HEC Forum 33 (3):269-289 (2021)

Authors
Nir Ben-Moshe
University of Illinois, Urbana-Champaign
Abstract
The literature on conscientious objection in medicine presents two key problems that remain unresolved: Which conscientious objections in medicine are justified, if it is not feasible for individual medical practitioners to conclusively demonstrate the genuineness or reasonableness of their objections? How does one respect both medical practitioners’ claims of conscience and patients’ interests, without leaving practitioners complicit in perceived or actual wrongdoing? My aim in this paper is to offer a new framework for conscientious objections in medicine, which, by bringing medical professionals’ conscientious objection into the public realm, solves the justification and complicity problems. In particular, I will argue that: an “Uber Conscientious Objection in Medicine Committee” —which includes representatives from the medical community and from other professions, as well as from various religions and from the patient population—should assess various well-known conscientious objections in medicine in terms of public reason and decide which conscientious objections should be permitted, without hearing out individual conscientious objectors; medical practitioners should advertise their conscientious objections, ahead of time, in an online database that would be easily accessible to the public, without being required, in most cases, to refer patients to non-objecting practitioners.
Keywords Conscientious Objection  Complicity  Genuineness  Reasonableness  Constructivism  Public Reason
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DOI 10.1007/s10730-020-09401-z
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References found in this work BETA

The Theory of Moral Sentiments.Adam Smith - 1759 - Dover Publications.
Political Liberalism.J. Rawls - 1995 - Tijdschrift Voor Filosofie 57 (3):596-598.
Kantian Constructivism in Moral Theory.John Rawls - 1980 - Journal of Philosophy 77 (9):515-572.
Political Liberalism: Expanded Edition.John Rawls - 2005 - Columbia University Press.

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