New Perspectives on Paternalism and Health Care (Library of Ethics and Applied Philosophy Book 35)

This work sets the stage regarding debates about paternalism and health care for years to come. The anthology is organized around four parts: i) The concept of paternalism and theoretical issues regarding the idea of anti-paternalism, ii) strategies for justifying different forms of paternalism, iii) paternalism in psychiatry and psychotherapy, iv) paternalism and public health, and v) paternalism and reproductive medicine. Medical paternalism was arguably one of the main drivers of debates in medical ethics and has led to a wide acknowledgement of the value of patient autonomy. However, more recent developments in health care, such as the increasing significance of public health measures and the commercialization of medical services, have led to new social circumstances and hence to the need to rethink issues regarding paternalism. This work provides an invaluable source for many scholars and practitioners, since it deals in new and original ways with one of the main and oldest issue in health care ethics.​ Front Matter....Pages i-xii Introduction....Pages 1-14 Front Matter....Pages 15-15 Defining Paternalism....Pages 17-29 The Concept of Paternalism....Pages 31-45 Antipaternalism as a Filter on Reasons....Pages 47-63 Front Matter....Pages 65-65 Paternalism and Consent....Pages 67-86 Paternalism and Equality....Pages 87-100 Contested Services, Indirect Paternalism and Autonomy as Real Liberty....Pages 101-114 Paternalistic Care?....Pages 115-125 The Bite of Rights in Paternalism....Pages 127-141 Front Matter....Pages 143-143 Paternalism: Its Ethical Justification in Medicine and Psychiatry....Pages 145-162 Informed Consent, the Placebo Effect and Psychodynamic Psychotherapy....Pages 163-181 Paternalism in Psychiatry: Anorexia Nervosa, Decision-Making Capacity, and Compulsory Treatment....Pages 183-199 Front Matter....Pages 201-201 Why It’s Time to Stop Worrying About Paternalism in Health Policy....Pages 203-219 Individual Responsibility and Paternalism in Health Law....Pages 221-232 Can Social Costs Justify Public Health Paternalism?....Pages 233-245 Determinants of Food Choices as Justifications for Public Health Interventions....Pages 247-262 Front Matter....Pages 263-263 Selecting Embryos with Disabilities? A Different Approach to Defend a “Soft” Paternalism in Reproductive Medicine....Pages 265-276 The Limitation of a Mother’s Autonomy in Reproduction: Is the Ban on Egg Donation a Case of Indirect Paternalism?....Pages 277-294 Back Matter....Pages 295-299 3.2.1 Identifying the Features3.2.2 Objections; 3.3 The Notion of 'Coercion' in Contexts of Paternalism; 3.3.1 Vis Absoluta (Coercion Not Mediated by the Will); 3.3.2 Vis Compulsiva (Coercion as Mediated by the Will); 3.3.3 Threats and Offers; 3.4 Conclusion; References; Chapter 4: Antipaternalism as a Filter on Reasons; 4.1 Introduction; 4.2 Antipaternalisms; 4.3 Filtering Reasons; 4.4 Filter vs. Action-Focus; 4.5 Conclusion; References; Part II: Justifying and Rejecting Paternalism; Chapter 5: Paternalism and Consent; 5.1 A Relatively Clear Case; 5.2 Prior Consent: Self-Exclusion Programs 2.2.1 A's Act Must Violate B's Autonomy vs. A's Act Need Not Be a Violation of B's Autonomy2.2.2 Acts vs. Omissions; 2.2.3 Against Your Consent vs. Failing to Consider Whether You Consent or Not; 2.2.4 Interests at Stake; 2.2.5 Physical Welfare vs. Moral; 2.3 Definitions; 2.3.1 Definition A; 2.3.2 Definition B; 2.3.3 Definition C; 2.3.4 Definition D; 2.3.5 Definition E; 2.3.6 Definition F; 2.3.7 Definition G; 2.3.8 Definition H; 2.4 An Examination in Detail of One Case; References; Chapter 3: The Concept of Paternalism; 3.1 Introduction; 3.2 The Features of Paternalism Acknowledgements; Contents; Contributors; Chapter 1: Introduction; 1.1 Paternalism and Anti-paternalism: Conceptual and Theoretical Issues; 1.2 Justifying and Rejecting Paternalism; 1.3 Paternalism in Psychiatry and Psychotherapy; 1.4 Paternalism and Public Health; 1.5 Paternalism and Reproductive Medicine; References; Part I: Paternalism and Anti-paternalism: Conceptual and Theoretical Issues; Chapter 2: Defining Paternalism; 2.1 Dimensions; 2.1.1 Outcomes vs. Motives; 2.1.2 Actual vs. Hypothetical Motives; 2.1.3 Motives vs. Reasons; 2.2 Normative Constraints Chapter 8: Paternalistic Care?8.1 Introduction; 8.2 Paternalism and Care Defined; 8.3 Can 'Care' Be Paternalistic?; 8.4 The Caring Relationship; 8.5 Paternalism's Threat to Care; 8.6 Conclusion; Bibliography; Chapter 9: The Bite of Rights in Paternalism; 9.1 Paternalism and Prima Facie Norms; 9.2 Constraining Conditions; 9.3 Principlism as a Convergence Theory; 9.4 The Puzzle with Rights; 9.5 The Bite of Rights; 9.6 The Limitation of Rights; 9.7 Some Implications; References; Part III: Paternalism in Psychiatry and Psychotherapy