scholarly journals 儒家“誠”基礎上的器官家庭捐獻

2018 ◽  
Vol 16 (1) ◽  
pp. 61-74
Author(s):  
Yu CAI
Keyword(s):  
Organ Donation ◽  
Family Involvement ◽  
Family Members ◽  
Confucian Ethics ◽  
Next Of Kin ◽  
Digital Commons ◽  
The Gift ◽  
Critical Issues ◽  
The Individual ◽  
The Right

LANGUAGE NOTE | Document text in Chinese; abstract also in English.本文首先探討了儒家的“誠”與作為人之本性的“仁”之間的關係，指出“誠”是“仁”的前提與基礎。筆者認為“誠”賦予“仁”三個基本特徵：“真摯性”、“無外在目的性”和“客觀性”。這三個特徵都與儒家家庭和家庭成員間的“親親之愛”緊密聯繫。其後，本文提出儒家排斥“鄉願”式的器官捐獻。同時，文章指出，由於“誠”的要求，儒家認為對家庭成員的“親親之愛”應該是對非家庭成員的仁愛的前提、基礎和不可或缺的必要條件。因而，個人捐獻原則是與“誠”的價值觀存在一定的矛盾，而家庭捐獻原則才是符合儒家倫理的。最後，本文對人體器官的家庭捐獻原則進行了制度設計。Organ donation is the gift of an organ to help someone who needs a transplant to survive. Yet with limited organs available, the following question arises. Who should be given priority in terms of donation procedures—the individual who has personally committed to offer his/her organs to anyone in need, or the legal next of kin, i.e., family members? This essay approaches this question with reference to the Confucian ethics of sincerity (cheng), which is viewed as a precondition for the ethics of humanness (ren), arguing that family members should be given priority in decisions on organ donation. The author recommends that a policy of family consent for organ donation be implemented, as such a policy would reflect the significant role that family should play in making decisions on critical issues such as organ donation. The essay concludes that rather than emphasizing the right of individuals to decide what will happen after they die, a policy of family involvement would encourage more people to become donors and avoid conflict in cases of disagreement between donors and family members.DOWNLOAD HISTORY | This article has been downloaded 75 times in Digital Commons before migrating into this platform.

scholarly journals 器官捐獻的家庭同意原則: 儒家倫理的現代應用

2008 ◽  
Vol 6 (1) ◽  
pp. 51-75
Author(s):  
Mingxu WANG ◽  
Wen ZHANG ◽  
Xueliang WANG
Keyword(s):  
Organ Donation ◽  
Family Involvement ◽  
Family Members ◽  
Organ Transplant ◽  
Confucian Ethics ◽  
Next Of Kin ◽  
The Family ◽  
The Gift ◽  
The Individual ◽  
The Right

LANGUAGE NOTE | Document text in Chinese; abstract also in English.從儒家倫理的視角解讀中國新實施的《人體器官移植條例》，以第8 條中“共同表示同意”為著力點，認為，儒家的家庭倫理不僅深刻地影響者中國人的思維方式和行為方式，而且至今被人們認為是構建家庭倫理的最根本原則，有著廣泛的社會基礎和現實根據。分析了儒家倫理支持器官捐獻的理據，結合案例指出：家庭的知情同意並不違背個人的知情同意；應當在儒家的家庭倫理的基礎上探討這一條例的相關問題，從而幫助完善和實施這一條例，使我國有關人體器官移植和屍體捐獻的立法更加完備，為推動器官移植技術的發展建立更為有效的法律保障機制。並提出在在條例實施過程中還有五個相關問題需要澄清和解決。Organ donation is the gift of an organ to help someone else who needs a transplant. Hundreds of people’s lives are saved each year by organ transplants. Yet the question remains: Who should give the priority in terms of donation procedures - the individual who feels a strong, personal commitment to offer his/her organ or the legal next-of-kin, i.e., the priority order of the family members? This has been greatly debated bioethical issue in China in recent years. Rather than emphasizing the right of individuals to decide what will happen after they die, or removing the burden of making a decision about organ donation from families dealing with the traumatic death of a loved one, the policy of family consent indicates the signif icant role of family in making the decision. That is to say, the consent, or lack of objection, of those closest to the patient is always sought before organs can be donated. The family involvement could avoid discomfort with the process on the one hand, but also cause conf licts when there is a disagreement between the donor and family members on the other.This paper focuses its discussion on the context and impacts of the“ Rules regarding Organ Transplant” implemented in China since 2007. Then, it turns to traditional Confucian ethics to talk about the meaning of life and Confucian concept of family to show that Confucianism would support the idea of organ transplant. To prove the claim, the paper offers two recent examples of organ donation. Organ transplant should be advocated but the rules should be tighten in order to prevent unqualified doctors and profithungry hospitals from abusing patients and organ donors.DOWNLOAD HISTORY | This article has been downloaded 301 times in Digital Commons before migrating into this platform.

