David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Health Care Analysis 8 (3):309-319 (2000)
This paper investigates legal and moral justificationsof coerced treatment for psychiatric patients who aredetained on the grounds that they may harm others.While the general issues concerning compulsorytreatment and detention have been widely canvassed, ithas seldom, if ever, been noticed that the moralreasons that we may have to detain a person whoappears to be dangerous to others are different fromthe moral reasons we may have to treat him or her. For example, it has not been noticed that compulsorydetention and compulsory treatment are supported bytwo different moral principles, namely the Principleof Harm and the Principle of Beneficence, and,therefore, that the arguments which support compulsorydetention do not also support compulsorytreatment. The conceptual confusion between legitimacyof compulsory detention and legitimacy of compulsorytreatment is exacerbated by the ambiguous wordingutilised in S 3 of the UK Mental Health Act, whichimplies that treatment may be necessary for theprotection of others. Failure to pay attention to these distinctions has led to tragic consequences, in terms of violations of individual autonomy and in terms of public safety
|Keywords||protection of others compulsory hospitalisation compulsory treatment psychopathic disorder the value of autonomy|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Christopher Ryan (2011). One Flu Over The Cuckoo's Nest: Comparing Legislated Coercive Treatment for Mental Illness with That for Other Illness. [REVIEW] Journal of Bioethical Inquiry 8 (1):87-93.
Mark J. Cherry (2010). Non-Consensual Treatment Is (Nearly Always) Morally Impermissible. Journal of Law, Medicine & Ethics 38 (4):789-798.
David Rhys Birks (2013). Wellbeing, Schizophrenia and Experience Machines. Bioethics 27 (2):81-88.
Simona Giordano (2005). Understanding Eating Disorders: Conceptual and Ethical Issues in the Treatment of Anorexia and Bulimia Nervosa. OUP Oxford.
Dennis J. Baker (2008). Constitutionalizing the Harm Principle. Criminal Justice Ethics 27 (2):3-28.
Patrick S. Shin (2009). The Substantive Principle of Equal Treatment. Legal Theory 15 (2):149.
C. R. McGowan & A. M. Viens (2011). Coroners and the Obligation to Protect Public Health: The Case of the Failed UK vCJD Study. Public Health 125 (4):234-7.
Ruth Macklin (1991). HIV-Infected Psychiatric Patients: Beyond Confidentiality. Ethics and Behavior 1 (1):3 – 20.
Peter West-Oram (2013). Freedom of Conscience and Health Care in the United States of America: The Conflict Between Public Health and Religious Liberty in the Patient Protection and Affordable Care Act. [REVIEW] Health Care Analysis 21 (3):237-247.
Jillian Craigie (2011). Competence, Practical Rationality and What a Patient Values. Bioethics 25 (6):326-333.
Richard Arneson (2005). Joel Feinberg and the Justification of Hard Paternalism. Legal Theory 11 (3):259-284.
Anne T. Gallagher & Elaine Pearson, Detention of Trafficked Persons in Shelters: A Legal and Policy Analysis.
David Shaw (2010). An Extra Reason to Roll the Dice: Balancing Harm, Benefit and Autonomy in 'Futile' Cases. Clinical Ethics 5 (217):219.
William H. Bruening (1992). Autonomy and Futility. HEC Forum 4 (5):305-313.
Added to index2010-09-02
Total downloads7 ( #291,760 of 1,725,176 )
Recent downloads (6 months)1 ( #349,103 of 1,725,176 )
How can I increase my downloads?