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Brain Death

Advance Directives

Voluntary Euthanasia and Medically Assisted Suicide

21 The Sanctity of Life

1 Direct Objections and Side-Effects

2 Stating the Principle of the Sanctity of Life

3 The Boundary between Life and Death

4 ‘Being Alive Is Intrinsically Valuable’

5 ‘Being Conscious Is Intrinsically Valuable’

6 ‘Being Human Is Intrinsically Valuable’

7 The Concept of a ‘Life Worth Living’

8 Is the Desire to Live the Criterion of a Worthwhile Life?

9 Length of Life

10 The ‘No Trade-Off’ View

11 The Social Effects of Abandoning the Sanctity of Life

References

22 Declaration on Euthanasia

I The Value of Human Life

II Euthanasia

III The Meaning of Suffering for Christians and the Use of Painkillers

IV Due Proportion in the Use of Remedies

Conclusion

Killing and Letting Die

23 The Morality of Killing

The Morality of Killing

24 Active and Passive Euthanasia

Reference

25 Is Killing No Worse Than Letting Die?

26 Why Killing is Not Always Worse – and Sometimes Better –Than Letting Die

27 Moral Fictions and Medical Ethics

The Concept of Moral Fictions

Exposing the Moral Fictions

The Moral Work of Moral Fictions

Abandoning the Moral Fictions

Severely Disabled Newborns

28 When Care Cannot Cure

Extreme Prematurity

Birth Defects: Conditions That Can Be Fixed

Birth Defects: Conditions That Cannot Be Fixed

Withholding Treatment

29 The Abnormal Child

30 Right to Life of Handicapped

31 Conjoined Twins, Embodied Personhood, and Surgical Separation

1 Conjoined Twins

2 The Issue of Separation

3 The History of Metaphysical Assumptions about Conjoined Twins

4 Embodied Personhood in Singletons, Non-Conjoined Twins, and Conjoined Twins

5 Some Conclusions

Acknowledgments

References

Brain Death

32 A Definition of Irreversible Coma

Characteristics of Irreversible Coma

Other Procedures

Comment

Summary

Reference

33 Are Recent Defences of the Brain Death Concept Adequate?

Flaws in the BD Concept and Criterion

Recent Expert Explanations and Defences of the BD Concept

Conclusion

34 Is the Sanctity of Life Ethic Terminally Ill?

I Introduction

II Revolution by Stealth: The Redefinition of Death

III Revolution by the Law Lords: The Case of Anthony

Bland

IV Conclusion

Advance Directives

35 Life Past Reason

Autonomy

36 Dworkin on Dementia

Advance Directives and Precedent Autonomy

Critical and Experiential Interests: Problems with the Model

The State's Interest in Margo's Life

Acknowledgment

Voluntary Euthanasia and Medically Assisted Suicide

37 The Note

Statement

38 When Self-Determination Runs Amok

Self-Determination

Killing and Allowing to Die

Calculating the Consequences

Euthanasia and Medical Practice

39 When Abstract Moralizing Runs Amok

40 Trends in End-of-Life Practices Before and After the Enactment of the Euthanasia Law in the Netherlands from 1990 to 2010

Introduction

Methods

Results

Discussion

References

41 Euthanasia in the Netherlands

References

Part V: Resource Allocation

Introduction

42 Rescuing Lives

43 Should Alcoholics Compete Equally for Liver Transplantation?

Should Patients with ARESLD Receive Transplants?

Objections to Proposal

Reasons Patients with ARESLD Should Have a Lower Priority on Transplant Waiting Lists

Should Any Alcoholics Be Considered for Transplantation?

Need for Further Research

Comment

References

44 The Value of Life

I The Moral Significance of Age

45 Bubbles under the Wallpaper

Bubbles under the Wallpaper

A Rights-Based Approach?

Randomness to the Rescue?

Conclusion

References

Part VI: Obtaining Organs

Introduction

46 Organ Donation and Retrieval

47 The Case for Allowing Kidney Sales

References

48 Ethical Issues in the Supply and Demand of Human Kidneys

Brief Background: The Status Quo Systems of Kidney

Procurement

Anti-Market Considerations

The Integrity of the Body

Policy

49 The Survival Lottery

Part VII: Experimentation with Human Participants

Introduction

Human Participants

Human Embryos – Stem Cells

Human Participants

50 Ethics and Clinical Research

Reasons for Urgency of Study

Frequency of Unethical or Questionably Ethical Procedures

The Problem of Consent

Examples of Unethical or Questionably Ethical Studies

Comment on Death Rates

Publication

Summary and Conclusions

References

51 Equipoise and the Ethics of Clinical Research

Responses to the Problems of Equipoise

Theoretical Equipoise versus Clinical Equipoise

The Implications of Clinical Equipoise

Acknowledgement

References

52 The Patient and the Public Good

The Tumour

Women and Breast Cancer

The Physician

Patient-Centered Care

The Public Good and Physician Responsibility

References

53 Scientific Research Is a Moral Duty

Do No Harm

Fairness

The Moral Imperative for Research

Do Universal Moral Principles Deny This Claim?

