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Lecture 17

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Chad Horne

Lecture 17November 15 2011what is missing from the utilitarian model is the idea of consentlibertarianism is the view that the benets and burdens of social life are justly distributed when they result from the free involuntary choices of individuals and this is just no taxes legalizing prostitution and drug usethe free choices of individuals have a force that makes whatever distribution that results from those choices just if participants in the study have agreed to participate then this is okay people involved participate voluntarily and with full informationmost people have the view that there are limits to what consent can justify and consent alone cannot justify certain outcomes liberalismliberal is not the view that consent has an unlimited legitimizing powerutilitarian would be in favor of things that make it so that consent is all that really matters helman and helman argue against the morality of the clinical trial because it must violate their duties to their patients to give them the best possible care by enrolling your patient in a randomized clinical trial you violate your duty to your patients to provide them with the best available care the patient cannot agree to allow the physician to deprive them of the best available treatment this would be allowing the physician to use the patient in an unacceptable way freedman argues that h and h misunderstand equipoise it must be they shehe herself must have no particular preference over the control group or the experimental group h and h say that the scientic community must have no particular preference and the judgement of the scientic community at large what is unacceptable is using some one as a mere means where we left offmarcos argues that freedmans view is appealing but that view weakens the obligation of the physician too much even though the physician has the belief that a certain treatment is better it is ok if the patient is enrolled in the study because the community is uncertain of whether or not it is right or notas long as the expert community is not sure that what you are doing is wrong it is okay marcos thinks this weakens the obligation of the physicianyou dont expect that professionals will give you advice about what the community thinks but will provide you with the best possible advice that they are willing to give freedman physicians are not supposed to do anything that goes against the scientic community and thats allmarcos proposes that there is a difference between recommending to a patient that they enroll a patient in a clinical trial and offering thisrecommending it would be a violation of the physicians duty patient is not receiving the best available treatment
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