scholarly journals 人類脆弱性與醫療倫理

2013 ◽  
Vol 11 (2) ◽  
pp. 51-55
Author(s):  
Lawrence YUNG
Keyword(s):  
Human Condition ◽  
Individual Autonomy ◽  
Personal Integrity ◽  
Biomedical Sciences ◽  
Undue Influence ◽  
Human Vulnerability ◽  
Digital Commons ◽  
The Family ◽  
Liberal Individualism ◽  
Environmental Burdens

LANGUAGE NOTE | Document text in Chinese; abstract in English only.In his paper, Professor Lo Ping Cheung complains that bioethics is under the undue influence of liberal individualism. He argues that in prioritizing individual autonomy, the United Nations’ “Universal Declaration on Bioethics and Human Rights” (2005) and the International Bioethics Committee’s “Proposed Outline for a Report on Respect for Human Vulnerability and Personal Integrity” (2009) not only allow but also advocate egoistic behavior. In contrast to Lo’s view, in advocating family co-determinism in healthcare, Confucian bioethics is in a better position to provide primary protection to the vulnerable.To defend the Declaration (2005) I draw on the IBC Report (2011) and argue that in enshrining the principle of respect for human vulnerability and personal integrity as a universal value in bioethics, the Declaration seeks to prompt greater solidity between moral strangers and different stakeholders in healthcare and research and the application of emerging technologies in the biomedical sciences. I also argue that the family may fail to protect “the vulnerable,” as vulnerability is a human condition and it occurs in the context of healthcare as a result of personal disability, in addition to environmental burdens and social injustice.DOWNLOAD HISTORY | This article has been downloaded 87 times in Digital Commons before migrating into this platform.

scholarly journals 家庭與社會公義

2018 ◽  
Vol 16 (2) ◽  
pp. 45-48
Author(s):  
Lawrence YUNG
Keyword(s):  
Social Justice ◽  
Legal Status ◽  
Individual Autonomy ◽  
Same Sex ◽  
Sexual Freedom ◽  
Same Sex Marriage ◽  
Digital Commons ◽  
The Family ◽  
Gender Neutrality ◽  
Heterosexual Marriage

LANGUAGE NOTE | Document text in Chinese; abstract in English only.Mark Cherry’s article identifies claims regarding individual autonomy, gender neutrality, and rights to sexual freedom as taking a commanding place within the secular liberal recasting of the family to grant same-sex marriage the same legal status as heterosexual marriage. Cherry refers to Plato’s proposal of abolishing family in Republic (Book V) as a precursor to reforming the family to engineer currently favored versions of social justice. This paper adds to the discussion on family and social justice with an explication of this proposal of abolishing family and a comparison with the Confucian ideal of Great Unity.DOWNLOAD HISTORY | This article has been downloaded 122 times in Digital Commons before migrating into this platform.

scholarly journals 知情同意的權利主體: 儒家倫理視角下的考察

2008 ◽  
Vol 6 (1) ◽  
pp. 17-28
Author(s):  
Tongwei YANG ◽  
Zhangqi FENG
Keyword(s):  
Informed Consent ◽  
Family Relationship ◽  
Family Values ◽  
Reciprocal Relationship ◽  
Confucian Ethics ◽  
Individual Autonomy ◽  
Digital Commons ◽  
The Family ◽  
Physician Relationship ◽  
The Right

LANGUAGE NOTE | Document text in Chinese; abstract also in English.“ 知情同意”這個在西方文化背景中產生的倫理和法律術語在中國仍然是一個比較新的概念。尤其是對於知情同意的權利主體這一基本問題，在立法實踐和臨床實務中仍存在認識模糊和不一致之處。本文基於儒家家庭倫理的基本精神——尊重個人意願與家庭關懷的統一，提出了關於知情同意權利主體的立法建議。在儒家倫理中，主張“和而不同”、“互以對方為重”，體現了尊重個人意願的思想。在儒家倫理中還主張“父慈子孝”、“兄友弟恭”、“夫婦和順”，體現了家庭關懷。可見，在儒家倫理視野下，知情同意權利並非由家屬包辦，也非僅僅屬於患者而和家庭無關，而是在患者做主前提下的家庭參與，是患者做主與家庭關懷的統一。所以，對於有同意能力的患者而言，其本人所作的同意表示才具有法律效力；只有在某些特殊的情形下患者家屬才可以代為簽署知情同意書或者代行知情同意權利。Informed consent has been a core principle endorsed by modern Western medical ethics. It involves patient-physician relationship as well as family relationship. It has been a focus of debates since it was introduced to the Chinese world whether informed consent is agreeable to the cultural ethos of China, and if not, whether it can be applied transculturally. This paper first discusses three principles in the policy of informed consent: 1. the principle of individual autonomy; 2. the principle of non-maleficence; and 3. the principle of effectiveness. Then the paper explores the issue informed consent within the framework of the Confucian concept of family and family values, indicating that in Confucian ethics, the idea of“ harmony in diversity” acknowledges the importance of individuality whereas the notion of reciprocal relationship emphasizes the interconnectedness of everyone in family and society at large. We should always look for a balanced point between the right of the patient and the duty of the physician, and between the interest of an individual person and the interest of the family as a unit.DOWNLOAD HISTORY | This article has been downloaded 183 times in Digital Commons before migrating into this platform.

