scholarly journals Analyzing the paradigmatic cases of two persons with a disorder of consciousness: reflections on the legal and ethical perspectives

2021 ◽  
Vol 22 (1) ◽  
Author(s):  
Mario Picozzi ◽  
Lino Panzeri ◽  
Davide Torri ◽  
Davide Sattin

Abstract Background Media have increasingly reported on the difficulties associated with end-of-life decision-making in patients with Disorders of Consciousness (DOC), contextualizing such dilemma in detailed accounts of the patient’s life. Two of the first stories debated in the scientific community were those related to the cases of two women, one American, the other Italian, who captured attention of millions of people in the first years of this third millennium. Methods Much has been written about the challenges of surrogate decision-making for patients in DOC, but less has been written comparing these challenges across legal systems and cultures. In our paper, we propose a systematic analysis of the final legal documents written by the American and Italian Courts in relation to the two cases, developing our discussion around three areas: the level of certainty/reliability of diagnosis and prognosis, the reconstruction of self-expression, time of illness and time of care. They are examples of the typical issues discussed by legal authors and allow us to understand the link and the difference between the legal and ethical perspectives. Results The legal approach to the two cases has some common elements: the need to be certain about the diagnosis and prognosis and the fact that the clinical criteria are necessary in determining the most appropriate treatments, although these criteria are not sufficient unless they are supplemented by the patient’s will. The issue of relations takes on importance both from a legal and an ethical point of view, but from two different perspectives. While ethics safeguards relationships by guaranteeing their differences and makes them reconcilable, law safeguards relationships by guaranteeing the cold forms of respect, equality, impartiality, symmetry, reciprocity, and irreversibility. In this perspective, the link between the time of care and the decision of the family members assumes importance. Conclusions The most interesting point that emerges from our analysis is the issue of relationships and how they affect decisions, both from a legal and ethical point of view. For this reason, during the patients’ hospitalization, it is necessary to identify ways in which they might give their opinion about the moral issues underlying their choices.

2015 ◽  
Vol 31 (1) ◽  
pp. 251
Author(s):  
Marlinda Irwanti ◽  
Deddy Muharman

This research is motivated by the phenomenon of groups of female who usually frequent and visible to see from even elementary schools until university. The interesting point of this research is, researchers interested in analyzing this phenomenon with questions, whether the difference in education level affects the decision-making process in the female group, adding the complexity of the pre-existing nature within the group members. This study uses interviews and focus group discussions to gather data that are expected to explain the above phenomena by using assumptions and symptoms of Groupthink theory itself. The results showed that there was no difference in the decision-making process of the different groups of the educational level, and other interesting findings that Groupthink does not occur in these groups. This happens because these groups did not shut down their point of view from outside influences, and also the absence of a formal group leader, and the persistence of high mutual understanding of his fellow group members.


2002 ◽  
Vol 62 (247) ◽  
pp. 576
Author(s):  
Jomar Ricardo da Silva

A Igreja Católica, através das Comunidades Eclesiais de Base, surgidas no Brasil na década de 60, tem no trabalho dos agentes de Pastoral o principal elemento de atuação, sendo eles os responsáveis pela formação, organização e coordenação dos citados grupos religiosos. No entanto, para atingir os objetivos especificados no projeto pastoral diocesano, eles necessitam da indispensável colaboração dos animadores. O que este estudo se propõe é analisar os fundamentos das diferenças de poder e carisma existentes na relação envolvendo os dois segmentos, a partir da perspectiva do animador, e como seu resultado, as “relações injustas”, repercute no processo de decisão das comunidades.Abstract: The Catholic Church, through the Basic Ecclesiastical Communities (Comunidades Eclesiais de Base), which arose in Brazil in the 1960s, has relied on the role of the pastoral agents, the main instrument of achievement to build, organize and coordinate the aforesaid religious groups. However, they, in turn, also need the essential contribution on the part of the animators to meet the objectives fixed by the pastoral project of the diocese. The purpose of this study is to analyse the reasons of the difference of power and charisma in the relation between the two segments from the point of view of the animator and to find how unfair relations reverberate in the process of decision-making in the communities.


2017 ◽  
Vol 5 (3) ◽  
pp. 175-184
Author(s):  
Izhak Englard

The paper starts with an analysis, based on Hans Kelsen’s methodology, about the difference between law and morality and their relationship to religious rules. The difference between law and morality lies in the way they are enforced. Law is backed by a threat of socially organized physical coercion; moral rules lack this sanction. The validity of religious rules is based upon Divine will; but if these rules are adopted by state law, their validity derives from the (secular) legislator. The notion of ‘rule of law’ has two different meanings, a formal and a substantive one. Formally, every state lives under the rule of law (Rechtsstaat, in German). The substantive notion relates to the content of the law, its evaluation from an ethical point of view, based on (subjective) ideological and political assumptions about the requirements of justice. In the context of law and religion, the rule of law is used to establish the correct solution to the conflict between the constitutional principles of individual and collective freedom of religion, freedom from religion and public order. The conflict between law and religion is particularly intense in Israel. The problem is to realize the constitutional program of establishing a state that is both Jewish and democratic-liberal. The traditional Orthodox concept of a Jewish state clashes with the modern notion of a liberal, secular-national state. The solution can and must be found in adapting the religious tradition to the modern reality of a Jewish state, composed of multicultural communities, within the framework of a liberal democracy.


