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Journal articles on the topic 'Principle of Autonomy'
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Donchin, Anne. "Reworking Autonomy: Toward a Feminist Perspective." Cambridge Quarterly of Healthcare Ethics 4, no. 1 (1995): 44–55. http://dx.doi.org/10.1017/s0963180100005636.
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The principled approach to theory building that has been a conspicuous mark of bioethical theory for the past generation has in recent years fallen under considerable critical scrutiny. Although some critics have confined themselves to reordering the dominant principles, others have rejected a principled approach entirely and turned to alternative paradigms. Prominent among critics are antiprin-ciplists, who want to jettison the principle-based approach altogether and adopt a casuistic (case-specific) model, and communitarians, who favor an eclectic model combining features of both the casuistic model and a modified principled approach. Particularly conspicuous in virtually all such critiques is their challenge to the preeminence of the principle of autonomy. Critical barbs have been aimed not only at theories favoring a hierarchical ordering of moral principles that give first place to autonomy, but also at those that include autonomy among a set of ostensibly coequal principles. Though these critics have performed a valued function by displacing bioethical principles from their Olympian perch beyond actual decision-making contexts, some version of the principle of autonomy may, nonetheless, be well worth defending but for very different reasons than those put forward by its supporters.
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Cyr, Hugo. "Autonomy, Subsidiarity, Solidarity: Foundations of Cooperative Federalism." Constitutional Forum / Forum constitutionnel 23, no. 4 (October 20, 2014): 20. http://dx.doi.org/10.21991/c9sd4r.
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What does the constitutional principle of federalism entail? Instead of a detailed set of specific rules, the principle of federalism relies on a series of principles that distinguish federations from other political forms. The author proposes that three such principles stand out from within our constitutional instruments and jurisprudence: autonomy, subsidiarity and federal solidarity. The combination of these three interrelated constitutional principles forms the normative structure that gives Canadian federalism its internal logic. And it is the author's contention that this internal logic is one of cooperative federalism. It is these principles that must guide the judiciary when it fulfills its special duty as “guardian of the Constitution”, and as such, as guardian of the principle of federalism.
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Gillon, R. "Autonomy and the principle of respect for autonomy." BMJ 290, no. 6484 (June 15, 1985): 1806–8. http://dx.doi.org/10.1136/bmj.290.6484.1806.
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Bernad, C. "Development and priorities. Autonomy principle." Neuropsychiatrie de l'Enfance et de l'Adolescence 60, no. 5 (July 2012): S15. http://dx.doi.org/10.1016/j.neurenf.2012.05.016.
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Beehler, Rodger. "Autonomy and the Democratic Principle." Canadian Journal of Philosophy 19, no. 4 (December 1989): 575–81. http://dx.doi.org/10.1080/00455091.1989.10716783.
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In their important book On Democracy Joshua Cohen and Joel Rogers represent a person’s claim to individual autonomy as proceeding from his or her claim to free and equal participation in the democratic order exercising sovereignty. I argue in what follows for the reverse position: that the claim to autonomy is the more primary claim, from which derives the claim to equal membership in the democratic order.
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Morris, John F. "Which Principle: Autonomy or Respect?" Ethics & Medics 23, no. 4 (1998): 3–4. http://dx.doi.org/10.5840/em19982348.
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Artemyeva, O. V. "Universality and Autonomy in Kant’s Moral Philosophy." Russian Journal of Philosophical Sciences, no. 11 (December 24, 2018): 86–102. http://dx.doi.org/10.30727/0235-1188-2018-11-86-102.
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The paper is devoted to the analysis of Kant’s approach to the ideas of universality and autonomy as the constitutive features of morality. The paper shows that Kant’s findings concerning these ideas were anticipated by the previous history of moral philosophy, mainly by the modern moral philosophers, who focused specifically on the elaboration of the philosophical concept of morality. Kant’s peculiar role was that, firstly, he conceptualized the ideas of universality and autonomy and formulated corresponding principles; secondly, Kant integrated both principles into the concept of moral law (a key concept in his moral philosophy) and revealed the way by which the formula of universality and the formula of autonomy together with formula of humanity constitute the supreme principle of morality and essentially express the sense of morality itself. Kant believed that the reason for the failure of the previous attempts to explicate the supreme principle of morality was inability to understand that the moral agent is subject not only to universal but at the same time his own legislation. Thirdly, Kant, unlike his predecessors, in his examination of universality didn’t appeal to the human nature or nature of things. Fourthly, he underlined that the principle of universality and the principle of autonomy were not only interconnected but also shaped each other: the determination of will may be identified as a universal principle only if it is given through a moral agent’s rational will. And a moral agent may be identified as autonomous only if in his decisions and actions he is guided by principles that are universalizable.
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Shuibhne, Niamh Nic. "What is the Autonomy of eu Law, and Why Does that Matter?" Nordic Journal of International Law 88, no. 1 (March 11, 2019): 9–40. http://dx.doi.org/10.1163/15718107-08810002.
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This article argues that the autonomy of eu law conveys a set of rules and principles but also constitutes a principle of eu law on its own terms. Its features suggest a distinctive existential character, in light of its internal and external reach but, particularly, a quality of extremity that has come to define its implications. Reflecting on the nature of autonomy matters because of the closing down of space for compromise it produces and what is uncovered about the nature of eu primary law in consequence. The effects of autonomy have principally concerned the jurisdiction of the Court of Justice, but the wider focus on autonomy of “Union decision-making” as a “core principle” of Brexit negotiations, for the eu part, reactivates a more generalised understanding of what the principle commands. That process also tests the extent to which an understanding of autonomy as an existential principle should be sustained.
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Sousa Gonçalves, Anabela Susana de. "O princípio da autonomia da vontade no Regulamento Europeu sobre Regimes Matrimoniais." Revista Electrónica de Direito 22, no. 2 (June 2020): 77–93. http://dx.doi.org/10.24840/2182-9845_2020-0002_0004.
