BIOETHICS

Introduction of some basic theories

Gatot S Lawrence

Dept of Forensic Medicine-Medicolegal

Dept of Pathology-Vascular Reserch Unit
DOCAR Research Forum*

DOCAR=Diabetes-Obesity-Cardiovascular Research Forum Gatot S Lawrence 08

 Consequentialism and Utilitarianism
• Founded by Jeremy Bentham (1748-1832) and John
Stuart Mill (1806-1873)
• Consequentialism is a family of is a family of moral
theories of which utilitarianism is the most important
member
• Consequentialism: an action is right if, only if, it promotes
the best consequences (The best foreseeable
consequences)
• Utilitarianism is one kind of consequentialist theory
• The best consequences, according to utilitarianism, are
those in which human happiness is maximized.

Gatot S Lawrence 08
Jeremy Bentham (1748-1832)

• A lawyer who believed that law and morality could be

made rational by a scientific study of human nature
• Humans were governed by 2 factors: pleasure and pain
• The nature of humans is to seek pleasure and avoid pain
• For Bentham, laws were only ‘good’ if they maximized
pleasure and minimized pain for majority of people
• He thought it was possible to classify how good an
action is by measuring how much pleasure or pain was
brought about by that action. He called this process
‘felicific calculus’.

Gatot S Lawrence 08
 John Stuart Mill (1806-1873)

• “The creed which accepts as the foundation of

morals, Utility, or the Greatest Happiness Principle,
holds that actions are right in proportion as they
tend to promote happiness, wrong as they tend to
produce the reverse of happiness”.
• By happiness is intended pleasure, and absence of
pain
• By unhappiness, pain, and the privation of pleasure
• Utility is the balance of pleasure over pain
Gatot S Lawrence 08
Background
Background knowledge
knowledge Utilitarianism
Up
Up to
to date
date information
information
Evidence
Evidence Based
Based Medicine
Medicine
etc
etc

Scientific
Prediction

Foreseeable best
consequence

Do it Best
Present
Condition Outcome

Gatot S Lawrence 08
 Kantianism (deontology)
Duty-based Moral Theories
• Moral theories that emphasize moral duties (deontological)
• Emphasize on the duties, the nature of the actions
• Duty-based theories tend to be phrased as prohibitions: not
lying; not betraying; not violating various rights: not to be
killed, injured, tortured, robbed, threatened.
• If duties conflict in particular situation, one has to priority to
the most important duty in that specific situation.
• Types of theories:
– Kant’s moral theory
– Modern duty-based theories
– Prima facie duties

Gatot S Lawrence 08
 Kant’s Moral Theory
• Immanuel Kant (1724-1804): aimed
to develop maxims that would tell us
what we ought to do.
• Minimal assumption: a moral principle has to be
a principle for all people.
• We can find out which moral rules to obey by
using our powers of reason
• The idea leads to the ‘catagorical imperative’
• Kant distinguished 2 kinds of imperative:
– Hypothetical: ‘do this in order to achieve that’
– Catagorical: ‘do this’
Gatot S Lawrence 08
 Disadvantages of Kantianism

• It depends on freedom of will and rationality (Are we

perfectly free and rational)
• It seems to be absolutist in nature: ‘do not lie’ is
imperative (even if it prevents great harm from
occuring)
• The moral rules can seem quite abstract and
unables to deal with the complexities of real-life
ethical dilemmas
• Two duties (imperatives) conflict, how to solve them
• Moral rules are absolute - that is they can’t be
broken

Gatot S Lawrence 08
Modern duty-based theory
• John Rawls (Feb 21,1921-Nov 24, 2002)
Professor of political philosophy at and
author of:
– A Theory of Justice (1971)
– Political Liberalism (1993)
– The Law of Peoples (1999)
– Justice as Fairness: A Restatement (2001).

Gatot S Lawrence 08
 Prima facie duties
• Prima facie [Latin] = "on its first appearance", or "by first
instance".
• WD Ross 1930 developed a duty-based approach to
ethics that influenced the four-principle in medical ethics
• In addition to the consequence one’s actions, other
things also important; such as: help others when you
can; foster your own talents; treat others fairly; keep your
promises; show gratitude.

Gatot S Lawrence 08
 VIRTUE ETHICS
(Narrative Ethics)

• First developed by Aristotle (384 BC–322 BC)

was a Greek philosopher
• The cental focus fo virtue ethics is the
character and motivation of the person.
• Good doctor/ health professional
• The right act is that which virtuous person would do in the
circumstances, and a virtuous person is a person who
exhibits the virtues*.
• The best life [Aristotle] is associated with eudemonia=
flourishing
• Virtues: e.g. kindness, generosity.

*virtue=behaviour showing high moral standards

Gatot S Lawrence 08
FOUR PRINCIPLES IN MEDICAL ETHICS
(Beauchamp and Childress 1970; Gillon 1986)
1. Respect for patient autonomy
Requires health professionals to assist patients come to their own
decisions and respect and follow those decisions (even the health
professional believes that the decision is wrong)
2. Beneficence: the promotion of what is best for the patient
Doing the best and providing benefit for the patients (who will be the
judge of what is best for the patient?)
3. Non-maleficence: avoiding harm
We should not harm the patients: ‘primum non nocere (Above all, do
no harm)
4. Justice
First: patients in similar situations should normally have access to
the same health care
Second: in determining what level of health care should be available
for one set of patients we must try to distribute our limited resources
(time, money, intensive care beds) fairly.
Gatot S Lawrence 08
Declaration of Geneva (1948): Physician's Oath

