Welie, Jos V.M.: In the Face of Suffering. The Philosophical-Anthropological Foundations of Clinical Ethics. Omaha: Creighton University Press, 1998

ISBN (Cloth) 1-881871-26-6
ISBN (Paper) 1-881871-27-4

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In contemporary health care ethics, respect for patient autonomy is often considered the primary ethical principle, trumping all others. Many health care ethicists and clinicians alike presume that it is impossible to make judgments about patients' best interests. Patients and their health care providers meet as moral strangers. Hence, the conventional wisdom is that clinical interactions should be based on a contractual relationship between two respectful but estranged people.

Dr Jos Welie challenges this moral stranger metaphor and attempts to restore the phenomenon of intersubjective, benevolent care. He presents a philosophical-anthropological foundation for clinical ethics in which such notions as suffering, sympathy and solidarity are central.

The author's multidisciplinary background in medicine, philosophy and law, and his experience as a clinical ethicist, merge in this powerful argument for a personalist ethics in health care. His extensive discourse with so many established names in both European and American philosophy and bioethics will make this book a valuable resource to many professionals.

"One of the best books recently published in medical ethics. The caring physician will be delighted at this passionate, yet well argued non-utilitarian essay. This is a unique opportunity for bioethicists, patients and healthcare providers to get acquainted with continental thinkers, rarely sited in the other side of the Atlantic. Prof. Welie outreaches well beyond the scope of bioethics jargon and literature. He draws insights from recent masters such as Camus and Levinas. Every physician who ever felt committed to the well being of his or her patients, and every person who sought such a physician for himself or his kin are likely to respond to this book as it reinfuses the spirit of passionate humanism back into the medical arena." On amazon.com

"This book is for those searching for an ethics engine with enough philosophical power to drive healthcare reform toward a balance between medical technology and human compassion. Jos Welie's project is to “develop a foundation for a patient-centered, non-procedural, clinically grounded but methodologically sound ethics.” This is an important goal that has eluded others. Jos Welie has more nearly succeeded in this book than any other author who has come to my attention." Potter RL. In: Cambridge Quarterly 2001 (10,1) 115-6
 

Have, Henk AMJ ten & Welie, Jos V.M. (Eds.): Ownership of the Body. Philosophical Considerations on the Use of the Human Body and its Parts in Healthcare. (Philosophy and Medicine Series, Vol 59) Dordrecht: Springer / Kluwer Academic Publishers, 1998

ISBN (Cloth) 0792351509

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This is the first book in healthcare ethics addressing the moral issues regarding ownership of the human body. Modern medicine increasingly transforms the body and makes use of body parts for diagnostic, therapeutic and preventive purposes. The book analyzes the concept of body ownership. It also reviews the ownership issues arising in clinical care (for example, donation policies, autopsy) and biomedical research. Societies and legal systems also have to deal with issues of body ownership. A comparison is made between specific legal arrangements in The Netherlands and France, as examples of legal approaches. In the final section of the book, different theoretical perspectives on the human body are analyzed: libertarian, personalist, deontological and utilitarian theories of body ownership.

"Henk ten Have and Jos Welie have brought together an admirable collection of essays about the ways in which people have ownership rights to their bodies....Ownership of the Human Body is an important addition to bioethical scholarship. It addresses a void in the literature and is strongly recommended for physicians, philosophers, bioethicists, and others engaged in the public policy debates concerning the use of the human body for health, research, and commerce. Cherry MJ. NEJM July 8 1999. For full review, click here.

Welie, Jos V.M.: An Educational Guide on End-of-Life Care Law and Public Policy in Nebraska. Lincoln: Nebraska Coalition for Compassionate Care, 2002

ISBN (Paper) : 0-9717517-0-6

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2nd edition (2005) is available on-line in PDF format, free of charge

The provision of competent and compassionate end-of-life care requires input from many different sources, ranging from medicine to ministry and from economics to law. One of the major objectives of end-of-life care law and public policy is to safeguard the rights and interests of individual patients. Unfortunately, these laws and policies are often misunderstood by health care providers and family members. Instead of advancing compassionate end-of-life care, laws and policies become barriers to compassionate end-of-life care. The Guide is written first and foremost for clinical care providers, but should also be of use to patients and family members, as well as to policy makers, attorneys and educators. Following an introductory chapter and one on legal definitions, there are three chapters that cover decision making, providing end-of-life care, and forgoing life-sustaining treatment. The sixth chapter is devoted to care following the patient’s death. The Guide is designed to be user-friendly. It has been written in a question-and-answer format. A detailed locator is included that facilitates the search for relevant information, as well as a glossary of key terms and a sampling of important legal cases. The Guide shows that Nebraska’s laws and public policies, if properly understood and applied, foster effective yet compassionate and respectful health care.

