flanigan - 2012 - Journal of Medical Ethics 38 (10):579-586.
The time of one's life: views of aging and age group justice.Nancy S. Jecker - 2021 - History and Philosophy of the Life Sciences 43 (1):1-14.
Autonomy and the Moral Authority of Advance Directives.Eric Vogelstein - 2016 - Journal of Medicine and Philosophy 41 (5):500-520.
Prediction of Life-Story Narrative for End-of-Life Surrogate’s Decision-Making is Inadequate: A Q-Methodology Study.Muhammad M. Hammami, Kafa Abuhdeeb, Muhammad B. Hammami, Sophia J. S. De Padua & Areej Al-Balkhi - 2019 - BMC Medical Ethics 20 (1):28.
View all 12 citations / Add more citations
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