• Adopted by the 2nd General Assembly of the World

Medical Association, Geneva, Switzerland, September 1948
• and amended by the 22nd World Medical Assembly,
Sydney, Australia, August 1968
• and the 35th World Medical Assembly, Venice, Italy,
October 1983
• and the 46th WMA General Assembly, Stockholm, Sweden,
September 1994
• and editorially revised at the 170th Council Session,
Divonne-les-Bains, France, May 2005
• and the 173rd Council Session, Divonne-les-Bains, France,
May 2006

Gatot S Lawrence 08
 The World Medical Association
Declaration of Geneva (1948): Physician's Oath
At the time of being admitted as a member of the medical profession:

• SOLEMNLY PLEDGE to consecrate my life to the service of humanity;

• I WILL GIVE to my teachers the respect and gratitude that is their due;
• I WILL PRACTISE my profession with conscience and dignity;
• THE HEALTH OF MY PATIENT will be my first consideration;
• I WILL RESPECT the secrets that are confided in me, even after the
patient has died;
• I WILL MAINTAIN by all the means in my power, the honour and the
noble traditions of the medical profession;
• MY COLLEAGUES will be my sisters and brothers;
• I WILL NOT PERMIT considerations of age, disease or disability, creed,
ethnic origin, gender, nationality, political affiliation, race, sexual
orientation, social standing or any other factor to intervene between my
duty and my patient;
• I WILL MAINTAIN the utmost respect for human life;
• I WILL NOT USE my medical knowledge to violate human rights and
civil liberties, even under threat;
• I MAKE THESE PROMISES solemnly, freely and upon my honour.
Gatot S Lawrence 08
 World Medical Association
International Code of Medical Ethics

• Adopted by the 3rd General Assembly of the World

Medical Association, London, England, October 1949
• and amended by the 22nd World Medical Assembly
Sydney, Australia, August 1968
• and the 35th World Medical Assembly Venice, Italy,
October 1983
• and the WMA General Assembly, Pilanesberg, South
Africa, October 2006

Gatot S Lawrence 08
 DUTIES OF PHYSICIANS IN GENERAL
• A PHYSICIAN SHALLalways exercise his/her independent professional judgment and
maintain the highest standards of professional conduct.
• A PHYSICIAN SHALLrespect a competent patient's right to accept or refuse treatment.
• A PHYSICIAN SHALLnot allow his/her judgment to be influenced by personal profit or
unfair discrimination.
• A PHYSICIAN SHALLbe dedicated to providing competent medical service in full
professional and moral independence, with compassion and respect for human dignity.
• A PHYSICIAN SHALLdeal honestly with patients and colleagues, and report to the
appropriate authorities those physicians who practice unethically or incompetently or who
engage in fraud or deception.
• A PHYSICIAN SHALLnot receive any financial benefits or other incentives solely for
referring patients or prescribing specific products.
• A PHYSICIAN SHALLrespect the rights and preferences of patients, colleagues, and other
health professionals.
• A PHYSICIAN SHALLrecognize his/her important role in educating the public but should
use due caution in divulging discoveries or new techniques or treatment through non-
professional channels.
• A PHYSICIAN SHALLcertify only that which he/she has personally verified.
• A PHYSICIAN SHALLstrive to use health care resources in the best way to benefit patients
and their community.
• A PHYSICIAN SHALLseek appropriate care and attention if he/she suffers from mental or
physical illness.
• A PHYSICIAN SHALLrespect the local and national codes of ethics.

Gatot S Lawrence 08
 DUTIES OF PHYSICIANS TO PATIENTS
• A PHYSICIAN SHALL always bear in mind the obligation to respect
human life.
• A PHYSICIAN SHALL act in the patient's best interest when providing
medical care.
• A PHYSICIAN SHALL owe his/her patients complete loyalty and all the
scientific resources available to him/her. Whenever an examination or
treatment is beyond the physician's capacity, he/she should consult with
or refer to another physician who has the necessary ability.
• A PHYSICIAN SHALL respect a patient's right to confidentiality. It is
ethical to disclose confidential information when the patient consents to
it or when there is a real and imminent threat of harm to the patient or to
others and this threat can be only removed by a breach of
confidentiality.
• A PHYSICIAN SHALL give emergency care as a humanitarian duty
unless he/she is assured that others are willing and able to give such
care.
• A PHYSICIAN SHALL in situations when he/she is acting for a third
party, ensure that the patient has full knowledge of that situation.
• A PHYSICIAN SHALL not enter into a sexual relationship with his/her
current patient or into any other abusive or exploitative relationship.
Gatot S Lawrence 08
 DUTIES OF PHYSICIANS TO COLLEAGUES

• A PHYSICIAN SHALL behave towards colleagues as

he/she would have them behave towards him/her.
• A PHYSICIAN SHALL NOT undermine the patient-
physician relationship of colleagues in order to attract
patients.
• A PHYSICIAN SHALL when medically necessary,
communicate with colleagues who are involved in the
care of the same patient. This communication should
respect patient confidentiality and be confined to
necessary information

Gatot S Lawrence 08
World Medical Association Resolution on the Inclusion
of Medical Ethics and Human Rights in the Curriculum
of Medical Schools World-Wide
Adopted by the 51st World Medical Assembly Tel Aviv,
Israel, October 1999

• Whereas Medical Ethics and Human Rights form an

integral part of the work and culture of the medical
profession, and
• Whereas Medical Ethics and Human Rights form an
integral part of the history, structure and objectives of the
World Medical Association
• It is hereby resolved that the WMA strongly recommends
to Medical Schools world-wide that the teaching of Medical
Ethics and Human Rights be included as an obligatory
course in their curricula. Gatot S Lawrence 08