著者

小阪 康治

出版者

日本経営倫理学会

雑誌

日本経営倫理学会誌 (ISSN:13436627)

巻号頁・発行日

vol.7, pp.173-182, 2000-03-31 (Released:2017-07-28)

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The suit filed by the Housing Loan Administration Corp. on June 30, 1998 against Sumitomo Bank in connection with Sumitomo 's alleged responsibility for the "jusen" housing loan fiasco has finally been settled by reconciliation on Feb.1, 1999. In court, Sumitomo's responsibility for huge bad loans by their inappropriate behavior was questioned. Though Sumitomo asserted that they had no legal responsibility, the Housing Loan Administration Corp. was consistently claiming that the banks which will receive public funds for survival should take the responsibility in such a case from the moral viewpoint. As a result, reconciliation that Sumitomo will pay 3,000 million yens has finally been obtained. This case appears to be one of the most important examples that pursuit of morality could become one solution even if the legal responsibility is not so clear and to be a good model showing the relation of companies and morality.

著者

小阪 康治

出版者

日本医学哲学・倫理学会

雑誌

医学哲学 医学倫理 (ISSN:02896427)

巻号頁・発行日

vol.20, pp.43-55, 2002-11-10 (Released:2018-02-01)

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Concerning the issue of Informed Consent, it is still common in Japan for ethical standpoints tobe easily affected by the legal viewpoint, though law and ethics should be under different jurisdictions. In the dispute about actual legal judgments, there are three points at issue. They are as follows: 1) Respecting doctors' judgments as professionals 2) Patient responsibility, based on the premise that patients can deal with their medical situation rationally 3) Respecting the understanding and judgment of individual patients Each point has its own merit and demerit, but the author thinks that the third idea, that is, respecting individual patient's understanding and judgment, is the most suitable when considering the concept of Informed Consent from the ethical point of view. Under the present situation, when we looked into prior judicial precedents, judgments have mainly been made on the basis of the first idea of respecting professionals' opinions. Furthermore, there are some cases where judgments were made from an ambiguous viewpoint, mixing the two or three points mentioned above. Under these circumstances, the author thinks that, in Japan, ethics should voice more about the issue of Informed Consent, and should make efforts to bring judgments based on Informed Consent closer to the ideal and appropriate form regardless of any legal dispute from the past.

著者

小阪 康治

出版者

日本医学哲学・倫理学会

雑誌

医学哲学 医学倫理 (ISSN:02896427)

巻号頁・発行日

vol.18, pp.113-121, 2000-12-15 (Released:2018-02-01)

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In the Informed Consent, there are some exceptional cases in which the explanation to a patient is not required. They are the cases of a patient in the unconscious state where the confirmation to the patient is not possible and the cases in which little risk is expected and the explanation is not required though the patient's agreement is necessary. These cases are well known in general, but considering the present situation such as remarkable progress in technology and diversification of the situation, general concern only to these cases is not sufficient. In this report, 8 judicial precedents in the past, which decided the Informed Consent unnecessary, have been critically reviewed, and the cases which didn't require the explanation have been classified in more detail. In the 8 examples, the author found that there were three types of cases. First, there were some cases that the author regards it as suitable not to explain a patient. Secondly, there were some cases that the decision of non-violation of the Informed Consent was correct at that time, but the situation has changed due to the remarkable progress in medical sciences and they need to obtain the patient's Informed Consent at present. Lastly, there were some decisions which did not understand the idea of the Informed Consent at all and the reasons for the decisions were not clear.

著者

小阪 康治

出版者

日本医学哲学・倫理学会

雑誌

医学哲学 医学倫理 (ISSN:02896427)

巻号頁・発行日

vol.16, pp.24-34, 1998-10-01 (Released:2018-02-01)

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Informed consent is the concept that has already been established in the Helsinki Declaration and Lisbon Declaration, and its necessity is now widely understood in Japan. There is a difference, however, between the principles of the declaretions and the actual medical situation. This is often true in various cases of medical ethics. It is the present situation in Japan that the ethical standards are connected with ambiguous descriptions such as "case-by-case" and emotional standards such as a doctor's sympathy for a patient and his or her death. In this report, the author tries to establish the ethical standards for informed concent so as to combine the principles of the declarations with the respective cases. It is stated that informed consent is to maintain the collaboration between the patients and medical staff by studying the Law of Moses. It is also stated that the maintenance of the medical standard including informed consent be considered from the viewpoint of ethics. In this report, the author analyze the ethical thoughts in the judicial precedents whose issues of law is in violation of informed concent. This maintenace of the medical standard itself is just the ethical standards combined with the principles of declaration, the actual medical situation and judical process.

著者

小阪 康治

出版者

日本医学哲学・倫理学会

雑誌

医学哲学 医学倫理 (ISSN:02896427)

巻号頁・発行日

vol.14, pp.4-14, 1996-10-01 (Released:2018-02-01)

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Problems concerning the "mind" are now commonly discussued in various fields. The "mind" is an important factor in the issues of informed consent and terminal care and has always been one of the main themes in philosophy. Trials to scientifically clarify the relation between the mind and the brain have recently been initiated. This paper first states that it is necessary for us to employ a new philosophical concept in evaluating the results of brain research in molecular physiology, because the terms and systems used in this area are too old and inadeqete. Secondly, it is shown that there is a possibility to use some old philosophy approaches such as Augustinian philosophy in thinking of the present mind problem, if the re translation of the terms could be suitably made and the structure of his idea could be clearly understood. Lastly, applicatlon of the analysis by Angustine was made in practice to analyze the mind connections of medical staff, patients, and their families, and it shows that the understanding of the mind structure by Augustine is effective even in the modern medical field. This paper deals only with basic principles, but the author believes that the time has come to try to combine three areas, that is, the scientific research of the brain, the problem of the mind in philosophy, and actual mind problems in the medical fields.

著者

小阪 康治

出版者

中村学園大学

雑誌

中村学園大学・中村学園大学短期大学部研究紀要 (ISSN:13477331)

巻号頁・発行日

vol.39, pp.45-52, 2007-03-15