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Paternalism is justified when it protects peoples ability to rationally consider and carry out their own decisions
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the interference of a state or individual with another person against their will and justified by the claim the person interfered with will be better off or protected from harm
-seatbels
-helmets
-cigarettes |
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Choice is valuable in itself |
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Condition for people as independent beings |
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defines trust as accepted vulnerability to another person’s possible but not expected ill will |
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Paternalism gives too much power to professionals, danger of abuse |
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healthy research subjects should be treated more like employees |
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What is it that’s distincevely valuable about persons is the ability to form second order desires
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| giftedness of life (appreciation of what you have) vs. drive to mastery |
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| result of over regulation; protect and increase trustworthiness of intuit ex: compliances, procedures, giving blood |
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| maximizes aggregate utility, what is best for everyone |
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| Greatest Happiness Principle |
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| actions are right in proportion as they tend to promote happiness; wrong as they tend to produce the reverse of happiness |
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only interfere with person’s liberty if they are going to hurt other people?
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| want to not want the drug |
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| will what you want to will |
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| People lacking second order desires |
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| real and necessary condition, genuine ideal for contracts |
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| artificial trust, mutual agreements, adults roughly equal non intimates, social conditions reinforce contract |
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| makes autonomy possible, but doesn't always guarantee independence |
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| individual decision making; making choices for yourself; reflective choice; expresses individuality |
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| living according to principles that could be agreed by all (Universal Law Theory-Kant and Rawls) doesn't require much individuality, are independent of preferences |
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| making your on principles or laws opposed to someone who has laws made for them |
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| main problem with informed consent, lack of knowledge causing lack of trust-best for you or best for doctor's pocketbook? |
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| policy is legitimized by being subject by being subject to democratic procedures (referendums, citizen forums/consultations, voting representatives, opinion polls) |
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| genetic data is unique in that ir gives info about others as wel as you |
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| policies/ moral implications |
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| information is not private; informed consent must be obtained for everyone involved |
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| brings about greater happiness; dignity/personhood |
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| contributes to wide open, robust debate; main point of free press and has potential to build press |
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| integrity view of autonomy |
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| value derives from capacity to express one's caracter in the life one leads--ideal: one actually exercises this capacity, life does express character--consistancy, coherence |
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| ifpatient is mid into late stages and expresses wanting to live contradicing 5 years prior wishes, do you treat illness-Dworkin says NO |
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| alzheimer patient does not have this |
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| alzheimers patient does have this (made prior to illness about demented self) |
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obligation to make decisions in the best interest of another
right to make decisions that affects whole life; consider a plan, live independently |
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| genetic performance enhancement is wrong |
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| drive to exercise control over nature and themselves |
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cognitive enhancement is not necessarily bad
Why?-enhancements improve lives |
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| concerns of cognitive enhancement |
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legitimate- safety risks, other kinds of fairness, coercion
illegitimate-cheating, fairness |
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| alzheimer's patients can generate critical intersts and have capacity for autonomy |
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| screening for disastrous disability is justified but screening for moderately severe disability is not |
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| having experience/knowledge of both higher (learning, reading) and lower (no thought required, instant gratification, short termed) pleasure |
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| O'Neill- justified by appeal to autonomy reasons-provides benefits--> how many children, options that technology gives us, how to space children, fewer unwanted children, no one's freedom is restricted |
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| not morally justified by appeal to autonomy because procreation creates a dependent well-being parents should reasonably be able to present and active for child; child's interest outweigh potential parent's autonomy |
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| enhancement of self expression through expanded reproductive options; right to privacy; dignity/self-expression (not just any choices) |
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| forrcing, everyone may act coercively/force people to do things; would there be an irrationally in the world where everyone adopted this principle; those who would be coerced cannot rationally Will this principle |
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| justice, beneficence (well beings of subjects), respect for people/persons |
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| DNA material can be planted, ignored, tampered with |
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| risk of information being sold |
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| diagnosing disease, identifying traits, insurance coverage: employers and families |
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| Robert Nozick, basic rights in virtue humanity; not to be harmed, private proberty, liberty |
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| democracy is a system of government requiring high degree of participation among citizens vs. democracy as a system of institutions-voting; most citizens benefit from unequal distribution of pollution and health burdens of a few so all responsible for change-requires popular consent |
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| BCA- Benefit Cost Analysis |
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| compare net benefits and costs to various interests of a proposed action as part of determining whether to adopt the action; problem of prediction and valuation |
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| regulatory approach where standards are set, usually requiring specific technology enforced onto industry; rigid, sets requirements; potentially more control over distribution |
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| cap is set on total emssions of pollutant factories are granted allowances for pollution-free to sell allowance; more flexibility of factories; can continue polluting (but must pay); risk that pollution will not be reduce in certain areas |
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deceived because they weren't told what they were being tested for and they were also told that they were being treated for "bad blood"
deception was justified because they were followig procedure and intending to provide beneficial knowledge for the future
harmed because of deception and betrayal |
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| parents should be able to genetically interfere in producing children because parents have great influence over shaping children through enviro. means already and this should be allowed |
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| "The Right to an Open Future" |
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| children have a right to develop capacities and skills for practical judgement, autonomous choice, choose between range of life plans |
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| desirable, bad but not impermissible |
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| focus on social policy (law) |
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| impermissible and illegal |
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| not that people have a right to be born; screening is justified if it would have been better not have been born |
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| factory pollutes, most children are born blind, is pollution moral? |
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