“The publication is a helpful resource for myself as a registered nurse caring for persons in Nebraska who are in the last days and months of their lives. The question and answer format provides easy access to legal information regarding health care issues/questions that may arise. I’m convinced that healthcare professionals and those dealing with end of life issues will find it very valuable.” L VanEngen, Hospice Program Coordinator, St. Elizabeth Hospice
     “Finally, an educational guide for Nebraska health care providers, written by Nebraskans, and using Nebraska law to promote quality end of life care as directed by patients or their surrogates.” R Raymond, MD, Chief Medical Office, Nebraska Health & Human Services System. Presently Under Secretary, Office of Food Safety, US Department of Agriculture.
    “A helpful guide for Nebraska hospices. As a hospice social worker, I found it most helpful in the review of laws governing Nebraska’s statutory right to pain relief at the end of life. This guide will assist providers who may not be aware of their responsibilities and protections in providing quality end of life care.” S Rippe, AseraCare Hospice
     

Welie. Jos VM & Kissell, Judith L. (Eds.): Jesuit Health Sciences and the Promotion of Justice. An Invitation to a Discussion. Milwaukee: Marquette University Press, 2004

ISBN (Paper): 0335217559

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Have, Henk AMJ & Welie, Jos V.M.: Death and Medical Power. An Ethical Analysis of the Dutch Euthanasia Practice. London: McGrawHill / Open University Press, 2005

ISBN (Cloth): 0335217567
ISBN (Paper): 0335217559

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In all modern countries a good death and relief of suffering are important issues of public debate. The bioethical debate in the Netherlands is unique since it has been focusing on the issue of euthanasia for more than thirty years. This book describes the debate, explains its origins, and analyses its development, resulting in the legislation of euthanasia. It also presents data on the medical practice of euthanasia with examples of cases.

Death and Medical Power details the evolution as well as the complexities of the legal responses to physician involvement in euthanasia. The authors analyze the ethical debate concerning euthanasia, discussing the pros and cons of medical termination of human life. The book concludes with a section on the lessons to be learned from the Dutch experience.

This unique study will be of relevance to all clinicians and other professionals involved in end-of-life care, to health policy makers and educators, as well as anybody else interested in the ethics of euthanasia.

Weller, Penny. 2005. Review of: ten Have, H. & Welie, J. (2005). Death and medical power. Australia and New Zealand Journal of Public Health Policy 29 (5): 494

Welie, Jos V.M. (Ed.): Justice in Oral Health Care. Ethical and Educational Perspectives. Milwaukee: Marquette University Press, 2006

ISBN (Paper): 0874626706

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Oral health is an intrinsic part of overall health. The mouth is part of the digestive and respiratory systems; it is essential to spoken communication and facial expression; in fact, toothaches are among the most severe and hence debilitating kinds of pain that a person can suffer. The economic cost of dental disease is staggering, equaling an annual loss of some 20 million days of work in the US alone. But far more disastrous is the personal cost for those suffering from these conditions. More than 100 million US citizens lack dental insurance. There is widespread consensus that the resulting disparities are most unfortunate. But are they also unfair? The dental profession and society at large appear much less eager to confirm the unfairness of this situation. After all, with unfairness comes the ethical obligation to attempt rectification of the situation. It is one thing to praise charitable voluntarism; it is quite another to insist on distributive justice. This book makes the case for justice in oral health. Renowned dental ethicists discuss various theoretical perspectives; national and international policy experts propose practical changes; and experienced dental educators outline innovative teaching modes. This book is not just food for thought; it is an invitation to critical discussion and creative planning.
 

