Predatory marketing to children of food and beverage products makes it difficult for them to select nutritious choices. Should litigation similar to tobacco company litigation be initiated by states or private individuals against food manufacturers, processors, or suppliers of “junk food”?Expanding Upon Ethical Theories and
Introducing Major Moral Principles
Questions to Consider
•Is it right for a woman to have an abortion for any reason?
•Should children with serious birth defects be put to death?
•Do people have a right to die?
•Does everyone have a right to medical care?
•Should physicians ever lie to their patients?
•Should people suffering from a genetic disease be allowed to have children?
•Can parents agree to allow their children to be used as experimental subjects?
What do we do when….
…we are the decision-makers?
…we are in a position in which we must advise others to make the decision?
…we are on the receiving end of the decision?
Question to Ponder:
•Are there rules, standards, or principles that we can use as guides when we are faced with moral
decisions?
Ethics or Moral Philosophy
•The branch of philosophy that focuses on the process of making
decisions about what is right and wrong.
•Bioethics is specifically within the context of medical practice, policy,
and research.
The ethical theories help us:
•Articulate
•Justify
•Guide
•Evaluate
•Explain
•Permit
Kant’s ethics in the medical context
1. No matter what the consequence, it is always wrong to lie.
2. We must always treat people as ends and not as means.
3. An action is right when it satisfies the categorical imperative.
4. Perfect and imperfect duties give a basis that certain rights should be recognized.
5. Respect privacy, confidentiality, and dignity of the patient
Difficulties with Kantian ethics
•There may be conflicts of duties.
•It is not always clear how to formulate a maxim for testing.
•We have duties to rational beings or persons, but how do you define a “rational being”, an
“autonomous, self-regulating” person?
Rules (Bernard Gert)
1.
Don’t kill
When should exceptions be made to the rules?
2.
Don’t cause pain
What is the proper list of rules?
3.
Don’t disable
4.
Don’t deprive people of freedom
5.
Don’t deprive people of pleasure
6.
Don’t deceive
7.
Keep your promises
8.
Don’t cheat
9.
Obey the law
10. Do your duty
Question to Ponder:
Suppose you are a Medical Assistant working under a
physician and a patient has asked you about the
results of a particular test. You are aware of the
results and their meaning.
According to Kant, how must you answer? Why?
When we don’t have the luxury of time to
engage in an elaborate process of reasoning and
analysis using ethical theories…
That is when we turn towards the major moral principles.
•It is important to think of major moral principles as guidelines.
•They express standards to be consulted in attempting to arrive at a justified
decision.
•They provide a basis for evaluating actions or policies as well as for making
individual moral decisions.
Major Moral Principles
•Nonmaleficence
•Beneficence
•Utility
•Justice/Distributive Justice
•Autonomy
NONMALEFICIENCE
•Above all, do no harm.
•We ought to act in ways that do not cause
needless harm or injury to others.
•Avoid needless risk
•We expect a certain level of care from health
professionals – “due care”
• Degree programs, licensure, laws, certifying
credentials, oversight boards
BENEFICENCE
UTILITY
•We should act in ways that promote the
welfare of other people.
•We should act in a way as to bring about the
greatest benefit and the least harm.
•The duty is to help people.
•Consider what is best OVERALL.
JUSTICE
• Noncomparative- People receive rights to which they are
entitled and their rights are recognized and protected.
• Comparative- Comparative is more concerned with the
application of laws and rules and with the distribution of
burdens and benefits. The concern of comparative justice
that is most significant to the medical context is
Distributive Justice.
• Distributive Justice: Concerns the distribution of social
benefits and burdens such as medical services, welfare
payments, public offices, taxes, and military services. In
medical ethics, the focus has been the distribution of
health care.
• For example, are all in the society entitled to receive health
care benefits, whether or not they can pay for them? If so,
then is everyone entitled to the same amount of health care?
• Based on the idea: “Similar cases ought to be treated similar
ways”
• Principle of Equality- everyone gets the same slice of the
pie
• Principle of Need- things are parceled out according to
need
• Principle of Contribution- people should get back what
they give
• Principle of Effort- your effort determines what you get
back
AUTONOMY
•Rational individuals should be permitted to be
self-determining
•Autonomy = Self-Determination
•Coercion, demographics, character, options,
informed decisions
• We can restrict the freedom of
others to protect or benefit them
(Paternalism)
• We can restrict the freedom of
individuals to protect others (Harm
Principle)
• We can restrict the freedom of
individuals to benefit others
(Welfare Principle)
• We can restrict the freedom of
individuals to stop immoral actions
from being performed (Legal
Moralism)
Discussion questions
1. Describe how a law requiring pregnant women be
screened for HIV violates the principle of autonomy.