scholarly journals Perceived Support Among Families Deciding About Organ Donation for Their Loved Ones: Donor Vs Nondonor Next Of Kin

2010 ◽  
Vol 19 (5) ◽  
pp. e52-e61 ◽  
Author(s):  
Liva Jacoby ◽  
James Jaccard
Keyword(s):  
Quality Of Care ◽  
Organ Donation ◽  
Demographic Data ◽  
Quality Care ◽  
Family Members ◽  
Care Staff ◽  
Next Of Kin ◽  
Perceived Quality Of Care ◽  
Brain Dead

BackgroundFamilies’ experiences in the hospital influence their decisions about donating organs of brain-dead relatives. Meeting families’ support needs during this traumatic time is an obligation and a challenge for critical care staff.Objectives(1) To elicit family members’ accounts of various types of support received and perceived quality of care for themselves and their loved ones when they made the donation decision, and (2) to examine the relationship between these factors and the families’ donation decision.MethodsRetrospective telephone interviews of 199 families from different regions of the country were completed. Aside from demographic data, the survey addressed perceptions of informational, emotional, and instrumental support and quality of care.ResultsOne hundred fifty-four study participants consented to donation; 45 declined. White next of kin were significantly more likely than African Americans to consent. Specific elements of reported support were significantly associated with consent to donate. Donor and nondonor families had differing perceptions of quality care for themselves and their loved ones. Receiving understandable information about organ donation was the strongest predictor of consent.ConclusionsSpecific supportive behaviors by staff as recounted by family members of potential donors were significantly associated with consent to donation. These behaviors lend themselves to creative training and educational programs for staff. Such interventions are essential not only for next of kin of brain-dead patients, but also for staff and ultimately for the public as a whole.

儒家如何看待脱離婚姻的生育行為——由單身女性「凍卵」問題引發的法律與倫理討論

2019 ◽  
Vol 17 (1) ◽  
pp. 29-47
Author(s):  
Jie BAI
Keyword(s):  
Marriage Rate ◽  
Single Women ◽  
Confucian Ethics ◽  
Single Woman ◽  
Digital Commons ◽  
The Family ◽  
Conservative Policy ◽  
The Status ◽  
The Right ◽  
Reproductive Activities

