Autonomy, Consent and the Law PDF Download

Author: Sheila A.M. McLean
Publisher: Routledge
ISBN: 1135219052
Category : Law
Languages : en
Pages : 244

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Book Description
The notion that consent based on the concept of autonomy, underpins a good or beneficent medical intervention is deeply rooted in the jurisprudence of most countries throughout the world. Autonomy, Consent and the Law examines these notions in the UK, Australia and the US, and critiques the way in which autonomy and consent are treated in bioethics and law.

Author: James Stacey Taylor
Publisher: Cambridge University Press
ISBN: 9781139442718
Category : Philosophy
Languages : en
Pages : 370

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Book Description
Autonomy has recently become one of the central concepts in contemporary moral philosophy and has generated much debate over its nature and value. This 2005 volume brings together essays that address the theoretical foundations of the concept of autonomy, as well as essays that investigate the relationship between autonomy and moral responsibility, freedom, political philosophy, and medical ethics. Written by some of the most prominent philosophers working in these areas, this book represents research on the nature and value of autonomy that will be essential reading for a broad swathe of philosophers as well as many psychologists.

Author: Marina Oshana
Publisher: Routledge
ISBN: 1351911953
Category : Philosophy
Languages : en
Pages : 210

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Book Description
People are socially situated amid complex relations with other people and are bound by interpersonal frameworks having significant influence upon their lives. These facts have implications for their autonomy. Challenging many of the currently accepted conceptions of autonomy and of how autonomy is valued, Oshana develops a 'social-relational' account of autonomy, or self-governance, as a condition of persons that is largely constituted by a person’s relations with other people and by the absence of certain social relations. She denies that command over one's motives and the freedom to realize one's will are sufficient to secure the kind of command over one's life that autonomy requires, and argues against psychological, procedural, and content neutral accounts of autonomy. Oshana embraces the idea that her account is 'perfectionist' in a sense, and argues that ultimately our commitment to autonomy is defeasible, but she maintains that a social-relational account best captures what we value about autonomy and best serves the various ends for which the concept of autonomy is employed.

Author: Catriona Mackenzie
Publisher: Oxford University Press
ISBN: 0195352602
Category : Philosophy
Languages : en
Pages : 327

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Book Description
This collection of original essays explores the social and relational dimensions of individual autonomy. Rejecting the feminist charge that autonomy is inherently masculinist, the contributors draw on feminist critiques of autonomy to challenge and enrich contemporary philosophical debates about agency, identity, and moral responsibility. The essays analyze the complex ways in which oppression can impair an agent's capacity for autonomy, and investigate connections, neglected by standard accounts, between autonomy and other aspects of the agent, including self-conception, self-worth, memory, and the imagination.

Author: Ken Gemes
Publisher: Oxford University Press, USA
ISBN: 0199231567
Category : Language Arts & Disciplines
Languages : en
Pages : 293

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Book Description
Nietzsche is a central figure in our modern understanding of the individual as freely determining his or her own values. These essays by leading Nietzsche scholars investigate what this freedom really means: How free are we really? What does it take to be free? It might be a 'right', but it also needs to be earned.

Author: Martin Weichold
Publisher: Taylor & Francis
ISBN: 104012075X
Category : Philosophy
Languages : en
Pages : 306

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Book Description
This book advances a new theory of what it means to be an autonomous individual with free will and an authentic self. It synthesizes the new “action turn” from 4E cognitive science with the new “practice turn” from the social sciences to develop a new perspective on our self-interpretation as autonomous individuals. Our entire life is built upon one central foundation: the idea that we human beings are autonomous individuals. While this idea is presupposed in some academic fields, such as law and moral philosophy, it is challenged or denied in others. This book aims to move beyond debates about whether free will exists. Instead, it proposes that the idea that human beings are autonomous individuals is a culturally developed self-interpretation that is permanently enacted in social practices. Parts of it describe biological reality correctly, parts are social reality, and parts are mere fictions. This view – which the author calls "praxeological enactivism" – combines work from enactive cognitive science with practice theory from the social sciences. The book concludes by discussing the ethical advantages and dangers of the idea of the autonomous individual. The Autonomous Individual will appeal to philosophers working on free will and autonomy, moral philosophy, and philosophy of social sciences, as well as scholars and advanced students in disciplines such as cognitive science, sociology, cultural theory, and philosophical anthropology.