Is this type of law acceptable? How might you justify
this law (what ethical theory might justify this law)?
2. How are motorcycle helmet laws a form of
paternalism? What are other similar laws? How
are these types of laws justified?
Hannah Bahnam
Case analysis assignment
Topic:
Predatory marketing to children of food and beverage products makes it difficult for them to
select nutritious choices. Should litigation similar to tobacco company litigation be initiated by
states or private individuals against food manufacturers, processors, or suppliers of “junk food”?
https://corporate.findlaw.com/litigation-disputes/fast-food-the-next-tobacco.html
https://www.brookings.edu/wp-content/uploads/2016/06/Negowetti_Food-LabelingLitigation.pdf
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3038328/
https://books.google.com/books?id=ENuBDwAAQBAJ&pg=PA770&lpg=PA770&dq=bioethical+a
rticles+on+litigation+of+food+manufacturers&source=bl&ots=19Pr2IVkVl&sig=ACfU3U0KZ83dK
j8wDZ6C9fGEnK8AAZ0swg&hl=en&sa=X&ved=2ahUKEwjMtLap2PfnAhUEL6wKHUIGCjkQ6AEwB
3oECAkQAQ#v=onepage&q=bioethical%20articles%20on%20litigation%20of%20food%20manuf
acturers&f=false
https://academic.oup.com/jla/article/7/1/1/891422
major moral principles: autonomy, beneficence or justice USE 2
HS4500 Case analysis Grading Rubric
Case Analysis grading rubric
Content
Total:
100 points
60 points
Very
good/strong
10
Good
Fair
Poor
Very
poor/weak
0-5
8-9
7
6
10
8-9
7
6
0-5
10
8-9
7
6
0-5
Appropriate choice and
application of moral principles
for dilemma
Well-supported arguments for
student’s point of view
*Presents a resolution
*Provides adequate support for
resolution
Accurate and appropriate
informati fro refereed and
quality sources
*At least five sources, including
two peer-reviewed journals
*Describes the dilemma and
presents factual background
Thorough, well-grounded
analysis
*Discuss alternative points of
view on the dilemma
Integration of information
*Includes definitions of relevant
terms; applies, integrates
definitions, as appropriate
Appropriate depth; no inclusion
of superfluous or repetitive
information
10
8-9
7
6
0-5
10
8-9
7
6
0-5
10
8-9
7
6
0-5
Total
40 points
10
10
10
8-9
8-9
7
7
Writing
Organization
Punctuation, grammar, spelling
Length of paper, referencing
technique, correct formatting
Professional style of writing
6
6
0-5
0-5
0-5
8-9
7
6
10
8-9
7
0-5
6
Total
Overall
Total
The Breakdown of your Case Analysis Project
PART I: Describe the bioethical dilemma in the factual situation and inform the reader of any
necessary factual background.
• Provide the facts regarding this bioethical dilemma-provide the necessary background in an
unbiased way. Think of this of describing the lay of the land to the reader. You are setting the
stage for your analysis. Be sure to cite properly using APA style.
PART II: Define the key terms used in the analysis.
• Identify and define the key terms/key concepts that are related to this specific bioethical
dilemma. You can format this section as a glossary. Be sure to cite properly using APA style.
PART II: Discuss/Present the alternative points of view on the dilemma using the bioethics and legal
principles learned in class, especially using two moral principles associated with the dilemma. (It is not
necessary to describe the dilemma using every principle discussed in class.)
• This is where you present different points of view on your bioethical dilemma by incorporating
the moral principles and legal principles that we have learned in class. IMPORTANT: You want
to be sure to use 2 moral principles associated with this bioethical dilemma. Please note that
it is not necessary to analyze this dilemma using every principle that we have covered in this
class. Just be sure to use at least 2 moral principles and determine solutions to the dilemma.
Please keep in my mind that you may not choose beneficence and non-maleficence to use
together. Be sure to cite properly using APA style.
PART IV: Conclude your paper with your viewpoint on how to resolve the dilemma based on the
research and application of the moral principles.
• This is where you present their own viewpoint on how to resolve this specific bioethical
dilemma. You need to be sure to resolve the dilemma based on research and application of the
moral principles. Be sure to cite properly using APA style.

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