LANGUAGE NOTE | Document text in Chinese; abstract also in English.近年來得益於女性地位的提升與名人效應，單身女性凍卵問題日趨成為社會輿論關注的焦點，由此也引發了法學界對單身女性生育權的討論。然而，單身女性凍卵不僅僅是一個法律議題，更是一個倫理問題。不僅法律和法規的制定和修訂中多有涉及對倫理的關照，凍卵的臨床實踐中也廣泛存在對倫理的考量。在結婚率和生育率持續走低當下社會，相當一部分單身 女性選擇凍卵的動機是希望脱離婚姻而進行自主的生育行 為。值得深思的是，東亞的儒教國家對輔助生殖的使用限制最為嚴格、政策最為保守。本文試圖通過分析儒家會如何看待脱離婚姻的生育行為，來探討儒學倫理對單身女性凍卵抱有怎麽樣的態度、能夠帶來怎麽的啟示。本文認為，儘管在法律維度上應該肯定單身女性擁有生育權，但在倫理層面上，脱離婚姻的生育行為應該極為審慎，因為其有違儒家倫理中對家庭秩序的看重，同時也讓“雙親撫育”難以得到實現。In recent years, thanks to the promotion of the status of women and the celebrity effect, the issue of the frozen eggs of single women has become a focus of public opinion, leading to discussion of the reproductive rights of single women in the legal arena. However, single women's frozen eggs are also an ethical issue. The laws and regulations not only involve ethics, but also ethical considerations in the clinical practice of frozen eggs. In today's society, in which the marriage rate and fertility rate continue to decline, many single women choose to freeze their eggs to distinguish between reproductive activities and marriage. It is worth thinking about the fact that Confucian East Asia has the strictest restrictions and most conservative policy on the use of assisted reproduction. This paper explores how Confucian ethics have a different position on single women’s frozen eggs by analyzing how Confucianism views fertility behaviors that are separated from marriage. It argues that although it is certain that a single woman has the right to give birth in the legal dimension, ethically, the procreative behavior of marriage should be taken with caution, as it violates the Confucian ethic of the family order by making parental care more difficult.DOWNLOAD HISTORY | This article has been downloaded 45 times in Digital Commons before migrating into this platform.

scholarly journals Communication about Organ Donation Intentions: Formative Research for a Social Marketing Program Targeting Families

2009 ◽  
Vol 15 (2) ◽  
pp. 63-73 ◽  
Author(s):  
Sandra C. Jones ◽  
Samantha L. Reis ◽  
Kelly L. Andrews
Keyword(s):  
University Students ◽  
Organ Donation ◽  
Social Marketing ◽  
Family Communication ◽  
Strong Influence ◽  
Family Members ◽  
Matched Pairs ◽  
Attitudes And Beliefs ◽  
Undergraduate University Students ◽  
The Individual

With the introduction of the Australian Organ Donation Register, responsibility regarding organ donation decisions primarily rests with the individual. However, family members can be instrumental in facilitating or hindering the rate of organ donation by objecting to or confirming the individual's wishes. Attitudes and beliefs of family members have been shown to be a strong influence on people's intentions to donate. Numerous studies have also demonstrated that family communication about organ donation can improve the rate of organ donation. We surveyed 23 matched pairs of undergraduate university students and their parents and found that attitudes to organ donation were positive and that there was a tendency for these dyads to give concordant responses regarding attitudes, level of family communication, and intent to donate. These findings have implications for improving Australia's organ donation rate, and recommendations for messages promoting organ donation are discussed.

scholarly journals Comparing organ donation decisions for next-of-kin versus the self: results of a national survey

BMJ Open ◽  
2021 ◽  
Vol 11 (11) ◽  
pp. e051273
Author(s):  
Christopher Weiyang Liu ◽  
Lynn N Chen ◽  
Amalina Anwar ◽  
Boyu Lu Zhao ◽  
Clin K Y Lai ◽  
...  
Keyword(s):  
Decision Making ◽  
Intensive Care ◽  
Organ Donation ◽  
Family Members ◽  
The Self ◽  
Organ Donors ◽  
Next Of Kin ◽  
Cross Sectional Survey ◽  
Cross Sectional ◽  
Major Barrier