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One of the main structural principles of Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes is the principle of party autonomy, both in terms of conflict-of-laws and international jurisdiction. The purpose of this study is to analyse the implementation of this principle in the European Regulation on Matrimonial Regimes.
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Thomasma, David C. "Beyond Autonomy to the Person Coping With Illness." Cambridge Quarterly of Healthcare Ethics 4, no. 1 (1995): 12–22. http://dx.doi.org/10.1017/s0963180100005600.
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Let us look at autonomy in a new way. Autonomy has a richly deserved place of honor in bioethlcs. It has led the set of principles that formed the basis of the discipline since the beginning. It is the leading principle In what is now regularly called “the Georgetown Mantra,” a phrase suggested by one of the first philosophers ever to be hired In a medical school, K. Danner Clouser. The phrase applies to the principled approach of autonomy, beneficence, nonmaleficence, and justice. This kind of bioethics was developed by scholars like Beauchamp and Childress, Veatch, and Engelhardt, during their association with Georgetown University.
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Cooke, Robin. "Party Autonomy." Victoria University of Wellington Law Review 30, no. 1 (June 1, 1999): 257. http://dx.doi.org/10.26686/vuwlr.v30i1.6022.
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This is an augmented version of a paper delivered at the International Centre for Alternative Dispute Resolution, New Delhi, in December 1998. Party autonomy describes the principle whereby the parties to a dispute have full autonomy when making their arbitration agreement. The author discusses the Arbitration and Conciliation Act 1996 of the Parliament of India, focusing on the principle of party autonomy. He describes his formative experiences to arbitration in cases like Wellington City v National Bank of New Zealand Properties Ltd, the Arbitration and Conciliation Act itself, Indian case law before the Arbitration and Conciliation Act, and a brief look at New Zealand's Arbitration Act 1996.
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Ho, Ming-Jung, Abdullatif Alkhal, Ara Tekian, Julie Shih, Kevin Shaw, Chung-Hsiang Wang, Khalid Alyafei, and Lyuba Konopasek. "Contextualizing the Physician Charter on Professionalism in Qatar: From Patient Autonomy to Family Autonomy." Journal of Graduate Medical Education 8, no. 5 (December 1, 2016): 719–25. http://dx.doi.org/10.4300/jgme-d-16-00010.1.
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ABSTRACT Background The Physician Charter on medical professionalism has been endorsed by professional organizations worldwide, yet it is unclear if this Western framework of professionalism is applicable in non-Western countries. Objective This study examines how physicians practicing in a Middle Eastern context perceive the terms, principles, and commitments outlined in the charter. Methods In May 2013, the authors conducted 6 focus groups with 43 clinician-educators practicing at Hamad Medical Corporation in Doha, Qatar, to discuss the applicability of the Physician Charter in a local context. The research team coded and analyzed transcripts to identify sociocultural influences on professionalism. Results Participants generally expressed agreement with the applicability of the charter's principles to physician professionalism in Qatar. However, 3 contextual factors (religious beliefs and practices, family-centered decision making, and multinationality) complicated the application of the core principles of patient autonomy and social justice. Islamic beliefs reinforced the importance of professional values such as altruism, but presented a barrier to the principle of self-determination for female patients. The family-centered culture in Qatar called for enlarging the scope of patient-centered decision making to include the patient's family. Qatar's multinational population prompted debate over equal treatment and how to conceptualize and implement the principle of social justice. Conclusions Several sociocultural contexts influence the conceptualization of the principles of medical professionalism in Qatar. The findings suggest that contextual factors should be considered when developing or adopting a professionalism framework in an international setting and context.
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EASTON, SUSAN. "Autonomy and the Free Speech Principle." Journal of Applied Philosophy 12, no. 1 (April 1995): 27–39. http://dx.doi.org/10.1111/j.1468-5930.1995.tb00117.x.
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Faisal, Faisal. "Prinsip-Prinsip Perjanjian Muamalat dalam Hukum Perbankan Syariah di Indonesia." REUSAM: Jurnal Ilmu Hukum 3, no. 1 (May 15, 2015): 1. http://dx.doi.org/10.29103/reusam.v3i1.1947.
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According to the practice of Islamic banking principles, a bank should have muamalat agreement including the principle of deposit or deposits (depository/al-wadi'ah), the principle of profit sharing (profit-sharing), purchase (sale and purchase), leases (operational and financial lease lease), and services (fee-based services). Legal agreement adheres to several principles, including the principle of the freedom of an agreement (the sense of autonomy), the principle of adjustments will, and the principle of trust. In addition, there is also the principle of binding force, the principle of legal equality, the principle of balance, the principle of legal certainty, moral principles, merit principle, and the principle of habit.
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Gutmann, Thomas. "Autonomy in Transactions." European Review of Contract Law 17, no. 2 (June 1, 2021): 170–83. http://dx.doi.org/10.1515/ercl-2021-2019.
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Abstract The article presents a ‘critique from within’ of Peter Benson’s book ‘Justice in Transactions’, while sharing its premise that a theory of contract has to be liberal one. It identifies three problems with Benson’s answer to the question of how the relation between freedom and equality in contract law should be understood. It criticizes Benson’s Hegelian metaphysics and claims that a principle of mutual recognition and respect between juridical persons does not require that contracts only allow the alienation and appropriation of different things of the quantitatively same value. It demonstrates that Rawls’s idea of a ‘division of labor’ within principles of justice is more plausible than Benson’s reformulated account, which loses sight of the premise that a liberal theory of contract must locate the normative foundations of ‘contract’ in individual rights, and, in addition, is at odds with Rawls’s project in ‘Political Liberalism’ and its concept of public justification.
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Stavert, Jill. "Respecting the autonomy of the living and dying." Journal of Integrated Care 28, no. 4 (July 15, 2020): 379–85. http://dx.doi.org/10.1108/jica-06-2020-0038.
