Edward Wierenga

I discuss conditions for the validity of proxy consent to treatment on behalf of an incompetent person. I distinguish those incompetents who, when previously competent, expressed an opinion on the treatment in question from those who were never competent or who, though previously competent, never expressed an opinion on the proposed treatment. In the former case valid proxy consent usually requires respecting the stated wishes of the patient. The latter case is more difficult. I consider a widely-held principle which appeals to the counterfactual wishes of the incompetent person. I argue that it is unacceptable and propose in its place a principle having to do with the best interests of the patient. Keywords: proxy consent, informed consent, competence, hypothetical wishes, substituted judgment, counterfactual wishes CiteULike Connotea Del.icio.us What's this?

According to Myles Brand, ‘[t]he key to advocating a particularist account of events -or any account of events - is to provide adequate identity conditions’. He thinks that the function of an identity condition is ‘to specify the nature of’ events.To state an identity condition for events is to provide a way to complete the formula: The mere fact that a proposed completion of is true does not imply that it is an informative identity condition for events or that it plays any role in specifying the nature of events.

One of the strongest arguments for the incompatibility of divine foreknowledge and human free action appeals to the apparent fixity or necessity of the past. Two leading responses to the argument—Ockhamism, which denies a premiss of the argument, and the so-called “eternity solution”, which holds that strictly speaking God does not have foreknowledge—have both come under attack on similar grounds. Neither response, it is alleged, is adequate to the case of divine prophecy. In this paper I shall first state the argument in question and the two responses to it. I shall then consider objections to these responses, focusing primarily on how they deal with prophecy.