THEMATIC JOURNAL ISSUES

Welie, Jos V.M. & Welie, Sander P.K. (Eds.): Decision-Making Incompetence. Medicine, Health Care and Philosophy 4/2, 2001

• Jos V.M. Welie, Sander P.K. Welie, Is incompetence the exception or the rule? (125-126)
• Jos V.M. Welie, Sander P.K. Welie, Patient decision making competence: Outlines of a conceptual analysis (127-138) [Abstract]
• Sander P.K. Welie, Criteria for patient decision making (in)competence: A review of and commentary on some empirical approaches (139 - 151)
• Søren Holm, Autonomy, authenticity, or best interest: Everyday decision-making and persons with dementia (153-159)
• J. Vollmann, Advance directives in patients with Alzheimer's disease; <i>Ethical and clinical considerations (161-167)
• Jos V.M. Welie, Living wills and substituted judgments: A critical analysis, Medicine, Health Care and Philosophy (169-183) [Abstract]
• Wim J.M. Dekkers, Autonomy and dependence: Chronic physical illness and decision-making capacity (185-192)
• Berit Støre Brinchmann, Per Nortvedt, Ethical decision making in neonatal units – The normative significance of vitality (193 - 200)

Welie, Jos V.M. and Wiesing, Urban (Eds.): Medicine and Esthetics. Medicine, Health Care and Philosophy 2/2, 1999

• Jos VM Welie, Urban Wiesing, Medicine and Aesthetics (115-116)
• Wim Dekkers, The Lived Body as Aesthetic Object in Anthropological Medicine (117-128)
• Christian Hick, The Art of Perception: From the Life World to the Medical Gaze and Back Again (129-140)
• George Khushf, The Aesthetics of Clinical Judgment: Exploring the Link between Diagnostic Elegance and Effective Resource Utilization (141-159)
• Marcus Düwell, Aesthetic Experience, Medical Practice, and Moral Judgement (161-168)
• Jos V.M. Welie, “Do You Have a Healthy Smile?” Ugliness as a medical indication for dental and surgical treatment. (169-180) [Abstract]
• Giovanni Maio, Is Etiquette Relevant to Medical Ethics? Ethics and Aesthetics in the Works of John Gregory (1724-1773) (181 - 187)
• Jos V.M. Welie, “Doctor, I Really Need Whiter Teeth!” A Report on the Use of Deconstructed Cases in Dental Ethics Education. (195-203)

Wiesing, Urban & Welie, Jos V.M. (Eds.): Theory and Practice. Theoretical Medicine and Bioethics 19/3, 1998

• Urban Wiesing, Jos V.M. Welie, Why should medicine consider a theory of practice? (199-202) [Abstract]
• Volker Hess, Medical semiotics in the 18th century: A theory of practice? (203-213)
• Peter Hucklenbroich, Steps towards a theory of medical practice (215-228)
• Norbert Paul, Incurable suffering from the “hiatus theoreticus”? Some epistemological problems in modern medicine and the clinical relevance of philosophy of medicine (229-251)
• Claudia Wiesemann, The significance of prognosis for a theory of medical practice (253-261)
• Henk A. M. J. Ten Have, Annique Lelie, Medical Ethics Research Between Theory and Practice (263-276)
• Wim Dekkers, Hermeneutics and Experiences of the Body. The Case of Low Back Pain (277-293)
• Jos V. M. Welie, Clinical Ethics: Theory Or Practice? (295 - 312) [Abstract]

Welie, Jos V.M. & Wiesing, Urban (Eds.): Medicine Between Existentialism and Post-Modern Philosophy. Theoretical Medicine 15/3, 1994

• Jos V. M. Welie, Urban Wiesing, Editorial (209)
• Jos V. M. Welie, Authenticity as a foundational principle of medical ethics (211 - 225) [Abstract]
• Vilhjálmur Árnason, Towards authentic conversations. Authenticity in the patient-professional relationship (227 - 242)
• Frank P. Lengers, The idea of the absurd and the moral decision. Possibilities and limits of a physician's actions in the view of the absurd (243-251)
• Dirk Richter, Existentialism and postmodernism. Continuities, breaks, and some consequences for medical theory (253-265)
• Nelly Tsouyopoulos, Postmodernist theory and the physician-patient relationship (267-275)
• Urban Wiesing, Style and responsibility: Medicine in postmodernity (277-290)

