Mental Incapacity and Justice: Ethics

Question 1

What makes human life valuable
-justice
-autonomy
What is the problem with these views

Answer 1

Justice - requires equal treatment of equals

• if we do not treat an individual equally, it implies that their lives are less valuable
• not always possible
• what does equal treatment mean?

Autonomy - an individuals ability to value their life (John Harris)
However, not everyone has autonomy, but their lives are still valuable
-babies, young children
-congenital learning disability
-acquired disability (head injury, alcohol, AD)

Question 2

What are rights

-what kind of rights exist

Answer 2

Can be thought of as moral entitlements

Negative and positive rights

• what others may not do to us
• what others must provide for us

Are these valid moral rights?
Is there a duty to meet these rights or are they just nice for a decent society to provide?

Question 3

How should we approach respect autonomy in individuals with defects in autonomy

Answer 3

They still are owed equal treatment and respect

We can maximise capacity for autonomous decisions now and in the future
If they lack capacity, we can act in their best interests to maintain their welfare

Question 4

What does autonomous decisions involve

Answer 4

Being able to form values
Being able to understand decisions
Be able to make decisions based on the information given and their values

Question 5

Describe Ronald Dworkin’s view on respecting autonomy when autonomy is lost
-what is the problem with this view

Answer 5

Autonomous individuals have an idea of how their lives should unfold and how their lives should end

Respecting autonomy requires us to respect these values

Therefore, an individual’s previously stated autonomous wishes should be determinative if autonomy is subsequently lost

Does respect for previous decisions made when autonomous unjustly override current right to life or our duty to show an individual equal respect