1,720,972 research outputs found
Towards a European code of medical ethics. Ethical and legal issues
No full textThe feasibility of a common European code of medical ethics is discussed, with consideration and evaluation of the difficulties such a project is going to face, from both the legal and ethical points of view. On the one hand, the analysis will underline the limits of a common European code of medical ethics as an instrument for harmonising national professional rules in the European context; on the other hand, we will highlight some of the potentials of this project, which could be increased and strengthened through a proper rulemaking process and through adequate and careful choice of content. We will also stress specific elements and devices that should be taken into consideration during the establishment of the code, from both procedural and content perspectives. Regarding methodological issues, the limits and potentialities of a common European code of medical ethics will be analysed from an ethical point of view and then from a legal perspective. The aim of this paper is to clarify the framework for the potential but controversial role of the code in the European context, showing the difficulties in enforcing and harmonising national ethical rules into a European code of medical ethics
Palliative Care against Medically Assisted Death? Misunderstanding and Instrumental Objections
No full textContext: Palliative Care (PC) and Medically Assisted Death (MAD), specifically assisted suicide and euthanasia, are distinct practices characterized by differing objectives, methods, implementation and outcomes. Representatives of PC, including scientific societies or physicians, may, in certain cases, adopt a critical stance towards MAD. Objectives: The study aims to explore the underlying reasons for such opposition. Methods: To this end, the philosophical underpinnings and legal conditions of PC and MAD will be analyzed. Results: The ethical and philosophical landscape of PC and MAD leads us to identify, on one hand, the Hippocratic paradigm and, on the other hand, what we call Socratic medicine. From a legal analysis perspective, the presence of intolerable suffering serves as a common ground between the two practices, albeit risking being the subject of misunderstandings and instrumental objections. Conclusion: Preventing an instrumental use of PC in relation to MAD is crucial to enable the respect and the coexistence of the two practices
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Riflessioni sulle dimensioni della normatività: etica, deontologia e diritto. Il ruolo della deontologia in prospettiva comparata
Full text linkThe paper aims to analyse form a comparative perspective the role of codes of medical ethics (CME) in the interplay of rules concerning medical assisted dying. In Europe CMEs are gaining growing attention, due to their ability to regulate important aspects of professional conduct, including end of life issues. Professional rules can complement the legal framework but can also turn out to be in contrast with legal provisions and in these conflicts medical ethics can act either as a source of law fostering the protection of patients’ rights or as a tool undermining it. After having analysed the legal value of CMEs from a comparative perspective, the essay sketches some of the most significant and multifaceted interactions between the law and the CMEs in the field of medical assisted dying in some European countries.The paper aims to analyse form a comparative perspective the role of codes of medical ethics (CME) in the interplay of rules concerning medical assisted dying. In Europe CMEs are gaining growing attention, due to their ability to regulate important aspects of professional conduct, including end of life issues. Professional rules can complement the legal framework but can also turn out to be in contrast with legal provisions and in these conflicts medical ethics can act either as a source of law fostering the protection of patients’ rights or as a tool undermining it. After having analysed the legal value of CMEs from a comparative perspective, the essay sketches some of the most significant and multifaceted interactions between the law and the CMEs in the field of medical assisted dying in some European countries
La deontologia medica tra pluralismo assiologico e pluralità di sedi di giudizio
Full text linkThe paper aims at analysing the role of medical professional ethics in the plurality of pluralisms (legal, axiological and material) affecting medical profession, patient healthcare and medical liability. Accordingly, the essay focuses – from a comparative perspective – on the role, the strengths and weaknesses of both the code of medical ethics and the disciplinary procedures in the Italian legal system, trying to stress some of the main intricate issues concerning the multi-faceted interconnec- tions between law and medical ethics, and between state and profession. In these perspectives, the medical professional ethics proves to be an element of legal and ax- iological pluralism and at the same time a tool (potentially) accommodating pluralism. The paper aims at analysing the role of medical professional ethics in the plurality of pluralisms (legal, axiological and material) affecting medical profession, patient healthcare and medical liability. Accordingly, the essay focuses – from a comparative perspective – on the role, the strengths and weaknesses of both the code of medical ethics and the disciplinary procedures in the Italian legal system, trying to stress some of the main intricate issues concerning the multi-faceted interconnec- tions between law and medical ethics, and between state and profession. In these perspectives, the medical professional ethics proves to be an element of legal and ax- iological pluralism and at the same time a tool (potentially) accommodating pluralism.
