Law, Bioethics, and Human Rights - Part II
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Questions and Answers

Which principle emphasizes that any intervention on life is only justified if it aims to cure the individual?

  • The principle of intangibility
  • The principle of freedom and responsibility
  • The principle of sociality
  • The therapeutic principle (correct)

What is a significant objection to the personalism theory as stated?

  • It allows too much freedom in defining personhood.
  • It restricts individual autonomy in favor of societal norms. (correct)
  • It does not allow for any religious perspective.
  • It identifies personalism too closely with human uniqueness.

According to one viewpoint, when does a genetically human being become a person?

  • At a later stage of development (correct)
  • At any point if recognized by society
  • At birth
  • At the moment of fertilization

What does the principle of sociality emphasize?

<p>The common good can only be achieved through individual well-being. (C)</p> Signup and view all the answers

In the functionalist conception, how is personal subjectivity defined?

<p>By both the presence and duration of functions (D)</p> Signup and view all the answers

Which belief contrasts the intrinsic identity between person and human being?

<p>That human beings may not fulfill the criteria of personhood. (C)</p> Signup and view all the answers

What element is considered an objective limit for personal freedom according to the principles outlined?

<p>Respect for the life of others (B)</p> Signup and view all the answers

What term refers to the idea that human life is valued under specific conditions rather than inherently?

<p>Conditional sanctity of life (B)</p> Signup and view all the answers

What does the Liberal-libertarian Theory primarily assume?

<p>Subjective ethical views must be accepted and tolerated. (B)</p> Signup and view all the answers

According to the Liberal-libertarian Theory, how can bioethical controversies be resolved?

<p>By negotiating within moral communities. (D)</p> Signup and view all the answers

What is a significant characteristic of pluralism in contemporary philosophical thought?

<p>It recognizes a variety of moral positions. (A)</p> Signup and view all the answers

What role do 'moral communities' play according to the Liberal-libertarian perspective?

<p>They establish bonds for negotiating ethical issues. (B)</p> Signup and view all the answers

Which of the following theories is NOT mentioned as one of the most widespread theories in bioethics?

<p>Deontological Theory (A)</p> Signup and view all the answers

Which principle is integral to resolving bioethical conflicts according to Liberal-libertarian Theory?

<p>Informed consent (C)</p> Signup and view all the answers

What is the view of the Liberal-libertarian Theory toward efforts for unifying moral values?

<p>They distort individual ethical beliefs. (D)</p> Signup and view all the answers

In the context of bioethics, what does pluralism advocate for concerning moral positions?

<p>Respect for diverse moral perspectives. (D)</p> Signup and view all the answers

According to personalist theory, what is the intrinsic quality recognized in every human being?

<p>Intrinsic dignity (D)</p> Signup and view all the answers

What does personalism assert about individuals who are in a coma or brain-damaged?

<p>They are still considered people (B)</p> Signup and view all the answers

What does the personalist theory argue about the relationship between a person and their functions?

<p>The existence of a subject presupposes the possibility of functions (B)</p> Signup and view all the answers

How does personalist theory perceive the unborn, such as embryos and fetuses?

<p>As people, despite not fully exhibiting all properties (C)</p> Signup and view all the answers

What is a critical mistake of other theories regarding personhood according to personalism?

<p>Separating person from human being (C)</p> Signup and view all the answers

What does personalism focus on in the context of bioethics and human rights?

<p>The respect for human life (B)</p> Signup and view all the answers

What does personalism argue is the nature of the human body in relation to the person?

<p>They are inseparably interconnected (A)</p> Signup and view all the answers

What concept does personalism challenge regarding abstract qualities?

<p>They are irrelevant to a person's identity (D)</p> Signup and view all the answers

What does biolaw primarily aim to address?

<p>Providing legal regulations for biomedical activity (A)</p> Signup and view all the answers

What is a significant reason for the delay in biolaw development?

<p>The slow and rigid law-making procedures (D)</p> Signup and view all the answers

Which model of biolaw advocates for minimal legal intervention?

<p>The libertarian model (D)</p> Signup and view all the answers

How does the libertarian model view laws in the context of bioethics?

<p>As potential oppression and interference with personal choices (B)</p> Signup and view all the answers

What is the primary criterion for evaluating moral statements in utilitarian theory?

<p>The consequences produced by an action (D)</p> Signup and view all the answers

Which of the following is NOT a factor increasing the risk of obsolescence in biolaw?

<p>The quick response of legislative bodies (B)</p> Signup and view all the answers

According to the Theory of Value, how is value identified?

<p>By the pleasure produced and pain experienced (D)</p> Signup and view all the answers

What does biolaw seek to guarantee for social life?

