scholarly journals Autonomy and the Folk Concept of Valid Consent

2021 ◽  
Author(s):  
Joanna Demaree-Cotton ◽  
Roseanna Sommers
Keyword(s):  
Folk Concept ◽  
Valid Consent

scholarly journals Autonomy and the Folk Concept of Valid Consent

2021 ◽  
Author(s):  
Joanna Demaree-Cotton ◽  
Roseanna Sommers
Keyword(s):  
Decision Making ◽  
Moral Reasoning ◽  
Social Interactions ◽  
General Concept ◽  
Third Parties ◽  
Moral Rights ◽  
Ordinary People ◽  
Folk Concept ◽  
Autonomous Decision ◽  
Valid Consent

Consent governs innumerable everyday social interactions, including sex, medical exams, the use of property, and economic transactions. Yet little is known about how ordinary people reason about the validity of consent. Across the domains of sex, medicine, and police entry, Study 1 showed that when agents lack autonomous decision-making capacities, participants are less likely to view their consent as valid; however, failing to exercise this capacity and deciding in a nonautonomous way did not reduce consent judgments. Study 2 found that specific and concrete incapacities reduced judgments of valid consent, but failing to exercise these specific capacities did not, even when the consenter makes an irrational and inauthentic decision. Finally, Study 3 showed that the effect of autonomy on judgments of valid consent carries important downstream consequences for moral reasoning about the rights and obligations of third parties, even when the consented-to action is morally wrong. Overall, these findings suggest that laypeople embrace a normative, domain-general concept of valid consent that depends on the possession of autonomous capacities, but not the exercise of these capacities. Autonomous decisions and autonomous capacities thus play divergent roles in moral reasoning about consent interactions: while the former appears relevant for assessing the wrongfulness of consented-to acts, the latter plays a role in whether consent is regarded as authoritative and therefore as transforming moral rights.

scholarly journals Gender dysphoria in adolescents: can adolescents or parents give valid consent to puberty blockers?

2021 ◽  
pp. medethics-2020-106999
Author(s):  
Simona Giordano ◽  
Fae Garland ◽  
Soren Holm
Keyword(s):  
Gender Dysphoria ◽  
Pubertal Development ◽  
Hormonal Treatment ◽  
Conveyor Belt ◽  
Decision Makers ◽  
Healthcare Settings ◽  
Gender Diverse ◽  
Valid Consent ◽  
Diverse Youth

This article considers the claim that gender diverse minors and their families should not be able to consent to hormonal treatment for gender dysphoria. The claim refers particularly to hormonal treatment with so-called ‘blockers’, analogues that suspend temporarily pubertal development. We discuss particularly four reasons why consent may be deemed invalid in these cases: (1) the decision is too complex; (2) the decision-makers are too emotionally involved; (3) the decision-makers are on a ‘conveyor belt’; (4) the possibility of detransitioning. We examine each of these reasons and we show that none of these stand up to scrutiny, and that some are based on a misunderstanding of the nature and purposes of this stage of treatment and of the circumstances in which it is usually prescribed. Moreover, accepting these claims at face value could have serious negative implications, not just for gender diverse youth, but for many other minors and families and in a much broader range of healthcare settings.

scholarly journals Conditional Consent

2021 ◽  
Author(s):  
Karamvir Chadha
Keyword(s):  
Sexual Intercourse ◽  
Moral Claim ◽  
Valid Consent ◽  
English Law

AbstractThere are two distinct ways for someone to place conditions on their morally valid consent. The first is to place conditions on the moral scope of their consent—whereby they waive some moral claim rights but not others. The second is to conditionally token consent—whereby the condition affects whether they waive any moral claim rights at all. Understanding this distinction helps make progress with debates about so-called “conditional consent” to sexual intercourse in English law, and with understanding how individuals place conditions on their morally valid consent in other contexts.

Obtaining valid consent

2006 ◽  
Vol 32 (4) ◽  
pp. 259-260
Author(s):  
Eva Jungmann
Keyword(s):  
Valid Consent

Family coercion and valid consent

1986 ◽  
Vol 7 (2) ◽  
pp. 123-126 ◽  
Author(s):  
Stephen D. Mallary ◽  
Bernard Gert ◽  
Charles M. Culver
Keyword(s):  
Valid Consent

What makes a life meaningful? Folk intuitions about the content and shape of meaningful lives.

