OU Conditions of The Principle of Double Effect Question

QUESTION 110 points
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[https://www.abajournal.com/magazine/article/joyce_patricia_brown_billie_boggs_1988]
Before New York City health officials arrested her on Oct. 28, 1987-and not long before she lectured at Harvard-Joyce Patricia Brown lived a fierce, solitary existence over an air
grate on the city’s Upper East Side. Known by her street name “Billie Boggs,” she muttered incessantly and cursed angrily. Money given by passers-by was burned in mock ritual.
Clothing was tossed onto Second Avenue. Routinely, she relieved herself on the curb. Although Brown was African-American, she hurled racial epithets-and occasionally feces-at
black men who offended her, whether they existed or not.
In a 1975 ruling, O’Connor v. Donaldson, the Supreme Court had established strict standards for involuntary detention of the mentally ill. In the next decade a resulting depopulation
of mental institutions generated an eruption of homelessness, particularly in major cities. And those cities, often under pressure from local businesses, looked desperately for ways to
diminish their presence.
Mayor Ed Koch responded in 1987 with the reorganization of a city program to identify and assist the street-bound mentally ill. But where detention under O’Connor required both a
diagnosis of mental illness and a specific threat to self or others, a defiant Koch empowered Project HELP to interpret “self-neglect” as a threat-to-self that could justify involuntary
hospitalization; and at his suggestion Brown became the program’s first case.
Before her life on the street, Brown was a secretary in New Jersey. But when persistent bouts with drugs and alcohol pushed her family to have her committed, she fled to Manhattan
to hide in plain sight and was jailed and released at least five times. In the custody of Project HELP, she was confined to a ward in Bellevue Hospital and injected with Haldol and
Ativan, drug treatments ordered by program psychiatrists who diagnosed her as “schizophrenic paranoid-type.”
Though stabilized, Brown sought help from the New York Civil Liberties Union who took to court the argument that her street behavior,
however unconventional, did not meet the O’Connor standard. In November 1987, Brown testified with considerable coherence that she had
become a street life “professional”- that she changed her name to avoid her sisters, destroyed money because she feared being mugged, relieved herself on the sidewalk because
public restrooms were unavailable to her and that the muttering was her singing to herself. Impressed by her composure – and the support of several new psychiatrists – state judge
ordered her released.
Though health officials got the court order reversed, Brown’s case had provoked national debate on the moral and ethical boundaries of dealing with homelessness and mental illness:
Was the object to help the mentally ill or to clear affluent neighborhoods of human nuisance? Do narrow legal definitions of “sane” and “insane” adequately account for the variety and
nuance of mental affliction? Did Brown’s reasoned resistance to custody, as Koch argued, represent living proof of the value of forced treatment? Though pessimistic about her
prospects, beleaguered Bellevue officials released Brown after 12 weeks of forced treatment.
Upon release Brown reeted as a news-cycle celebrity. She gave interviews, pondered book offers, bought clothes on Fifth Avenue with donations from sympathizers and lectured
at Harvard. At the March 1988 Moscow Summit Ronald Reagan invoked her case as he scolded Mikhail Gorbachev on the Soviet practice of jailing political dissidents under color of
mental health treatment.
By then, however, Brown had returned to the streets. She was spotted, incoherent, at the Port Authority Bus Terminal, and later arrested with a small amount of heroin. She appeared
in court with attorney Barry Scheck, who helped gain her release conditioned on continued psychiatric treatment. Free both from jail and from public fascination, Brown spent the rest
of her life struggling anonymously with her afflictions. She died in 2005 at the age of 58.
Autonomy does not play any role in this case: the moral issue is, instead, social justice – poverty, discrimination, homelessness: autonomy is irrelevant to what is happening in this
case.
O True
O False
QUESTION 2
10 points
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Mental health is significant as a factor to assess in considering autonomy because
O a it affects the overall amount of pleasure and pain in a society.
Ob only people with very high IQ are considered to be morally autonomous.
c. autonomy as an ability presupposes that the moral decision-maker has a minimum degree of rationality.
O d. it is a matter of opinion if the mentally ill have moral autonomy or not.