scholarly journals 履行知情同意原則在中國傳統倫理下的困境

2008 ◽  
Vol 6 (1) ◽  
pp. 29-49
Author(s):  
Yan LI
Keyword(s):  
Informed Consent ◽  
Medical Information ◽  
Sense Of Self ◽  
Well Being ◽  
Individual Autonomy ◽  
Traditional Values ◽  
Moral Framework ◽  
Digital Commons ◽  
The Family ◽  
Communal Responsibility

LANGUAGE NOTE | Document text in Chinese; abstract also in English.知情同意是尊重人的自主原則在診療環節的重要實踐，也是當代生命倫理學的重要組成之一，但在中國的履行卻體現出與其在西方社會建立起來的原有狀態中不同的特色。本文試圖探討形成這樣的特色與中國傳統倫理因素——例如“儒家、道家”——之間的關係，挖掘其可能的思想、制度、倫理淵源。在文章的最後，還對中國傳統倫理在當代正在發生變革的現狀及其對履行知情同意原則的積極作用進行了簡單的闡釋。The informed consent has been practiced as a clinical and ethical principle for many years in China. With traditional emphasis on the family as a whole and a hierarchical social structure there is a strong ethic of indebtedness and obligations for one family member to others. Within this moral framework there is a special need for evoking a sense of self-restraint and communal responsibility towards the well-being of a family instead of an individual. As a result, the implementation of the informed consent in China sometimes takes a different direction. This paper intends to explore how traditional values systems, namely Confucianism, Daoism, Buddhism inf luence the way of the informed consent is interpreted and practiced. The paper has offered several specific medical cases to show the diff iculties in excising the principle of informed consent due to an absence of individual autonomy needed for a general requirement of competency and a lack of public medical information. Finally, I shall discuss the possibility of“ modernizing” traditional ethics.DOWNLOAD HISTORY | This article has been downloaded 146 times in Digital Commons before migrating into this platform.

scholarly journals 婚姻與家庭生活僅僅是相互同意的個人之間的契約嗎？不同的道德基礎及社會轉化

2018 ◽  
Vol 16 (2) ◽  
pp. 7-28
Author(s):  
Mark J. CHERRY
Keyword(s):  
Family Life ◽  
Individual Autonomy ◽  
Adopted Children ◽  
Marriage And Family ◽  
The Social ◽  
Digital Commons ◽  
Cultural Implications ◽  
The Family ◽  
And Gender ◽  
Gender Neutrality

LANGUAGE NOTE | Document text in English; abstract also in Chinese.本文探討關於婚姻與家庭生活的不同觀念的社會及文化意義，比較對於婚姻與家庭生活的兩種不同的理解。傳統的理解是契合於具體的宗教與文化之中的，而當代西方俗世的自由主義理解則尋求將婚姻重塑為自主個人之間的一種平等主義的社會契約。前者把家庭視為社會存在的一種規範形式，是圍繞著一夫一妻制婚姻以及他們的生物學子女（甚或收養子女）而形成的；而後者則把家庭看作符合於當代西方流行的社會公正及性別中立原則而合法構成的機構。This paper explores the social and cultural implications of different conceptions of marriage and family life. It compares traditional understandings of marriage and family, set within particular religions and cultures, to a Western secular liberal understanding, which seeks to recast marriage as a sort of egalitarian social contract between autonomous individuals. Rather than appreciating the family as a normative form of social being constituted around the monogamous marriage of husband and wife and their own biological (and perhaps adopted) children, here the family is to be appreciated as an institution legally to be molded more closely in line with currently popular Western principles of social justice and gender neutrality. Claims regarding individual autonomy, gender neutrality, and rights to sexual freedom have come to possess a commanding place within the West’s recasting of the family.DOWNLOAD HISTORY | This article has been downloaded 120 times in Digital Commons before migrating into this platform.