Is There an Enforceable Obligation to Participate in Research?

Mandatory Contribution to Public Goods

Benefit Sharing

A New Principle of Research Ethics

On Whom Does the Obligation to Participate in Research Fall?

Me and My Kind

Children and the Incompetent

Inducements to Participate in Research

Conclusion

Acknowledgement

References

54 Participation in Biomedical Research Is an Imperfect Moral Duty

The Principle of Beneficence

The Principle of Fairness

Conclusions

Acknowledgments

References

55 Unethical Trials of Interventions to Reduce Perinatal Transmission of the Human Immunodeficiency Virus in Developing Countries

Asking the Wrong Research Question

Inadequate Analysis of Data from ACTG 076 and Other Sources

Defining Placebo as the Standard of Care in Developing Countries

Justifying Placebo-Controlled Trials by Claiming They Are More Rapid

Toward a Single International Standard of Ethical Research

References

56 We’re Trying to Help Our Sickest People, Not Exploit Them

57 Medical Researchers’ Ancillary Clinical Care Responsibilities

What Is Ancillary Care?

Two Extreme Views

A Better Model

What Do Participants Entrust to Researchers?

How Strong Is the Entrustment Responsibility?

Conclusion

Acknowledgments

References

Human Embryos – Stem Cells

58 President Discusses Stem Cell Research

59 Killing Embryos for Stem Cell Research

1 Two Assumptions

2 Assisted Conception

3 Monozygotic Twinning

4 Are Six-Day-Old Embryos Human Organisms?

5 We Are Not Human Organisms

6 We Are Not Souls

7 When We Begin to Exist

8 Potential

9 Intrinsic Value

Acknowledgments

References

Part VIII: Experimentation with Animals

Introduction

60 Duties towards Animals

61 A Utilitarian View

62 All Animals Are Equal

63 Vivisection, Morals and Medicine

Note

Morals and Medicine I II III

References

Commentary from a Vivisecting Professor of Pharmacology

Response

Part IX: Public Health Issues

Introduction

64 Ethics and Infectious Disease

I Distribution of Research Resources

II The Ethical Importance of Infectious Disease

III Why the neglect?

Conclusion

65 Rethinking Mandatory HIV Testing during Pregnancy in Areas with High HIV Prevalence Rates

Liability for Harm to an Unborn Child

The Traditional versus the Current Debate

Defending Conditionality

Conclusions

Acknowledgments

References

66 Mandatory HIV Testing in Pregnancy

Some Preliminaries: Human Rights for Women in the Developing World

The Good to Be Obtained

The Means Used Will Not Cause More Harm

Means Used Will Achieve and Not Undermine the Objective

A Compromise: Treatment in the Absence of Testing

Is There Ever a Time?

67 XDR-TB in South Africa

The Threat to Regional and Global Health

The True Extent of the Problem

Factors Fuelling the Outbreak

Factors That Could Undermine Efforts to Tackle the Outbreak

Is There a Role for Involuntary Detention?

Conclusion

References

Part X: Ethical Issues in the Practice of Healthcare

Introduction

Confidentiality

Truth-Telling

Informed Consent and Patient Autonomy

Confidentiality

68 Confidentiality in Medicine

Two Aspects of Medical Confidentiality

The Role of Confidentiality in Medicine

Possible Solutions to the Confidentiality Problem

Afterthought: Confidentiality and Indiscretion

Conclusion

69 The Duty to Warn and Clinical Ethics

Introduction

Leading Cases and Legislation Concerning Reckless HIV Infections

The Allowance to Warn

Is There a Duty to Warn?

The Tarasoff Case

The Reisner Case

The Garcia Case

The Frankfurt Case

Anti-Tarasoff Jurisdiction

How Should the Physician Decide?

