My Times are in Thy Hand Cover Image
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„Дните ми са в твоите ръце“
My Times are in Thy Hand

Author(s): Stiliyan Yotov
Subject(s): Social Sciences
Published by: Институт по философия и социология при БАН
Keywords: former autonomy; surrogate decision making; incapacitation; trust and reliance;

Summary/Abstract: I discuss here the problem of taking decisions in situations of present will-competence but having consequences in later periods, where their author could lose irreversibly his capacity to use and to rule his own will. In the first part I reconstruct the topic in accordance with the rashly developed potentials of the recent medicine and health care and from the perspective of the traditional and stale law institutes. Having this background in mind, I think, is easy to conceptualize the moral nature of the debate – the value conflict between „the autonomy“ and „the will to live“, and the evaluation of this conflict just from „outside“ – considering other parsons only as patients without ability to act on their own account. In the discussion of the two main categories of conceptual and practical obstacles – the living will and the health proxy – I intentionally let them reflect each other. The aim of this risky coexistence is – on the basis of the terminological differentiation between ‘trust’ & ‘reliance’ – to offer in the second part in lexical order. In the first step, to give extended interpretation of the limits of the personal representation, put by Bulgarian law, and, in the next step, of the further reaching respect of a former will. At the end I make common conclusions about a central and deeper hindrance for such reform in the Bulgarian law system, expressed with the institute of the „incapacitation“ (juridical depriving of capacity).

  • Issue Year: 44/2012
  • Issue No: Special
  • Page Range: 123-143
  • Page Count: 21
  • Language: Bulgarian