Therapy and the Problem of Autonomous Consent

International Journal of Law & Psychiatry, Vol. 2, pp. 415-430, 1979

16 Pages Posted: 10 Sep 2009

See all articles by Jeffrie G. Murphy

Jeffrie G. Murphy

Arizona State University College of Law

Date Written: 1979

Abstract

A basic demand of justice is that we respect the rights and special status of autonomous persons. This means that we must not use such persons against their wills for the benefit of others. This article addresses this interrelationship between autonomy and justice, specifically in the sphere of inmates in so-called total institutions. It concludes that these inmates are not necessarily incapable of giving valid consent, even to very controversial therapies. It reaches this conclusion through an analysis of the concepts of informed consent, voluntary consent, and competent consent. These concepts are morally loaded, and we cannot think about them in purely psychological terms but must think of them in moral terms as well.

Keywords: Psychosurgery, Autonomy, Criminal Justice

Suggested Citation

Murphy, Jeffrie G., Therapy and the Problem of Autonomous Consent (1979). International Journal of Law & Psychiatry, Vol. 2, pp. 415-430, 1979, Available at SSRN: https://ssrn.com/abstract=1469708

Jeffrie G. Murphy (Contact Author)

Arizona State University College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States
(480) 965-5856 (Phone)
(480) 965-2427 (Fax)

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