Who is beauchamp and childress
Recognising this basic freedom at the heart of humanity is a starting point for Beauchamp and Childress. Beauchamp and Childress were writing at a time when the expertise of doctors meant they often took extreme measures in doing what they had decided was in the best interests of their patient.
They adopted a paternalistic approach, treating their patients like uninformed children rather than autonomous, capable adults. This went as far as performing involuntary sterilisations.
In one widely discussed court case in bioethics, Madrigal v Quillian , ten Latina women in the US successfully sued after doctors performed hysterectomies on them without their informed consent. Legally speaking, the women in Madrigal v Quillian had provided consent. The women — who spoke Spanish as a first language — were all being given emergency caesareans.
They were asked to sign consent forms written in English which empowered doctors to do what they deemed medically necessary. The consent they provided was essentially meaningless.
This principle, which captures what Beauchamp and Childress mean by non-maleficence, seems sensible on one level and almost impossible to do in practice on another. Medicine routinely involves doing things most people would consider harmful. Surgeons cut people open, doctors write prescriptions for medicines with a range of side effects, researchers give sick people experimental drugs — the list goes on.
His main thesis is that virtue should be the central and fundamental concept in moral theory, and all other moral concepts, both deontic and axiological principles, obligations, rights, intrinsic values, etc. He argues that the four principles are best understood derivatively in terms of more fundamental virtues.
Whereas Beauchamp and Childress maintain that their principlist framework is consistent with a variety of general ethical theories e. In the span of one essay, he discusses the nature of virtue, the conceptual structure of a virtue-based moral theory, the connection between virtues and principles, the relation of obligation to virtue, the moral significance of role-relationships, the proper method for handling conflicts between moral norms, the nature of a profession, and the proper ends of medicine.
He also provides detailed treatments of specific virtues like justice, respect, benevolence, care, and integrity. To round out the essay, Garcia explores the practical applications of his theoretical framework for some specific debates in medical ethics, including truth-telling, taking human life, conscience protection, and the moral status of patient autonomy and preferences.
The question is which individuals and groups fall under the protection of morality, and what the grounds are for possessing this moral status. In the final section of the article, Beckwith and Thornton sketch an alternative version of a theory of moral status based on human properties. They explain that Beauchamp and Childress address only one version of the humanity-based criterion: one that understands humanity biologically and makes the status-conferring property membership in the human species.
But, the authors point out, there is a second way to formulate the humanity-based criterion. She also compares their view of autonomy with competing feminist, relational, Kantian, and split-level views. Throughout her essay, Walker expertly links complex theoretical and conceptual issues to practical questions and challenges in the health care setting. Veatch offers a masterful and illuminating analysis of the similarities and differences between principlism and competing bioethical theories.
In the first part of the article, Veatch presents an exposition of numerous theories. Tristram Engelhardt , three-principle theories the Belmont Report , four-principle theories Beauchamp and Childress , five-principle theories Baruch Brody , six-principle theories W.
Danner Clouser. In the second part of the article, Veatch argues that these various lists of principles have more in common than we might suppose, and he explains multiple ways the different theories can be reconciled.
He examines how some alternative theories omit one or two of the four principles, criticizing these sparser views and arguing that the four principles are best understood as distinct and indispensable principles. In the end, he leaves it an open question whether a different theory with more than four principles is preferable.
Rather than responding to each essay individually and attempting to address every topic and argument, they focus on some major themes, issues, and criticisms that emerge from the essays considered as a whole. In their reply, Beauchamp and Childress once again display the characteristic generosity, humility, and respect toward their interlocutors that has earned them a reputation as models of collegiality and academic excellence.
Many thanks to Allison McCarthy for helpful feedback on an earlier version of this introduction. Beauchamp , T. Principles of Biomedical Ethics. New York : Oxford University Press. Google Scholar. The remaining criteria are not criteria for evaluating a balancing judgment. Rather, they are criteria for comparing courses of action with respect to selecting the one which entails the least infringement of norms, without regard to which norm is the weightier.
If the second condition is not met, for example, it follows that the alternative of not infringing the norm is the course of action which results in less infringement of the norms I value, and so should be preferred. Similarly for the 3 rd , 4 th and 5 th conditions. If they are not met, then there is an alternative course of action which offers less of an infringement of norms, because the conflict between the norms in question either disappears or is reduced.
When all of the criteria are satisfied, they establish that there is an irreducible conflict between norms which only then will require a judgment about which norm should be overriding.
The criteria are of no further use in warranting the balancing judgment which must follow. Beauchamp and Childress, These are arguments that mandatory pre-marital testing is unjustified because there are morally better alternatives which infringe neither duties of respect for autonomy nor duties of beneficence or nonmaleficence. So the accounts that Beauchamp and Childress give for the rational nature of balancing judgments do not succeed, and their own use of balancing judgments seems to betray their intuitive and arational character.
