An Analysis of Some Juristic Techniques for Handling Systematic Defects in the Law

Argument Types and Fallacies in Legal Argumentation - Law and Philosophy Library ◽

10.1007/978-3-319-16148-8_10 ◽

2015 ◽

pp. 151-177

Author(s):

Giovanni Battista Ratti

Keyword(s):

The Law

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Ethical Challenges: Less About Moral Wrongdoing and More About Communication Breakdown

Perspectives on Gerontology ◽

10.1044/gero20.3.72 ◽

2015 ◽

Vol 20 (3) ◽

pp. 72-84 ◽

Cited By ~ 2

Author(s):

Paula Leslie ◽

Mary Casper

Keyword(s):

Ethical Challenges ◽

Speech Language Pathology ◽

Thickened Liquids ◽

Communication Breakdown ◽

Professional Duty ◽

Language Pathology ◽

The Law ◽

Personal Case

“My patient refuses thickened liquids, should I discharge them from my caseload?” A version of this question appears at least weekly on the American Speech-Language-Hearing Association's Community pages. People talk of respecting the patient's right to be non-compliant with speech-language pathology recommendations. We challenge use of the word “respect” and calling a patient “non-compliant” in the same sentence: does use of the latter term preclude the former? In this article we will share our reflections on why we are interested in these so called “ethical challenges” from a personal case level to what our professional duty requires of us. Our proposal is that the problems that we encounter are less to do with ethical or moral puzzles and usually due to inadequate communication. We will outline resources that clinicians may use to support their work from what seems to be a straightforward case to those that are mired in complexity. And we will tackle fears and facts regarding litigation and the law.

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