Paternalism is the interference of a state or an individual with another person, against their will. The practice of paternalism is usually justified on the grounds that the interference is necessary as the person or persons affected would be better off, or protected from harm as a result of the rule, policy, or action (Dworkin, 2002). The concept of paternalism invites a great deal of controversy and debate because although the stated intention is benevolent, paternalism assumes that the enforcer possesses a larger wisdom than the person being interfered with (Suber, 1999). Indeed, it is this premise that leads to parents running interference with their children or governments legislating on a wide range of issues such as abortion, euthanasia, same-sex marriages, substance abuse etc. While, no doubt, paternalism is necessary in some instances, its practice in others appears to be highly questionable and an unnecessary violation of individual liberty. Indeed,…...
mlaReferences
Dworkin, G. (2002). Paternalism. Stanford Encyclopedia of Philosophy. Retrieved July 1, 2004 at http://plato.stanford.edu/entries/paternalism/
Suber, P. (1999). Paternalism. Earlham College. Retrieved July 1, 2004 at http://www.earlham.edu/~peters/writing/paternal.htm
PaternalismPaternalism is about limiting the rights of people forcefully. It includes stopping them from voicing their concerns and fears as well as suppressing their subordinates with coercion in any form (Goldman and Goldman 65). In his book On Liberty, J.S. Mill argues that no society is considered perfect where paternalism is practiced at any level as it reduces mutual respect. No one would be authorized as free due to the non-existence of absolutism and qualifications. This paper aims at presenting arguments on the topic Why does J.S. Mill think we need to hear both sides of an argument? The paper supports J.S. Mills notion, and for that, certain arguments are elaborated in the paper. Finally, examples and critical debates are put forward in support of the position.J.S. Mill has cited that arguments shall be allowed to hear by the government and the doctrine (Mill 18). I support the same notion…...
mlaWorks Cited
Dworkin, Gerald. \\\\\\"Paternalism.\\\\\\" Monist, vol. 56, no. 1, 1972, pp. 64–84., doi:10.5840/monist197256119.
Goldman, Alan H., and Michael N. Goldman. \\\\\\"Paternalistic Laws.\\\\\\" Philosophical Topics, vol. 18, no. 1, 1990, pp. 65–78., doi:10.5840/philtopics199018116.
“Libertarian Paternalism .” Libertarian Paternalism Is Not an Oxymoron, by Cass R. Sunstein and Richard H. Thaler, The Law School, University of Chicago, Chicago, IL, 2003, pp. 175–179.
On liberty, by John Stuart Mill, Batoche Books, 2001, pp. 13–86.
Where, he is taking an actual example by: showing the immediate problems facing the school system and how this approach is creating positive changes. These different elements are important, because they are underscoring the way that the cause and effect approach, is used in combination with deductive reasoning. (Will, 2008)
The Impact of this Method in Supporting the Different Ideas
The impact of this approach is that Will is making very sound arguments, as he is discussing how these ideas could improve the quality of education that is being provided. This was effective at helping to illustrate how this approach is addressing one aspect of: the problem and should be embraced in the future. As a result, the information that was presented is relevant, because it helps the reader to see how other ideas could have an impact on education. Once this occurs, it means that other ideas and approaches could…...
mlaBibliography
"Cause and Effect." University of Minnesota, 2006. Web. 28 Feb. 2011.
"Deduction." The Free Dictionary, 2011. Web. 2 Mar. 2011
"Parentalism." The Free Dictionary, 2011. Web. 28 Feb. 2011.
Nursing and Ethics
The emotional debate over abortion had been mischaracterized in the media, and hence disrupted any positive attempt to make progress in resolving the ethical and medical problems which have been created by the practice. A majority of Americans recognize and desire that abortion should be available when the life of the mother is at risk, or in the cases of rape or incest. However, liberal proponets like to expand this definition under the ubiquitous definition of the 'mothers health' which has been used to justify abortion on demand, for any reason. This latter expanded definition is significantly opposed by a majority of the ameircan population. In the midst of this struggle, comes the person needing medical care, who has neither been properly informed as to the dangers of the paractive, nor adequately counseled as to the options which exist regarding the future of her unborn child. The public…...
mlaResources
O'rourke, Kevin. PROXY CONSENT: DECIDING FOR OTHERS October 1980 accessed 23 April 2004. Available from: http://www.op.org/domcentral/study/kor/80100202.htm .
