Week 16: Basic Principle: Fulfilling duties towards self or other persons
Analysis of Bioethical issues = an ethics of duty or obligation
Pluralists = many duties/ W. D. Ross, duties of: - Ethics- refers to the identification, study, and resolution or - non-malificence: do not harm mitigation of conflicts among competing values or goals. - beneficence: do good, benefit - The ethical question is, “What should we do, all things - justice: treat equals equally considered?” The “bio” puts the ethical question into a particular context. - add autonomy: respect individuals - Bioethics is commonly understood to refer to the ethical - fidelity: be faithful implications and applications of the health-related life - reparation: return good for good sciences. - gratitude - self-improvement Bioethics is concerned with questions about basic human - Kant’s version: Reason reveals our duty values such as the rights to life and health, and the rightness - Categorical Imperative (required) or wrongness of certain developments in healthcare institutions, life technology, medicine, the health professions - Can the action be universalized? and about society's responsibility for the life and health of its - Does the action treat people as ends, not just means? members. - Ross’s Version: Common sense intuition reveals our - BIOETHICAL ISSUES - Areas of health sciences that are the - prima facie duties (Clear) subject for bioethical analysis - Duty of non-injury has priority - Other duties: fidelity, reparation, gratitude, beneficence, Bioethical Issues justice, self-improvement - Euthanasia/Mercy-killing– the practice of ending a life, on - Ethical position claiming that the rightness or wrongness of grounds of humane-mess, to relieve pain and suffering actions depends on whether they correspond to our duty or - Organ Transplants- Lawful / legal not. - “Natural law prohibits that a human cadaver be treated - Duty or obligation is binding even though a moral action merely like a commodity or like an animals” (Pius XII - may be different or result in painful consequences 1956) - Certitude of death is an important ethical question to be Strengths of Deontologism: considered in transplants. Emphasizes respect for every human. - Abortion– an operation or other intervention to end a Provides certainty pregnancy by removing an embryo or fetus from the womb. Weaknesses of Deontologism: Hard to handle exceptions Abortion under the law Hard to solve conflicting rules - Abortion is allowed only for medical reasons in very Allows acts that create many bad consequences exceptional circumstances - WHO Chronicle of 1976 : Legalism - A strict, literal, or excessive conformity to a religious or - When mother is authorized to safeguard her physical moral code. and mental health - The legalist tradition derives from the principle that the best - When the pregnancy is the consequence of rape or way to control human society is through written law rather incest. than through ritual, custom or ethics. - When Chromosomal abnormalities are diagnosed through amniocentesis Teleological Method - When the parents are mentally deficient. - Teleology, from the Greek word telos, meaning “purpose” or “end,” is the study of goals, ends, purposes, and Family planning & Reproductive health destinies–if they exist. the use of birth control methods to choose the number - Humans and other organisms have purposes and goals that and timing of children born into a family. drive their behavior. - Contraception - the voluntary prevention of conception - An ethical theory that teaches an action if it is right or by the positive use of artificial means. wrong depending on the consequences or outcome of a - Morality of Contraception: situation. - Church rejects any artificial intervention to conception - any conjugal act must be open to the transmission of life Deontological Teleological - Human life begins at the moment of conception. Rules-based view of ethics Consequences-based view Genetic Science & Bioengineering – the use of of ethics engineering principles and techniques to solve medical Goodness or badness is Goods or badness is problems determined by the action determined by the results - e.g. in the design of artificial limbs or in organ or outcomes replacement The only behaviour that Can justify the behaviour can be considered ethical as ethical if it produces Ethical Method is the one that has good greatest good for the - draws upon ethical theory to apply, to evolve ethical codes will behind it greatest number into useful and relevant guidelines to which the standards Utilitarianism theory of validity, relevance, and comparability may be applied. - The doctrine that an action is right insofar as it promotes Deontology happiness, and that the greatest happiness of the greatest - Derived from the greek word “deon” meaning “duty” number should be the guiding principle of conduct. - Deontology is a category of normative ethical theories that - The Utilitarian theory suggests that it is morally right to seek encompasses any theory which is primarily concerned with the greatest good for the greatest number of people. adherence to certain rules or duties. - John Stuart Mill - Principle of Utility, also known as Greatest Happiness - Personalism is an intellectual stance that emphasizes the Principle importance of human persons. Various conceptualizations - An action is right to the