Rawls and Religious Paternalism

Journal of Medicine and Philosophy 37 (4):373-386 (2012)
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Abstract

MacDougall has argued that Rawls’s liberal social theory suggests that parents who hold certain religious convictions can legitimately refuse blood transfusion on their children’s behalf. This paper argues that this is wrong for at least five reasons. First, MacDougall neglects the possibility that true freedom of conscience entails the right to choose one’s own religion rather than have it dictated by one’s parents. Second, he conveniently ignores the fact that children in such situations are much more likely to die than to survive without blood. Third, he relies on an ambiguous understanding of what is "rational" and treats children as mere extensions of their parents. Fourth, he neglects the fact that those in the original position would seek to protect themselves from persecution and enslavement and thus would not allow groups of children to be killed because of their parents’ beliefs. Finally, Rawls makes it clear that we should choose for children as we would choose for ourselves in the original position, with no particular conception of the good (such as that held by Jehovah’s Witnesses)

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David M. Shaw
University of Basel

Citations of this work

Human: Substance, Relationship, Choice, Value and Nature.H. A. Phillips - 2012 - Journal of Medicine and Philosophy 37 (4):325-330.

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References found in this work

Rawls, Brandt, and the Definition of Rational Desires.Robert K. Shope - 1978 - Canadian Journal of Philosophy 8 (2):329 - 340.
Rawls and the Refusal of Medical Treatment to Children.D. Robert MacDougall - 2010 - Journal of Medicine and Philosophy 35 (2):130-153.

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