Bernard Lo, (July 2, 1987) "Behind Closed Doors: Promises and Pitfalls of Ethics Committees." NEJM 317;46.
Toward a More Natural Science, (1985) New York: Free Press,; p.211.
Curzer, Howard J. (6/22/1993) Fry's concept of care in nursing ethics. (response to Sara T. Fry, Hypatia, vol. 4, no.2, p.88, 1989) Hypatia.
The slaveholder was the "father" who needed to take care of his slaves spiritual and material needs, and to protect him or her.
Early in the nineteenth century, slaveholders began to view their slaves as property that needed protecting. Conditions improved slightly and slaves were given better food, clothing and housing. This was not done out of kindness, but because of a need to protect their property. Eventually laws were passed in southern states that limited the physical punishment that slaveholders could inflict upon slaves, and set the age at which slaves could be separated from their mothers.
Slavery needed to be protected from capitalism and democracy because these forces were inherently in opposition to slavery. Democracy declared all men equal before the law, but Paternalism provided the basis for a justification by saying these were not men, but some inferior being that needed to be ruled by whites. Slavery could…...
mlaWhite northerners of all classes were opposed to slavery, but were overwhelmingly not abolitionists. Only about one percent of the white population would have called for an end to slavery by 1850. In the 1840s, the term anti-slavery came to mean opposition to expansion of slavery, but not abolition in states where it already existed.
White northern workers viewed slaves as a threat. How could they sell their services for wages when slaves worked for free? Equating them with slaves also diminished their social standing. White capitalists were opposed to slavery because they saw that the capital resources devoted to slavery could be better used elsewhere. Northerners of all classes wanted the western states to be Free because they needed the support of the west in expanding the power of the federal government, something that would not happen if the western states became Slave states.
Most northerners realized that the South would never give up slavery willingly. They knew that unless the South would accept an arrangement to pay for slaves (which would have been very costly), it would take armed conflict to remove slavery, and they were unwilling to resort to that. They just did not want to pay the costs necessary to end slavery. The North also had a vested interest in continuing slavery in the South. The cotton plantations provided ample amounts of cheap cotton for northern mills. Without slavery, this might not have been available, and northern industrialists would have had to look elsewhere for more costly alternatives. Northern wage earners also feared that the end of slavery in the South would mean a large influx of southern blacks to northern cities (which did eventually happen), providing competition for jobs and lowering wages. Farmers also were opposed to ending slavery. They did not want to compete with blacks for free land. So, while northerners did not want to see slavery expanded any further, they also did not want it to go away.
Medical ethics and rules like the Hippocratic oath are fairly clear-cut when applying them to real-world solutions and situations. However, there are some situations where the "right answer" can be elusive and people will sometimes go against their own self-interest. Such seems to be the case with Mr. Simpson. He has weak lungs and his doctors and family morbidly fear that if/when he gets the flu again, it will literally kill him. However, even with this being the case, Mr. Simpson refuses to get the flu show under the auspices that he could end up getting the flu as a direct result of the shot despite assurances that this will not happen. Of course, this can absolutely happen in real life but that argument is not a factor in this case study as it is assumed he cannot possibly contract the virus. While Mr. Simpson is obviously not making the…...
conservative intellectual movement, but also the role of William uckley and William Rusher in the blossoming of the youth conservative movement
Talk about structure of paper, who not strictly chronologically placed (ie hayek before the rest) - in this order for thematic purposes, to enhance the genuiness of the paper (branches of the movement brought up in order of importance to youth conservative revolt) For instance, Hayek had perhaps the greatest impact on the effects of the movement - uckley and Rusher. These individuals, their beliefs, their principles were extremely influential in better understanding the origins, history, and leaders of American conservatism.
Momentous events shape the psyche of an individual as the person matures. A child grows up in poverty vows to never be like his parents, and keeps this inner vow to become a millionaire. A young woman experiences sexual trauma as a teen, and chooses a career that builds…...
mlaBibliography
George Nash, The Conservative Intellectual Movement in America Since 1945 National review online The Origins of Conservatism George Mc Ginnishttp://www.nationalreview.com/22dec97/mcginnis122297.html .
