This paper will begin with a brief account of the mandate and description of the Law Reform Commission of Canada and its Protection of Life Project, secondly, point to a limitation imposed upon it by the nature of health law in Canada and, thirdly propose some basic questions which such commissions have both the luxury and the duty to wrestle with and resolve. In my view it is these fundamental challenges which ought to be the major components of the standards (...) by which national commissions such as ours are judged. (shrink)

OBJECTIVES: This study was designed to identify and compare the attitudes of patients and health care professionals towards advance directives. Advance directives promote recognition of the patient's autonomy, letting the individual exercise a certain measure of control over life-sustaining care and treatment in the eventuality of becoming incompetent. DESIGN: Attitudes to advance directives were evaluated using a 44-item self-reported questionnaire. It yields an overall score as well as five factor scores: autonomy, beneficence, justice, external norms, and the affective dimension. SETTING: (...) Health care institutions in the province of Québec, Canada. Survey sample: The sampling consisted of 921 subjects: 123 patients, 167 physicians, 340 nurses and 291 administrators of health care institutions. RESULTS: Although the general attitude of each population was favourable to the expression of autonomy, multivariate analysis of variance (MANOVA) indicated that physicians attached less importance to this subscale than did other populations (p < .001). Above all, they favoured legal external norms and beneficence. Physicians and administrators also attached less importance to the affective dimension than did patients and nurses. Specifically, physicians' attitudes towards advance directives were shown to be less positive than patients' attitudes. CONCLUSION: More attention should be given to the importance of adequately informing patients about advance directives because they may not represent an adequate means for patients to assert their autonomy. (shrink)

This article seeks to shed light on the beliefs that influence nurses’ intention of respecting or not respecting an advance directive document, namely a living will or a durable power of attorney. Nurses’ beliefs were measured using a 44-statement questionnaire. The sample was made up of 306 nurses working either in a long-term care centre or in a hospital centre offering general and specialized care in the province of Québec. The results indicate that nurses have a strong intention of complying (...) with advance directives written by patients. The analysis also shows that four variables determine the strength of this intention: respect for autonomy; the location of the workplace; justice; and the dimension of relationships and emotions. Although these documents favour the expression of patients’ wishes, nurses should be aware that they do not systematically guarantee respect of a patient’s autonomy, nor do they replace a relationship based on trust between patients and health care professionals. (shrink)

This chapter argues that ethics plays an extremely important role in decision making and lawmaking in bioethics issues. These decisions are not simple case-by-case judgments; rather, they rest upon deeply considered ethical opinions. It also discusses the implications of this epistemic grounding for bioethics and its use of case law materials as an ethical resource. Finally, since many people base their moral judgments on religious beliefs, the religious implications of this legal-moral relationship are considered.

Whittaker, following Siebeck, pointed out the important role Plotinus assigns to the functions of imagination in psychic life. Imagination is the terminus ad quern of all properly human conscious experience; it is that faculty of man without which there can be no conscious experience. The sensitive soul is an imaginative soul below which there is Nature, or vegetative soul, which acts without being conscious. When the functions of reason are added to sensation to produce a rational human being, there is (...) conscious discursive thought as well as conscious sensation; and since the sensitive soul cannot be responsible for the imaging of rational concepts, Plotinus asserts the existence of a conceptual imagination. (shrink)

This paper is based on a semantic foundation of quantum logic which makes use of dialog-games. In the first part of the paper the dialogic method is introduced and under the conditions of quantum mechanical measurements the rules of a dialog-game about quantum mechanical propositions are established. In the second part of the paper the quantum mechanical dialog-game is replaced by a calculus of quantum logic. As the main part of the paper we show that the calculus of quantum logic (...) is complete and consistent with respect to the dialogic semantics. Since the dialoggame does not involve the 'excluded middle' the calculus represents a calculus of effective (intuitionistic) quantum logic. In a forthcoming paper it is shown that this calculus is equivalent to a calculus of sequents and more interestingly to a calculus of propositions. With the addition of the 'excluded middle' the latter calculus is a model for the lattice of subspaces of a Hilbert space. (shrink)

The article argues against the commonly held 'green glasses' interpretation of Kant's "a priori", where any one's familiar experience must be seen as integrated by space and time and the categories. Such an interpretation does not answer Hume's problem, Which was whether any necessary connection could be found in experience. For the connections of familiar experience are customary and contingent. Passages from Kant are cited to show that he meant by 'objective experience', not familiar experience, but that body of scientific (...) observation which has been connected according to law. The "a priori" turns out to be what the scientist finds necessary for the possibility of such a connected experience. (shrink)

In this article, the author focuses on the allocation of decision-making authority between parents and physicians. She argues that parents should have substantial room to decide whether genetic testing is good for their child and that they may appropriately consider interests in addition to those of their child in making such choices. A physician, however, may refuse to act pursuant to parental views about testing, when in the physician's view, the parents' choices would pose a risk of significant harm to (...) the child. The balance of control between parents and physicians is illustrated by discussion of a series of case vignettes. Refusal to perform requested testing is most often warranted for testing for carrier status and for genetic predisposition to late onset disease. The author concludes her analysis by discussing why it is appropriate to give increasing deference to the views of the child as the child grows older. (shrink)

In a preceding paper [1] it was shown that quantum logic, given by the tableaux-calculus Teff, is complete and consistent with respect to the dialogic foundation of logics. Since in formal dialogs the special property of the 'value-definiteness' of propositions is not postulated, the calculus $T_{eff}$ represents a calculus of effective (intuitionistic) quantum logic. Beginning with the tableaux-calculus the equivalence of $T_{eff}$ to calculi which use more familiar figures such as sequents and implications can be investigated. In this paper we (...) present a sequents-calculus of Gentzen-type and a propositional calculus of Brouwer-type which are shown to be equivalent to $T_{eff}$ . The effective propositional calculus provides an interpretation for a lattice structure, called quasi-implicative lattice. If, in addition, the value-definiteness of quantum mechanical propositions is postulated, a propositional calculus is obtained which provides an interpretation for a quasi-modular orthocomplemented lattice which, as is well-known, has as a model the lattice of subspaces of a Hilbert space. (shrink)