REPORTS

1. Witte, J. de, Have, H. ten, Bayertz, K., Evans, M., Fagot-Largeault, A., Raptis, G. & Schotsmans P.: Welie, Jos V.M.: Human Genome, Body, Identity and Property: Philosophical Issues. Report for the European Community. Catholic University of Nijmegen, 1992
    
2. Welie, Jos V.M.: Ethische Aspecten van CARA [Ethical Aspects of COPD and Asthma]. Maastricht, Institute for Health Care Ethics, 1990

THESES

1. Law (JD)
   • Civil Law - Welie - Jos VM: Legal Aspects of the Doctor-Patient Relation. Maastricht: University of Maastricht, 1989
   • Criminal Law - Welie, Jos VM: Euthanasia: The Physician and the Criminal Law. Maastricht: University of Maastricht, 1990
   • Health Law - Welie, Jos VM: Normative Quality Assessment in Health Care: A study on hospital ethics committees in American health care institutions. Maastricht: University of Maastricht, 1990
2. Philosophy (MA)
   • Philosophical Anthropology - Welie, Jos VM: Viktor von Gebsattel. Nijmegen: Radboud University Nijmegen, 1987
3. Medicine (PhD):
   • Medical Ethics - Welie, Jos V.M.: In the Face of Suffering. Prolegomena to a Philosophical Foundation of Clinical Ethics. (Doctoral dissertation) Nijmegen: Radboud University Nijmegen, 1994. ISBN: 9090078746