<p>A balance between individual freedoms and social order (D)</p> Signup and view all the answers

What does the Theory of Preferences associate value with?

<p>The satisfaction and realization of a desire (C)</p> Signup and view all the answers

Which characteristic defines the relationship between techno-science and biolaw?

<p>The rapid development of techno-science outpaces biolaw (C)</p> Signup and view all the answers

What does utilitarian theory suggest about the moral status of embryos?

<p>They are not subjects or persons due to lack of sentience (A)</p> Signup and view all the answers

In the context of biolaw, what do individuals prioritize according to the libertarian model?

<p>The right to make personal moral choices without external imposition (B)</p> Signup and view all the answers

How does utilitarian theory evaluate a life that is filled with suffering?

<p>It is regarded as 'not worth living' (D)</p> Signup and view all the answers

What is the highest level of subjectivity in utilitarian theory?

<p>The individual's autonomous decision (B)</p> Signup and view all the answers

In utilitarian terms, how is the duty concerning suffering life described?

<p>As a duty to suppress suffering life (C)</p> Signup and view all the answers

Which statement best reflects the utilitarian perspective on preferences and interests?

<p>They should be weighted against potential damage (C)</p> Signup and view all the answers

According to libertarian bioethics, what is the basis for moral authority?

<p>Agreement between individuals or moral communities. (C)</p> Signup and view all the answers

What is the primary role of the principle of autonomy in libertarian bioethics?

<p>To determine the rights of individuals in healthcare decision-making. (B)</p> Signup and view all the answers

What does the principle of beneficence encourage in libertarian bioethics?

<p>Acting compassionately towards those who cannot consent. (B)</p> Signup and view all the answers

In libertarian bioethics, what is the status of individuals who cannot express their own consent?

<p>They are considered persons in a broader sense, but not full moral agents. (D)</p> Signup and view all the answers

What are the potential consequences of the libertarian bioethics view towards individuals who cannot express their consent?

<p>The possibility of these individuals being seen as objects of beneficence, potentially subject to sacrifice for other goals. (B)</p> Signup and view all the answers

What is a major criticism of libertarian bioethics in its treatment of individuals who cannot express consent?

<p>It does not provide adequate protection for vulnerable individuals. (D)</p> Signup and view all the answers

Which of the following best describes the libertarian bioethics perspective on the moral status of embryos, fetuses, and the seriously disabled?

<p>They have a limited moral status determined by the consent of moral agents. (D)</p> Signup and view all the answers

Which of the following best reflects the primary difference between the principle of autonomy and the principle of beneficence in libertarian bioethics?

<p>Autonomy emphasizes the rights and choices of moral agents, while beneficence emphasizes the well-being of those who cannot consent. (B)</p> Signup and view all the answers

Flashcards

Principle of Autonomy

This principle emphasizes individual autonomy and the ability to consent, setting boundaries between individuals and moral communities.

Principle of Beneficence

Concerned with identifying and prioritizing what is good, promoting a benevolent and compassionate attitude towards all individuals, even those outside moral communities.

Moral Agent

A person who possesses the capacity for rationality, self-determination, and consent. Able to make their own moral choices and agreements.

People in a 'Broad Sense'

Individuals who lack the ability to exercise freedom or consent either due to age, disability, or congenital conditions. Their moral status is considered 'problematic' by libertarian bioethics.

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Vulnerability of Non-Consent Individuals

Libertarian bioethics raises concerns about the 'vulnerability' of individuals who cannot give consent. They could potentially become 'objects' of the benevolent actions of moral agents, potentially leading to situations where their interests are sacrificed for other objectives like scientific progress or economic interests.

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Non-Consent Individuals as 'Objects' of Beneficence

Those who cannot consent are deemed 'objects' of the beneficence of moral agents. Moral agents can make decisions that may protect them, but also potentially sacrifice them to achieve other goals.

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Moral Authority Through Agreement

This theory argues that morality is based on agreement between individuals or communities, rather than on universal principles.

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Tension between Autonomy and Protection

Libertarian bioethics highlights the potential tension between promoting individual autonomy and ensuring protection for those who lack the ability to make their own choices.

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Liberal-libertarian Bioethics Theory

This theory believes that establishing universal moral truths is impossible and undesirable, as it could lead to uniformity and suppression of individual values. Instead, it advocates for the acceptance and toleration of diverse ethical views within specific 'moral communities' where individuals with shared values can negotiate solutions to bioethical issues.

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Moral Communities

The concept of 'moral communities' within the liberal-libertarian theory refers to groups of individuals who share similar ethical values and can negotiate bioethical issues through contracts or agreements. These agreements should prioritize informed consent and respect for the individual's choices.