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PurposeThe purpose of this study is to inform those who are supporting persons who are dying and are responsible for planning, commissioning or delivering palliative care about the need to support and maximise the decision-making ability and choices of persons with advanced dementia or severe frailty.Design/methodology/approachThis article will consider the legal and human rights principles applicable to Scotland, and indeed to other jurisdictions, which govern decisions about care and treatment of persons with and without capacity and the application of these principles to palliative care situations.FindingsIt is important that those involved in the care and support of the dying are fully aware of the need to support and maximise their decision-making ability concerning palliative care and treatment choices.Research limitations/implicationsIt is a well-established legal and human rights principle that the decisions of a person with capacity must be respected, including decisions about palliative care and treatment at the end of life. Moreover, recent developments in international human rights law reinforce the message that this principle applies equally to all. Applying this principle into persons with advanced dementia or severe frailty therefore requires skilled assessment and supported decision-making in order to optimise capacity and respect autonomy.Originality/valueThe discussion applies the United Nations Convention on the Rights of Persons with Disabilities approach concerning equality of rights enjoyment and supported decision-making to palliative care and treatment situations.
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Bracconi, Marianne, Christian Hervé, and Philippe Pirnay. "Ethical reflections on the principle of patient autonomy." Eastern Mediterranean Health Journal 23, no. 12 (December 1, 2017): 845–49. http://dx.doi.org/10.26719/2017.23.12.845.
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Гончаренко Олена Олексіївна and Лук’янець Олена Вікторівна. "ЖИТТЄЗДАТНІСТЬ ПРИНЦИПІВ-ПРИПУЩЕНЬ БУХГАЛТЕРСЬКОГО ОБЛІКУ ДІЯЛЬНОСТІ НЕБАНКІВСЬКИХ ФІНАНСОВО-КРЕДИТНИХ УСТАНОВ." International Journal of Innovative Technologies in Economy 1, no. 6(18) (July 1, 2018): 27–34. http://dx.doi.org/10.31435/rsglobal_ijite/01072018/5931.
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The article reveals scientific approaches to the accounting principles system structure, which defines the leading role of the assumptions. The composition of the principles-assumptions of the accounting activities of non-bank financial and credit institutions (autonomy and going concern) is outlined and, the assessment of the principles viability according to the criteria of relevance, objectivity and feasibility is given. It is determined that these principles fully meet the criteria of objectivity and feasibility, and under the criterion of relevance, the principle of going concern is somewhat dubious, and the principle of autonomy is meaningless for non-bank financial institutions and needs to be replaced by the principle of a relevant reporting entity. This situation confirms the overall compliance of these principles with the criteria for viability, but requires the consideration of the conventions and information risks associated with the special aspects of the activities of non-bank financial and credit institutions.
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Jonas, Monique. "Ethics: Obesity, autonomy and the harm principle." Journal of Primary Health Care 2, no. 4 (2010): 343. http://dx.doi.org/10.1071/hc10343.
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Sanders, Douglas. "Is Autonomy a Principle of International Law?" Nordic Journal of International Law 55, no. 1-2 (1986): 17–21. http://dx.doi.org/10.1163/157181086x00238.
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Dickson, Moses Oruaze. "Party autonomy and justice in international commercial arbitration." International Journal of Law and Management 60, no. 1 (February 12, 2018): 114–34. http://dx.doi.org/10.1108/ijlma-12-2016-0184.
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Purpose Party autonomy is a core tenet of the arbitral process which bestows certain contractual freedoms upon the disputing parties. This paper aims to utilise both doctrinal analysis and theoretical conceptualisation to examine the principle of party autonomy in international commercial arbitration. It examines the extent to which certain exceptions to this principle, such as public policy and natural justice, where autonomy impedes on matters of justice and delocalisation, have restricted the principle in practice. Design/methodology/approach Party autonomy is a core tenet of the arbitral process, which bestows certain contractual freedoms upon the disputing parties. However, in spite of its appeal as an unfettered right, it has been challenged by an array of exceptions that have rendered it largely unqualified in international commercial arbitration. This paper utilises both doctrinal analysis and theoretical conceptualisation to examine the principle of party autonomy in international commercial arbitration. It examines the extent to which certain exceptions to this principle, such as public policy and natural justice, where autonomy impedes on matters of justice and delocalisation, have restricted the principle in practice. Furthermore, approaches to party autonomy in two distinct legal systems, the Common law system in England and Sharia law in Saudi Arabia, are examined to ascertain the extent to which party autonomy has been hindered by these exceptions. Findings Arbitration continued to grow throughout the forgone centuries, with key philosophers, such as Aristotle, advocating the advantages of arbitration over litigation. In addition, the emergence of party autonomy occurred in the sixteenth century, with Dumoulin proposing that the parties’ will in contracts is sovereign. Thus, party autonomy began to develop into a significant aspect of contract law, which plays a pivotal role in arbitration. This is because the principle has its roots in the autonomous will of the parties to conduct the arbitral process as they wish. The paper explored the debate regarding party autonomy and its development into the contemporary world of arbitration. It examined its origins and how it has grown into the core fabric of arbitration today. Emphasis was provided in relation to the nature of the principle, which was highly relevant to the debate. This is because it is vital to appreciate issues such as freedom of contract to have a deeper insight into the principle and what it entails. The limitations of party autonomy were extensively examined, and the public policy exception was found to construe narrowly by a vast number of States. As a result, it was suggested that the exception should be more than merely a theoretical defence. Thus, it should be exercised where enforcement of an arbitral award would disregard unjust or improper results. Furthermore, the natural justice principle was observed as a double-edged sword that protected the parties in the arbitral process. However, it also hampered the effectiveness of party autonomy by impeding upon the parties’ freedom to contract, which ultimately limited the principle. Thus, it is concluded that the principle of party autonomy is not absolute. While it would be desirable if it was, certain issues cannot be resolved so easily. Limitations to party autonomy have existed since its inception and are most likely to continue. Although this is not the ideal situation for proponents of autonomy, it nevertheless appears to be the case. However, it is proposed that limitations to party autonomy should be chipped away as much as possible. This would enable the autonomy of the parties to be upheld at a much higher rate. Originality/value This paper utilises both doctrinal analysis and theoretical conceptualisation to examine the principle of party autonomy in international commercial arbitration. Secondary sources were also used.
