The notion of free will and its ethical relevance for decision-making capacity.

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State: Public
Version: Final published version
License: CC BY 4.0
Serval ID
serval:BIB_3F08A2B0C111
Type
Article: article from journal or magazin.
Collection
Publications
Institution
Title
The notion of free will and its ethical relevance for decision-making capacity.
Journal
BMC medical ethics
Author(s)
Zürcher T., Elger B., Trachsel M.
ISSN
1472-6939 (Electronic)
ISSN-L
1472-6939
Publication state
Published
Issued date
08/05/2019
Peer-reviewed
Oui
Volume
20
Number
1
Pages
31
Language
english
Notes
Publication types: Journal Article
Publication Status: epublish
Abstract
Obtaining informed consent from patients is a moral and legal duty and, thus, a key legitimation for medical treatment. The pivotal prerequisite for valid informed consent is decision-making capacity of the patient. Related to the question of whether and when consent should be morally and legally valid, there has been a long-lasting philosophical debate about freedom of will and the connection of freedom and responsibility.
The scholarly discussion on decision-making capacity and its clinical evaluation does not sufficiently take into account this fundamental debate. It is contended that the notion of free will must be reflected when evaluating decision-making capacity. Namely, it should be included as a part of the appreciation-criterion for decision-making capacity. The argumentation is mainly drawn on the compatibilism of Harry Frankfurt.
A solution is proposed which at the same time takes the notion of free will seriously and enriches the traditional understanding of decision-making capacity, strengthening its justificatory force while remaining clinically applicable.
Keywords
Authenticity, Autonomy, Compatibilism, Competence, Decision-making capacity, Ethics, Free will, Harry Frankfurt, Informed consent
Pubmed
Web of science
Open Access
Yes
Create date
14/05/2019 12:35
Last modification date
20/08/2019 13:36
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