QUESTION 3
10 points
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Paternalism is defined as
O a exercise of autonomy by severely mentally incapacitated persons.
O b. limiting or constraining a person’s liberty for the good of society.
O c. limiting or restraining a person’s choice for the good of the person whose liberty is limited or retrained.
Od the act of voluntary surrendering of one’s autonomy.
QUESTION 4
10 points
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Here is a rather difficult case:
A religious group refuse life-saving blood transfusions for their under-age children. Deaths of children have occurred because of this practice. Updated information on numbers can be
found on the internet. Children who have died because the transfusion was refused and withheld are considered as “martyrs” of the faith, as shown in the example of the brochure
shown below.
Awake
Awake!
Youths Who
Put God First
3-15
Informer times
thousands of youths
died for putting God
first. They are still
doing it only today
the drama is played
out in hospitals and
courtrooms, with
blood transfusions
the issue
Jehovah’s Witnesses refuse
blood transfusions on religious
grounds; their children do likewis
YOUTHS WHO
PUT GOD FIRST
The autonomy issue in this case is:
O a. The parents have the moral right to exercise their autonomous choice to follow whatever religion they want and to put to practice the precepts and tenets of that religion. It is morally irrelevant that in this case the
rejected transfusion is for the child and not for the parent.
Ob. A relevant issue in this case has to do with exercising paternalism: because the child lacks autonomy (no capacity to act as a moral decisionmaker yet), the parents are morally required to exercise paternalism over the
children: paternalism is justified in this case, and, by definition, paternalism means that the decision is for the benefit of the person who has no liberty (the child in this case.)
O c. Even though children lack the developed maturity to be decisionmakers – and, so, lack the capacity for moral autonomy – in a case of life and death like this one, children may develop precociously (before their time)
and, so, they should be considered autonomous.
Od. The parents have moral autonomy and this means that they can choose to raise their children any way they please; the fact that the child is put in mortal danger and may even die because of the parental choice is
secondary to the protection of the parents’ autonomous choice about what to do with their children.
QUESTION 5
10 points
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Using the preceding case as an example, pick the one statement that is true.
O a there are limits to what choices parents can make for their children, based on paternalism which means that the parents are morally obigated to make choices that are to the benefit of the child.
Ob parents have a moral right to make any choice with respect to how to raise and treat their children.
O c. the parents ought to think how the child would have chosen, if the child had autonomy, and follow that choice.
Od the autonomy interests of the parents take precedence over the child’s needs: the parents have an autonomous choice in how to raise and treat their children because it is integral part of the parent’s autonomous decisionmaking to take
care of their children in any way they deem fit.
QUESTION 6
10 points
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Do animals possess autonomy?
O a. Even though animals lack the ability to “step back” and think analytically about options, alternatives, desires, plans in life, they still possess autonomy because they are able to experience pleasure and pain.
O b. Even though animals are hardwired instinctive engines, so to speak, they still have autonomy because an instinctive choice is still a choice and this shows that animals have the ability to make choices, which makes them autonomous.
O c. Even if animals lack autonomy, we have the option of treating them as morally autonomous to prevent mistreatment.
Od Animals do not possess autonomy because they lack deliberative capacity – ability to “step back” and think analytically about options, alternatives, desires, plans in life…
QUESTION 7
10 points
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How is consent related to autonomy?
O a. The moral significance of consent is independent of the issue of autonomy.
O b. Consent is morally protected because failure to obtain informed consent violates a person’s autonomy
O c. Consent need not be obtained in cases of extreme mental disability – and for chidren – which shows that consent is not related to autonomy.
Od. The moral significance of consent actually originates in utilitarian thinking.
QUESTION 8
10 points
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One has to have proven high intelligence to be considered as an autonomous moral agent.
O True
O False
QUESTION 9
10 points
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If someone makes irrational decisions as evidenced by the harm they do to their life-plans — for instance, getting addicted — this shows that they lack autonomy: in that case, it is
justified to exercise paternalism toward them.
O True
O False
QUESTION 10
10 points
Save Answer
Making the wrong decisions consistently in life shows that the person lacks autonomy and they should be treated paternalistically.