Author: Jonathan Pugh
Publisher: Oxford University Press
ISBN: 0198858582
Category : Law
Languages : en
Pages : 298

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Book Description
Personal autonomy is often lauded as a key value in contemporary Western bioethics, and the claim that there is an important relationship between autonomy and rationality is often treated as an uncontroversial claim in this sphere. Yet, there is also considerable disagreement about how we should cash out the relationship between rationality and autonomy. In particular, it is unclear whether a rationalist view of autonomy can be compatible with legal judgments that enshrine a patient's right to refuse medical treatment, regardless of whether ". . . the reasons for making the choice are rational, irrational, unknown or even non-existent". In this book, I bring recent philosophical work on the nature of rationality to bear on the question of how we should understand autonomy in contemporary bioethics. In doing so, I develop a new framework for thinking about the concept, one that is grounded in an understanding of the different roles that rational beliefs and rational desires have to play in personal autonomy. Furthermore, the account outlined here allows for a deeper understanding of different form of controlling influence, and the relationship between our freedom to act, and our capacity to decide autonomously. I contrast my rationalist with other prominent accounts of autonomy in bioethics, and outline the revisionary implications it has for various practical questions in bioethics in which autonomy is a salient concern, including questions about the nature of informed consent and decision-making capacity.

Author: Gerald Dworkin
Publisher: Cambridge University Press
ISBN: 1316583376
Category : Philosophy
Languages : en
Pages : 190

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Book Description
This important new book develops a new concept of autonomy. The notion of autonomy has emerged as central to contemporary moral and political philosophy, particularly in the area of applied ethics. professor Dworkin examines the nature and value of autonomy and uses the concept to analyse various practical moral issues such as proxy consent in the medical context, paternalism, and entrapment by law enforcement officials.

Author: Valery I. Chirkov
Publisher: Springer Science & Business Media
ISBN: 9048196671
Category : Psychology
Languages : en
Pages : 291

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Book Description
This volume presents the reader with a stimulating tapestry of essays exploring the nature of personal autonomy, self-determination, and agency, and their role in human optimal functioning at multiple levels of analysis from personal to societal and cross-cultural. The starting point for these explorations is self-determination theory, an integrated theory of human motivation and healthy development which has been under development for more than three decades (Deci & Ryan, 2000). As the contributions will make clear, psychological autonomy is a concept that forms the bridge between the dependence of human behavior on biological and socio-cultural determinants on the one side, and people’s ability to be free, reflective, and transforming agents who can challenge these dependencies, on the other. The authors within this volume share a vision that human autonomy is a fundamental pre-condition for both individuals and groups to thrive, and that without understanding the nature and mechanisms of autonomous agency vital social and human problems cannot be satisfactory addressed. This multidisciplinary team of researchers will collectively explore the nature of personal autonomy, considering its developmental origins, its expression within relationships, its importance within groups and organizational functioning, and its role in promoting to the democratic and economic development of societies. The book is aimed toward developmental, social, personality, and cross-cultural psychologists, towards researchers and practitioners’ in the areas of education, health and medicine, social work and, economics, and also towards all interested in creating a more sustainable and just world society through promoting individual freedom and agency. This volume will provide a theoretical and conceptual account of the nature and psychological mechanisms of personal motivational autonomy and human agency; rich multidisciplinary empirical evidence supporting the claims and propositions about the nature of human autonomy and capacities for self-regulation; explanations of how and why different psychological and socio-cultural conditions may play a role in promoting or undermining people’s autonomous motivation and well-being, discussions of how the promotion of human autonomy can positively influence environmental protection, democracy promotion and economic prosperity.

Author: Thomas E. Hill, Jr
Publisher: Cambridge University Press
ISBN: 1316583511
Category : Philosophy
Languages : en
Pages : 230

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Book Description
This stimulating collection of essays in ethics eschews the simple exposition and refinement of abstract theories. Rather, the author focuses on everyday moral issues, often neglected by philosophers, and explores the deeper theoretical questions which they raise. Such issues are: is it wrong to tell a lie to protect someone from a painful truth? Should one commit a lesser evil to prevent another from doing something worse? Can one be both autonomous and compassionate? Other topics discussed are servility, weakness of will, suicide, obligations to oneself, snobbery, and environmental concerns. A feature of the collection is the contrast of Kantian and utilitarian answers to these problems. The essays are crisply and lucidly written and will appeal to both teachers and students of philosophy.