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Individual Autonomy

In the liberal-libertarian theory, the value of individual autonomy is paramount. It emphasizes that individuals are free to choose their own ethical beliefs and act according to those beliefs within their 'moral communities'.

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Negotiation and Contracts

The primary method for resolving bioethical issues in the liberal-libertarian theory is through negotiated agreements or contracts between individuals within 'moral communities'. This process should ensure informed consent and respect for each person's ethical views.

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Informed Consent

Central to the liberal-libertarian theory is the concept of informed consent, emphasizing that individuals have the right to make decisions about their own healthcare and participate in research based on comprehensive understanding.

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Ethical Pluralism

The liberal-libertarian theory acknowledges the existence of diverse ethical perspectives and embraces this pluralism, avoiding the imposition of a single set of values. Individuals can freely choose their own ethical frameworks within their 'moral communities'.

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Significance of Liberal-Libertarian Theory

The liberal-libertarian theory's core emphasis on individual freedom and the need for informed consent, particularly within 'moral communities', makes it a highly influential framework in contemporary bioethics.

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Contrasting with Universal Ethical Codes

The liberal-libertarian theory contrasts sharply with theories seeking to create a universal moral code, highlighting the significance of personal values and individual autonomy in ethical decision-making. It challenges the idea of imposing a single, objective ethical framework, advocating for diverse perspectives and negotiated solutions.

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Utilitarianism

A moral philosophy that judges the rightness or wrongness of an action based on its consequences, aiming to maximize overall happiness or well-being.

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Theory of Value (Utilitarianism)

The theory of value within utilitarianism that defines good as pleasure and bad as pain, considering factors like intensity, duration, and certainty.

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Theory of Preferences (Utilitarianism)

The theory of value within utilitarianism that defines good as the satisfaction of desires and preferences made by rational agents. It's based on autonomy and choice.

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Levels of Subjectivity (Utilitarianism)

The idea that different levels of consciousness and mental capacity determine the moral significance of an individual's subjectivity.

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Quality of Life (Utilitarianism)

The concept that the value of a life is determined by its quality, measured by the balance of pleasure and pain, leading to the idea that a life with significant suffering might not be considered worth living.

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Duty to Suppress Suffering (Utilitarianism)

The idea that the right not to suffer becomes a moral obligation to end or prevent suffering, even if it means ending life. It's a controversial application of utilitarianism.

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Utilitarianism & Embryos

Utilitarianism's stance on the moral status of embryos is that they are not considered moral subjects because they lack sentience. This is based on their inability to experience pleasure or pain.

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Utilitarianism & Animals

Utilitarianism's stance on animals is that those capable of feeling pleasure and pain are considered moral subjects and deserve consideration in ethical decisions.

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Personalism

A philosophy that values the innate worth of each individual, regardless of their stage of development, physical condition, or capabilities.

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Intrinsic Dignity

The concept that a person is not defined by their abilities or outward characteristics, but by their inherent human nature.

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Personhood from Conception

The idea that an individual is a complete being from the beginning of life, even if their full potential is not yet realized.

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Personhood Beyond Function

The belief that a person's value remains constant, even if they are severely disabled or unable to express their thoughts.

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Subject vs. Function

The argument that the presence of certain functions doesn't create personhood; rather, personhood is the foundation for those functions.

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Rejecting Abstract Qualities

The rejection of abstract qualities that define a person; instead, it asserts the importance of individual, embodied existence.

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Body and Person Interconnected

The theory recognizes the inseparable connection between the physical body and the individual person, advocating respect for both.

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Personalist Justification for Life

The grounding principle for the moral value of life, recognizing the dignity of every individual, from conception to natural death.

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Respect for Life

The belief that all human life, from conception to natural death, should be respected and protected.

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Therapeutic Principle

Any medical intervention on a person's life is only justified if it aims to cure them and improve their health.

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Freedom and Responsibility

The freedom of individuals is limited by the need to respect the life of others.

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Principle of Sociality

The common good of society is achieved through the well-being of individuals.

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Personhood vs. Human Being (1)

The belief that a human being becomes a person at a later stage of development, not from conception.

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Personhood vs. Human Being (2)

The belief that the death of a person occurs before the irreversible cessation of all brain functions.

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Conditional Value of Human Life

The idea that human life's value is not inherent but dependent on specific conditions or characteristics.

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Functionalist Conception of Personhood

The theory that the level of moral significance of a person is determined by their functional abilities, regardless of quality.

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Libertarian Bioethics Model

This bioethics model emphasizes individual freedom and minimizes legal intervention. It prioritizes personal choice and moral conscience over external rules and regulations.

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What is Biolaw?