Volume Library #2, p. 2146
Schneider, Cadres for Conservatism
McGinnis, National Review Online
In Chapter III, Douglass explains how some of the positive paternal thoughts have come about: Fear of retaliation. Slaves know that acting in any negative manner can possibly bring beatings or even death. Therefore, it is not surprising that "slaves, when inquired of as to their condition and the character of their masters, almost universally say they are contented, and that their masters are kind." Further, many swayed by this prejudice, actually begin to believe that their masters are better than others. Sadly, added Douglass, this often leads to slave against slave, where each thinks he is the better because he has the "better" and kinder master.
Douglass condemns those blacks who foolishly believe they are better because of their master's status. While there is mostly natural connection among slaves, he notes, the system leads to disagreement among slaves. Masters promote one slave to betray another: For example, a traitor even…...
mlaOne cannot write about Douglass' autobiography without mention of his comments on religion. Those who most closely follow such Scripture as "He that knoweth his master's will, and doeth it not, shall be beaten with many stripes" or the likes of Master Thomas who "was one of the many pious slaveholders who hold slaves for the very charitable purpose of taking care of them" (Chapter IX) believe that they are indeed doing something "in the best interests" of their slaves. The greatest fraud of positive paternalism notes Douglass are the religious holidays. "They do not give the slaves this time because they would not like to have their work during its continuance, but because they know it would be unsafe to deprive them of it" (Chapter 10).
Based on Douglass' book, it does not appear that there is much difference between the two forms of paternalism. Some people may see that one is more positive than the other -- that one type of paternalism is acting on behalf of the slaves or, as it is said, in their best interests. However, it does not seem that either of these forms of paternalism is right. They both see slaves as second-class citizens who cannot form their own opinions or live without the support of others. Why bother to debate which approach is better, when paternalism is not wrong, regardless of how it is defined?
Douglass, Frederick. Narrative of the Life of Frederick Douglass, an American Slave. Berkley SunSite. Retrieved from website June 16, 2006. http://sunsite.berkeley.edu/Literature/Douglass
Patient Autonomy
The concept of patient autonomy, as opposed to medial paternity, is one that has gained much ground in recent years; "... about 30 years ago, issues began to appear that were difficult to solve using traditional ethics. New medical and reproductive technologies, research controversies, and a societal ethos that questioned all authority posed difficult questions." (Czaplyski, Larry, 2002)
At issue in this paper is the meaning and significance of patient autonomy and the way in which is relates to medical paternity. As the discussion will outline, the case for patient autonomy is not only ethically valid but also essential for the moral and practical balance in the medical profession. Underlying this view is the fact that the issue of patient autonomy does not exist in isolation or in the medical field alone - but relates to other issues and ethical problems in the society at large. These larger issues…...
mlaBibliography
Bernstein Maurice, (2004) Social/Political Paternalism vs. Patient Autonomy.
Retrieved October 4, 2004 from Bioethics Discussion Blog: Web site: http://bioethicsdiscussion.blogspot.com/2004/07/socialpolitical-paternalism-vs.-patient.html
Bradley, Gerard V. (1989). "Does autonomy require informed and specific
Refusal of life-sustaining medical treatment." Issues in Law & Medicine, December 22, 1989. Czaplyski, Larry. (2002)
Like alcohol, tobacco use is prohibited by minors but permitted by adults. Also like alcohol, tobacco use is detrimental to the health of the user, except even more so.
Whereas alcohol consumption generally benign and only acutely harmful when it is overused, tobacco use (especially in the form of cigarettes) is extremely dangerous for practically all users. This is simply a function of the fact that "typical" use of tobacco entails physical addiction to nicotine, its primary active ingredient. For this reason, it is very rare for smokers to use tobacco too infrequently to become chronic daily users
In contrast, most alcohol users do not partake so often that it compromises their physical health.
The dramatic long-term medical consequences of long-term tobacco use are universal as well as predictable; in fact, the medical community is united in the position that tobacco use causes more preventable illness and death than all forms of criminal…...
mlaReferences
Brecher, E.M. (1972) Licit and Illicit Drugs: The Consumers Union Report.
