7 - Revisiting the Hard Cases – Some Final Thoughts

Summary

Chapter 7 revisits the hard cases applying the consentability framework and proposes that consentability should be based, not upon the fact of payment, but upon the threat that an activity poses to one’s future self. Where the threat to autonomy is high, the act should be prohibited or “inconsentable” for most people. For example, certain medical trials might be restricted to those who understand the risks of the procedure (perhaps only other medical personnel) or to those who have nothing much to lose (because they are suffering from incurable pain, a terminal illness or imminent death). However, as more information becomes available about the potential consequences of an experiment or procedure, the knowledge condition may be more robust for more people with the result being that more people may validly consent to participate.