Ethics And Law Flashcards
(19 cards)
Ethics .. What is ethics??
Ethics is s branch of philosophy
The study of what we ought to do …
Greek philosopher Aristotle … Diversity of opinions and beliefs
Consequentialism
Ethical theory..
Jeremy Bentham and John Stuart mill
The basis for determining if actions are right or wrong depending on whether those actions produce good consequences for those affected
Deontology ( Katian ethics)
1724-1804 German philosopher Immanuel Kant :
“Act so that you treat people as an end and never as a means to the end.”
When determining right or wrong …. What matters is the persons motives or intentions and the nature of the action itself..
?? A good outcome can never justify a wrong action
Eg if info was obtained as the result of torture and that info saved several or millions of lives .
Virtue theory
Aristotle (384-322 BC)
Theory is concerned about an over reliance on rules and focused more on people’s traits of character .
Suggests a person who has certain moral values ( justice, courage, temperance) will naturally act in certain ways and unable to act in other wats.
Therefore :people should try to develop the positive virtues and apply them to their lives and in doing so will make good decision and be good .
The principles approach :
Tom Beauchamp and James Childress ( 1979)
No one principle trumps the others all are equally important .
Autonomy
Beneficence
Non maleficence
Justice
Autonomy
Respect the capacity of individuals to make decisions about their own lives
Beneficence
Foster the best interests of other persons and society at large
Non maleficence
Refrain from needlessly harming other persons
Justice
Act fairly, distribute benefits and burns in an. Equitable fashion and be accountable
Feminist theory
In relation to health care was developed in conjunction with the broader feminist movement.
Up until the 1990’s women were often inappropriately excluded from health related research on the basis of their gender.
Crossthwaite 1994 has summarised the characteristics of an ethics of care as :
Feminist theory
=A focus on relationships as opposed to individualistic ideas about rights
=an awareness of the emotional needs of others
=a concern about avoiding harm and nurturing people and relationships over concerns about justice and equality
= a preference for situationally based analysis to considering people as abstracts
Feminist theory has three feminist inspired presumptions:
The oppression of certain social groups exist
This oppression is a moral and political wrong
Substantial efforts should be undertaken to mitigate or eliminate oppression
Rights based approaches
Dworkin 1977 terms a ‘trump’- the exercise of a right overrules any question of utility ( any broader benefit that might be argued to society )
Regarded as a form of Deontology but considered separately .
Advocates of a rights based ethical approach suggests rights are often central to moral judgment .
Rights based approaches to ethics have attracted criticism suggestions that a focus on rights can be overly individualistic and antagonistic .
Si,liar to the principles approach, critics also ask how conflicting claims fi different rights are resolved.
Legal systems are built on a number of presumptions..
Central presumption in s democratic system that law should be publicly accessible by all.
Ostrowski v Palmer 2003
Nurses and midwives are deemed to have knowledge of the law in relation to nursing and midwifery practice and are expected to abide by its requirements .
The relationship between law and ethics
In situations in which law does not dictate an outcome it is essential for nurses and midwives to be able to weigh up the ethical considerations involved in order to respond appropriately .
Even when the law dictates action, ethics might influence how the action is taken.
Hippocratic oath
Early example of a code for ethical and professional practice
Both codes of ethics ( nurses and midwives) have common purposes
To identify the fundamental ethical standards and values to which the nursing or midwifery professions see committed
Bioethics
Field of ethics that focuses on health and health care
