Read e-book online A History and Theory of Informed Consent PDF

By Ruth R. Faden

ISBN-10: 0195036867

ISBN-13: 9780195036862

ISBN-10: 1423763521

ISBN-13: 9781423763529

Truly argued and written in nontechnical language, this booklet offers a definitive account of educated consent. It starts through featuring the analytic framework for reasoning approximately knowledgeable consent present in ethical philosophy and legislations. The authors then evaluation and interpret the heritage of expert consent in medical drugs, examine, and the courts. They argue that appreciate for autonomy has had a relevant position within the justification and serve as of trained consent standards. Then they current a thought of the character of knowledgeable consent that's according to an appreciation of its ancient roots. a major contribution to a subject of present felony and moral debate, this learn is out there to all people with a major 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 talk concerning the rights of sufferers and matters.

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Extra info for A History and Theory of Informed Consent

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Chaps. 3,7. 5. As we shall see in Chapter 2, legal commentary in the United States appealed to a right of privacy at the end of the nineteenth century in order to protect individuals against intrusions into zones of private life through newspaper gossip or telephone wiretapping. The "new right" was to serve as a tool for something that had not until then been explicitly protected legally. This legal concept was later broadened, according to a theory of constitutional law, to protect not only against the exploitation of personal information, but also against interference with certain forms of personal decisionmaking.

Several courts have held that granting priority to the judgment of physicians gives an unjustifiable weight to professional standards in Anglo-American jurisprudence. 21 32 FOUNDATIONS The Reasonable Person Standard. These objections to the professional practice standard have prompted some courts to adopt a different standard for determining the scope of disclosure, one designed to protect more adequately the patient's right of self-determination. This standard focuses on the information the "reasonable person" needs to know about risks, alternatives, and consequences.

Daniel Callahan, "Autonomy: A Moral Good, Not a Moral Obsession," The Hastings Center Report 14 (October 1984): 40-42. 2 Foundations in Legal Theory We maintained in Chapter 1 that moral principles are to be understood as principles of duty and that these duties are correlative to rights. Although no structure of principles in law corresponds directly to moral principles, moral principles are expressed and enforced by the law in the form of rights and duties devised for the specific purposes of a legal framework.

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

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