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Full-Text Articles in Law
Informed Consent Without Autonomy, Daniel P. Sulmasy
Informed Consent Without Autonomy, Daniel P. Sulmasy
Fordham Urban Law Journal
This Essay explains why and how the Roman Catholic basis for informed consent is different from the secular basis. It argues that the Catholic basis, which is rooted in "natural law," is the better model for society to adopt. The author explains that the secular view is rooted in the belief that patient autonomy must never be violated but the Catholic view is based on human dignity, which simply requires doctors to allow patients to exercise their free will within moral limits. This view allows doctors to override patients' decisions if those decisions are morally wrong or irrational.
The Physician's Conscience, Conscience Clauses, And Religious Belief: A Catholic Perspective, Edmund D. Pellegrino
The Physician's Conscience, Conscience Clauses, And Religious Belief: A Catholic Perspective, Edmund D. Pellegrino
Fordham Urban Law Journal
This Essay explores how physicians may handle conflicts of conscience facing Roman Catholic health practitioners regarding "human life" issues, especially through conscience clauses. In five parts, the author examines "first, why conscientious objection is so important in our day; second, the moral grounding for freedom in the exercise of conscience; third, the components of the physician's conscience; fourth, specific conflicts of conscience for Catholic physicians and institutions; and fifth, competing models of conflict resolution."
The Physician As Conscientious Objector, J. David Bleich
The Physician As Conscientious Objector, J. David Bleich
Fordham Urban Law Journal
This Article examines the right of doctors to object, because of conflicts with the doctor's own morals, to treatment requested or refused by patients. Focusing mainly on end-of-life care, the author compares court opinions allowing or prohibiting doctors to withhold or withdraw life-sustaining treatment at the request of patients or their surrogates.
Religious Teachings And Reflections On Advance Directive - Religious Values And Legal Dilemmas In Bioethics: An Islamic Perspective, Faroque A. Khan
Religious Teachings And Reflections On Advance Directive - Religious Values And Legal Dilemmas In Bioethics: An Islamic Perspective, Faroque A. Khan
Fordham Urban Law Journal
This Essay analyses Islamic law and attempts to apply it to issues surrounding end-of-life care. The author concludes that Islam allows physicians to withdraw life-sustaining technologies if there is no hope for a cure, in the effort to prevent prolonged suffering.