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Cook, Thomas, Constantine D. Mavroudis, Jeffrey P. Jacobs, and Constantine Mavroudis. "Respect for patient autonomy as a medical virtue." Cardiology in the Young 25, no. 8 (December 2015): 1615–20. http://dx.doi.org/10.1017/s1047951115002097.
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AbstractRespect for patient autonomy is an important and indispensable principle in the ethical practice of clinical medicine. Legal tenets recognise the centrality of this principle and the inherent right of patients of sound mind – properly informed – to make their own personal medical decisions. In the course of everyday medical practice, however, challenging cases may result in ethical dilemmas for the patient, the physician, and society. Resolution of these dilemmas requires a thorough understanding of the underlying principles that allow the clinician to make informed decisions and to offer considered therapeutic options to the patient. We argue in this paper that there is also need for a transition of moral competency from understanding principles to attaining virtue in the classic Aristotelian tradition. Achieving moral virtue is based on a lifetime of learning, practising, and watching how others, who have achieved virtue, act and perform their duties. We further claim that learning moral virtue in medical practice is best realised by incorporating the lessons learnt during daily rounds where frank discussions and considered resolutions can occur under the leadership of senior practitioners who have achieved a semblance of moral excellence.
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Khudorozhkov, Ivan V., Elena A. Banks, and Boris V. Ilyukhin. "Implementation of autonomy principle in educational institutions of the Russian Federation." Perspectives of Science and Education 52, no. 4 (September 1, 2021): 523–46. http://dx.doi.org/10.32744/pse.2021.4.35.
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Introduction. Contemporary challenges to the development of education imply the search and understanding of highly effective approaches and management methods. Experts who have conducted PISA studies in Western educational systems have identified a direct correlation between the autonomy of an educational institution and the results of its activities. The extrapolation of PISA results in the Russian education system is possible only with unified theoretical approaches to understanding the conceptual unit of "autonomy", the category "autonomy of an educational institution" and the principle of autonomy, as well as a sociological study, the respondents of which are the heads of educational institutions in Russia. The purpose hereof is a conceptual analysis of existing approaches to understanding the phenomena of "autonomy" and "autonomy of an educational institution" in the legal framework of the Russian education system, in domestic and foreign sources. A certain set of indicators of the phenomenon of autonomy in the Russian educational environment was used in this research as the main toolkit for achieving this goal. Materials and methods. The ideas of the systemic and activity approaches, the general scientific method of comparative analysis serve as the methodological basis of the research. The content-invariant foreign and domestic sources served as the platform for quantitative and qualitative content analysis. In addition to general scientific methods, within the framework of this research, a private scientific survey method was used in the form of a questionnaire survey of the heads of general educational institutions. More than 10 thousand school principals from 84 constituent entities of the Russian Federation took part in the experiment in the course of the sociological research "Autonomy of educational institutions: results and prospects". Research results. The study reveals the theoretical and practical aspects of the implementation of the autonomy principle in the educational system of the Russian Federation. The analysis of domestic and foreign thesaurus on the problem of the autonomy of an educational institution was carried out. The authors dwell in detail on the mechanisms for introducing the principle of autonomy in the educational process in Russia, identify existing obstacles to the implementation of the provisions declared in the legal field. Clustering of elements (indicators) that determine the degree of autonomy is significant for further research of the phenomenon of "autonomy of educational institutions".
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Genuis, Quentin I. T. "A Genealogy of Autonomy: Freedom, Paternalism, and the Future of the Doctor–Patient Relationship." Journal of Medicine and Philosophy: A Forum for Bioethics and Philosophy of Medicine 46, no. 3 (May 5, 2021): 330–49. http://dx.doi.org/10.1093/jmp/jhab004.
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Abstract Although the principle of respect for personal autonomy has been the subject of debate for almost 40 years, the conversation has often suffered from lack of clarity regarding the philosophical traditions underlying this principle. In this article, I trace a genealogy of autonomy, first contrasting Kant’s autonomy as moral obligation and Mill’s teleological political liberty. I then show development from Mill’s concept to Beauchamp and Childress’ principle and to Julian Savulescu’s non-teleological autonomy sketch. I argue that, although the reach for a new principle to guide choices in physician–patient relationships can rightfully be seen as important, the notion that is now called autonomy within bioethics has corollaries that undermine critical aspects of medical care. As such, there is need for a richer account of the interplay between the free choice of patients and the informed recommendations of doctors.
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Gouveia, Alvaro Augusto Santos Caldas, and Eugênia Cristina Nilsen Ribeiro Barza. "A Autonomia da Vontade como solução de conflitos contratuais no ordenamento jurídico brasileiro: considerações após a recepção no ordenamento brasileiro da Convenção das Nações Unidas para os Contratos de Compra e Venda Internacional de Mercadorias." Revista da Faculdade de Direito, no. 42 (April 30, 2020): 63–95. http://dx.doi.org/10.22456/0104-6594.84561.