Boston: Little, Brown & Co.
Dershowitz, a. (2002) Shouting Fire: Civil Liberties in a Turbulent Age
New York: Little Brown & Co.
S.
Conclusion:
Like alcohol and tobacco, marijuana has been consumed in human societies for thousands of years, and likely since before recorded history. Also like alcohol and tobacco products, marijuana is associated with certain dangers that warrant appropriate government paternalism in the form of legislation prohibiting its use by minors, regulating its manufacture and sale to ensure its relative safety and quality, and preventing the use of any substances capable of altering human perception in connection with the operation of motor vehicles. However, there is no logical basis whatsoever for distinguishing between alcohol and marijuana in terms of criminal legislation, and both substances are considerably less harmful to human health in the manner of their typical consumption than tobacco products.
Instead of subjecting marijuana users to criminal prosecution, government authorities should simply apply the same approach to marijuana as has been traditionally applied to alcohol and tobacco. The Prohibition era of American history…...
mlaBibliography
Brecher, E.M. (1972). Licit and Illicit Drugs: The Consumers Union Report. Boston: Little, Brown & Co.
Dershowitz, a. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York: Bantam Books.
Drug Policy Alliance. (2008). Medicinal Marijuana. Retrieved February 17, 2009 from the Drug Policy Alliance website, at http://www.drugpolicy.org/marijuana/medical/
Friedman, a. (2005). A History of American Law. New York: Touchstone.
Culture and Counseling
In her book The Spirit Catches You and You Fall Down, author Anne Fadiman recounts the life and death of a little Hmong girl living in Merced, California. Lia Lee had what Western doctors call epilepsy, and which the Hmong have a far more lyrical explanation that lends itself to the title of Fadiman's book. The most common neurological disease, epilepsy can be frightening and potentially debilitating. However, in cultures around the world and throughout time, from the Hmong to the ancient Greeks, epilepsy opens pathways to creativity and an increased understanding of the universe. Thus, as Fadiman points out, many epileptics become shamans. When Lia Lee first started having epileptic seizures, her mom Foua, speaking not a word of English, rushed her to the Merced Community Medical Center. There, doctors tended to the eight-month-old child as best they could under the circumstances. Because all she was doing…...
Gallant, J. (2016). Alleged sex abuse victim's fight for justice turns into bureaucratic nightmare. Toronto Star. 2 Dec, 2016. Retrieved online: https://www.thestar.com/news/gta/2016/12/02/alleged-sex-abuse-victims-fight-for-justice-turns-into-bureaucratic-nightmare.html
In this article, Gallant (2016) describes the ongoing legal battle between Sveta Kholi and her former neurologist, Paul O'Connor. Kholi has accused O'Connor of sexual abuse. After the complaint was lodged formally, a complex bureaucratic process ensued whereby the entire case appears to have been stalemated. The College of Physicians and Surgeons of Ontario has a committee that formally handles complaints, and the Health Professions Appeal and Review Board (HPARB) is a civilian body that hears appeals specifically from that very same College of Physicians and Surgeons of Ontario.
However, the bureaucratic complications become even trickier. According to the journalist, the College of Physicians and Surgeons also has an Inquiries, Complaints and Reports Committee. The HPARB has ordered on two separate occasions for the Inquiries, Complaints, and Reports Committee to…...
In other cases, preserving confidentiality or entrusting the doctor with treatment-related decisions may be in the best interest of the patient and his or her family or community. Health care workers should carefully weigh consequences, in light of deontological ethics and institutional regulations.
