Abstract
The confusion over terminology to describe statutory language first occurred in the Meiji era in Japan; to be specific, the English concept of "will" or "strong intention" was translated by the Japanese word ("Kanji") , which has the same meaning as "thought" in English. This confusion still influences the interpretation of words in juridical science and ethics as they relate to the public in modern Japan. This paper describes the possible social impact that may occur by reverting to the original meaning of these words. Informed consent is a matter of ensuring that a patient becomes self-aware of his or her own "will" through a "joint decision-making process" participated in by the doctor and the patient starting with the declared "intention" of the patient who has endured various distressing situations. Mutual confidence is established by providing information (an episode) that is not known to the other through "intention" expressed by the conduct and actions of both the doctor and the patient. When a patient is incapable of self-determination, consent is established when the patient's family convinces the patient to accept a decision by considering the patient's "intention" or otherwise when the family grants consent by themselves. In this process, the central concern is whether all reasonable efforts to care for the patient have been made by the physician. A hesitant attitude by a patient incapable of making his or her own decisions shows dependence on authority, and it is the "will" of the hesitant patient that makes him- or her-self dependent on that authority. Here, the existence of paternalism that is transformed by authority can be found.
