HCE study guide 2

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Los Angeles Pierce College *

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20

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Philosophy

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Dec 6, 2023

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Module 2-Human Value Development (Morality) and the System of Public Law 1. Explain the difference between values and needs Values are principles or beliefs that guide one's preferences and choices, often influenced by culture and personal convictions. Needs are essential requirements for well-being, such as food, shelter, and safety. Values reflect what one considers important, while needs pertain to basic necessities for survival and overall quality of life. 2. Describe actions within Maslow’s Hierarchy of Needs 1. Physiological Needs : These are basic survival needs, including food, water, shelter, and sleep. Actions within this level involve securing these necessities, such as eating, drinking, and seeking a safe place to live. 2. Safety Needs : Safety needs involve seeking physical and emotional security, including employment, health, and property. Actions include finding a job, ensuring personal safety, and protecting assets. 3. Belongingness and Love : Actions within this level focus on forming social connections and relationships with family, friends, and communities. People seek love, companionship, and a sense of belonging. 4. Esteem Needs : At this level, individuals seek self-esteem and the esteem of others. Actions may involve pursuing achievement, recognition, and self-respect. 5. Self-Actualization : The highest level involves personal growth, self-fulfillment, and realizing one's full potential. Actions include pursuing creativity, personal development, and meaningful life experiences. People typically progress through these levels, starting with the most basic physiological needs and moving up toward self-actualization as lower-level needs are met. 3. Explain the difference between morally wrong, ethically wrong and legally wrong. Morally wrong is based on personal or cultural beliefs, with internal consequences. Ethically wrong is based on professional or community standards, with enforcement within those specific contexts. Legally wrong is based on established laws and regulations, with enforcement through the legal system and government authorities. 4. Explain the difference between "is" and "ought" (Hume’s Law) in decision making? Hume’s Law – Unbridgeable gap between fact and value; between “is” and “ought” • Facts of physical universe can tell us what is • Our values guide us to understanding what ought to be as it relates to our behavior 5. Compare and Contrast the five current generational value cohorts on how they shape the major public sectors (law, values, productivity, and politics). * Traditionalist (born 1929-1945)
– Great Depression and World War II – Conformity, stability, security Baby Boomers (born 1946-1960s) – Civil rights, moon landings, freedom riders, calls for change – Personal and social expression, idealism, health, and wellness * Generation X (born 1968-1989) – Programmed in an era of social change – Free agency, independence, cynicism, strive for balance in their lives • Millennials (born mid 1980s-2000) – Defined by events immediately following Cold War – Collaboration, social activism, tolerance for diversity, globally aware * Generation Z (late 1990s-2025) – Foreign wars, September 11th and other terrorist attacks, both overseas and on homeland – Unsettled time; personal and fiscal insecurity – Masters at multitasking, techno-savvy, personally tolerant regarding social and ethnic diversity, thrive on instant gratification, fiscally pragmatic 6. Describe the stages and value orientation of the Kohlberg model. Preconventional (Age 3-7) • Punishment/Obedience • Egotism (satisfy one’s desires) Conventional (Age 7-12) – Please others – Respect rules Postconventional (12 and above) – Social contract – Personal conscience 7. Compare/contrast the Kohlberg model to Gilligan’s theoretical position. Kolberg concluded that females were often found not to progress to the final autonomous stage of value development (Postconventional level) but seem arrested in the conventional level. Females seemed to reach a plateau in value orientation based on pleasing others rather than being true to their own moral compass. Gilligan argue that his research methods were flawed and gender biased. Her research described a separate value development pathway for females that results in different highest values for each sex— “personal responsibility” for females and “legalistic equality” for males. Confirmed by profile developed by Isabel Myers and Katherine Briggs