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RESUMOTrata-se de tema relativo ao Direito Internacional Privado e Direito do Comércio Internacional, cujo objetivo principal é analisar os efeitos da incorporação da CISG no ordenamento jurídico brasileiro, considerando a aplicação do princípio da autonomia da vontade em contratos internacionais de comércio. Fez-se um estudo exploratório, com método dedutivo, a partir de dados secundários sobre solução de conflitos de lei no espaço no comércio internacional, tendo como pergunta principal avaliar se houve uma ampliação da autonomia da vontade contratual no ordenamento jurídico brasileiro após a recepção da CISG. Partindo do contexto das transformações no comércio internacional Pós-Segunda Guerra Mundial, no qual surgem efetivamente possibilidades trazidas pela unificação, uniformização e harmonização jurídica, avaliam-se elementos relevantes da contribuição do texto da CISG para a solução de Conflitos de Lei no Espaço. Comparando dispositivos da CISG com outros, do Código Civil Brasileiro de 1916 e da Lei nº 9.307/1966, observam-se as repercussões do princípio da autonomia da vontade em contratos internacionais de comércio.PALAVRAS-CHAVEContratos de compra e venda internacional de mercadorias. Autonomia da vontade. Solução de conflitos.ABSTRACTThis is a topic related to Private International Law and International Trade Law, whose main objective is to analyze the effects of the incorporation of the CISG into the Brazilian legal system, considering the application of the principle of autonomy of the will in international trade contracts. An exploratory study was carried out, using a deductive method, based on secondary data on the solution of conflicts of law in the international trade space. The main question was whether there was an increase in the autonomy of the contractual will in the Brazilian legal system after the reception of the CISG. From the context of the post-World War II international trade transformations, in which the possibilities brought about by unification, uniformity and legal harmonization emerge, relevant elements of the contribution of the CISG text to the solution of Conflicts of Law are evaluated. Comparing CISG articles with others, the Brazilian Civil Code of 1916 and Law No. 9,307/1966, the repercussions of the principle of autonomy of the will in international trade contracts are observed.KEYWORDSContracts for the international sale of goods. Autonomy of the will. Conflict resolution.
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Newnham, Elizabeth, and Mavis Kirkham. "Beyond autonomy: Care ethics for midwifery and the humanization of birth." Nursing Ethics 26, no. 7-8 (January 13, 2019): 2147–57. http://dx.doi.org/10.1177/0969733018819119.
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The bioethical principle of respect for a person’s bodily autonomy is central to biomedical and healthcare ethics. In this article, we argue that this concept of autonomy is often annulled in the maternity field, due to the maternal two-in-one body (and the obstetric focus on the foetus over the woman) and the history of medical paternalism in Western medicine and obstetrics. The principle of respect for autonomy has therefore become largely rhetorical, yet can hide all manner of unethical practice. We propose that large institutions that prioritize a midwife–institution relationship over a midwife–woman relationship are in themselves unethical and inimical to the midwifery philosophy of care. We suggest that a focus on care ethics has the potential to remedy these problems, by making power relationships visible and by prioritizing the relationship above abstract ethical principles.
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Rolf, Sibylle. "Respekt vor Patientenautonomie und Achtung der Menschenwürde." Zeitschrift für Evangelische Ethik 52, no. 3 (August 1, 2008): 200–211. http://dx.doi.org/10.14315/zee-2008-0306.
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Abstract The study investigates the »Four Principles of Biomedical Ethics« published by Tom Beauchamp and James Childress (1979, 52001) with a particular concern for the principle of respect for autonomy. The leading question is in which philosophical background autonomy is dealt with by Beauchamp/Childress and by the enlightenment philosopher Immanuel Kant, while the more emipirical theoretical framework of Beauchamp/Childress and the rationalistic framework of Kant are being analyzed. After having considered the foundation of autonomy both in Beauchamp/Childress and Kant, the study turns to the relationship of autonomy and human dignity by exploring the implicit extension of autonomy, human dignity and being human, and asks which consequences have to be drawn from a theological point of view.
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Hanssen, Ingrid. "An Intercultural Nursing Perspective on Autonomy." Nursing Ethics 11, no. 1 (January 2004): 28–41. http://dx.doi.org/10.1191/0969733004ne664oa.
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This article is based on an empirical study regarding ethical challenges in intercultural nursing. The focus is on autonomy and disclosure. Autonomy is a human capacity that has become an important ethical principle in nursing. Although the relationship between autonomy and patients’ possibly harmful choices is discussed, the focus is on ‘forced’ autonomy. Nurses seem to equate respect with autonomy; it seems to be hard to cope with the fact that there are patients who voluntarily undergo treatment but who actively participate neither in the treatment offered nor in making choices regarding that treatment. Nurses’ demand for patients to be autonomous may in some cases jeopardize the respect, integrity and human worth that the ethical principle of autonomy is meant to ensure. Even though respect for a person’s autonomy is also respect for the person, one’s respect for the person in question should not depend on his or her capacity or aptitude to act autonomously. Is autonomy necessarily a universal ethical principle? This article negates this question and, through the issues of culture, individualism versus collectivism, first- and second- order autonomy, communication and the use of family interpreters, and respect, an attempt is made to explain why.
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Demény, Enikő. "The principle of vulnerability and its potential applications in bioethics." Ethics & Bioethics 6, no. 3-4 (December 1, 2016): 181–86. http://dx.doi.org/10.1515/ebce-2016-0017.
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Abstract The principle of vulnerability is a specific principle within European Bioethics. On the one hand, vulnerability expresses human limits and frailty on the other hand it represents moral and ethical action principles. In this paper a discussion on the relationship between the concepts of autonomy, vulnerability and responsibility is proposed and presentation of some possible applications of the principle of vulnerability within bioethics. In conclusion, some potential benefits of applying the principle of vulnerability as well as possible difficulties in its application are highlighted.
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Moon-Jeong Kim. "‘Neo-liberal Individualism’ and the Principle of Autonomy." Korean Journal of Medical Ethics 19, no. 3 (September 2016): 267–81. http://dx.doi.org/10.35301/ksme.2016.19.3.267.
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CUYPERS, STEFAAN E. "Is Personal Autonomy the First Principle of Education?" Journal of Philosophy of Education 26, no. 1 (July 1992): 5–17. http://dx.doi.org/10.1111/j.1467-9752.1992.tb00260.x.