ObjectivesIntensive care audits point to family refusal as a major barrier to organ donation. In this study, we sought to understand refusal by accounting for the decision-maker’s mindset. This focused on: (1) how decisions compare when made on behalf of a relative (vs the self); and (2) confidence in decisions made for family members.DesignCross-sectional survey in Singapore.SettingParticipants were recruited from community settings via door-to-door sampling and community eateries.Participants973 adults who qualified as organ donors in Singapore.ResultsAlthough 68.1% of participants were willing to donate their own organs, only 51.8% were willing to donate a relative’s organs. Using machine learning, we found that consistency was predicted by: (1) religion, and (2) fears about organ donation. Conversely, participants who were willing to donate their own organs but not their relative’s were less driven by these factors, and may instead have resorted to heuristics in decision-making. Finally, we observed how individuals were overconfident in their decision-making abilities: although 78% had never discussed organ donation with their relatives, the large majority expressed high confidence that they would respect their relatives’ wishes on death.ConclusionsThese findings underscore the distinct psychological processes involved when donation decisions are made for family members. Amidst a global shortage of organ donors, addressing the decision-maker’s mindset (eg, overconfidence, the use of heuristics) may be key to actualizing potential donors identified in intensive care units.

“Since I Must Please Those Below”

2015 ◽  
Vol 41 (4) ◽  
pp. 617-655 ◽  
Author(s):  
Thomas D. Holland
Keyword(s):  
Human Remains ◽  
Skeletal Remains ◽  
Next Of Kin ◽  
Ethical Guidelines ◽  
Human Skeletal Remains ◽  
Non Invasive ◽  
Western Law ◽  
The Individual ◽  
Effective Models ◽  
The Right

The ethics of non-invasive scientific research on human skeletal remains are poorly articulated and lack a single, definitive analogue in western law. Laws governing invasive research on human fleshed remains, as well as bio-ethical principles established for research on living subjects, provide effective models for the establishment of ethical guidelines for non-invasive research on human skeletal remains. Specifically, non-invasive analysis of human remains is permissible provided that the analysis and collection of resulting data (1) are accomplished with respect for the dignity of the individual, (2) do not violate the last-known desire of the deceased, (3) do not adversely impact the right of the next of kin to perform a ceremonious and decent disposal of the remains, and (4) do not unduly or maliciously violate the privacy interests of the next of kin.

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 Participacion de la familia en la ejecución del Programa Educativo Individual (PEI) en la escuela de lenguaje

2014 ◽  
pp. 71
Author(s):  
Luis Enrique Pincheira Muñoz
Keyword(s):  
Special Needs ◽  
Family Involvement ◽  
Family Members ◽  
Education Programme ◽  
Educational Process ◽  
Special Needs Education ◽  
Language Schools ◽  
The Individual ◽  
Individual Education ◽  
Special Language

  Resumen Estas reflexiones pretenden destacar que la participación de la familia es de vital importancia, por lo tanto, la escuela debe realizar esfuerzos significativos para involucrarla más allá de las tradicionales tareas que comparten en el proceso educativo. Para desarrollar un trabajo colaborativo es primordial que la escuela y familia trabajen en conjunto, la escuela es la encargada de abrir la puerta a la participación y compromiso de la familia en educación. El Profesor de Educación Diferencial debe involucrar a su familia para lograr la participación y colaboración para centrar esfuerzos en la implementación del Programa de Educativo Individual (PEI) conforme a lo establecido en el decreto 1300/02 que rige la Escuela Especial de Lenguaje, a través de actividades plasmadas en un cuaderno o carpeta específica. Palabras clave: Escuela Especial de Lenguaje, Programa Educativo Individual (PEI) Familia, Educador Diferencial. Family involvement in the implementation of the Individual Education Programme (IEP) at a language school Abstract The following reflections attempt to highlight the importance of family involvement and the need for schools to significantly include family members into the educational process of their children. Schools and families should work in collaboration and it is the school which must open spaces for family collaboration and commitment. The Professor of Special Needs Education must get family members involved in order to achieve participation and collaboration. This allows concentrating efforts on the implementation of the Individual Education Programme (IEP) as established by decree 1300/02 currently ruling special language schools through activities expressed in a specific notebook or folder. Keywords: Special Language Schools; Individual Education Programme (IEP); Family; Special Needs Educator.  

scholarly journals Comparing organ donation decisions for next-of-kin versus the self: Results of a national survey