BOOK CHAPTERS

1. Welie, Jos V.M. & Have, Henk AMJ ten: Bioethics in a Supranational European Context. In: B. Lustig (ed.): Bioethics Yearbooks II: Regional Developments in Bioethics 1989-1991. Dordrecht, Kluwer Academic Publishers, 1992, 97-126
2. Welie, Jos V.M.: Tragiek tussen mogelijkheden en verantwoordelijkheden: Het voorbeeld van de sterilisatie en refertilisatie techniek [Tragedy in between Possibilities and Responsibilities: The Example of Sterilization and Refertilization Techniques]. In: Essed, G (Ed.): Ethische en Maatschappelijke Aspecten van de Gynaecologie. Bussum: Medicom Europe, 1993, 35-43
3. Christiaens, G & Welie, Jos V.M.: Anencefale Orgaandonatie [Anencephalic Organ Donation]. In: Essed, G (Ed.): Ethische en Maatschappelijke Aspecten van de Gynaecologie. Bussum: Medicom Europe, 1993, 20-34
4. Welie, Jos V.M.: Euthanasie in den Niederlanden [Euthanasia in The Netherlands]. In: Schmidt, J & May, H (Eds.): Anders Sterben: Medizin und Pflege am Lebensende zwischen Phantasie und Konkretion. Rehburg-Loccum: Evangelische Academie Loccum, 1993, 80-97
5. Have, Henk AMJ ten & Welie, Jos V.M.: Euthanasia: Normal medical practice? [Reprint of article in Hastings Center Report, 22,2 (1992) 34-38]. In: May, L & Collins Sharatt, S (Eds.) Applied Ethics. A Multicultural Approach. Englewood Cliffs: Prentice Hall, 1994, 508-516
6. Welie, Jos V.M.: La centralitá della funzione formativa nell'esperienza dei comitati ethici [The Importance of the Formative Function of Ethics Committees]. In: Viafora, C (Ed.): Comitati Etici. Una Proposta Bioetica per il Mondo Sanitario. Padova (Italy): Fondazione Lanza/Gregoriana Libreria Editrice, 1995, 73-90
7. Welie, Jos V.M.: Ethische Aspecten van de Interne Geneeskunde [Ethical Aspects of Internal Medicine]. In: Have, HAMJ ten, Kimsma, G, e.a. (Eds.). Ethiek en Recht in de Gezondheidszorg. Dordrecht, Kluwer 1997, XIV: 101-134, 199-200
8. Welie, Jos V.M.: Placebo Treatment. In: Chadwick, R, e.a. (Eds.): Encyclopedia of Applied Ethics. San Diego: Academic Press, 1998 Vol. 3, 493-502
9. Have, Henk AMJ & Welie, Jos V.M.: Medicine, Ownership, and the Human Body. In: Have, Henk AMJ and Welie, Jos V.M. (Eds.): Ownership of the Body. Dordrecht: Kluwer Academic Publishers 1998, 1-15
10. Welie, Jos V.M. & Have, Henk AMJ ten: Ownership of the Body: The Dutch Context. In: Have, Henk AMJ and Welie, Jos V.M. (Eds.): Ownership of the Body. Dordrecht, Kluwer Academic Publishers 1998, 99-114
11. Scheirton, L.S., Welie, J.V.M. & Harris, N.O. Ethics and Preventive Dentistry. In: N.O.Harris & F. Garcia-Godoy (Eds.): Primary Preventive Dentistry (5th edition). Stanford, CT: Appleton & Lang, 1999; Chapter 24, pp. 633-638
12. Welie, Jos V.M.: The Dentist as Healer and Friend. In: Thomasma, D.C. & Kissell, J.L.: The Health Care Professional as Friend and Healer. Georgetown, Georgetown University Press 2000, 35-48
13. Welie, Jos V.M.: The Tendency of Contemporary Decision-Making Strategies to Deny the Condition of Alzheimer’s Disease. In: Purtilo, RB & Have, HAMJ ten (Eds.): Ethical Foundations of Palliative Care for Alzheimer’s Disease. Johns Hopkins University Press 2004, 163-180.
14. Welie, Jos V.M. & Gordijn, Bert: The Declaration of Berg en Dal on the Ethical Principles Guiding Palliative Care of Persons with Alzheimer’s Disease - Commentary In: Purtilo, RB & Have, HAMJ ten (Eds.): Ethical Foundations of Palliative Care for Alzheimer’s Disease. Johns Hopkins University Press 2004, Appendix A: 343-347.
15. Welie, Jos V.M. & Kissell, Judith L.: A Matter of Identity: The Role of Jesuit Health Sciences Center towards the Promotion of Justice. In: Welie. Jos VM & Kissell, Judith L. (Eds.): Jesuit Health Sciences and the Promotion of Justice. An Invitation to a Discussion. Milwaukee: Marquette University Press, 2004, pp. 9-15.
16. Welie, Jos V.M..: “For Whom and For What?” Education and Research in the Medical and Dental Sciences. In: Welie, Jos V.M. & Kissell, Judith L. (Eds.): Jesuit Health Sciences and the Promotion of Justice. An Invitation to a Discussion. Milwaukee: Marquette University Press, 2004, pp. 111-129.
17. Welie, Jos V.M.: Are Oral Health Disparities Merely Unfortunate or Also Unfair? An Introduction to the Book. In: Welie, Jos V.M. (Ed.): Justice in oral Health Care. Ethical and Educational Perspectives. Milwaukee: Marquette University Press, 2006. pp.  7-14.
18. Welie, Jos V.M. & Rule, James T.: Overcoming Isolationism. Moral Competencies, Virtues and the Importance of Connectedness. In: Welie, Jos V.M. (Ed.): Justice in oral Health Care. Ethical and Educational Perspectives. Milwaukee: Marquette University Press, 2006, pp. 97-125.
19. Welie, Jos V.M.: The Preferential Option for the Poor. A Social Justice Perspective on Oral Health Care. In: Welie, Jos V.M. (Ed.): Justice in Oral Health Care. Ethical and Educational Perspectives. Milwaukee: Marquette University Press, 2006, pp. 127-144.
20. Rule, James T & Welie, Jos V.M.: Justice, Moral Competencies, and the Role of Dental Schools. In: Welie, Jos V.M. (Ed.): Justice in Oral Health Care. Ethical and Educational Perspectives. Milwaukee: Marquette University Press, 2006, pp. 233-259.

JOURNAL ARTICLES (Peer Reviewed)

SHORT ARTICLES / BOOK REVIEWS (Not Peer Reviewed)