Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 153-172 |
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Ghasempour A, Sadeghi Moghadam M H. Relational and Individual Autonomy of the Patient from Consequentialist Point of View. MLJ 2023; 17 (58) :153-172
URL: http://ijmedicallaw.ir/article-1-1620-en.html
URL: http://ijmedicallaw.ir/article-1-1620-en.html
1- Department of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
Abstract:
Background and Aim: The need to respect patients' autonomy is one of the principles of medical ethics. The content of this principle can be seen in different forms and expressions both in Deontology and Consequentialism, but it's position and moral and legal obligation does not seem to be the same in each of them. Therefore, the authors of this article, as the research aim, examine the position of autonomy in the consequentialist approach and compare it with the same concept in other ethical approaches.
Methods: This research is a theory and the research method is descriptive-analytical and the method of collection is library and it is information by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, hoesty and fidelity have been observed.
Results: Autonomy is traditionally recognized in the Deontological view, but it is not mentioned under this title in the consequentialist approach. On the other hand, what is known as "individualism" in consequentialism is largely related to the principles of Autonomy. Also, a new reading of autonomy, called Relational Autonomy, can be seen in the literature of medical ethics and law, along with traditional (individual) autonomy.
Conclusion: What is known as Individuality in consequentialism "from an internal and self-determining point of view" is valuable and has less legal aspect than autonomy. Also, the authors of the article have introduced a new reading of autonomy called relational autonomy next to traditional (individual) autonomy. In the new reading, the patient's decisions in important and decisive matters of treatment, instead of relying on the patient, are made in a relational manner and by obtaining opinions from his relatives and family and even in some cases from consultants and medical practitioners.
Please cite this article as:
Ghasempour A, Sadeghi Moghadam MH. Relational and Individual Autonomy of the Patient from Consequentialist Point of View. Medical Law Journal. 2023; 17(58): e13.
Methods: This research is a theory and the research method is descriptive-analytical and the method of collection is library and it is information by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, hoesty and fidelity have been observed.
Results: Autonomy is traditionally recognized in the Deontological view, but it is not mentioned under this title in the consequentialist approach. On the other hand, what is known as "individualism" in consequentialism is largely related to the principles of Autonomy. Also, a new reading of autonomy, called Relational Autonomy, can be seen in the literature of medical ethics and law, along with traditional (individual) autonomy.
Conclusion: What is known as Individuality in consequentialism "from an internal and self-determining point of view" is valuable and has less legal aspect than autonomy. Also, the authors of the article have introduced a new reading of autonomy called relational autonomy next to traditional (individual) autonomy. In the new reading, the patient's decisions in important and decisive matters of treatment, instead of relying on the patient, are made in a relational manner and by obtaining opinions from his relatives and family and even in some cases from consultants and medical practitioners.
Please cite this article as:
Ghasempour A, Sadeghi Moghadam MH. Relational and Individual Autonomy of the Patient from Consequentialist Point of View. Medical Law Journal. 2023; 17(58): e13.
Type of Study: Original Article |
Received: 2023/03/11 | Accepted: 2023/04/29
Received: 2023/03/11 | Accepted: 2023/04/29
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