Enhanced knowledge of the nature and causes of mental disorder have led increasingly to a need for the recruitment of ‘cognitively vulnerable’ participants in biomedical research. These individuals often fall into the ‘grey area’ between obvious decisional competence and obvious decisional incompetence and, as a result, may not be recognised as having the legal capacity to make such decisions themselves. At the core of the ethical debate surrounding the participation of cognitively vulnerable individuals in research is when, if at all, we should judge them decisionally and legally competent to consent to or refuse research participation on their own behalf and when they should be judged incompetent in this respect. In this book, the author develops a novel justificatory framework for making judgments of decisional competence to consent to biomedical research with reference to five groups of cognitively vulnerable individuals - older children and adolescents, adults with intellectual disabilities, adults with depression, adults with schizophrenia and adults with dementia, including Alzheimer’s disease. Using this framework, the author argues that we can make morally defensible judgments about the competence or incompetence of a potential participant to give contemporaneous consent to research by having regard to whether a judgment of competence would be more harmful to the ‘generic rights’ of the potential participant than a judgment of incompetence. The argument is also used to justify an account of supported decision-making in research, and applied to evaluate the extent to which this approach is evident in existing ethical guidelines and legal provisions. The book will be of interest to bioethicists as well as psychiatrists and academic medical lawyers interested in normative questions raised by the concepts of competence and capacity.

This book addresses the emerging field of neuromarketing, which, at its core, aims to better understand the impact of marketing stimuli by observing and interpreting human emotions. It includes contributions from leading researchers and practitioners, venturing beyond the tactics and strategies of neuromarketing to consider the ethical implications of applying powerful tools for data collection. The rationale behind neuromarketing is that human decision-making is not primarily a conscious process. Instead, there is increasing evidence that the willingness to buy products and services is an emotional process where the brain uses short cuts to accelerate the decision-making process. At the intersection of economics, neuroscience, consumer behavior, and cognitive psychology, neuromarketing focuses on which emotions are relevant in human decision-making, and uses this knowledge to make marketing more effective. The knowledge is applied in product design; enhancing promotions and advertising, pricing, professional services, and store design; and improving the consumer experience as a whole. The foundation for all of this activity is data gathering and analysis. Like many new processes and innovations, much of neuromarketing is operating far ahead of current governmental compliance and regulation and thus current practices are raising ethical issues. For example, facial recognition software, used to monitor and detect a wide range of micro-expressions, has been tested at several airports—under the guise of security and counterterrorism. To what extent is it acceptable to screen the entire population using these powerful and intrusive techniques without getting passengers’ consent? Citing numerous examples from the public and private sectors, the editors and contributing authors argue that while the United States has catalyzed technological advancements, European companies and governments are more progressive when it comes to defining ethical parameters and developing policies. This book details many of those efforts, and offers rational, constructive approaches to laying an ethical foundation for neuromarketing efforts.

"In the new 2016 version of the ethical guidelines, CIOMS provides answers to a number of pressing issues in research ethics. The Council does so by stressing the need for research having scientific and social value, by providing special guidelines for health-related research in low-resource settings, by detailing the provisions for involving vulnerable groups in research and for describing under what conditions biological samples and health-related data can be used for research."--Page 4 de la couverture.

Alongside globalization, the sense of vulnerability among people and populations has increased. We feel vulnerable to disease as new infections spread rapidly across the globe, while disasters and climate change make health increasingly precarious. Moreover, clinical trials of new drugs often exploit vulnerable populations in developing countries that otherwise have no access to healthcare and new genetic technologies make people with disabilities vulnerable to discrimination. Therefore the concept of ‘vulnerability’ has contributed new ideas to the debates about the ethical dimensions of medicine and healthcare. This book explains and elaborates the new concept of vulnerability in today’s bioethics. Firstly, Henk ten Have argues that vulnerability cannot be fully understood within the framework of individual autonomy that dominates mainstream bioethics today: it is often not the individual person who is vulnerable, rather that his or her vulnerability is created through the social and economic conditions in which he or she lives. Contending that the language of vulnerability offers perspectives beyond the traditional autonomy model, this book offers a new approach which will enable bioethics to evolve into a global enterprise. This groundbreaking book critically analyses the concept of vulnerability as a global phenomenon. It will appeal to scholars and students of ethics, bioethics, globalization, healthcare, medical science, medical research, culture, law, and politics.

