Informed Consent, Proxy Consent, and Catholic Bioethics [electronic resource] : For the Good of the Subject /
Mazur, O.P., Grzegorz.author.
This work offers a comprehensive understanding rooted in Catholic anthropology and moral theory of the meaning and limits of informed and proxy consent to experimentation on human subjects. In particular, it seeks to articulate the rationale for proxy consent in both therapeutic and nontherapeutic settings. As to the former, the book proposes that the Golden Rule, recognizing the basic inclinations of human nature toward objective goods perfective of human persons, should underpin the notion of proxy consent to experimentation on humans. As to the latter, an additional scrutiny of the amount of risk involved is necessary, since the risk-benefit ratio frequently invoked to justify higher-risk therapeutic research does not exist in its nontherapeutic counterpart. This study discusses a number of possible solutions to this question and develops a position that builds upon the objective notion of the human good.
Description based upon print version of record.
Foreword; Introduction; Contents; Abbreviations; 1 The Historical Development of the Principle of Free and Informed Consent; 1.1 Debate on the Origin of the Principle of Free and Informed Consent in Medical and Research Practices; 1.2 The Roots of the Principle of Free and Informed Consent in the Catholic Tradition Prior to World War II; 1.2.1 An Early Claim for Free and Informed Consent; 1.2.2 The Principle of Superiority of Persons over the Interests of Science and Society; 2 The Articulation of the Principle of Free and Informed Consent in Human-Rights Documents; 2.1 The Nuremberg Code
2.1.1 Historical and Ethical Background of the Nuremberg Code2.1.2 Content of the Nuremberg Code; 2.1.3 Influence of the Nuremberg Code on International and U.S. Regulations; 2.2 Declaration of Helsinki; 2.2.1 Helsinki I; 2.2.2 Helsinki II; 2.2.3 Helsinki III, IV and V; 2.2.4 Helsinki VIand Notes of Clarification; 2.3 CIOMS/WHO International Ethical Guidelines for Biomedical Research Involving Human Subjects; 2.3.1 Brief Historical and Cultural Introduction to the Guidelines; 2.3.2 Content of the Guidelines; 2.3.2.1 Competence of the Subject; 2.3.2.2 Disclosure of ""Necessary Information""
2.3.2.3 Understanding on the Part of the Subject2.3.2.4 Free Decision; 2.4 The Belmont Report; 2.4.1 Belmont's Origins; 2.4.2 Belmont's Three Principles; 2.4.2.1 The Principle of Respect for Persons; 2.4.2.2 The Principle of Beneficence; 2.4.2.3 The Principle of Justice; 2.4.3 Informed Consent and the Three Principles; 2.5 Conclusion; 3 The Major Current Interpretations of the Principle of Free and Informed Consent; 3.1 Relevant Magisterial Teaching; 3.1.1 Charter for Health Care Workers; 3.1.2 The Ethical and Religious Directives for Catholic Health Care Services; 3.1.3 Conclusion
3.2 Relevant Philosophical and Theological Approaches3.2.1 Paul Ramsey; 3.2.2 Edmund Pellegrino and David C.Thomasma; 3.2.3 Ruth Faden, Tom Beauchamp, and James F.Childress; 3.2.4 Germain Grisez; 3.3 Exceptions to Free and Informed Consent; 4 Introduction to the Issue of Proxy Consent; 5 Standards for Proxy Consent in the Therapeutic Situation; 5.1 Standards for Proxy Decision Making; 5.1.1 The Substituted Judgment Standard (SJS); 5.1.1.1 Legal Approach; 5.1.1.2 Ethical Approach; 5.1.1.3 Medical Approach; 5.1.2 The Pure Autonomy Standard (PAS); 5.1.3 The Best Interests Standard (BIS)
5.2 Major Issues6 Critique of Proxy Consent Standards; 6.1 Status of the Principle of Autonomy; 6.2 Autonomy as Pure Self-Determination; 6.2.1 Anthropological Consequences; 6.2.2 Autonomy and the Theory of the Good; 6.2.3 Autonomy and Intrinsic Goodness; 6.3 Autonomy vs. Beneficence; 7 The Golden Rule and Proxy Decision Making; 7.1 In Search of a Rationale; 7.2 Golden Rule, Reason and Virtue; 7.3 The Golden Rule, Friendship, and Christian Revelation; 8 Preliminary Considerations on Proxy Consent in the Nontherapeutic Situation; 8.1 Nontherapeutic Research and Basic Research Taxonomy
8.1.1 Basic vs. Clinical Research
Includes bibliographical references and index.
This work offers a comprehensive understanding rooted in Catholic anthropology and moral theory of the meaning and limits of informed and proxy consent to experimentation on human subjects. In particular, it seeks to articulate the rationale for proxy consent in both therapeutic and nontherapeutic settings. As to the former, the book proposes that the Golden Rule, recognizing the basic inclinations of human nature toward objective goods perfective of human persons, should underpin the notion of proxy consent to experimentation on humans. As to the latter, an additional scrutiny of the amount of risk involved is necessary, since the risk-benefit ratio frequently invoked to justify higher-risk therapeutic research does not exist in its nontherapeutic counterpart. This study discusses a number of possible solutions to this question and develops a position that builds upon the objective notion of the human good.
Medical ethics.
Ethics.
Medical laws and legislation.
Conflict of laws.
Theory of Medicine/Bioethics.
Ethics.
Medical Law.
Private International Law, International & Foreign Law, Comparative Law .
Philosophy and medicine