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 倫理學的辯護和支持: 放棄治療

2000 ◽  
Vol 3 (1) ◽  
pp. 111-126
Author(s):  
Zhizheng DU
Keyword(s):  
Necessary Condition ◽  
Chinese Society ◽  
Medical Sciences ◽  
Incurable Disease ◽  
Digital Commons ◽  
Futile Treatment ◽  
Administrative Procedures ◽  
The Right ◽  
Society Today ◽  
Medical Situation

LANGUAGE NOTE | Document text in Chinese; abstract also in English.儘管醫學在飛速進步，但由於種種原因，放棄治療在臨床中有日益增多的趨勢。放棄治療是人們的一種理性選擇。合理的放棄治療是醫學人道主義在某種特殊情況下的理性表現。區分放棄治療的不同情況，正確界定放棄治療的範圍，合理選擇放棄治療的措施，確保不發生不應放棄治療的病人被放棄，在全過程中始終尊重病人的自主權，妥善處理對於是否放棄中的分岐，並維護病人的整體利益，是履行放棄治療中倫理學應予充分注意的問題。Many believe that giving up treatment always conflicts with physicians' duty and responsibility. However, although societies have achieved the rapid advancing of medical sciences and technologies, and although patients and families sometimes want to maintain life-sustaining interventions at any cost, renunciation of futile treatment remains an unavoidable issue facing physicians in their clinical practice. This is especially the case for Chinese society today. This paper argues that withdrawing life-sustaining therapy is not always opposite to moral requirement.Specifically, the paper explores the following important issues around the decision making of renouncing treatment. First, in what medical situation does the patient and the family's request for withdrawing treatment should be granted by the physician? this paper contents that a necessary condition must be that the patient suffers an incurable disease. Second, who has the right to make the decision of renouncing treatment? This paper argues that, in considerations of Chinese ethical and societal character, some practical measures should be establishes in Chinese society medical and moral consideration should all be balanced and integrated. Finally, in order to avoid unnecessary ambiguities and disputes, this paper suggests that legal and administrative procedures and guidelines should be adopted regarding the decision of renouncing treatment.DOWNLOAD HISTORY | This article has been downloaded 31 times in Digital Commons before migrating into this platform.

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 齊家之道，要在功夫

2013 ◽  
Vol 11 (2) ◽  
pp. 109-112
Author(s):  
Hongwen LI ◽  
Yali CONG
Keyword(s):  
Main Argument ◽  
Traditional Family ◽  
Digital Commons ◽  
The Family ◽  
The World ◽  
Family Decision ◽  
Family Decision Making ◽  
Surrogate Decision ◽  
The Right ◽  
Family Centered

LANGUAGE NOTE | Document text in Chinese; abstract in English only.Professor Ni’s paper, “The Way of the Family and the Gongfu of Regulating the Family,” tells us that the right way to regulate the family, the country, and the world relies on self-cultivation. Prof. Ni’s insightful description indicates that there is a misunderstanding of “authority” and absolute obedience, and proposes a healthy way of understanding respect for authority as “helping those to grow well”. Prof. Ni is confident of the advantages of the traditional family-centered life. In response to the example regarding informed consent and family decision making, the authors comment that Professor Ni ultimately depends on the competent parent who can grasp the skill and art of “balance and right”. How, though, can we expect and rely on such a person existing? This point is the main argument of this review. The Confucian notion of family embodies many functions, including the excellent core values of “love, trust, safety, etc,” but family cannot hold the responsibility for everything, including totally surrogate decision making.DOWNLOAD HISTORY | This article has been downloaded 37 times in Digital Commons before migrating into this platform.

CHARACTERISTICS OF THE REAL LEGAL BASIS FOR THE OWNERSHIP AND USE OF HOUSING

2021 ◽  
Vol 6 (6) ◽  
pp. 30
Author(s):  
Mukhayo Ashurova ◽  
Keyword(s):  
Family Members ◽  
Clear Definition ◽  
Legal Basis ◽  
The Real ◽  
Home Owner ◽  
Legal Structure ◽  
The Family ◽  
Definition Of ◽  
The Right

The right to own and use housing primarily belongs to the owner and his family members. When exercising their right to housing, the owner and his family members interact within the limits of their powers established by law. At the same time, when realizing the rights of these subjects to housing,there are certain legal constructions. If the owner exercises the right to own and use the house in accordance with thestructure of the ownership right, then the family members of the owner and other persons entitled to reside in the house have the right to usufruct. A usufruct structure is a material and legal structure for the use of housing, in which the user's right arises on the basis of objective norms established by law. Thus, the regulation of usufruct at the legislative level, a clear definition of the mutual rights and obligations of the home owner and his users serve to prevent various disputes thatmay arise

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.

