What is ethics?
What is bioethics?
Where do ethical problems come from?
Somebody neglects values/transgresses a norm
We encounter a situation that is
There is a conflict in values
Where do our values come from
A variety of places
Ethical Reasoning
Ethical Reasoning and healthcare
Cartwright Inquiry (NZ, 1988)
Concepts
Autonomy
Beneficence
Common difficulties
Non-Maleficence
Justice
Justice
Key Questions
Ethics is different from
Religion: Ethics cannot be based solely on “Christian” morality because we live in a pluralistic society. We can have ethics without having any religion (at least most people believe this)
However – Christian morality, based on the Ten Commandments underlies the common law.
Majority decision: the majority can be wrong e.g. racist people in the past. However, often what the majority thinks is ethical turns out to be ethical (is there a better way of saying this i.e. just because it’s the majorities view, doesn’t make it unethical).
Intuition: but too what extent does our intuition guide our ethical reasoning, and sometimes we look back and ask whether we ‘feel good’ about the decision we made.
Etiquette – being nice. You can be nice to someone but unethical e.g. being lovely to a patient and then disrespecting their autonomy/ not telling them the truth.
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In ethics, we have the concept of autonomy (discussed last week), from this stems the notion of informed consent – if you’re free to make your own choices, then you are free to consent (or to refuse to give consent) to medical procedures.
In the law patients (competent ones) have to give (informed) consent. Here the law is based on the ethical principle of autonomy.
However, ethics and law are NOT the same
Ethics and Law
Differences between ethics and law
Differences between ethics and law
The law should reflect ethics, but doesn’t always
Some arguably ethical things are illegal e.g. euthanasia, recreational cannabis
Some arguably unethical things are legal e.g. tax havens
It sometimes takes the law a long time to catch up with ethics
Ethics can change as can laws
Ethics and professional codes
Animation
Professional Codes are often based on ethics e.g. principle two of the 2018 Pharmacy CoE considers patient choice, and in 2A discusses autonomy, which is directly related to the ethical concepts.
Ethics is not the same as professional codes for much the same reasons that ethics is not the same as the law i.e. the professional code (law) may get it wrong, and it may take Codes a long time to catch up with ethics.
Professional codes may be more onerous than the law
Code of ethics v. Code of Rights
Code of ethics
- Not (directly) law
Code of Rights
- Part of the law
Code of ethics v. Code of Rights
Code of Ethics – authored by the Pharmacy council, part of professional guidelines, not itself a legal document (Although does have some legal standing as it’s mention of R4 of the CoR)
Code of Rights – part of the law (via the Health and Disability Commission Act 1994)
Animation - L15, slide 9
Diagram 1: Ethics informs law and professional codes, (but professional codes may also be written into the law)
Diagram 2: There are similarities between law, ethics and professionals, and there are instances in which all 3 will converge. But this is not always the case.
Ethical reasoning and concepts
Ethical reasoning and concepts
Ethical reasoning – Articulating reasons, and testing them against other reasons.
The concepts help guide our ethical reasoning.