Non-Consensual Treatment Is (Nearly Always) Morally Impermissible

Journal of Law, Medicine and Ethics 38 (4):789-798 (2010)
  Copy   BIBTEX

Abstract

Commentators routinely urge that it is morally permissible forcibly to treat psychiatric patients (1) to preserve the patient's best interests and (2) to restore the patient's autonomy. Such arguments specify duties of beneficence toward others, while appreciating personal autonomy as a positive value to be weighted against other factors. Varying by jurisdiction, legal statutes usually require, in addition, at least (3) that there exists the threat of harm to self or others. In this paper, I argue against embracing the first two elements of this prevailing view. I also argue for a very restricted reading of the third element, based on the moral limits of permissible state action

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,672

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Analytics

Added to PP
2010-11-25

Downloads
107 (#163,755)

6 months
6 (#509,130)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

Psychopathy: Morally Incapacitated Persons.Heidi Maibom - 2017 - In Thomas Schramme & Steven Edwards (eds.), Handbook of the Philosophy of Medicine. Springer. pp. 1109-1129.
Subsequent Consent and Blameworthiness.Jason Chen - 2020 - HEC Forum 32 (3):239-251.

Add more citations

References found in this work

Informed consent in texas: Theory and practice.Mark J. Cherry & H. Tristram Engelhardt - 2004 - Journal of Medicine and Philosophy 29 (2):237 – 252.

Add more references