Clinical Ethics Committees and Confidentiality

Conclusion

References

Truth-Telling

70 On a Supposed Right to Lie from Altruistic Motives

71 Should Doctors Tell the Truth?

72 On Telling Patients the Truth

Informed Consent and Patient Autonomy

73 On Liberty

74 From Schloendorff v. NewYork Hospital

75 Informed Consent

The Historical Foundations of Informed Consent

The Concept of Informed Consent

Current Challenges to Informed Consent

Conclusion

76 The Doctor–Patient Relationship in Different Cultures

“Physicians Treat Patients Badly”

Similarities and Differences

Conceptions of Autonomy: East and West

Truth-Telling

77 Amputees by Choice

Editors' Note

78 Rational Desires and the Limitation of Life-Sustaining Treatment

The President's Commission Report

Part I. What Is Autonomy?

Part II. “No Man Ever Threw Away Life, While It Was Worth Keeping”

Part III. Limitations of Treatment of Incompetent Patients

Limitation of Treatment of Competent Patients

Two Objections

Conclusion

79 The Nocebo Effect of Informed Consent I II III

Part XI: Special Issues Facing Nurses

Introduction

80 The Relation of the Nurse to the Doctor and the Doctor to the Nurse

81 In Defense of the Traditional Nurse

Role Components

Transitional Roles

Barriers to Autonomy

Defending the “Traditional Nurse”

Patient Needs: The Prime Concern

Limits on the “Mother” Role

Provider of Humanistic Care

The Feminist Perspective

Conclusions

82 Patient Autonomy and Medical Paternity

Scenario

Introduction

Futility and the End of Life

Autonomy Analysed

Nurses’ Role in Futile Treatment Decisions

Patient Knows Best

Doctor Knows Best

Us and Them: Do Doctors and Nurses Consider Patient

Autonomy Differently?

End-of-Life Care and Autonomy

Avoiding a Medicalized Death

Achieving a Sense of Control

Avoiding Inappropriate Prolongation of Dying

How Can We Determine a Patient’s Quality of Life?

Delivery System Differences

Conclusion

References

83 Health and Human Rights Advocacy

Introduction

Background

Human Rights Research

Findings

Discussion

Conclusion

References

Part XII: Neuroethics

Introduction

84 Neuroethics

Free Will and Mind–Body Reductionism

Reductionism Redux

Personal Identity

Impaired Consent

Manipulations; Natural and Not

Mind Wars

Is Neuroethics New?

Acknowledgment

References

85 How Electrical Brain Stimulation Can Change the Way We Think

86 Neuroethics

The Ethics of Neuroscience

Memory Modification and Enhancement

References

87 Freedom of Memory Today

References

88 Towards Responsible Use of Cognitive-Enhancing Drugs by the Healthy Paths to Enhancement

Favouring Innovation

Substantive Concerns and Policy Goals

Maximum Benefit, Minimum Harm

Conclusion

References

89 Engineering Love Index

End User License Agreement

List of Tables

Chapter 12

Table 12.1 Embryo sex identification by preimplantation genetic diagnosis for nonmedical reasons

Chapter 27

Table 27.1 Comparing end-of-life decisionsConsider two cases: (1) ventilator-dependent quadriplegic requests withdrawal of ventilator (WLST); (2) quadriplegic, who has regained spontaneous breathing and weaning from ventilator, requests lethal dose of medication (VAE).

Chapter 28

Table 28.1 VLBW and ELBW outcomes

Table 28.2 VLBW and ELBW babies

Chapter 33

Table 33.1 Conceptual rationales used to justify brain death as death itself

Table 33.2 Brain structure and function that continue after brain death

Table 33.3 Representative statements by physicians regarding brain death found in previous reports

Chapter 40

Table 40.1 Frequency of euthanasia, assisted suicide, and other end-of-life practices in the Netherlands in 1990, 1995, 2001, 2005, and 2010

Table 40.2 Frequencies of euthanasia or physician-assisted suicide, ending of life without explicit request, and intensified alleviation of symptoms in 2001, 2005 and 2010, according to patient characteristics

Table 40.3 Characteristics of euthanasia or physician-assisted suicide, ending of life without explicit request, and intensified alleviation of symptoms, in 2005 and 2010

Table 40.4 Characteristics of reported and unreported cases of euthanasia and physician-assisted suicide

Chapter 48

Table 48.1 Evaluating alternative methods of organ allocation

Chapter 50

Table 50.1 Money available for research each year

Chapter 67

Table 67.1 Characteristics of patients in South Africa with XDRTB

List of Illustrations

Chapter 19

Figure 19.1 The Normative Distribution of IQ scores within a large population. IQ scores are shown, and it can be seen that most of the population is of average intelligence, with few people having very low or very high intelligence. Clearly a single gene cannot provide this distribution.