The Development of Homologous (Canine/Anti-Canine) Antibodies in Dogs with Haemophilia A (Factor VIII Deficiency): A Ten-Year Longitudinal Study

1993 ◽  
Vol 69 (01) ◽  
pp. 021-024 ◽  
Author(s):  
Shawn Tinlin ◽  
Sandra Webster ◽  
Alan R Giles
Keyword(s):  
Factor Viii ◽  
Canine Model ◽  
Significant Inhibition ◽  
Human Condition ◽  
Haemophilia A ◽  
Variable Expression ◽  
The Family ◽  
Over Time

SummaryThe development of inhibitors to factor VIII in patients with haemophilia A remains as a serious complication of replacement therapy. An apparently analogous condition has been described in a canine model of haemophilia A (Giles et al., Blood 1984; 63:451). These animals and their relatives have now been followed for 10 years. The observation that the propensity for inhibitor development was not related to the ancestral factor VIII gene has been confirmed by the demonstration of vertical transmission through three generations of the segment of the family related to a normal (non-carrier) female that was introduced for breeding purposes. Haemophilic animals unrelated to this animal have not developed functionally significant factor VIII inhibitors despite intensive factor VIII replacement. Two animals have shown occasional laboratory evidence of factor VIII inhibition but this has not been translated into clinical significant inhibition in vivo as assessed by clinical response and F.VIII recovery and survival characteristics. Substantial heterogeneity of inhibitor expression both in vitro and in vivo has been observed between animals and in individual animals over time. Spontaneous loss of inhibitors has been observed without any therapies designed to induce tolerance, etc., being instituted. There is also phenotypic evidence of polyclonality of the immune response with variable expression over time in a given animal. These observations may have relevance to the human condition both in determining the pathogenetic factors involved in this condition and in highlighting the heterogeneity of its expression which suggests the need for caution in the interpretation of the outcome of interventions designed to modulate inhibitor activity.

基於儒家家庭本位思想的知情同意原則的思考

2013 ◽  
Vol 11 (1) ◽  
pp. 33-44
Author(s):  
Xiangjin KONG ◽  
Mingjie ZHAO
Keyword(s):  
Decision Making ◽  
Filial Piety ◽  
Moral Virtue ◽  
Family Members ◽  
Confucian Ethics ◽  
Medical Decision ◽  
Individual Autonomy ◽  
The Family ◽  
Family Decision ◽  
Opinion Polls

LANGUAGE NOTE | Document text in Chinese; abstract also in English.在具有家庭主義特徵的中國社會文化語境下，儒家家庭本位思想對病人知情同意權的影響是客觀實在。以自由主義和個人主義為理論基礎的個人自主知情同意原則要想在中國本土的醫療實踐中發揮應有作用，突顯家庭在知情同意過程中的主導地位是重要前提。在中國的醫療實踐中，知情同意的模式必須融入中國儒家家庭本位思想，才能更好地發揮其作用。Opinion polls released recently show that the majority of people in China today think that informed consent in medical practice is necessary, with more than half favoring family decision making over individual, autonomous patient decision making. Based on these opinion polls, this essay argues that the liberalism and liberal individualism that emphasize individual autonomy do not square with the Confucian tradition.The essay submits that the “family decision” model is designed to embody Confucian family ethics and maximize the benefit of family involvement in medical decision making. The family model includes both the patient and his or her close family members in the decision making process. The Confucian ethics of humanness (ren) – the highest moral virtue – and filial piety (xiao) – the foundation of all moral virtue – support family as the most appropriate authority for medical decisions. Further, the essay explores how the family as a unit is better positioned to work with the physician at critical moments to protect the interests of the patient. This means that the family, not the patient, is in authority, and that in some cases, it is acceptable for family members to hide “medical information” from the patient with the cooperation of the physician. The essay concludes that the family is, and should be treated as, a significant moral participant in medical decision making.DOWNLOAD HISTORY | This article has been downloaded 99 times in Digital Commons before migrating into this platform.

