A History and Theory of Informed Consent by Ruth R. Faden PDF

By Ruth R. Faden

ISBN-10: 0195036867

ISBN-13: 9780195036862

ISBN-10: 1423763521

ISBN-13: 9781423763529

Basically argued and written in nontechnical language, this ebook presents a definitive account of knowledgeable consent. It starts off through featuring the analytic framework for reasoning approximately educated consent present in ethical philosophy and legislations. The authors then overview and interpret the background of expert consent in medical medication, learn, and the courts. They argue that appreciate for autonomy has had a important position within the justification and serve as of trained consent requisites. Then they current a concept of the character of trained consent that's in line with an appreciation of its old roots. a tremendous contribution to an issue of present criminal and moral debate, this examine is obtainable to everybody with a significant curiosity in biomedical ethics, together with physicians, philosophers, coverage makers, spiritual ethicists, attorneys, and psychologists. This well timed research makes an important contribution to the controversy concerning the rights of sufferers and matters.

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Additional resources for A History and Theory of Informed Consent

Sample text

S. , Hippocrates, 4 vols. (Cambridge, MA: Harvard University Press, 1923), 1:165. 8. See William K. Frankena, Ethics, 2nd ed. , 1973), esp. 47. 9. D. Ross, The Right and the Good (Oxford: Clarendon Press, 1930), 21. 10. For a discussion of such problems, see Joel Feinberg, Harm to Others: The Moral Limits of the Criminal Law (New York: Oxford University Press, 1984), 13641; Richard Trammell, "Saving Life and Taking Life," Journal of Philosophy 72 (1975): 131-37, and "Tooley's Moral Symmetry Principle," Philosophy and Public Affairs 5 (1976): 305ff.

Numerous authors in biomedical and research ethics believe that if a person is acting autonomously and is the bearer of an autonomy right, then his or her choices morally ought never to be overridden by considerations of beneficence or proper care. This is not our assumption. Although the burden of moral proof will generally be on those who seek to intervene in another's choice, as the need to protect persons from harm becomes more compelling, thereby increasing the "weight" of moral considerations of beneficence in the circumstances, it becomes more likely that these considerations will validly override demands to respect autonomy.

Moreover, if a single moral principle— such as respect for autonomy—underlies several different theories of liability, it may emerge in each theory in different garb. FOUNDATIONS IN LEGAL THEORY 25 Informed consent is interpreted in the legal tradition as grounded in, and justified by, the moral principle of respect for autonomy. However, in the legal context, informed consent is not precisely about how best to respect autonomy or to enable autonomous decisionmaking. Legal language is oriented more toward specific (correlative) rights and duties that are derived from principles than toward the principles themselves.

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A History and Theory of Informed Consent by Ruth R. Faden


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