Chapter 40

Figure 40.1 Weighted percentage (95% CI) of all deaths preceded by a granted or ungranted request for euthanasia or physicianassisted suicide A request can be ungranted for different reasons, among which a refusal of the physician, or the patient dying before the physician could decide on granting the request. There were 9965 deaths in 2005 and 6861 deaths in 2010. Absolute unweighted numbers: 252 granted requests and 251 ungranted for euthanasia in 2005; and 496 granted requests and 270 ungranted requests in 2010.

Chapter 57

Figure 57.1 Diagram for assessing researchers’ responsibility for ancillary care.

Chapter 67

Figure 67.1 Map of South Africa showing Tugela Ferry in the province of KwaZulu-Natal, the epicentre of South Africa’s HIV/AIDS epidemic

BLACKWELL PHILOSOPHY ANTHOLOGIES

Each volume in this outstanding series provides an authoritative and comprehensive collection of the essential primary readings from philosophy's main fields of study. Designed to complement the Blackwell Companions to Philosophy series, each volume represents an unparalleled resource in its own right, and will provide the ideal platform for course use.

1. Cottingham: Western Philosophy: An Anthology (second edition)

2. Cahoone: From Modernism to Postmodernism: An Anthology (expanded second edition)

3. LaFollette: Ethics in Practice: An Anthology (third edition)

4. Goodin and Pettit: Contemporary Political Philosophy: An Anthology (second edition)

5. Eze: African Philosophy: An Anthology

6. McNeill and Feldman: Continental Philosophy: An Anthology

7. Kim and Sosa: Metaphysics: An Anthology

8. Lycan and Prinz: Mind and Cognition: An Anthology (third edition)

9. Kuhse and Singer: Bioethics: An Anthology (second edition)

10. Cummins and Cummins: Minds, Brains, and Computers – The Foundations of Cognitive Science: An Anthology

11. Sosa, Kim, Fantl, and McGrath Epistemology: An Anthology (second edition)

12. Kearney and Rasmussen: Continental Aesthetics – Romanticism to Postmodernism: An Anthology

13. Martinich and Sosa: Analytic Philosophy: An Anthology

14. Jacquette: Philosophy of Logic: An Anthology

15. Jacquette: Philosophy of Mathematics: An Anthology

16. Harris, Pratt, and Waters: American Philosophies: An Anthology

17. Emmanuel and Goold: Modern Philosophy – From Descartes to Nietzsche: An Anthology

18. Scharff and Dusek: Philosophy of Technology – The Technological Condition: An Anthology

19. Light and Rolston: Environmental Ethics: An Anthology

20. Taliaferro and Griffiths: Philosophy of Religion: An Anthology

21. Lamarque and Olsen: Aesthetics and the Philosophy of Art – The Analytic Tradition: An Anthology

22. John and Lopes: Philosophy of Literature – Contemporary and Classic Readings: An Anthology

23. Cudd and Andreasen: Feminist Theory: A Philosophical Anthology

24. Carroll and Choi: Philosophy of Film and Motion Pictures: An Anthology

25. Lange: Philosophy of Science: An Anthology

26. Shafer-Landau and Cuneo: Foundations of Ethics: An Anthology

27. Curren: Philosophy of Education: An Anthology

28. Shafer-Landau: Ethical Theory: An Anthology

29. Cahn and Meskin: Aesthetics: A Comprehensive Anthology

30. McGrew, Alspector-Kelly and Allhoff: The Philosophy of Science: An Historical Anthology

31. May: Philosophy of Law: Classic and Contemporary Readings

32. Rosenberg and Arp: Philosophy of Biology: An Anthology

33. Kim, Korman, and Sosa: Metaphysics: An Anthology (second edition)

34. Martinich and Sosa: Analytic Philosophy: An Anthology (second edition)

35. Shafer-Landau: Ethical Theory: An Anthology (second edition)

36. Hetherington: Metaphysics and Epistemology: A Guided Anthology

37. Scharff and Dusek: Philosophy of Technology – The Technological Condition: An Anthology (second edition)

38. LaFollette: Ethics in Practice: An Anthology (fourth edition)

39. Davis: Contemporary Moral and Social Issues: An Introduction through Original Fiction, Discussion, and Readings

40. Kuhse, Schüklenk, and Singer: Bioethics: An Anthology (third edition)

Bioethics

An Anthology

THIRD EDITION

This third edition first published 2016

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Edition history: Blackwell Publishing Ltd (1e, 1999 and 2e, 2006)

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