This is a specific area of law that focuses on ethical issues in medicine and biology. It aims to regulate scientific advancement while respecting human dignity and rights.

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Philosophical Justification of Personhood

A key justification for human rights is the inherent dignity and rights possessed by every human being, regardless of their development or circumstance.

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Biolaw's origin from Bioethics

Biolaw's creation is a direct consequence of bioethics, fueled by the constant need for legal frameworks to govern scientific advancements in medicine and biology.

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The Rapid Pace of Biomedicine

The rapid pace of scientific and technological change presents a significant challenge for biolaw, as it often struggles to keep up with the swift advancements in medicine and biology.

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Bioethics and its Challenges

Bioethics grapples with the challenges of regulating the application of scientific knowledge in the context of life and medicine, while ensuring ethical considerations and human rights are upheld.

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The Specificity of Biolaw

Regulations aimed at shaping societal behavior concerning biomedical activities, considering progress in scientific knowledge and technology.

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The Need for Biolaw

The growing need for legal frameworks to regulate biomedical advancements is a result of the increasing complexity and ethical implications of scientific progress.

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Study Notes

Law, Bioethics, and Human Rights - Part II

  • Bioethics involves debate on the extent of limitations on technological research and applications.
  • There's substantial agreement on the necessity of limiting technological advancements.
  • Contemporary philosophical thought is marked by moral pluralism, where differing values and principles exist.
  • The values and principles in bioethics show significant diversity.

Different Theories

  • Liberal-Libertarian Theory:

    • Assumes a non-existent and impossible common objective truth.
    • Supports accepting and legitimizing all subjective ethical views equally.
    • Identifies "moral communities" as spaces for potential agreement on negotiation procedures to solve bioethical conflicts.
    • Emphasizes the importance of individual autonomy and informed consent.
    • Proposes principles of autonomy (limitations on moral communities) and beneficence (sympathetic attitude to others).
    • Defines "moral agents" as those capable of rationality and self-determination, while others are people in a broad sense.
    • Critically points out that the current theory lacks protection for individuals unable to exercise freedom ("moral agents" not protected).
  • Utilitarian Theory:

    • Justifies moral statements based on the evaluation of consequences and effects rather than the agent or act itself.
    • Prioritizes actions producing the best possible consequences in terms of utility (welfare).
    • Seeks an optimal balance of benefits over costs, preferences over harm.
    • The centrality of utility stems from common moral experience.
    • Identifies distinct levels of human consciousness, ranging from basic pleasure/pain sensation to autonomous decision making.
    • Reduces personal subjectivity to the presence and duration of functions.
    • Critiques focus on the possible reduction of intentions and the reliance solely on the calculation of usefulness without acknowledging moral sentiments and personal projects.
  • Principlism Theory:

    • Aims to establish bioethics principles for analyzing bioethical issues.
    • Provides an interpretative framework based on autonomy, beneficence, non-maleficence, and justice.
    • Critiques arise due to principles that are merely nominal empty references, filled with diverse interpretations and failing to define a clear priority system. Risk of both relativism and eclecticism mentioned.
  • Personalist Theory:

    • Emphasizes the intrinsic dignity of every human being across all stages of development.
    • Focuses on the concrete individual as a person, considering their embodied existence.
    • Posits that consequences such as the embryo, foetus, infant or brain-damaged are "already" people. Thus, even with lack of function, they retain their ontological nature and deserve ethical consideration.
    • Critiques the mistakes of other theories in separating the person from the human being.

International Committees and Biolaw

  • Various international committees (UNESCO, COPAB, Asian Bioethics Association, etc.) are working towards shared principles including human dignity, beneficence-non-maleficence, freedom, justice, precaution, and caution.
  • Biolaw is a response to the increasing need for harmonized regulations on biomedical activity resulting from scientific and technological progress.

International Law and Biolaw Sources

  • Principles regarding human rights and the ethical use of scientific/technological advances are codified and articulated through multiple sources.
  • Codes of practice, human rights documents and declarations like the Universal Declaration of Human Rights, form important sources of biolaw.
  • These sources are crucial for establishing minimum principles for bioethics and recognizing human dignity and rights.

Biolaw in International Context

  • Global harmonization of biolaw is emerging due to increasingly transnational problems (pandemics, etc.).
  • Biolaw aims to establish guidelines and rules concerning human conduct in the context of advancing scientific and technological developments.
  • International cooperation is essential to address shared bioethical dilemmas.

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Description

This quiz delves into the complex interplay between bioethics, technology, and moral principles. It examines various ethical theories, focusing on liberal-libertarian perspectives, and emphasizes the importance of individual autonomy and moral pluralism. Test your understanding of how these concepts shape contemporary bioethical debates.

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