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Konigsberg, A. "The Acquaintance Principle, Aesthetic Autonomy, and Aesthetic Appreciation." British Journal of Aesthetics 52, no. 2 (March 13, 2012): 153–68. http://dx.doi.org/10.1093/aesthj/ays003.
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Briede, Jautrīte. "Procedural Autonomy of a Member State: Application of the Principle by Latvian Administrative Courts." Journal of the University of Latvia. Law 14 (2021): 216–22. http://dx.doi.org/10.22364/jull.14.13.
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The article addresses certain issues of principle of national procedural autonomy. The meaning of the principle is briefly explained at the beginning of the article. It is followed by analyses of examples of the application of this principle by Latvian courts after the judgments of Court of Justice of the European Union, as well application of the principle of procedural autonomy by Latvian courts on their own initiative.
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Labolo, Muhadam. "Peluang dan Ancaman Otonomi Desa Pasca Undang-Undang Nomor 6 Tahun 2014 tentang Desa." Jurnal Ilmiah Wahana Bhakti Praja 7, no. 2 (December 1, 2017): 73. http://dx.doi.org/10.33701/jiwbp.v7i2.42.
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The changes about Village policy provide both opportunities and threats to the development of village autonomy. Opportunities for the development of village autonomy are at least normatively gaining a foothold from two important principles of recognition and subsidiarity. The first principle as a form of recognition of village existence in various forms has actually been introduced through Law Number 22 Year 1999 and 32 Year 2004 which corrects efforts to uniform the lowest government entity of the village under another name. The second principle is the juridical consequence of the 1945 Constitution article 18B paragraph (2) where the state not only recognizes, also respects special and special units as long as it is still there and well maintained. This principle allows the state to allocate resources to the village even though the village is no longer subordinate to the state (mini bureaucracy) as the practice of Law 5/1979 through local state government paradigm. With the resources referred to the village at least have the opportunity to develop the original autonomy (self governing community) and not solely under the control of local governance system (local self-government). The allocation of resources from the government, provincial and district / city and the opening of access in the effort of developing village autonomy is not impossible to increase the tension in the village through abuse of authority and the potential of horizontal conflict. Village autonomy can ultimately contain threats if a number of important requirements can not be fulfilled given the culture, structure and environment that affect the village is much more dominant than the supradesa itself is quite distant with the community.Keywords: village autonomy, opportunities, threats
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TUROLDO, FABRIZIO. "Relational Autonomy and Multiculturalism." Cambridge Quarterly of Healthcare Ethics 19, no. 4 (August 18, 2010): 542–49. http://dx.doi.org/10.1017/s0963180110000496.
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The principle of autonomy, through various court rulings, gradually became part of medical practice and tradition in the second half of the 1800s, notably when the emergence of surgical anaesthesia began to raise serious questions regarding informed consent. In fact, surgical anaesthesia was initially used not only to avoid pain but also to combat patients’ resistance to operations.
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Cottone, R. Rocco. "On Replacing the Ethical Principle of Autonomy With an Ethical Principle of Accordance." Counseling and Values 59, no. 2 (October 2014): 238–48. http://dx.doi.org/10.1002/j.2161-007x.2014.00054.x.
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Silva, Patrícia, and Carlos Jalali. "Explaining perceptions of autonomy in the last chain of delegation." Public Policy and Administration 35, no. 4 (December 3, 2018): 424–44. http://dx.doi.org/10.1177/0952076718814896.
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This article explores the impact of consolidated principles of delegation on top civil servants’ perceptions of autonomy in management and policy-making processes across European parliamentary democracies. Particular attention is devoted to the extent to which bureaucratic capacity can be equated as a principle of delegation, considering the lenses and perspectives of bureaucrats instead of relying on politicians’ formal mechanisms to control bureaucratic activities. Empirically, this article is based on a large-scale study survey of senior public executives applied in eight European countries. While consolidated principles of delegation seem to be able to explain perceptions of autonomy across parliamentary democracies, results also suggest the importance of including bureaucratic capacity as a predictor of autonomy in the last chain of delegation. This emerges as one of the strongest explanatory variables of perceptions of managerial autonomy, regardless of the hierarchical position of respondents. However, it does not impact on bureaucrats’ perception of policy autonomy, as respondents’ position within the administrative state and the distinct traits of national public bureaucracies in Europe have a greater impact on the delegation of authority.
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Segre, Marco. "Reflections on bioethics: consolidation of the principle of autonomy and legal aspects." Cadernos de Saúde Pública 15, suppl 1 (1999): S91—S98. http://dx.doi.org/10.1590/s0102-311x1999000500010.
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The author highlights the importance of emotions in all ethical reflections. He describes the most common positions of ethicists employing duties and rights as the basis for ethical thought. The author, goes to Freudian theory as viewed by the utilitarians, stating that the 'quest for pleasure' is not necessarily egocentric, especially for adults. For example, the feeling of solidarity emerges 'from the inside out', making irrelevant all the emphasis laid on obedience to duty (from the outside in). The article questions the essence of Kantian theory, based exclusively on 'reason' with disregard for feelings, by establishing what he considers a 'positivist' view of rational thought. It emphasizes the principle of autonomy, which it seen as basically opposing the principles of beneficence and fairness. It is proposed that the latter should be seen as what he calls heteronomy (a concept different from that of the rational ethicists). In theory, autonomy is not assigned to anyone on the basis of an external assessment. Any intervention in individual autonomy must be made (by the intervenor) when it becomes imperative in the defense of social or cultural values. The article distinguishes between ethics and morals) and states that the sole acceptable ethical principle is that ethics (theoretically) has no principle.