15. Protecting Family Life

2017 ◽  
Author(s):  
Bernadette Rainey ◽  
Elizabeth Wicks ◽  
Andclare Ovey
Keyword(s):  
Human Rights ◽  
Family Life ◽  
European Convention ◽  
The Family ◽  
Definition Of ◽  
The Right ◽  
Article 5

This chapter examines the protection of family life under Article 8 of the European Convention on Human Rights, as well as Article 12 and Article 5 of Protocol 7. It discusses the definition of family life, custody, access and care proceedings, adoption, and the right to marry. It also discusses particular issues arising in relation to the family life of non-nationals and prisoners.

scholarly journals EVOLUTION OF SCIENTIFIC AND THEORETICAL VIEWS ON THE CONCEPT AND ROLE OF LEADERSHIP IN THE MANAGEMENT OF A MODERN ENTERPRISE

2021 ◽  
Author(s):  
Olena Taran-Lala ◽  
Tymur Ishcheikin ◽  
Yevgen Ishcheikin
Keyword(s):  
Final Decision ◽  
Emotional Climate ◽  
Economic Management ◽  
Team Members ◽  
Economic Relations ◽  
Modern Enterprise ◽  
Collective Decisions ◽  
Definition Of ◽  
The Right

The actuality of the research is determined by the fact that in the conditions of increasing competition, intellectualization of economic relations and a certain weakening in this regard of the importance of traditional factors of production to ensure economic development and improve the efficiency of enterprises, the task of strengthening the role and using the capabilities of economic management methods is increasingly actualized, there is a need to think strategically and manage using the best management methods from domestic experience and adapt the progressive achievements of foreign achievements. Effective management of the organization's personnel, and due to this, obtaining high socio-economic results of management in the unstable economic situation in the country and the world as a whole, is a key aspect of their success today. Many domestic and foreign scientists have been studying the phenomenon of leadership from the middle of the 20th century to the present, but still have not come to a single definition of this concept. The role of a leader in the management process cannot be overemphasized. After all, a leader is not just a manager who manages the organization and gives instructions to employees, he is a person who is able to lead employees, be an example for subordinates and gain his followers. We have studied the main properties of leadership, namely: making collective decisions, constantly striving for change, focusing on the qualitative indicators of the team's activities, working on the principle of equality in the team. The views of scientists on the phenomenon of leadership are systematized in accordance with the interpretation of this concept. Leadership functions and their purpose are defined. We also studied the functions of leadership, namely: representative, administrative, planning, motivational, regulatory, etc. It is proposed to define leadership as a constant process of interaction between the leader and team members, which focuses on the psycho-emotional climate in the team and focuses on the spiritual interaction of the leader and team members, the objects of which are thoughts and emotions of each team member, reserving the right to make the final decision after leader.

15. Protecting Family Life

2020 ◽  
pp. 376-406
Author(s):  
Bernadette Rainey ◽  
Pamela McCormick ◽  
Clare Ovey
Keyword(s):  
Human Rights ◽  
Family Life ◽  
European Convention ◽  
Child Abduction ◽  
International Child ◽  
The Family ◽  
Additional Protection ◽  
Definition Of ◽  
The Right ◽  
Article 5

This chapter examines the protection of family life under Article 8 of the European Convention on Human Rights, as well as the additional protection found in Article 12 and Article 5 of Protocol 7. It discusses the definition of family life and the positive obligations inherent in the right to ‘respect’. It also examines issues such as assisted reproduction and surrogacy, custody, access and care proceedings, international child abduction, adoption, inheritance rights, and the particular issues which arise in relation to the family life of non-nationals and prisoners. In addition, it addresses the right to marry and the right to equality between spouses.

scholarly journals ‘Den nye kvinde’ i det tidlige 1900-tals kulturdebat og litteratur

2016 ◽  
Vol 55 ◽  
pp. 213
Author(s):  
Lise Busk-Jensen
Keyword(s):  
New Woman ◽  
Early Period ◽  
Social Situation ◽  
Active Role ◽  
Love Relationships ◽  
The New Woman ◽  
Woman's Rights ◽  
Definition Of ◽  
The Right ◽  
Gender System

Lise Busk-Jensen: ‘The New Woman’ in the early 1900s cultural debate and literature In the latter half of the nineteenth century, men expanded their political and social liberties of action to such an extent that they undermined the patriarchal marriage and the traditional gender system. It provoked a heated cultural debate about women’s changing social situation and new identity. After the turn of the century, the fight for the right to vote became the major goal of woman’s rights movements, but opinions were divided concerning the definition of a modern woman and how she could best be included in society. In particular, the article deals with two of the major debates from the first decade of the twentieth century; namely the discussion in 1905 about Gyrithe Lemche’s criticism of Agnes Henningsen’s novels for solely focussing on women’s erotic identity, and the discussion in 1907 about the theatre censorship that banned the staging of Hjalmar Bergstrøm’s play Karen Bornemann about women’s right to enjoy sexual relations outside of marriage. Female writers joined in the debate and contributed with their own literary depictions of ‘the new woman.’ Agnes Henningsen’s heroines would be erotically liberated and would play an active role in their love relationships. Thit Jensen’s heroines would uncover a personal identity and publicly fight for their opinions. Gyrithe Lemche would create space for women’s abilities and motherly experience in the community, while Karin Michaëlis was intent on providing the numerous silent women, young ignorant girls and oppressed housewives with their own voice in literature. The article shows the positions of the gender debates and analyses women types in the four authorships’ early period as a spectrum of the possibilities created by women’s life outside of the family.