The aim of this volume is to open up reflection on the nature of vulnerability, the responsibilities owed to the vulnerable, who bears these responsibilities, and how they are best fulfilled. In canvassing responses to these questions, the contributors engage with a range of ethical traditions and with issues in contemporary political philosophy and bioethics. Some essays in the volume explore the connections between vulnerability, autonomy, dignity, and justice. Other essays engage with a feminist ethics of care to articulate the relationship between vulnerability, dependence, and care. These theoretical approaches are complemented by detailed examination of vulnerability in specific contexts, including disability; responsibilities to children; intergenerational justice; and care of the elderly. The essays thus address fundamental questions concerning our moral duties to each other as individuals and as citizens. Contributing significantly to the development of an ethics of vulnerability, this volume opens up promising avenues for future research in feminist philosophy, moral and political philosophy, and bioethics.

Since its inception as an international requirement to protect patients and healthy volunteers taking part in medical research, informed consent has become the primary consideration in research ethics. Despite the ubiquity of consent, however, scholars have begun to question its adequacy for contemporary biomedical research. The Limits of Consent explores this issue, reviewing the application of consent to genetic research, clinical trials, and research involving vulnerable populations. For example, in genetic research, information obtained from an autonomous research participant may have significant bearing on the interests of family members who have not consented to the study. This casts doubt on the adequacy of consent for such studies. The Limits of Consent also questions the assumptions that informed consent is essential and that it satisfactorily protects the principle of individual autonomy. It reviews recent empirical studies that challenge the possibility of truly informed consent and highlights the extent to which consent is governed by social norms and expectations. It also investigates how consent might be of secondary importance in some circumstances, for example when a research project appears to protect a public or community interest. Building on these observations, the authors make bold attempts to outline constructive solutions to the problems identified with perspectives from medicine, law, philosophy and sociology. This fascinating and provocative exploration of the limits of informed consent will appeal to ethicists, social scientists, health lawyers, clinical researchers, research ethics committee members, policy makers, and others with an interest in bioethics.

""Two important aspects covered in this text are the ethical considerations in qualitative research methodologies, and the attention that is needed in University Research Ethics Committees to understanding and addressing these methodologies.""

Is the legal protection that is given to the expression of Abrahamic religious belief adequate or appropriate in the context of English medical law? This is the central question that is explored in this book, which develops a framework to support judges in the resolution of contentious cases that involve dissension between religious belief and medical law, developed from Alan Gewirth’s Principle of Generic Consistency (PGC). This framework is applied to a number of medical law case studies: the principle of double effect, ritual male circumcision, female genital mutilation, Jehovah’s Witnesses (adults and children) who refuse blood transfusions, and conscientious objection of healthcare professionals to abortion. The book also examines the legal and religious contexts in which these contentious cases are arbitrated. It demonstrates how human rights law and the proposed framework can provide a gauge to measure competing rights and apply legitimate limits to the expression of religious belief, where appropriate. The book concludes with a stance of principled pragmatism, which finds that some aspects of current legal protections in English medical law require amendment.

Dementia is a topic of enormous human, medical, economic, legal and ethical importance. Its importance grows as more of us live longer. The legal and ethical problems it raises are complex, intertwined and under-discussed. This book brings together contributions from clinicians, lawyers and ethicists – all of them world leaders in the field of dementia – and is a comprehensive, scholarly yet accessible library of all the main (and many of the fringe) perspectives. It begins with the medical facts: what is dementia? Who gets it? What are the current and future therapeutic and palliative options? What are the main challenges for medical and nursing care? The story is then taken up by the ethicists, who grapple with questions such as: is it legitimate to lie to dementia patients if that is a kind thing to do? Who is the person whose memory, preferences and personality have all been transformed by their disease? Should any constraints be placed on the sexual activity of patients? Are GPS tracking devices an unpardonable interference with the patient's freedom? These issues, and many more, are then examined through legal lenses. The book closes with accounts from dementia sufferers and their carers. It is the first and only book of its kind, and the authoritative text. This title is included in Bloomsbury Professional's Family Law online service.