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Autonomy, Paternalism, And The Moral Foundations Of The Fiduciary Relationship, Austin Horn
Autonomy, Paternalism, And The Moral Foundations Of The Fiduciary Relationship, Austin Horn
Electronic Thesis and Dissertation Repository
The fiduciary relationship is a legal relationship that describes those interactions in which one party is entrusted to exercise discretionary power on behalf of another’s interests. In recent years, the fiduciary relationship proven to be a powerful tool for providing clarity to complex bioethical issues. But the exciting promise of the fiduciary relationship for bioethical analysis is threatened by at least two conceptual problems: moral-legal equivocation and paternalism. Legal-moral equivocation refers to the problem of assuming that the normative demands of a legal relationship are also morally normative. The cogent use of the fiduciary relationship in bioethical analysis requires …