Beauchamp and Childress might well answer that the rationality of particular balancing judgments will be warranted by their place within an adequately specified set of coherent principles and considered judgments. Evaluation of that claim will have to wait for another day. In the meantime, we should be asking: If balancing judgments are not the product of reason, where do they come from, and how, if at all, can we critically evaluate them?
If so, then there is an arational core at the heart of the tripartite system which Beauchamp and Childress advocate, and perhaps at the heart of any putative system of reasoning based in ethical principles. A similar vagueness about practical details infects a number of their other illustrative cases, including the one that follows this case on the same page.
Herr, Bostrum and Barton, Beauchamp, Tom L. Principles of Biomedical Ethics , 4 th ed. New York: Oxford University Press. DeGrazia, David. Herr, Stanley S. Bostrum and Rebecca S. The reason for such a choice is based on the belief of the patient that prolonged living with a painful and debilitating condition is worse than death, a greater harm.
It is also important to note in this case that this determination was made by the patient, who alone is the authority on the interpretation of the "greater" or "lesser" harm for the self. Discussion There is another category of cases that is confusing since a single action may have two effects, one that is considered a good effect, the other a bad effect.
How does our duty to the principle of nonmaleficence direct us in such cases? The formal name for the principle governing this category of cases is usually called the principle of double effect.
A typical example might be the question as to how to best treat a pregnant woman newly diagnosed with cancer of the uterus. The usual treatment, removal of the uterus is considered a life saving treatment.
However, this procedure would result in the death of the fetus. What action is morally allowable, or, what is our duty? It is argued in this case that the woman has the right to self-defense, and the action of the hysterectomy is aimed at defending and preserving her life. The foreseeable unintended consequence though undesired is the death of the fetus.
There are four conditions that usually apply to the principle of double effect:. The reader may apply these four criteria to the case above, and find that the principle of double effect applies and the four conditions are not violated by the prescribed treatment plan.
The Principle of Beneficence The ordinary meaning of this principle is that health care providers have a duty to be of a benefit to the patient, as well as to take positive steps to prevent and to remove harm from the patient. These duties are viewed as rational and self-evident and are widely accepted as the proper goals of medicine. For example, the good health of a particular patient is an appropriate goal of medicine, and the prevention of disease through research and the employment of vaccines is the same goal expanded to the population at large.
It is sometimes held that nonmaleficence is a constant duty, that is, one ought never to harm another individual, whereas beneficence is a limited duty. A physician has a duty to seek the benefit of any or all of her patients, however, a physician may also choose whom to admit into his or her practice, and does not have a strict duty to benefit patients not acknowledged in the panel. This duty becomes complex if two patients appeal for treatment at the same moment.
Some criteria of urgency of need might be used, or some principle of first come first served, to decide who should be helped at the moment. Case 3 One clear example exists in health care where the principle of beneficence is given priority over the principle of respect for patient autonomy. This example comes from Emergency Medicine. When the patient is incapacitated by the grave nature of accident or illness, we presume that the reasonable person would want to be treated aggressively, and we rush to provide beneficent intervention by stemming the bleeding, mending the broken or suturing the wounded.
Discussion In this culture, when the physician acts from a benevolent spirit in providing beneficent treatment that in the physician's opinion is in the best interests of the patient, without consulting the patient, or by overriding the patient's wishes, it is considered to be "paternalistic. Here, the duty of beneficence requires that the physician intervene on behalf of saving the patient's life or placing the patient in a protective environment, in the belief that the patient is compromised and cannot act in his own best interest at the moment.
As always, the facts of the case are extremely important in order to make a judgment that the autonomy of the patient is compromised. The Principle of Justice Justice in health care is usually defined as a form of fairness, or as Aristotle once said, "giving to each that which is his due.
The question of distributive justice also seems to hinge on the fact that some goods and services are in short supply, there is not enough to go around, thus some fair means of allocating scarce resources must be determined. It is generally held that persons who are equals should qualify for equal treatment. This is borne out in the application of Medicare, which is available to all persons over the age of 65 years.
This category of persons is equal with respect to this one factor, their age, but the criteria chosen says nothing about need or other noteworthy factors about the persons in this category. In fact, our society uses a variety of factors as criteria for distributive justice, including the following:. John Rawls and others claim that many of the inequalities we experience are a result of a "natural lottery" or a "social lottery" for which the affected individual is not to blame, therefore, society ought to help even the playing field by providing resources to help overcome the disadvantaged situation.
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