scholarly journals [MANIFESTATIONS OF MERCY IN THE SOCIAL RIGHTS OF WOMEN FROM AN ISLAMIC PERSPECTIVE AND COMPARISON WITH WESTERN CIVILIZATIONS] مظاهر الرحمة في الحقوق الاجتماعية للمرأة من منظور إسلامي ومقارنتها بالحضارات الغربية

2020 ◽  
Vol 4 (1) ◽  
pp. 65-74
Author(s):  
Afaf Salman ◽  
Wan Mohd Yusof Wan Chik ◽  
Faruk Abdullah
Keyword(s):  
Muslim Women ◽  
Social Rights ◽  
Inductive Approach ◽  
The Social ◽  
The Family ◽  
Islamic Religion ◽  
Definition Of ◽  
The Right ◽  
Shed Light

The study aimed to shed light on the manifestations of mercy in women's social rights in Islam and see the situation of women in ancient civilizations. This study belongs to the pattern of studies estimating the situation based on the analytical inductive approach. It is one of the most important methods of scientific research, and the inductive approach relies on scientific observation, whereby texts and opinions related to the social rights of women are traced and then analyzed and inferring aspects of mercy in them in order to reach a complete perception of this study. The results of the study showed that the Islamic religion is the only one that strengthened the position of women, honored them, and gave them all their rights completely in a way that suits her natural fit compared to the situation of women in other civilizations. The researcher concluded that compassion is a basic principle with all the meanings of charity and softness away from the hardship in our true religion. The features of mercy were represented by the woman’s sense of psychological comfort and her sense of being and existence, giving her the right to self-determination like the right to choose a husband. These rights are based on stability and harmony, which contribute to the family achieving its goals. The study reached a set of conclusions, the most prominent of which is the definition of the landmarks of mercy in all areas related to women in our true religion, holding international conferences and symposia to be a tool for advocating the religion of God and working to make Muslim women aware of their rights and duties by educating spouses and everyone who is about to build a family in order to build informed and healthy Islamic societies, and activating the role of Muslim women and protecting their rights from being swept away in the current of Western culture                                                                                                              هدفت الدراسة إلى تسليط الضوء على مظاهر الرحمة  في الحقوق الاجتماعية المرأة في الإسلام والاطلاع على وضع المرأة في الحضارات القديمة، حيث تنتمي هذه الدراسة إلى نمط الدراسات تقدير الموقف بالاعتماد على المنهج الاستقرائي التحليلي، وهو منهج من أهم مناهج البحث العلمي، ويعتمد المنهج الاستقرائي على الملاحظة العلمية، حيث يتم تتبع النصوص والآراء المتعلقة بالحقوق الاجتماعية للمرأة ومن ثم تحليلها واستنتاج مظاهر الرحمة فيها للوصول إلى تصور كلي لهذه الدراسة، حيث أظهرت نتائج الدراسة أن الدين الإسلامي هو الوحيد الذي عزز مكانة المرأة وأكرمها وأعطاها كافة حقوقها غير منقوصة بما يلائم فطرتها الطبيعية مقارنة مع وضع المرأة في الحضارات الأخرى، وتوصلت الباحثة إلى أن  الرحمة هو مبدأ رئيس بكل ما تحتوي من معاني الإحسان واللين بعيدا عن المشقة في ديننا الحنيف، وتمثلت معالم الرحمة من خلال شعور المرأة بالراحة النفسية وإحساسها بكيانها ووجودها، وإعطائها الحق في تقرير مصيرها مثل الحق في اختيار الزوج، فهذه الحقوق تؤسس إلى الاستقرار والانسجام مما يساهم في تحقيق الأسرة لأهدافها، وقد توصلت الدراسة إلى مجموعة من الاستنتاجات من أبرزها التعريف بمعالم الرحمة في جميع المجالات والمتعلقة بالمرأة في ديننا الحنيف، وعقد المؤتمرات والندوات الدولية لتكـون أداة مـن أدوات الدعوة إلى دين الله والعمل على توعية المرأة المسلمة بحقوقها وواجباتها وذلك بتوعية الزوجين ولكل من هو مقبل على بناء أسرة من أجل بناء مجتمعات إسلامية واعية وصحية، وتفعيل دور المرأة المسلمة وحماية حقوقها من الانجراف في تـيار الثقافة الغربية.

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