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Bonadi, Ahmad, Rachmad Syafa'at, and Sudarsono Sudarsono. "Analisis Putusan Mahkamah Konstitusi Nomor:137/PUU-XIII/2015 Tentang Pembatalan Kewenangan Gubernur dalam Pembatalan Peraturan Daerah Kabupaten/Kota." Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan 4, no. 1 (June 30, 2019): 1. http://dx.doi.org/10.17977/um019v4i1p1-14.
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This paper aims to analyzes the consideration of Constitutional Court judges in canceling Article 251 paragraph (2), paragraph (3), paragraph (4) and paragraph (8) of the Republic of Indonesia Law No. 23 of 2014 concerning Regional Autonomy and the impact of the Constitutional Court Decision Number: 137 / PUU-XIII / 2015. The study uses normative legal research with a statute approach, conceptual approach, and case approach. The decision of the Constitutional Court judges in deciding their cases is based on the principles of constitutionalism, the principle of the unitary state of the Republic of Indonesia, the principle of regional autonomy and decentralization, and the principle of judicial power and rule of law. The impact of the Constitutional Court Ruling Number: 137/PUU-XIII/2015 is the increased burden of the case of material testing rights in the Supreme Court, the abolition of the governor’s authority to cancel district/city regulations, and hinder the deregulation program to accelerate development.
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MAPENGO, Marta Artemísia Abel, Sílvia Helena de Carvalho SALES-PERES, and Arsênio SALES-PERES. "Bioethics criteria in Dentistry research of humans." RGO - Revista Gaúcha de Odontologia 66, no. 4 (December 2018): 289–95. http://dx.doi.org/10.1590/1981-863720180004000011295.
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ABSTRACT Objective: This study aimed to identify and relate the work that adopted bioethical principles applied to research on humans in the area of dentistry published in scientific journals. Methods: The selection of work was done using the Virtual Health Library (VHL), including the following databases: Literature Latino-American and Caribbean Health Sciences, Scientific Electronic Library Online and International Literature on Health Sciences. It was evaluated in the last ten years, researches using the descriptors: Bioethics, Research, Human, Dental, Autonomy, Beneficence, Non-maleficence, and Justice. Results: Two hundred and seventy eight studies found, however only 12 were selected by following the criteria adopted in this study. Conclusion: Among the four principles of bioethics addressed in this study, the principle of autonomy was the most discussed in literature, followed the principle of justice. Further studies should be conducted in order to carry the development of bioethics in research with human made in dentistry.
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Pokachalova, A. "LEX VOLUNTATIS AS A FUNDAMENTAL PRINCIPLE FOR CONTROL OF SECURING OBLIGATIONS." Actual Problems of International Relations, no. 128 (2016): 93–104. http://dx.doi.org/10.17721/apmv.2016.128.0.93-104.
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With the increasing number of concluded security interest agreements that incorporate a foreign element a problem of conflict of laws regulation of the said agreements becomes particularly challenging. This article focuses on highlighting the concept and the legal nature of autonomy of the parties (Lex Voluntatis) as a fundamental principle of the conflict of laws regulation for securing the performance of obligations. The author studied different points of view of scientists with regard to the legal nature of the autonomy of the parties (Lex Voluntatis). Special attention was devoted to main issues that arise when studying the principle of autonomy of the parties (Lex Voluntatis), namely to the conditions of application, time limits, a form of expression of autonomy, the validity of the agreement on the choice of law, the scope of the chosen law, the choice of Lex mercatoria as applicable law by the parties, etc.
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Pakendek, Adriana, Made Warka, Hufron Hufron, and Yovita Arie Mangesti. "The arrangement of medical records in implementation of Telemedicine in Hospitals." Technium Social Sciences Journal 30 (April 9, 2022): 300–308. http://dx.doi.org/10.47577/tssj.v30i1.6312.
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Legal research methods are procedures or steps that are considered effective and efficient. Based on the discussion, it is concluded as follows 1)The legal principles of hospital telemedicine include prprinciples of Information and Communication Technology (ICT) utilization, the principle of state and community responsibility, the principle of competence, integrity, and quality, the principle of equality, good faith, independence, and volunteerism as well as legal certainty and the principle of data security and confidentiality as well as standardization, the principle of patient autonomy and freedom to choose technology or technology neutral and the principle of patient interest is prioritized, data protection, IT forensics, best practices, and legal audit standards as well as justice and legal protection principles 2) medical record regulation different countries, namely Indonesia and America. Indonesia does not yet have a law that specifically regulates electronic medical records. Apart from the ITE Law.
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Kastrati, MA Shyhrete. "The Principle of Will Autonomy in the Obligatory Law." ILIRIA International Review 5, no. 1 (June 30, 2015): 225. http://dx.doi.org/10.21113/iir.v5i1.18.
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The principle of autonomy of will is legislated with the Article 2 of the Law no. 04/L–077 on Obligational Relationships1, thereby providing the legal grounds for the regulation of legal relations between parties in obligational relationship.This study aims to provide a contribution to the theory and practice, and also aims at providing a modest contribution to the obligational law doctrine in Kosovo. The purpose of the paper is to explore the gaps and weaknesses in practical implementation of the principle, which represents the main pillar of obligational law. In this paper, combined methods were used, including research and descriptive methods, analysis and synthesis, comparative and normative methods.The exploration method was used throughout the paper, and entails the collection of hard-copy and electronic materials. The descriptive method implies a description of concepts, important thoughts of legal science, and in this case, on the principle of autonomy of will, thereby using literature of various authors. The analytical and synthetic methodology is aimed at achieving the study objectives, the recognition of the principle of autonomy of will, practical implementation thereof, and conclusions.The comparative method was applied in comparing the implementation of the principle in the Law on Obligational Relationships of Kosovo and the Law on Obligational Relationships of the former Socialist Federal Republic of Kosovo, and the Civil Code of the Republic of Albania. The normative method was necessary, since the topic of the study is about legal norms.
