Principlism - Applying Principlism

Applying Principlism

The following is an approach that can be used towards applying Principlism to a particular case.

DETERMINE THE RELEVANT PARTIES

a. SPECIFYING THE RELEVANT PARTIES: i. Positive Rights: (Obligation of others to provide something) 1. Subject, guardian, or social institutions 2. Relatives 3. Community 4. State government 5. Federal government 6. International government 7. Other ii. Negative Rights: (Obligation of others to not interfere) 1. Subject, guardian, or social institutions 2. Relatives 3. Community 4. State government 5. Federal government 6. International government 7. Other b. BALANCING THE RELEVANT PARTIES: If appropriate put the relevant parties in hierarchical order, and/or indicate if one or more party has more compelling interests over one or more of the others.

I. AUTONOMY

a. SPECIFYING AUTONOMY: (Relate to negative and positive rights if relevant) i. Personal Authorization 1. Intention: usually communicated by Express, Implied, or Tacit Consent 2. Substantial knowledge: usually provided using the Professional Practice Standard, Reasonable Person Standard, or Subjective Standard 3. Substantial freedom: usually effected by such aspects as Persuasion, Coercion, and Manipulation ii. Institutional Authorization 1. Intention: usually implemented by a signed document 2. Substantial knowledge: usually provided by a written document based on the Professional Practice Standard and/or the Reasonable Person Standard 3. Substantial freedom: If the document is not signed then the services are usually not provided b. BALANCING AUTONOMY: Balance the above by putting the obligations in hierarchical order, and/or by indicating if one has a more compelling interest over the other.

II. NONMALEFICENCE

a. SPECIFYING NONMALEFICENCE: i. What are the burdens of the various options for the subject and/or relevant parties? ii. What personal and social rights need to be considered? 1. Positive Rights: Obligation(s) of others for preventing or alleviating a harm 2. Negative Rights: Obligation(s) of others to not interfere in a potential or actual harm b. BALANCING NONMALEFICENCE: Balance the above by putting the obligations in hierarchical order, and/or by indicating if one has a more compelling interest over the other.

III. BENEFICENCE

a. SPECIFYING BENEFICENCE: i. What are the benefits of the various options for the subject and/or relevant parties? ii. What personal and social rights need to be considered? 1. Positive Rights: Obligations of others for providing a potential or actual benefit 2. Negative Rights: Obligations of others to not interfering in a potential or actual benefit b. BALANCING BENEFICENCE: Balance the above by putting the obligations in hierarchical order, and/or by indicating if one has a more compelling interest over the other.

IV. JUSTICE

a. SPECIFYING JUSTICE: i. What are the legal or social issues with regards to the subject and/or relevant parties? 1. Personal Rights and Liberties as provided by the State, Federal, or International social structures 2. Social Rights and Liberties as provided by the State, Federal, or International social structures 3. Political Rights and Liberties as provided by the State, Federal, or International social structures ii. How do the above issues relate to positive rights (obligations of others to provide) and negative rights (obligations of others to not interfere)? b. BALANCING JUSTICE: Balance the above by putting them in hierarchical order, and/or by indicating if one has a more compelling interest over the other.

BALANCING THE FOUR PRINCIPLES

a. How many of the four principles are relevant for this case? b. In this particular case, which principles are most influential and why? c. Is it possible to maximize most or all of the four principles or do one or more of them override one or more of the others and why?

CONCLUSION

Summarize the specification and balancing within each of the four principles and then summarize the reasoning behind the balancing of the four principles and present the reasons why the chosen moral decision would have a higher probability of accomplishing the balancing end rather than some other decision.

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