Zürcher, Tobias and Elger, Bernice and Trachsel, Manuel. (2019) The notion of free will and its ethical relevance for decision-making capacity. BMC medical ethics, 20 (1). p. 31.
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Official URL: https://edoc.unibas.ch/74274/
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Abstract
Obtaining informed consent from patients is a moral and legal duty and, thus, a key legitimation for medical treatment. The pivotal prerequisite for valid informed consent is decision-making capacity of the patient. Related to the question of whether and when consent should be morally and legally valid, there has been a long-lasting philosophical debate about freedom of will and the connection of freedom and responsibility.; The scholarly discussion on decision-making capacity and its clinical evaluation does not sufficiently take into account this fundamental debate. It is contended that the notion of free will must be reflected when evaluating decision-making capacity. Namely, it should be included as a part of the appreciation-criterion for decision-making capacity. The argumentation is mainly drawn on the compatibilism of Harry Frankfurt.; A solution is proposed which at the same time takes the notion of free will seriously and enriches the traditional understanding of decision-making capacity, strengthening its justificatory force while remaining clinically applicable.
Faculties and Departments: | 08 Cross-disciplinary Subjects > Ethik > Institut für Bio- und Medizinethik > Bio- und Medizinethik (Elger) 03 Faculty of Medicine > Departement Public Health > Ethik in der Medizin > Bio- und Medizinethik (Elger) |
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UniBasel Contributors: | Elger, Bernice Simone |
Item Type: | Article, refereed |
Article Subtype: | Research Article |
Publisher: | BioMed Central |
e-ISSN: | 1472-6939 |
Note: | Publication type according to Uni Basel Research Database: Journal article |
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Last Modified: | 21 Jan 2020 15:06 |
Deposited On: | 21 Jan 2020 15:06 |
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