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Dubljević, Veljko. "The Principle of Autonomy and Behavioural Variant Frontotemporal Dementia." Journal of Bioethical Inquiry 17, no. 2 (March 28, 2020): 271–82. http://dx.doi.org/10.1007/s11673-020-09972-z.
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Lopes, Dominic McIver. "Beyond the Pleasure Principle: A Kantian Aesthetics of Autonomy." Estetika: The European Journal of Aesthetics LVIII/XIV, no. 1 (2021): 1–18. http://dx.doi.org/10.33134/eeja.251.
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Clayton Thompson, Jack. "Law’s Autonomy and Moral Reason." Laws 8, no. 1 (February 15, 2019): 6. http://dx.doi.org/10.3390/laws8010006.
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This paper intends to set out an argument to Legal Idealism and a thesis that holds law and morality as necessarily connected. My focus is on deconstructing the Positivist argument to the Autonomy Thesis and beginning to reconstruct it through the application of morality to law’s autonomous authority. My aim, ultimately, is to demonstrate how, through the concept of law, practical reason might explain the related (and overlapping) notions of legitimacy, authority, and the obligation to obey through the necessary connection of law and morality. That is, I intend to demonstrate that morality both survives and remains identifiable (transparently) following the process of metamorphosis into institutionalised practical reasoning. If this is so, the authority of and obligation to law is simultaneously a form of morally rational obligation. In the response to the Positivist argument that moral values are incommensurate, I will show that this commensurability can be determined ‘artificially’ by a system of institutionalised reasoning (i.e., the law); this is to say, if I can show that the Legal Positivist argument is left incomplete without some explanation of moral values underpinning it, I need not to show that a specific, defensible moral truth or principle is required, but that an artificial weighting of abstract moral principles is sufficient
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Riordan, V. "Best interests and the raison d’être of health care." Irish Journal of Psychological Medicine 34, no. 4 (September 3, 2015): 271–73. http://dx.doi.org/10.1017/ipm.2015.39.
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The report of the expert group on the review of the Mental Health Act has recommended that the requirement to consider the best interests of the person be replaced by a list of guiding principles, which focus on the autonomy of the individual. The implied rationale for this is that acting in our patients’ best interests may be a violation of their human rights. Dignity is being proposed as an alternative way of capturing ‘the positive aspects associated with best interests’, but it is not clear how dignity is preferable to best interests. Both approaches may help protect the most vulnerable from exploitation. However, unlike best interests, dignity can be used as a synonym for autonomy. Valuing autonomy as a means to an end (instrumental value) should be distinguished from valuing autonomy as an end in itself (intrinsic value). As the ultimate end of instrumental autonomy is invariably the person’s best interests, abandoning that principle renders instrumental autonomy obsolete, leaving intrinsic autonomy as the supreme value. As best interest, dignity and autonomy rarely conflict, the proposed changes may appear minor, but they are not. When such values do conflict, acting against our patients’ interests may become inevitable.
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Widdershoven, Rob. "National Procedural Autonomy and General EU Law Limits." Review of European Administrative Law 12, no. 2 (December 31, 2019): 5–34. http://dx.doi.org/10.7590/187479819x15840066091222.
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This article examines the recent approach of the European Court of Justice of the EU towards the applicability of procedural national law in cases falling within the scope of Union law. It argues that the Court increasingly assesses such rules within the framework of the principle of effective judicial protection, as bindingly codified in Article 47 of the Charter of Fundamental Right of the EU since December 2009. This test is gradually replacing the rather deferential test on the Rewe principles of equivalence and effectiveness and implies a further limitation of procedural autonomy of the Member States. The reason for the shift seems to be the necessity to coordinate the Court's case law on Article 47 CFR with the case law of the European Court of Human Rights on Article 6 ECHR, because this coordination requires the application of a similar standard by both European Courts. As a result, the importance of, in particular, the Rewe principle of effectiveness, has already decreased to a considerable extent and might decrease further in future. Nevertheless, it is not to be expected that this standard will be abolished completely. First, because it may provide an adequate standard for assessing procedural issues that are not related to effective judicial protection or Article 47 CFR. Secondly, because incidentally it may be used by the Court for modifying national procedural law with a view to the effective application of substantive EU rules.
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Clark, Chalmers C. "Except in Emergencies: AMA Ethics and Physician Autonomy." Cambridge Quarterly of Healthcare Ethics 5, no. 3 (1996): 440–43. http://dx.doi.org/10.1017/s096318010000726x.
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In this paper I will argue that in emergency cases, physician autonomy is soci-etally constrained under Principle VI of the American Medical Association's (AMA) “Principles of Medical Ethics”1 The issue will be seen to turn on whether the contextual use of “emergency” should be construed narrowly or broadly; I argue for a broadened rendering. Although a societal emergency is not defined here, I recommend that the condition of inner city healthcare presents a paradigm “patient” for such emergency care. I further urge that because societal constraints on physician autonomy are ambiguous and only derived indirectly in the AMA document, further AMA comment on physician autonomy and societal responsibility would advance clarity on the profession's commitment to the public trust.
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Del Bo, Chiara F. "Fiscal Autonomy and EU Structural Funds." Public Finance Review 46, no. 1 (August 5, 2016): 58–82. http://dx.doi.org/10.1177/1091142116661409.
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In light of the principle of additionality, the inflow of European Union (EU) funds should complement domestic public funds, which are required to cofinance the investment. EU funds should either be unrelated to fiscal decisions of recipient regions, and as such should not affect taxation choices, or they could imply an increase in taxation to finance the additional domestic funds required by the additionality principle. Empirical results linking fiscal autonomy of Italian regions, considered by looking at the number and the level of average tax rates for the regional surcharge on the personal income tax and committed EU funds, suggest the existence of a significant relationship, even after controlling for relevant economic and political factors. The level of average tax rates is lower the more EU funds are received, as is the complexity of the system, measured by the number of income tax brackets.