Reconsidering Independent Advice: A Framework for Analysing Two-Party and Three-Party Cases

2020 ◽  
Vol 43 (1) ◽  
Author(s):  
Felicity Maher ◽  
Stephen Puttick
Keyword(s):  
Family Law ◽  
Undue Influence ◽  
High Court ◽  
General Law ◽  
The Family ◽  
New Framework ◽  
Key Questions

What is the significance of the receipt of independent advice by the plaintiff in a claim to set aside a transaction on the basis of a vitiating factor – such as duress, undue influence or unconscionable conduct? The generally held view has been that it is highly significant. Indeed, the receipt of advice has been understood as an answer to many such claims. The High Court of Australia’s decision in Thorne v Kennedy apparently changes this. Although that case concerned advice in relation to binding financial agreements under the Family Law Act 1975 (Cth), the decision has important implications across banking, commercial and other areas of practice. This article, then, offers a reanalysis of this question in light of this decision and other developments. The authors propose a new framework – based around two key questions – for conceptualising the function and significance of independent advice in a particular case. The article considers and develops this framework with regard to the main general law vitiating factors in both two-party and three-party cases.

scholarly journals 關於放棄臨床無效治療的倫理學思考

2000 ◽  
Vol 3 (1) ◽  
pp. 127-140
Author(s):  
Yongsong GUO
Keyword(s):  
Social Situation ◽  
Final Decision ◽  
Moral Pluralism ◽  
Medical Progress ◽  
Digital Commons ◽  
The Family ◽  
Futile Treatment ◽  
Definition Of ◽  
The Right ◽  
Other Regarding

LANGUAGE NOTE | Document text in Chinese; abstract also in English.對於沒有臨床救治希望的病人，要不要繼續治療？誰有最終的決定權？這既是臨床醫療問題，又是一個涉及社會倫理法規的問題。對於這樣的病人，不放棄治療可能意味著要消耗更多的醫療資源但又無法挽救病人，但是如果放棄治療，可能會遇到更多的來自社會傳統的、倫理法規的問題。筆者認為，在社會多元化發展的今天，面對臨床無效治療，應在尊重病人或病人家屬有最終決定權的前提下，以一定道德、法規為依據，按照一定的醫療程式和法律手續進行處理，可能是更為符合人道和社會公眾利益的理性選擇。There has not been a clear medical definition of futility. The concept of futile treatment involves not only medical, but also social, ethical, and legal components. This paper argues that in today's pluralistic moral circumstances, the patient and/or the family should have the final right to decision regarding futile treatment.Some are opposed to renouncing futile treatment, whatever futility is defined. For them, first, abandoning treatment is in conflict with the physician's basic duty of offering treatment. Second, giving up treatment also gives up the chance of making medical progress by attempting to treat the patient. Third, the patient would thereby lose the opportunity of prolonging the life. And finally, it would change the good image of the physician (as taking care of the patient). On the other hand, those who support renouncing futile treatment offer different reasons. First, giving up futile treatment will turn out to be respecting the value of the patient's life. Second, It would help people recognize the natural limit of contemporary medical development. Third, it would facilitate a reasonable pattern of distributing scarce medical resources. And finally, it could reduce the suffering of the patient. As a result, we face a social situation of moral pluralism: people disagree with each other regarding renouncing futile treatment.A difficult practical issue is who has the right to decide renouncing futile treatment. This paper argues that, giving individuals hold conflicting views of life, valoue and morality, the patient should have the final decision power regarding his/her own treatment. If the patient is incompetent, then the family should have the deciding right. In this respect we should overcome the longstanding medical paternalism. In addition, society should establish a prcocedure to regulate and facilitate the decision-mading of renouncing futile treatment.DOWNLOAD HISTORY | This article has been downloaded 16 times in Digital Commons before migrating into this platform.

scholarly journals 功夫與家庭

2013 ◽  
Vol 11 (2) ◽  
pp. 93-96
Author(s):  
Si XIAO
Keyword(s):  
The Other ◽  
Philosophical Tradition ◽  
Greek Philosophy ◽  
Valuable Contribution ◽  
Digital Commons ◽  
The Family ◽  
The Way

LANGUAGE NOTE | Document text in Chinese; abstract in English only.In this response essay, Xiaosi, the author of [Philosophy of Family], made five points in response to Ni Peimin’s article, “The Way of the Family and the Gongfu of Regulating the Family.”1. Gongfu is indeed a philosophically significant concept that uniquely reflects the features of the Chinese Philosophical tradition. Ni’s recent works that advocate this concept provide a valuable contribution to philosophy.2. In his additional notes on Gongfu, Xiaosi points out that a sense of “enduring” or “lasting” and a sense of spending time in an accumulative fashion are two indispensible elements for an appropriate understanding of Gongfu.3. Greek philosophy does not seem to be included in this concept, which is unfortunate.4. Gongfu and familization may well be connected, each facilitating understanding of the other.5. Xiaosi also made two criticisms against Ni Peimin’s article.DOWNLOAD HISTORY | This article has been downloaded 27 times in Digital Commons before migrating into this platform.

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