Journal of Bioethical Inquiry 15 (1):101-109 (2018)
Abstract |
Over several decades, ethics and law have been applied to medical education and practice in a way that reflects the continuation during the twentieth century of the strong distinction between facts and values. We explain the development of applied ethics and applied medical law and report selected results that reflect this applied model from an empirical project examining doctors’ decisions on withdrawing/withholding treatment from patients who lack decision-making capacity. The model is critiqued, and an alternative “constitutive” model is supported on the basis that medicine, medical law, and medical ethics exemplify the inevitable entanglement of facts and values. The model requires that ethics and law be taught across the medical education curriculum and integrated with the basic and clinical sciences and that they be perceived as an integral component of medical evidence and practice. Law, in particular, would rank as equal in normative authority to the relevant clinical scientific “facts” of the case, with graduating doctors having as strong a basic command of each category as the other. The normalization of legal knowledge as part of the clinician’s evidence base to be utilized in practice may provide adequate consolation for clinicians who may initially resent further perceived incursions on their traditional independence and discretion.
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DOI | 10.1007/s11673-017-9836-3 |
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References found in this work BETA
The Construction of Social Reality. Anthony Freeman in Conversation with John Searle.J. Searle & A. Freeman - 1995 - Journal of Consciousness Studies 2 (2):180-189.
The Collapse of the Fact/Value Dichotomy and Other Essays.Hilary Putnam - 2002 - Harvard University Press.
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Citations of this work BETA
A Return to Reasonableness and Virtue in Medical Epistemology.Narcyz Ghinea - 2020 - Journal of Evaluation in Clinical Practice 26 (2):447-451.
The Power of Knowledge, Responses to Change, and the Gymnastics of Causation.Michael A. Ashby & Bronwen Morrell - 2018 - Journal of Bioethical Inquiry 15 (1):1-4.
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