Voluntary organ donation: autonomy ... tragedy.
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CONCLUSION: Although Engelhardt's The Foundations of Bioethics is an impressive work, it is plagued by problems of justification, conceptual confusion, and inconsistencies....A libertarian theory can arrive at the same basic requirements of mutual respect, autonomy, nonuse of force, and tolerance for a wide range of diverse life styles without relying on a lowest-common-denominator principle and without depriving fetuses, infants, and the mentally retarded of their status as persons. This can be done by taking a deontological approach to libertarian theory that denies that all moral beliefs are worthy of respect. Some beliefs, such as Engelhardt's belief that fetuses, infants, and the mentally retarded are nonpersons, simply fall beneath the floor of acceptable moral alternatives, even in a libertarian society, because such beliefs are based on a misunderstanding of personhood and violate the principle of mutual respect.
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Analyzing national and ethnic differences in individualism and collectivism, D. Oyserman, H. M. Coon, and M. Kemmelmeier (2002) showed that small differences in scales or samples produce markedly divergent results, challenging the validity of these constructs. The author examines the following limitations of research on individualism and collectivism: It treats nations as cultures and culture as a continuous quantitative variable; conflates all kinds of social relations and distinct types of autonomy; ignores contextual specificity in norms and values; measures culture as the personal preferences and behavior reports of individuals; rarely establishes the external validity of the measures used; assumes cultural invariance in the meaning of self-reports and anchoring and interpretation of scales; and reduces culture to explicit, abstract verbal knowledge.
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The law of informed consent expresses in legal form the ethical principle of autonomy and respect for autonomy. It is intended to enhance self-determination and rational decision-making in medicine. Three tests might be made of whether a law is a good law: (1) Is it clear and unambiguous enough to admit of fair, equal, and consistent enforcement? (2) Does it gain compliance, and widespread ideological agreement? (3) Does it enjoy a measure of success in achieving its intended goals? The law of informed consent does not impressively pass any one of these tests. It is deeply ambiguous, both in its formal structure and its pragmatic implementation. It has not won ideological agreement, doctors having been openly hostile to it, and legislatures having written statutes limiting it. There is little evidence that it has succeeded in its goals. Paradoxically, its pragmatic value might be rooted in its ostensible weakness, its ambiguity, in that this very quality keeps the discussion going. Perhaps the essential problem lies in the fact that the philosophical notion of autonomy is not a phenomenologically accurate description of the condition of the person who seeks medical help--the map is not the territory.
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