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Reviving Ulysses contracts.

Ryan Spellecy1

  • 1Center for the Study of Bioethics, Medical College of Wisconsin, Milwaukee, USA.

Kennedy Institute of Ethics Journal
|March 31, 2004
PubMed
Summary
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Ulysses contracts, which allow patients to pre-commit decisions, face paternalism concerns. This paper argues that understanding their future-planning aspect justifies enforcing some contracts under weak paternalism.

Area of Science:

  • Bioethics
  • Medical Law
  • Philosophy of Practical Reason

Background:

  • Ulysses contracts, or pre-commitment agreements, have historically faced objections regarding paternalism.
  • These contracts override present patient autonomy in favor of past decisions, raising concerns about unjustifiable strong paternalism.

Purpose of the Study:

  • To re-examine the ethical and legal justifications for Ulysses contracts in light of recent developments.
  • To address the charge of strong paternalism by analyzing the future-directed planning inherent in these agreements.

Main Methods:

  • Review of legal precedents and philosophical theories concerning practical reasoning and autonomy.
  • Ethical analysis of Ulysses contracts through the lens of paternalism, distinguishing between strong and weak forms.
Keywords:
Analytical ApproachLegal ApproachMental Health TherapiesProfessional Patient Relationship

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Main Results:

  • The enforcement of Ulysses contracts can be ethically justified.
  • A proper understanding of future-directed planning within Ulysses contracts reframes paternalism objections.
  • Some Ulysses contracts may be justifiable under the principle of weak paternalism.

Conclusions:

  • Ulysses contracts, when properly understood, do not necessarily constitute unjustifiable strong paternalism.
  • The enforcement of certain Ulysses contracts can be supported by ethical principles, particularly weak paternalism.
  • This analysis supports the revival and potential enforcement of Ulysses contracts in specific contexts.