Reading Lorca through the Microscope

Cavanaugh, Cecelia J.

doi:10.2307/20062829

Cited by 5 publications

(1 citation statement)

References 4 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Alternatively, the duty to articulate can be expressed as the "reasonableness requirement", advocated by Card, Cavanaugh and Magelssen, 103 according to which '[t]he objector must be capable of giving reasons accessible to others, in contrast to asserting an entirely personal stance'. 104 Under this requirement, those seeking CBEs would be obliged to cite 'good reasons … reasons that others should accept'. 105 This version of the duty, it is claimed, precludes permitting exemptions grounded on baseless or discriminatory beliefs since 'conscientious objections motivated by such beliefs could not be reasonable'.…”

Section: Duties Accepted With Qualificationmentioning

confidence: 99%

'In Good Conscience': Conscience-Based Exemptions and Proper Medical Treatment

Fovargue¹,

Neal²

2015

Medical Law Review

View full text Add to dashboard Cite

Lack of clarity about the proper limits of conscientious refusal to participate in particular healthcare practices has given rise to fears that, in the absence of clear parameters, conscience-based exemptions may become increasingly widespread, leading to intolerable burdens on health professionals, patients, and institutions. Here, we identify three factors which clarify the proper scope of conscience-based exemptions: the liminal zone of 'proper medical treatment' as their territorial extent; some criteria for genuine conscientiousness; and the fact that the exercise of a valid conscience-based exemption carries certain duties with it. These restricting factors should reassure those who worry that recognising rights of conscience at all inevitably risks rampant subjectivity and self-interest on the part of professionals. At the same time, they delineate a robust conscience zone: where a claim of conscience relates to treatment with liminal status and satisfies the criteria for conscientious character, as well as the conditions for conscientious performance, it deserves muscular legal protection.

show abstract

Section: Duties Accepted With Qualificationmentioning

confidence: 99%