Human Affairs ◽  
2016 ◽  
Vol 26 (1) ◽  
pp. 18-25
Author(s):  
Ján Kalajtzidis

Abstract Neither in theory nor in practice does there exist a single model of decision making. It is very difficult to identify a model, or models, which would be most useful during and after a disaster. Within the disaster timeframe (a difficult and complex situation), specific moral dilemmas arise. All the decision making theories tend to be associated with different assumptions about human nature, the quality of the decisions made and the manner in which they are made. Different assumptions may result in different tools being used and subsequently different consequences. The paper will provide a general introduction to the ethical decision making model, and will suggest two ways in which decisions in ethics might be made. The paper will try to deepen the discussion, and suggest answers to questions such as which type of ethical decision making is better in a specific situation such as a disaster? Is there any need to use a different decision making model (from an ethical point of view) in a disaster than in another event? Nonetheless, the article does not provide explicit solutions to these questions, since providing them would require further investigation than is the aim of this paper.


2020 ◽  
Vol 32 (1) ◽  
pp. 26-29
Author(s):  
Anteo Di Napoli ◽  
Franco Francesco

Determining the adequate sample size for a clinical trial is crucial in the design of an epidemiological study. In fact the question about the number of subjects need to study is common for clinical investigators, because a correct sample size is fundamental to obtain reliable findings. The larger the sample size under study, the greater the chance of detecting, as statistically significant, a clinically important effect it exists. This issue is related to the precision and the power of a study in measuring the difference between treatments being studied, the validity and accuracy of a diagnostic test, the occurrence of a disease. However, conducting a study with an adequate sample size is fundamental not only in statistical terms, but also from an ethical point of view. It is unjustifiable to expose patients to the risks of a research if the study has not the necessary preconditions to obtain findings useful to substantial scientific progress. Calculating sample size depends on several issues, such as the type of sampling method, the type of the study, the desired power and level of confidence fixed for the study. The aim of this article is to summarize the criterions for defining the appropriate sample size and to present some examples of methods for its calculating. (Epidemiology_statistics)


1997 ◽  
Vol 2 (3) ◽  
pp. 226-234 ◽  
Author(s):  
Michel Cabanac ◽  
Chantal Pouliot ◽  
James Everett

Previous work has shown that sensory pleasure is both the motor and the sign of optimal behaviors aimed at physiological ends. From an evolutionary psychology point of view it may be postulated that mental pleasure evolved from sensory pleasure. Accordingly, the present work tested empirically the hypothesis that pleasure signals efficacious mental activity. In Experiment 1, ten subjects played video-golf on a Macintosh computer. After each hole they were invited to rate their pleasure or displeasure on a magnitude estimation scale. Their ratings of pleasure correlated negatively with the difference par minus performance, i.e., the better the performance the greater the pleasure reported. In Experiments 2 and 3, the pleasure of reading poems was correlated with comprehension, both rated by two groups of subjects, science students and arts students. In the majority of science students pleasure was significantly correlated with comprehension. Only one arts student showed this relationship; this result suggests that the proposed relationship between pleasure and cognitive efficiency is not tautological. Globally, the results support the hypothesis that pleasure is aroused by the same mechanisms, and follows the same laws, in physiological and cognitive mental tasks and also leads to the optimization of performance.


2017 ◽  
Vol 35 (1) ◽  
pp. 85-87
Author(s):  
Elizabeth K. Vig ◽  
Janelle S. Taylor ◽  
Ann M. O'Hare

1978 ◽  
Vol 17 (01) ◽  
pp. 28-35
Author(s):  
F. T. De Dombal

This paper discusses medical diagnosis from the clinicians point of view. The aim of the paper is to identify areas where computer science and information science may be of help to the practising clinician. Collection of data, analysis, and decision-making are discussed in turn. Finally, some specific recommendations are made for further joint research on the basis of experience around the world to date.


2020 ◽  
Vol 7 (2) ◽  
pp. 34-41
Author(s):  
VLADIMIR NIKONOV ◽  
◽  
ANTON ZOBOV ◽  

The construction and selection of a suitable bijective function, that is, substitution, is now becoming an important applied task, particularly for building block encryption systems. Many articles have suggested using different approaches to determining the quality of substitution, but most of them are highly computationally complex. The solution of this problem will significantly expand the range of methods for constructing and analyzing scheme in information protection systems. The purpose of research is to find easily measurable characteristics of substitutions, allowing to evaluate their quality, and also measures of the proximity of a particular substitutions to a random one, or its distance from it. For this purpose, several characteristics were proposed in this work: difference and polynomial, and their mathematical expectation was found, as well as variance for the difference characteristic. This allows us to make a conclusion about its quality by comparing the result of calculating the characteristic for a particular substitution with the calculated mathematical expectation. From a computational point of view, the thesises of the article are of exceptional interest due to the simplicity of the algorithm for quantifying the quality of bijective function substitutions. By its nature, the operation of calculating the difference characteristic carries out a simple summation of integer terms in a fixed and small range. Such an operation, both in the modern and in the prospective element base, is embedded in the logic of a wide range of functional elements, especially when implementing computational actions in the optical range, or on other carriers related to the field of nanotechnology.


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