Journal article 1426 views
Beyond Consent? Paternalism and Pediatric Doping
Journal of the Philosphy of Sport, Volume: 36, Issue: 2, Pages: 111 - 126
Swansea University Author: Michael McNamee
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DOI (Published version): 10.1080/00948705.2009.9714751
Abstract
In this essay, I argue that the issue of pediatric/adolescent doping is one that merits serious philosophical attention. I consider whether an adolescent who is legally competent to consent to medical pharmacologies such as contraceptive pills ought to be allowed to consent to doping products. I fir...
Published in: | Journal of the Philosphy of Sport |
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ISSN: | 0094-8705 1543-2939 |
Published: |
Champaign: IL
Human Kinetics
2009
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Online Access: |
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URI: | https://cronfa.swan.ac.uk/Record/cronfa8983 |
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<?xml version="1.0"?><rfc1807><datestamp>2016-08-15T09:05:06.5373987</datestamp><bib-version>v2</bib-version><id>8983</id><entry>2013-09-03</entry><title>Beyond Consent? Paternalism and Pediatric Doping</title><swanseaauthors><author><sid>85b0b1623e55d977378622a6aab7ee6e</sid><ORCID>0000-0002-5857-909X</ORCID><firstname>Michael</firstname><surname>McNamee</surname><name>Michael McNamee</name><active>true</active><ethesisStudent>false</ethesisStudent></author></swanseaauthors><date>2013-09-03</date><deptcode>EAAS</deptcode><abstract>In this essay, I argue that the issue of pediatric/adolescent doping is one that merits serious philosophical attention. I consider whether an adolescent who is legally competent to consent to medical pharmacologies such as contraceptive pills ought to be allowed to consent to doping products. I first discuss issues of vulnerability and exploitation of adolescent athletes that might underwrite a soft paternalistic response. I go on to argue that the harms attendant to doping, as opposed to the regulated use of the medical profession to prescribe oral contraceptives, are of a potentially greater magnitude to the successful adolescent patient/sportsperson themselves in contrast to therelatively well known risks of contraception. I also argue that the complexity of the weighing of potential harms and benefits are such that informed consent cannot be reached by adolescents. Moreover, given the public prominence of the WADA antidoping legislation, and the general public support for them, there will necessarily be a lack of transparency in the potential consent process, which undermines any audit for the accountability of the consent process. I conclude that Gillick competence ought not, therefore, to be viewed as a precedent for pediatric or adolescent consent to doping and that the “weak” or “soft” paternalistic prevention of doping is justified.</abstract><type>Journal Article</type><journal>Journal of the Philosphy of Sport</journal><volume>36</volume><journalNumber>2</journalNumber><paginationStart>111</paginationStart><paginationEnd>126</paginationEnd><publisher>Human Kinetics</publisher><placeOfPublication>Champaign: IL</placeOfPublication><issnPrint>0094-8705</issnPrint><issnElectronic>1543-2939</issnElectronic><keywords>consent, pediatric doping, sport</keywords><publishedDay>31</publishedDay><publishedMonth>12</publishedMonth><publishedYear>2009</publishedYear><publishedDate>2009-12-31</publishedDate><doi>10.1080/00948705.2009.9714751</doi><url/><notes>This essay was first presented as the Distinguished Scholar award of the International Association for the Philosophy of Sport. It argues against liberalising anti doping policy and is novel in that it focuses on pedatric populations. The essay combines empirical data with ethical reflections to justify a paternalistic policy.</notes><college>COLLEGE NANME</college><department>Engineering and Applied Sciences School</department><CollegeCode>COLLEGE CODE</CollegeCode><DepartmentCode>EAAS</DepartmentCode><institution>Swansea University</institution><apcterm/><lastEdited>2016-08-15T09:05:06.5373987</lastEdited><Created>2013-09-03T06:22:03.0000000</Created><path><level id="1">Faculty of Science and Engineering</level><level id="2">School of Aerospace, Civil, Electrical, General and Mechanical Engineering - Sport and Exercise Sciences</level></path><authors><author><firstname>Michael</firstname><surname>McNamee</surname><orcid>0000-0002-5857-909X</orcid><order>1</order></author></authors><documents/><OutputDurs/></rfc1807> |