O True
O False
QUESTION 11
10 points
Save Answer
Imposition of restrictions on the number of children one may have – like the one-child policy once adopted in China – is consistent with respect for moral autonomy.
O True
O False
QUESTION 12
10 points
Save Answer
The woman’s moral right to exercise control over her own body is protected on the basis of the moral value of autonomy
O True
O False
double effect What is Double Effect? What are the criteria that we need to apply? Do you
have any thoughts, observations, critiques, or questions for clarification
about any of this?
natural law
do the readings on natural law and discuss here…
https://webcampus.fdu.edu/webapps/blackboard/content/listContentEditable.jsp?
content id= 2778272 1&course id= 221913 1
Act-Rule
Utilitarianism
Explain the difference between Act and Rule Utilitarianism.
Does Rule Utilitarianism avoid results that seem morally wrong – like
killing the homeless person, as the right thing to do to make many
people happy with transplanting the organs of the homeless person?
How does Rule Utilitarianism avoid this “paradoxical” result?
Does this always work, though? — can we count on Rule Utilitarianism
always to prevent reaching such “paradoxical” decisions? (The
decision is paradoxical in the sense that it seems clearly morally
wrong to kill an innocent person to transplant his organs but this is,
nevertheless, what is morally right under act utilitarianism because
this act maximizes the overall happiness of the greatest number of
people.)
Act-Rule
Utilitarianism
Explain the difference between Act and Rule Utilitarianism.
Does Rule Utilitarianism avoid results that seem morally wrong – like
killing the homeless person, as the right thing to do to make many
people happy with transplanting the organs of the homeless person?
How does Rule Utilitarianism avoid this “paradoxical” result?
Does this always work, though? — can we count on Rule Utilitarianism
always to prevent reaching such “paradoxical” decisions? (The
decision is paradoxical in the sense that it seems clearly morally
wrong to kill an innocent person to transplant his organs but this is,
nevertheless, what is morally right under act utilitarianism because
this act maximizes the overall happiness of the greatest number of
people.)
Act-Rule
Utilitarianism
Explain the difference between Act and Rule Utilitarianism.
Does Rule Utilitarianism avoid results that seem morally wrong – like
killing the homeless person, as the right thing to do to make many
people happy with transplanting the organs of the homeless person?
How does Rule Utilitarianism avoid this “paradoxical” result?
Does this always work, though? — can we count on Rule Utilitarianism
always to prevent reaching such “paradoxical” decisions? (The
decision is paradoxical in the sense that it seems clearly morally
wrong to kill an innocent person to transplant his organs but this is,
nevertheless, what is morally right under act utilitarianism because
this act maximizes the overall happiness of the greatest number of
people.)
double effect What is Double Effect? What are the criteria that we need to apply? Do you
have any thoughts, observations, critiques, or questions for clarification
about any of this?
moral
dilemmas
Post a moral dilemma, from experience or creating one or from some source you
can identify. Make sure that it is a moral dilemma (check definition), not just a
difficult choice but a moral dilemma: at least two moral obligations but it is
impossible to perform both….
moral
dilemmas
Post a moral dilemma, from experience or creating one or from some source you
can identify. Make sure that it is a moral dilemma (check definition), not just a
difficult choice but a moral dilemma: at least two moral obligations but it is
impossible to perform both….
Act-Rule
Utilitarianism
Explain the difference between Act and Rule Utilitarianism.
Does Rule Utilitarianism avoid results that seem morally wrong – like
killing the homeless person, as the right thing to do to make many
people happy with transplanting the organs of the homeless person?
How does Rule Utilitarianism avoid this “paradoxical” result?
Does this always work, though? — can we count on Rule Utilitarianism
always to prevent reaching such “paradoxical” decisions? (The
decision is paradoxical in the sense that it seems clearly morally
wrong to kill an innocent person to transplant his organs but this is,
nevertheless, what is morally right under act utilitarianism because
this act maximizes the overall happiness of the greatest number of
people.)
double effect What is Double Effect? What are the criteria that we need to apply? Do you
have any thoughts, observations, critiques, or questions for clarification
about any of this?

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