Health care professionals working with patients with HIV / AIDS must be careful to temper consequentialism with deontology, to balance the psychological needs of the patient for confidentiality and autonomy with the practical needs of public health; or to balance the physical needs of a patient with HIV / AIDS with medical paternalism. Furthermore, discrimination against patients with HIV / AIDS is commonplace and often occurs inadvertently. Health care workers are obliged to confront their own biases regarding HIV / AIDS because to withhold adequate treatment is to violate a series of ethical principles including those based on deontology and on utilitarianism. For example, a health care…...
mlaWorks Cited
Johnston, Carolyn and Slowther, Anne. "Patient Information and Confidentiality." UK Clinical Ethics Network. Sept 2003. Retrieved Sept 15, 2006 at http://www.ethox.org.uk/Ethics/econfidential.htm
Hamblin, Julie. "People Living with HIV: The Law, Ethics, and Discrimination." UNDP Issue Paper No. 4. Retrieved Sept 15, 2006 at http://www.undp.org/hiv/publications/issues/english/issue04e.htm
Ruddick, William. "Medical Ethics." Encyclopedia of Ethics. Lawrence and Charlotte Becker, Eds. 2nd edition. Garland, 1998. Retrieved Sept 15, 2006 at http://www.nyu.edu/gsas/dept/philo/faculty/ruddick/papers/medethics.html
Ethical Analysis #2
Nursing Issue/Dilemma
Nurses face dilemmas of an ethical nature on a regular basis. This effectively means that from time to time, nurses are called upon make ethical decisions -- decisions that could have a huge impact on the well-being of patients. One of the current ethical issues being faced by nurses is whether or not to lie to patients. ecently, it was revealed that psychiatrists and nurses caring for dementia patients were actively practicing what Williams (2013) refers to as "therapeutic lying" in an attempt to keep the said patients happy. As a matter of fact 98% of nurses, as William further points out, admitted to lying to dementia patients. The question that ought to be answered in this case is; should nurses withhold some potentially upsetting information about diseases that happen to be life-threatening?
B. Ethical Principles and Theories at Issue
The ethical principles at work in this case are…...
mlaReferences
American Medical Association -- ANA (2014). Short Definitions of Ethical Principles and Theories: Familiar Words, What do they Mean? http://www.nursingworld.org/mainmenucategories/ethicsstandards/resources/ethics-definitions.pdf
Corner, J. & Bailey, C.D. (eds.) (2009). Cancer Nursing: Care in Context (2nd Ed.). Malden, MA: John Wiley & Sons.
Williams, A. (2013). Dementia sufferers told white lies to keep them happy: Nurses and psychiatrists admit 'therapeutic lying' to confused patients. Retrieved from http://www.dailymail.co.uk/health/article-2410811/Dementia-sufferers-told-white-lies-happy-Nurses-psychiatrists-admit-therapeutic-lying-confused-patients.html
Gender Matters in the Insanity Defense: Exploring the Interplay of Gender, Mental Illness, and Legal Outcomes
The insanity defense, a legal doctrine that seeks to exempt individuals from criminal responsibility due to their mental state, has long been a contentious issue in criminal justice. However, one aspect of this defense that has received less attention is the influence of gender on its application and outcomes. This thesis posits that gender plays a significant role in the insanity defense, shaping both the perception of mental illness and the legal treatment of individuals accused of crimes.
Historical Context and Gender Bias
Historically, the insanity defense....
1. The Importance of Building Trust in the Professional-Client Relationship: A Study in Healthcare Ethics
2. Balancing Autonomy and Paternalism in the Professional-Client Relationship: Ethical Considerations in Healthcare
3. Exploring the Role of Empathy in Establishing Effective Professional-Client Relationships in Healthcare Settings
4. Professional Boundaries in Healthcare: Ethical Challenges and Strategies for Maintaining a Strong Relationship with Clients
5. Navigating Dual Relationships in Healthcare: Ethical Issues and Best Practices for Professionals
6. The Impact of Effective Communication on the Professional-Client Relationship in Healthcare Ethics
7. Cultural Competence in Healthcare: Ethical Considerations for Professionals in Building Strong Relationships with Diverse Clients
8. Professionalism and Ethics in Healthcare: The....
Essay Topic Ideas on RRL about Financial Capacity
1. Assessing Financial Capacity in Older Adults
Explore the cognitive and functional factors that influence financial capacity in older adults.
Discuss assessment tools and strategies for determining financial vulnerability and exploitation risk.
Analyze the ethical implications of intervening in the financial affairs of older adults.
2. The Role of Financial Capacity in Estate Planning
Examine the legal criteria for determining financial capacity in the context of estate planning.
Discuss the impact of cognitive decline and mental health issues on testamentary capacity.
Explore strategies for ensuring that estate plans reflect the true wishes of individuals....
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