A History and Theory of Informed Consent

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Oxford University Press, Feb 27, 1986 - Medical - 408 pages
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Clearly argued and written in nontechnical language, this book provides a definitive account of informed consent. It begins by presenting the analytic framework for reasoning about informed consent found in moral philosophy and law. The authors then review and interpret the history of informed consent in clinical medicine, research, and the courts. They argue that respect for autonomy has had a central role in the justification and function of informed consent requirements. Then they present a theory of the nature of informed consent that is based on an appreciation of its historical roots. An important contribution to a topic of current legal and ethical debate, this study is accessible to everyone with a serious interest in biomedical ethics, including physicians, philosophers, policy makers, religious ethicists, lawyers, and psychologists. This timely analysis makes a significant contribution to the debate about the rights of patients and subjects.
 

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Contents

Parti FOUNDATIONS
3
Foundations in Legal Theory
23
Constitutional Law and the Right to Privacy
39
A HISTORY OF INFORMED CONSENT
51
American Medical Practices in the Nineteenth and Early
76
The Arrival of Informed Consent
86
Everythings Changed and Nothings
100
The Emergence of the Legal
114
Conclusion
222
A THEORY OF INFORMED CONSENT
233
The Gatekeeping Concept
287
Conclusion
293
Standards of Understanding and Disclosure
305
Communication and the Understanding of Information
316
Conclusion
329
Coercion Manipulation and Persuasion
337

Informed Consent Flourishes
132
Conclusion
140
The Development of Consent Requirements in Research
151
The Evolution of Federal Policy Governing Human
200
Persuasion
346
Conclusion
373
Index
383
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