8. Discuss the difference between using the "thinking" method and the "feeling" method "Thinking" method—more comfortable following rules, laws, formulas, and the like, and subordinating relationships to principles. “Feeling” method—decisions are based on personal relationships and personal outcomes rather than on legalisms and rules. 9. Identify culture or philosophical groups that subscribe to nihilism. Moral nihilism – There are no moral truths, moral rules, moral knowledge or responsibilities 1. Friedrich Nietzsche : Nietzsche, a German philosopher, is often linked with nihilism, particularly his concept of the "will to power." While Nietzsche did critique nihilism, he is more commonly associated with addressing the consequences of nihilism in Western thought. 2. Russian Nihilists : In the 19th century, a group of Russian intellectuals and radicals known as nihilists rejected traditional values and social norms. They advocated for individual freedom and the rejection of existing structures and authority. 3. Existentialist Philosophers : Existentialist thinkers, such as Jean-Paul Sartre and Albert Camus, have explored themes related to the absurdity of existence and the absence of inherent meaning. While not pure nihilists, they engage with nihilistic ideas in their existentialist philosophies. 4. Postmodernism : Some aspects of postmodernism challenge the idea of objective truth and meaning, aligning with certain nihilistic themes. Postmodernist thinkers like Jean-François Lyotard have explored the breakdown of grand narratives and the fragmentation of meaning. 10. Explain how the standpoint theory should be taken into consideration when making a value decision in healthcare Standpoint theory – Try to adopt or listen to standpoint of most marginalized and vulnerable persons involved, “walk a mile in their shoes”. 11. Contrast public law vs. private law. • Private Law – Deals with relationships between citizen and citizen, or with definition, regulation, and enforcement of rights in cases where both parties involved are private citizens • Public Law – Deals with relationships between private parties and the government; concerned with the state in its political or sovereign capacity + Constitutional + Administrative + Criminal + International 12. Explain the four forms of public law.
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• Statutory Law : created by legislative bodies – Health care providers practice and licensure acts – Informed consent – Peer review – Good Samaritan Act – Living will statute – Competency determination – Emergency medical services • Administrative Laws : rules, regulations, orders, and decisions created by administrative agencies to implement their powers and duties – Rulemaking, adjudication, or enforcement of specific regulatory agenda • Criminal Law: prohibits conduct injurious to public order and provides for punishment of those found to have engaged in prohibited practices – Felony: serious breach of law; punishable by death or imprisonment in state or federal penitentiary – Misdemeanor: crime punishable by less than a year incarceration in jail or house of correction • International Law – Regulates relations of nations to each other – Customs and usages, treatise, and decisions of tribunals such as International Court of Justice and International Court of Human Rights 13. Explain the “supremacy clause” of governance. If any conflicts exist between federal and state laws, federal laws must govern 14. Relate American culture with other cultures American culture is a dynamic blend of various influences from around the world due to its history of immigration and diversity. It shares similarities with other cultures in areas like food, music, and fashion, while also maintaining distinct characteristics that make it unique. Cultural exchange and globalization have further interconnected American culture with diverse global influences. 15. Provide ethical rationale for the study of cultural medicine The study of cultural medicine is ethically justified because it promotes cultural competence, equitable healthcare, respect for cultural values, and better health outcomes. It ensures patients receive care that respects their cultural identity and supports their autonomy in healthcare decisions 16. Differentiate between Eastern and Western medicine Eastern medicine, such as Traditional Chinese Medicine and Ayurveda, takes a holistic and energy-based approach, using herbs and techniques like acupuncture. Western medicine is rooted in empirical science, relying on pharmaceuticals and surgery to treat specific symptoms or diseases. 17. Compare and contrast different cultures and their health beliefs. Similarities :
Many cultures value preventive health practices. Spiritual and emotional well-being are often important. Traditional remedies, herbs, and rituals are common. Differences : Some cultures emphasize balance, like the concept of Yin and Yang in Chinese culture. Views on mental health and illness differ widely. Attitudes towards Western medicine and healthcare systems vary. 18. Compare/contrast criminal law and civil law in relationship to evidence collection and punishment. Criminal law focuses on punishing individuals for violating the law, with the government collecting evidence. Civil law resolves disputes and seeks remedies or compensation between parties, who are responsible for gathering evidence. Punishments in criminal law can include fines or imprisonment, while civil law primarily results in compensation or specific performance. The important differences btw the two is the level of proof and reparations required. The level of proof in civil cases is less rigorous. 19. Compare/contrast statutory vs. administrative law Statutory law comes from legislatures and sets out general legal principles, while administrative law is made by government agencies to detail how statutes are applied in specific areas. Statutory law is interpreted by courts, while administrative law is enforced and adjudicated by the agencies that create it.