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
The role of medical ethics as a source of law : a comparative analysis
No full textL'objet de la thèse, préparée dans le cadre de la convention de co-tutelle entre l’Université de Trento en Italie et l’Université Paris Ouest Nanterre la Défense en France, consiste dans une analyse comparée du rôle de la déontologie médicale dans les sources du droit en Italie, France et Allemagne. Le spectre d’analyse adopté est double. On cherche d’abord à rendre compte des aspects architecturaux des rapports entre droit et déontologie médicale ; ce faisant, on concentre l’analyse sur les modalités de la codification de l’éthique professionnelle en France, en Allemagne et en Italie, sur le pouvoir normatif des ordres professionnels, et sur la valeur juridique des codes de déontologie médicale et leur intégration dans le système des sources du droit. En second lieu, on cherche, dans une perspective plus substantielle, à comprendre les relations entre droit et déontologie, et notamment le rôle de la déontologie médicale dans le domaine du biodroit. Ce spectre d’analyse est en outre élargi à la procédure disciplinaire et à la perspective européenne. La première partie de la thèse est dédiée à certaines remarques préliminaires et notamment à un effort de définition de la déontologie médicale, à certaines « questions ouvertes » de son rapport avec le droit et à la relation, en perspective comparée, entre langue et droit dans la signification du mot « déontologie ». La seconde partie est dédiée à la codification de l’éthique professionnelle, alors que le rôle de la déontologie médicale dans le biodroit est l’objet de la troisième partie. La quatrième partie concerne la procédure disciplinaire et, finalement, la cinquième partie est dédiée à la reconstruction et l’analyse critique des résultats de la comparaison, à la perspective européenne et à la proposition d’un nouveau modèle italien des rapports entre le droit et la déontologie médicale.The thesis aims at analysing, from a comparative perspective, the role of medical ethics in Italy, France and Germany. The survey focuses on both the formal and substantive aspects of the relationships between law and medical ethics. As to the first issue, the thesis analyses the codification of medical ethics, the normative function of the medical councils, the binding value of the codes of medical ethics and their position in the hierarchy of norms. With regard to the second aspect, the role of medical ethics is studied from a more substantial perspective, analysing the concrete interrelations between law and medical ethics in the field of biolaw. The survey is then extended to the disciplinary procedure and to the European level. In the first part, the relationships between law and medical ethics are analysed from a linguistic perspective, aiming at underlining some specific features of the concepts referred to as “déontologie”, “deontologia” or “Standesrecht” and “Berufsordnung” in France, Italy and Germany. This part also deals with some “open questions” characterising the relationships between medical ethics and the law. The second part concerns the codification of medical ethics, while its role in the field of biolaw is analysed in the third part. The fourth part deals with deontological liability and disciplinary procedures. Lastly, the fifth part aims at elaborating a theoretical reconstruction of the results of the comparative analysis, at highlighting the main roles of medical ethics at the European level and at suggesting a different model for the relationships between law and medical ethics in the Italian system.L’obiettivo della tesi è un’analisi comparata del ruolo della deontologia medica nel sistema delle fonti del diritto in Italia, Francia e Germania. Per tenere conto della complessità del rapporto tra diritto e deontologia, sono stati analizzati sia gli aspetti formali di tale rapporto, sia i profili sostanziali del ruolo della deontologia medica nel biodiritto. Nella prima parte alcune considerazioni preliminari e l’analisi linguistica hanno permesso di definire l’ambito di indagine e i profili di maggiore complessità del rapporto tra dimensione deontologica e dimensione giuridica sui quali nelle parti successive si è concentrata l’indagine. La seconda parte, dedicata alla codificazione dell’etica medica, ha messo in luce la varietà di soluzioni e di modalità di ingresso della norma deontologica nell’ordinamento giuridico. Nella terza parte sono stati analizzati il ruolo della deontologia medica nell’ambito del biodiritto e l’influenza di alcuni fattori particolarmente rilevanti sull’evoluzione dei contenuti concreti dei codici deontologici e sulla loro portata pratica. La quarta parte è dedicata alla violazione della deontologia e ai procedimenti disciplinari. Infine la parte conclusiva contiene una ricostruzione teorica dei risultati emersi dall’analisi comparata, lo studio di alcuni profili legati alla dimensione europea della deontologia e la proposta di alcune ipotesi di riforma per un modello italiano più coerente, flessibile ed efficace dei rapporti tra diritto e deontologia
Autonomia e responsabilità medica: la scelta deontologicamente (dis)orientata
Full text linkStarting from the difficulties in balancing the need for certainty with flexibility in the regulation of medical practice, the paper analyses the role of medical ethics in defining, safeguarding and governing medical autonomy and responsibility. Convergences, divergences and mutual relationships between professional ethics and law are discussed, with consideration and evaluation of the challenges the role of this source of (soft)law is facing. Reflecting upon a more broader context of medical responsibility, which does not simply correspond to legal liability, the aim of this paper is, on the one hand, to clarify the framework for the potential but controversial role of the code of medical ethics, and on the other hand, to highlight specific elements and devices that should be taken into consideration in shaping a more coherent model of relationships between law, scientific evidence and medical ethics.Starting from the difficulties in balancing the need for certainty with flexibility in the regulation of medical practice, the paper analyses the role of medical ethics in defining, safeguarding and governing medical autonomy and responsibility. Convergences, divergences and mutual relationships between professional ethics and law are discussed, with consideration and evaluation of the challenges the role of this source of (soft)law is facing. Reflecting upon a more broader context of medical responsibility, which does not simply correspond to legal liability, the aim of this paper is, on the one hand, to clarify the framework for the potential but controversial role of the code of medical ethics, and on the other hand, to highlight specific elements and devices that should be taken into consideration in shaping a more coherent model of relationships between law, scientific evidence and medical ethics
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