Hypothetical Contractarianism and the Disclosure Requirement Problem in Informed Consent
Cust, Kenneth F.T.
Journal of Medical Humanities. 1991 Fall; 12(3): 119-138.
Two of the more deeply problematic issues surrounding the doctrine of informed consent are providing a justification for the practice of informed consent and providing an account of the nature and amount of information that must be disclosed in order for informed consent to take place. This paper is concerned with the latter problem, the problem of disclosure requirements, but it deals with this problem in a novel way; it approaches the problem by asking what fully informed and fully rational agents would agree to under certain hypothetical conditions. In general terms I juxtapose the hypothetical contractarianism found in Rawls'
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