2021 ◽  
Author(s):  
Joffrey Fuhrer ◽  
Florian Cova
Keyword(s):  
Philosophical Literature ◽  
Folk Concept ◽  
Meaningful Life ◽  
Third Person ◽  
Folk Intuitions ◽  
Susan Wolf ◽  
Meaningful Lives

It is often assumed that most people want their life to be “meaningful”. But what exactly does this mean? Though numerous researches have documented which factors lead people to experience their life as meaningful and people’s conceptions about the best ways to secure a meaningful life, investigations in people’s concept of meaningful life are scarce. In this paper, we investigate the folk concept of a meaningful life by studying people’s third-person attribution of meaningfulness. We draw on hypotheses from the philosophical literature, and notably on the work of Susan Wolf (Study 1) and Antti Kauppinen (Study 2). In Study 1, we find that individuals who are successful, competent, and engaged in valuable and important goals are considered to have more meaningful lives. In Study 2, we find that the meaningfulness of a life did not depend only on its components, but also on the order in which these elements were ordered to form a coherent whole (the “narrative shape” of this life). Additionally, our results stress the importance of morality in participants’ assessments of meaningfulness. Overall, our results highlight the fruitfulness of drawing on the philosophical literature to investigate the folk concept of meaningful life.

scholarly journals Legal Aspects in Obstetric Anesthesia

2016 ◽  
Vol 10 (2) ◽  
pp. 3-9
Author(s):  
S Chattopadhyay ◽  
A Rudra ◽  
M Ray ◽  
S Sengupta ◽  
S Goswami
Keyword(s):  
High Risk ◽  
General Anesthesia ◽  
Obstetric Anesthesia ◽  
Legal Aspects ◽  
Routine Practice ◽  
Good Doctor ◽  
Surgical Safety ◽  
Valid Consent ◽  
Headache Pain ◽  
Time Of Admission

Obstetric anesthesia is a particularly high-risk sub-specialty of anesthesia and may lead to serious morbidities and even mortality. Good doctor-patient relation from the time of admission till discharge is the most important factor to avert future litigations. Any procedure done or planned should be clearly documented. Documentation should start with a valid consent in the patient’s own language, and have all three components of voluntariness, capacity and knowledge. A ‘Surgical Safety’ checklist is particularly helpful in documentation and decreasing errors. Safety of the mother (and her child) is paramount. Both regional as well as general anesthesia, either inadvertently or if not administered properly may be associated with morbidities like headache, pain and emotional distress. However, deaths do occur and general anesthesia is associated with care should be routine practice and inculcated by everyone involved in patient care.

Consent in elective joint replacement surgery: are we doing enough?

Clinical Risk ◽  
2007 ◽  
Vol 13 (4) ◽  
pp. 131-132
Author(s):  
Atif Waheed ◽  
Kamran Ahmed ◽  
Sameh Ansara ◽  
Shivanand S Geeranavar
Keyword(s):  
Joint Replacement ◽  
Best Practice ◽  
Good Practice ◽  
Limited Extent ◽  
Joint Replacement Surgery ◽  
Replacement Surgery ◽  
Written Information ◽  
National Guidance ◽  
Valid Consent ◽  
British Orthopaedic Association

A substantial number of clinical negligence claims arise from a failure to adequately advise patients prior to surgery. It is important for surgeons at all levels to maintain good practice in obtaining consent and to recognize that the standards against which they are judged in litigation have changed in recent years. Consent is a process rather than an event and evidence of valid consent includes the surgeon's letters, oral and written information given to the patient and, to a limited extent, the consent form. We retrospectively audited the documentation relating to consent in the case notes of 50 patients undergoing elective joint replacement surgery between August 2004 and March 2005, and found that documentation was generally inadequate. We recommend that there should be national guidance on complications for standard elective joint replacement procedures. This could be incorporated into the best practice guidance on joint replacement surgery published by the British Orthopaedic Association.

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