Kiener Maximilian
Philosophy, University of Oxford, Oxford, UK
J Med Ethics. 2020 Oct 23. doi: 10.1136/medethics-2020-106570.
This paper focuses on voluntary consent in the context of living organ donation. Arguing against three dominant views, I claim that voluntariness must not be equated with willingness, that voluntariness does not require the exercise of relational moral agency, and that, in cases of third-party pressure, voluntariness critically depends on the role of the surgeon and the medical team, and not just on the pressure from other people. I therefore argue that an adequate account of voluntary consent cannot understand voluntariness as a purely psychological concept, that it has to be consistent with people pursuing various different conceptions of the good and that it needs to make the interaction between the person giving consent and the person (or people) receiving consent central to its approach.
本文聚焦于活体器官捐赠背景下的自愿同意。我反对三种主流观点,主张自愿性绝不能等同于意愿性,自愿性并不要求行使关系性道德能动性,并且在第三方施压的情况下,自愿性关键取决于外科医生和医疗团队的作用,而不仅仅取决于他人的压力。因此,我认为,对自愿同意的充分理解不能将自愿性视为一个纯粹的心理学概念,它必须与人们追求各种不同善观念的行为相一致,并且需要将同意者与接受同意者之间的互动作为其方法的核心。