extent that it increases the total have been explored, so personalism exists in many different happiness of the affected parties versions, and this makes it somewhat difficult to define as a - An action is wrong to the extent that it decreases the total philosophical and theological movement. (Friedrich happiness of the affected parties Schleiermacher ) - Happiness may have many definitions such as: advantage, - Prudential personalism judges the rightness or wrongness benefit, good, or pleasure of an action in terms of: - simply obeying the law. Proportionalism - how it contributes in its context to the growth of - is an ethical theory that lies between consequential theories persons in community. and deontological theories. - the situation of the action. - Consequential theories, like utilitarianism, say that an action is right or wrong, depending on the consequences it Legal Positivism produces, but deontological theories, such as Immanuel - The belief in postulated code of conduct based upon social Kant's categorical imperative, say that actions are either facts, adopted by authorized institutions, and used as an intrinsically right or intrinsically wrong. instrument of control for the people of a state. - According to John Austin, legal positivism is defined as the (Article) existence and content of law depends on social facts and The principle of Proportionality: An Ethical Approach to not on its merits. Resource Allocation During the COVID-19 Pandemic - Positivism is from the Latin root positus, which means to By Kate Jackson-Meyer, Ph.D. posit, postulate, or firmly affix the existence of something. Policy makers, hospitals, and health care professionals are - Legal positivism is a school of jurisprudence whose facing, or are likely to face, excruciating ethical decisions advocates believe that the only legitimate sources of law about resource allocation and risk calculation due to the are those written rules, regulations, and principles that have COVID-19 pandemic and medical supply shortage. been expressly enacted, adopted, or recognized by a Emphasizing the principle of proportionality in resource governmental entity or political institution, including allocation can help to correct for the shortcomings and administrative, executive, legislative, and judicial bodies. limits of the maximizing approach, which is the dominant approach being put forward. Values of Medical Technologist A limited number of life-saving ventilators means that - Inherent Personal Value - motivates a person to choose decisions will have to be made about who receives what is good for oneself, and becomes the basis for one’s ventilators and who does not. Due to limited availability of interest in doing what’s right. masks and personal protective equipment, health care - Personal Values- developed from life experiences. workers take on risks of virus transmission when they treat - A medical technologist is accountable to the patient, to the COVID-19 patients or suspected COVID-19 patients. As a attending physician and to the community, in general. result, hospitals must decide how much risk is appropriate - The medical technologist has the responsibility to provide for health workers to assume in the pursuit of saving lives. accurate and reliable test results. And, a limited supply of face masks has led to conflicting - Integrity in the laboratory management is needed in information and confusion about whether the public should providing quality assurance. wear face masks. - The medical technologist reviews records in compliance I suggest that the principle of proportionality is an with clinical guidelines in specimen collection, diagnostic important addition for decision-making in these kinds of essay and data collection. situations. The principles put forward by the institute of - The obligation to protect the confidentiality of all laboratory Medicine’s Crisis Standard of Care- fairness, duty to care, test results and patient information is a sign of respect to duty to steward resources, transparency, consistency, the right of patient for privacy. proportionality, and accountability- and the principle of bioethics- autonomy, beneficence, non-maleficence, and End of lecture / Summary justice- are important to include in ethics decisions, but - Bioethics is commonly understood to refer to the ethical each one alone presents little guidance for how to weigh or implications and applications of the health-related life balance principles or how to account for harm. sciences. Emotivism - BIOETHICAL ISSUES - Areas of health sciences that are the is a meta-ethical view that claims that ethical sentences do subject for bioethical analysis not express propositions but emotional attitudes. - Ethical Methods / Theories - A moral theory that suggests that when we say something is - Values of Medical Technologist wrong, we are merely expressing an emotional reaction to a certain set of events or facts. - Emotivism is a theory that claims that moral language or judgments: 1. are neither true or false; 2. express our emotions; and 3. try to influence others to agree with us. To better understand emotivism, consider the following statements: Prudential Personalism - An ethical approach that recognizes that human nature is embodied in each individual in a unique manner and, as such, the role of free will and intelligence in decision making is a personal right.