Chapter 8 Three Rationales for a Legal Right to Mental Integrity
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...
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| Main Authors: | , |
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| Formato: | Online |
| Idioma: | inglês |
| Publicado em: |
Springer Nature
2022
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| Assuntos: | |
| Acesso em linha: | https://library.oapen.org/handle/20.500.12657/54057 |
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| Resumo: | 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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