The Seminal Contribution of Rabbi Moshe Feinstein to the Development of Modern Jewish Medical Ethics

The purpose of this essay is to show how, on a wide variety of issues, Rabbi Moshe Feinstein broke new ground with the established Orthodox rabbinic consensus and blazed a new trail in Jewish medical ethics. Rabbi Feinstein took power away from the rabbis and let patients decide their treatment, he opened the door for a Jewish approach to palliative care, he supported the use of new technologies to aid in reproduction, he endorsed altruistic living organ donation and recognized brain death (thus laying the groundwork for Orthodox Jewish acceptance of heart transplantation), he downplayed the value of social worth in triage decisions, and was a fierce defender of the rights of the fetus. I develop broader theological principles from Rabbi Feinstein's ethical positions and compare them to those of his Jewish and Christian contemporaries.     

Legal and Ethical Considerations for Requiring Consent for Apnea Testing in Brain Death Determination

Abstract

The past decade has witnessed escalating legal and ethical challenges to the diagnosis of death by neurologic criteria (DNC). The legal tactic of demanding consent for the apnea test, if successful, can halt the DNC. However, US law is currently unsettled and inconsistent in this matter. Consent has been required in several trial cases in Montana and Kansas but not in Virginia and Nevada. In this paper, we analyze and evaluate the legal and ethical bases for requiring consent before apnea testing and defend such a requirement by appealing to ethical and legal principles of informed consent and battery and the right to refuse medical treatment. We conclude by considering and rebutting two major objections to a consent requirement for apnea testing: (1) a justice-based objection to allocate scarce resources fairly and (2) a social utility objection that halting the diagnosis of brain death will reduce the number of organ donors.     

论器官移植准入制的施行及其意义

器官移植是目前临床上治疗那些已经不能用其他疗法治愈的重要生命器官终末期疾病的惟一有效的方法。同国际水平相比,我国的器官移植手术成功率和长期存活率还存在着相当的差距。由于我国还没有一部关于器官移植的法律,导致了国内器官移植的无序竞争,同时造成了可供移植器官的巨大浪费。《人体器官移植技术临床应用管理暂行办法》能够有效地缓解这种矛盾,同时有利于发扬医学人文精神,体现医学伦理学道德。     

A model for predicting prejudice and stigma expression by understanding target perceptions: The effects of visibility,politicization, responsibility,and entitativity

The study of hostile orientations toward outgroups is divided into three main domains: (i) overt (explicit, old-fashioned, or hostile) prejudice; (ii) veiled (implicit, modern, aversive, or subtle) prejudice, and (iii) stigma. To date, there is no systematic account of which form of hostility is likely to be expressed toward members of particular target groups. We propose a model that integrates the two forms of prejudice and the concept of stigma into a single framework. The contingency model of stigma and prejudice expression postulates that overt or veiled prejudice is a function of an interaction of prevailing perceptions of target groups within their cultural context. There are four major target perceptions that influence prejudice expression through increasing threat perception: visibility, target politicization, responsibility, and entitativity. These target perceptions describe the process and the qualitative conditions that determine the expression of prejudice toward members of different groups and social categories.