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Narrative Views of Personal Identity and Substituted Judgment in Surrogate Decision Making

Published online by Cambridge University Press:  01 January 2021

Abstract

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Type
Commentary
Copyright
Copyright © American Society of Law, Medicine and Ethics 1999

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References

See Meisel, A., “The Legal Consensus about Forgoing Life-Sustaining Treatment: Its Status and Prospects,” Kennedy Institute of Ethics Journal, 2 (1992): 309–45.CrossRefGoogle Scholar
See Blustein, J., “Choosing for Others as Continuing a Life Story: The Problem of Personal Identity Revisited,” Journal of Law, Medicine & Ethics, 27 (1999): 2031.CrossRefGoogle Scholar
See, for example, Dresser, R., “Life, Death, and Incompetent Patients: Conceptual Infirmities and Hidden Values in the Law,” Arizona Law Review, 28 (1986): 379–81; and Robertson, J., “Second Thoughts on Living Wills,” Hastings Center Report, 21, no. 6 (1991): 6–9.Google Scholar
See Dresser, R. and Whitehouse, P.J., “The Incompetent Patient on the Slippery Slope,” Hastings Center Report, 24, no. 4 (1994): 612.Google Scholar
See Buchanan, A.E. and Brock, D.W., Deciding for Others: The Ethics of Surrogate Decision Making (New York: Cambridge University Press, 1989).Google Scholar
See Dworkin, R., Life's Dominion: An Argument about Abortion, Euthanasia, and Individual Freedom (New York: Alfred A. Knopf, 1993).Google Scholar
See Rich, B.A., “Prospective Autonomy and Critical Interests: A Narrative Defense of the Moral Authority of Advance Directives,” Cambridge Quarterly of Healthcare Ethics, 6 (1997): 138–47.CrossRefGoogle Scholar
See Kuczewski, M.G., “Whose Will is it Anyway? A Discussion of Advance Directives, Personal Identity, and Consensus in Medical Ethics,” Bioethics, 8, no. 1 (1994): 2748.CrossRefGoogle Scholar
See Blustein, supra note 2, at 28.Google Scholar
See Kuczewski, M.G., Fragmentation and Consensus: Communitarian and Casuist Bioethics (Washington, D.C.: Georgetown University Press, 1997).Google Scholar
Blustein, supra note 2, at 23.Google Scholar
See Tonelli, M.R., “Substituted Judgment in Medical Practice: Evidentiary Standards on a Sliding Scale,” Journal of Law, Medicine & Ethics, 25 (1997): 2229.CrossRefGoogle Scholar
See Tomlinson, T. et al., “An Empirical Study of Proxy Consent for Elderly Persons,” Gerontologist, 30 (1990): 54–64; Seckler, A. et al., “Substituted Judgment: How Accurate Are Proxy Predictions?,” Annals of Internal Medicine, 115 (1991): 92–98; and Sulmasy, D. et al., “More Talk, Less Paper: Predicting the Accuracy of Substituted Judgments,” American Journal of Medicine, 96 (1994): 432–38.Google Scholar
See Buchanan, and Brock, supra note 5, at 116.Google Scholar
See Churchill, L.R., “Trust, Autonomy, and Advance Directives,” Journal of Religion and Health, 28 (1989): 175–83; Kuczewski, M.G., “Legalistic and Contextual Approaches to Living Wills,” American Philosophical Association Newsletter on Philosophy and Medicine, 91, no. 2 (1992): 78–81; and Forrow, L., “The Green Eggs and Ham Phenomena,” Hastings Center Report, 24, no. 6 (1994): S29–S32.Google Scholar
See Levine, C. and Zuckerman, C., “The Trouble with Families: Toward an Ethic of Accommodation,” Annals of Internal Medicine, 130 (1999): 148–52.Google Scholar
See Minogue, B. and Reagan, J.E., “Can Complex Legislation Solve Our End-of-Life Problems?,” Cambridge Quarterly of Healthcare Ethics, 3 (1994): 115–24.Google Scholar
See Edna M.F. v. Eisenberg, 563 N.W.2d 485 (Wis. 1997); and Martin v. Martin, 538 N.W2d 399 (Mich. 1995).Google Scholar
See Rawls, J., A Theory of Justice (Cambridge: Harvard University Press, 1971); and Daniels, N., Just Health Care (New York: Cambridge University Press, 1985).Google Scholar
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