2021 ◽  
Author(s):  
Christopher WY Liu ◽  
Lynn N Chen ◽  
Amalina Anwar ◽  
Boyu Lu Zhao ◽  
Clin KY Lai ◽  
...  
Keyword(s):  
Decision Making ◽  
Intensive Care ◽  
Organ Donation ◽  
Family Members ◽  
The Self ◽  
Organ Donors ◽  
Next Of Kin ◽  
Cross Sectional Survey ◽  
Cross Sectional ◽  
Major Barrier

Objectives: Intensive care audits point to family refusal as a major barrier to organ donation. In this study, we sought to understand refusal by accounting for the decision-maker's mindset. This focused on: (1) how decisions compare when made on behalf of a relative (versus the self); and (2) confidence in decisions made for family members. Design: Cross-sectional survey in Singapore. Setting: Participants were recruited from community settings via door-to-door sampling and community eateries. Participants: 973 adults who qualified as organ donors in Singapore. Results: Although 68.1% of participants were willing to donate their own organs, only 51.8% were willing to donate a relative's. Using machine learning, we found that consistency was predicted by: (i) religion, and (ii) fears about organ donation. Conversely, participants who were willing to donate their own organs but not their relative's were less driven by these factors, and may instead have resorted to heuristics in decision-making. Finally, we observed how individuals were overconfident in their decision-making abilities: although 78% had never discussed organ donation with their relatives, the large majority expressed high confidence that they would respect their relatives' wishes upon death. Conclusions: These findings underscore the distinct psychological processes involved when donation decisions are made for family members. Amidst a global shortage of organ donors, addressing the decision-maker's mindset (e.g., overconfidence, the use of heuristics) may be key to actualizing potential donors identified in intensive care units.

scholarly journals 當代中國家庭醫療決策的倫理策略——一個有關家庭醫療決策的案例研究

2017 ◽  
Vol 15 (2) ◽  
pp. 21-41
Author(s):  
Guobin CHENG
Keyword(s):  
Decision Making ◽  
Family Involvement ◽  
Filial Piety ◽  
Medical Information ◽  
Family Members ◽  
Confucian Ethics ◽  
Medical Decision ◽  
Medical Decisions ◽  
The Family ◽  
Family Decision

LANGUAGE NOTE | Document text in Chinese; abstract also in English.在當代中國家庭醫療決策過程存在以下幾個特點：第一，病人的自主權並未完全消失，但其實現程度和方式受到了諸多限制；第二，對病人的行為能力和權利限度的判斷上存在家長主義和後果論的特徵，在一定程度上構成了對病人權利的剝奪；第三，病人的最大利益和個人意願仍然是決策依據的重要方面，但對這兩者的解讀體現出了偏重客觀利益和共用價值觀的特點，又受到家庭具體權力結構的影響。在家人做出最終決策的形式背後隱藏著諸多豐富的細節，家庭醫療決策是一個傳統與現代、家庭與個人價值觀共同作用的複雜過程，用任何一個單一的理論模型都很難說清它的本來面貌。This essay points out that informed consent in China today is often replaced by the “family decision” model, which is designed to embody Confucian family ethics and maximize the benefit of family involvement in medical decision making. The author, a physician, uses a specific case he encountered when treating an elderly woman with late-stage colon cancer. Because the patient did not know the whole truth of her condition, most of the medical decisions regarding her treatment were made by her children. Ideally speaking, a “family decision” means that both the patient and his/her close family members will be involved in the decision-making process. Yet, the author’s experiences show that in most cases, decision-making responsibilities shift from the patient to the family, especially when the patient is an elderly parent. Theoretically speaking, the Confucian ethics of humanness (ren) and filial piety (xiao) support family as the most appropriate authority for medical decisions. However, in reality, the author finds that this could be problematic when family members hide medical information from the patient—sometimes with cooperation from the physician. The essay recommends that more respect and autonomy should be given to the patient if the “family decision” policy is truly implementedDOWNLOAD HISTORY | This article has been downloaded 202 times in Digital Commons before migrating into this platform.

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