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2016-08-15T09:05:06.5373987 v2 8983 2013-09-03 Beyond Consent? Paternalism and Pediatric Doping 85b0b1623e55d977378622a6aab7ee6e 0000-0002-5857-909X Michael McNamee Michael McNamee true false 2013-09-03 EAAS In this essay, I argue that the issue of pediatric/adolescent doping is one that merits serious philosophical attention. I consider whether an adolescent who is legally competent to consent to medical pharmacologies such as contraceptive pills ought to be allowed to consent to doping products. I first discuss issues of vulnerability and exploitation of adolescent athletes that might underwrite a soft paternalistic response. I go on to argue that the harms attendant to doping, as opposed to the regulated use of the medical profession to prescribe oral contraceptives, are of a potentially greater magnitude to the successful adolescent patient/sportsperson themselves in contrast to therelatively well known risks of contraception. I also argue that the complexity of the weighing of potential harms and benefits are such that informed consent cannot be reached by adolescents. Moreover, given the public prominence of the WADA antidoping legislation, and the general public support for them, there will necessarily be a lack of transparency in the potential consent process, which undermines any audit for the accountability of the consent process. I conclude that Gillick competence ought not, therefore, to be viewed as a precedent for pediatric or adolescent consent to doping and that the “weak” or “soft” paternalistic prevention of doping is justified. Journal Article Journal of the Philosphy of Sport 36 2 111 126 Human Kinetics Champaign: IL 0094-8705 1543-2939 consent, pediatric doping, sport 31 12 2009 2009-12-31 10.1080/00948705.2009.9714751 This essay was first presented as the Distinguished Scholar award of the International Association for the Philosophy of Sport. It argues against liberalising anti doping policy and is novel in that it focuses on pedatric populations. The essay combines empirical data with ethical reflections to justify a paternalistic policy. COLLEGE NANME Engineering and Applied Sciences School COLLEGE CODE EAAS Swansea University 2016-08-15T09:05:06.5373987 2013-09-03T06:22:03.0000000 Faculty of Science and Engineering School of Aerospace, Civil, Electrical, General and Mechanical Engineering - Sport and Exercise Sciences Michael McNamee 0000-0002-5857-909X 1 |
title |
Beyond Consent? Paternalism and Pediatric Doping |
spellingShingle |
Beyond Consent? Paternalism and Pediatric Doping Michael McNamee |
title_short |
Beyond Consent? Paternalism and Pediatric Doping |
title_full |
Beyond Consent? Paternalism and Pediatric Doping |
title_fullStr |
Beyond Consent? Paternalism and Pediatric Doping |
title_full_unstemmed |
Beyond Consent? Paternalism and Pediatric Doping |
title_sort |
Beyond Consent? Paternalism and Pediatric Doping |
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85b0b1623e55d977378622a6aab7ee6e |
author_id_fullname_str_mv |
85b0b1623e55d977378622a6aab7ee6e_***_Michael McNamee |
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Michael McNamee |
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Michael McNamee |
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Journal article |
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Journal of the Philosphy of Sport |
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36 |
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2 |
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111 |
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2009 |
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Swansea University |
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0094-8705 1543-2939 |
doi_str_mv |
10.1080/00948705.2009.9714751 |
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Human Kinetics |
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Faculty of Science and Engineering |
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Faculty of Science and Engineering |
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Faculty of Science and Engineering |
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School of Aerospace, Civil, Electrical, General and Mechanical Engineering - Sport and Exercise Sciences{{{_:::_}}}Faculty of Science and Engineering{{{_:::_}}}School of Aerospace, Civil, Electrical, General and Mechanical Engineering - Sport and Exercise Sciences |
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In this essay, I argue that the issue of pediatric/adolescent doping is one that merits serious philosophical attention. I consider whether an adolescent who is legally competent to consent to medical pharmacologies such as contraceptive pills ought to be allowed to consent to doping products. I first discuss issues of vulnerability and exploitation of adolescent athletes that might underwrite a soft paternalistic response. I go on to argue that the harms attendant to doping, as opposed to the regulated use of the medical profession to prescribe oral contraceptives, are of a potentially greater magnitude to the successful adolescent patient/sportsperson themselves in contrast to therelatively well known risks of contraception. I also argue that the complexity of the weighing of potential harms and benefits are such that informed consent cannot be reached by adolescents. Moreover, given the public prominence of the WADA antidoping legislation, and the general public support for them, there will necessarily be a lack of transparency in the potential consent process, which undermines any audit for the accountability of the consent process. I conclude that Gillick competence ought not, therefore, to be viewed as a precedent for pediatric or adolescent consent to doping and that the “weak” or “soft” paternalistic prevention of doping is justified. |
published_date |
2009-12-31T18:17:22Z |
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1822336423076823040 |
score |
11.048475 |