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Chapter 8 Three Rationales for a Legal Right to Mental Integrity

Av: Medverkande: Materialtyp: ArtikelUtgivningsinformation: Springer Nature 2021Beskrivning: 1 electronic resource (23 p.)Innehållstyp:
  • text
Medietyp:
  • computer
Bärartyp:
  • online resource
ISBN:
  • 9783030692766
Ämnen: Onlineresurser: I: Sammanfattning: Many states recognize a legal right to bodily integrity, understood as a right against significant, nonconsensual interference with one's body. Recently, some have called for the recognition of an analogous legal right to mental integrity: a right against significant, nonconsensual interference with one's mind. In this chapter, we describe and distinguish three different rationales for recognizing such a right. The first appeals to case-based intuitions to establish a distinctive duty not to interfere with others' minds; the second holds that, if we accept a legal right to bodily integrity, then we must, on pain of philosophical inconsistency, accept a case for an analogous right over the mind; and the third holds that recent technological developments create a need for a legal right to mental integrity.
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Many states recognize a legal right to bodily integrity, understood as a right against significant, nonconsensual interference with one's body. Recently, some have called for the recognition of an analogous legal right to mental integrity: a right against significant, nonconsensual interference with one's mind. In this chapter, we describe and distinguish three different rationales for recognizing such a right. The first appeals to case-based intuitions to establish a distinctive duty not to interfere with others' minds; the second holds that, if we accept a legal right to bodily integrity, then we must, on pain of philosophical inconsistency, accept a case for an analogous right over the mind; and the third holds that recent technological developments create a need for a legal right to mental integrity.

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