2008
DOI: 10.1111/j.1467-8519.2008.00667.x
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Advancing an Advance Directive Debate

Abstract: A challenge has recently been levelled against the legal and/or moral legitimacy of some advance directives. It has been argued that in certain cases an advance directive carries no weight in a decision on whether to withhold treatment, since the individual in the debilitating state is not the same person as the person who created the advance directive. In the first section of this paper, I examine two formulations of the argument against the moral legitimacy of the advance directives under review. The second … Show more

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Cited by 11 publications
(3 citation statements)
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“…Of course, we would still be left without an account of how it is that an advance directive authored by me could apply to a distinct individual. Further, some (Buford, 2008;Buford, 2014) have questioned the viability of accounts that attempt to reject the claim that identity is necessary for the legitimate employment of an advance directive. The main worry is that no other relation is up to the task of grounding the legitimacy of advance directives in the very cases the directive is created to address; one of the obvious replacement candidates, psychological continuity, is absent in some of the cases (for example, persistent vegetative state scenarios) where advance directives are often deemed applicable.…”
Section: Introductionmentioning
confidence: 99%
“…Of course, we would still be left without an account of how it is that an advance directive authored by me could apply to a distinct individual. Further, some (Buford, 2008;Buford, 2014) have questioned the viability of accounts that attempt to reject the claim that identity is necessary for the legitimate employment of an advance directive. The main worry is that no other relation is up to the task of grounding the legitimacy of advance directives in the very cases the directive is created to address; one of the obvious replacement candidates, psychological continuity, is absent in some of the cases (for example, persistent vegetative state scenarios) where advance directives are often deemed applicable.…”
Section: Introductionmentioning
confidence: 99%
“…Granted advanced directives (AD) are meant to smoothen the pathway especially where treatment/intervention refusals are concerned, this in practice may not be the case, as there could be a personhood-based challenge to the AD. 21,28,29 The situation pitches the strength of autonomy against personhood (as a number), philosophically speaking. 30 The following issue was raised in this situation: is the patient with dementia at the EOL the same person the AD he or she signed meant to apply to.…”
Section: Discussionmentioning
confidence: 99%
“…62 However, there is an ongoing philosophical debate about the question of if and why ADs have a moral authority at t2. 63,64,65, 66,67 At first sight, the answer appears to be a clear "yes", because the application at t2 is exactly why the person composed his or her AD at t1. This logic has been questioned, however, by several authors in bioethics, as to whether ADs have moral authority in cases in which the necessary conditions of personal identity are not present at t2.…”
Section: Moral Authority Of Adsmentioning
confidence: 99%