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Informed consent in psychiatric practice: The primacy of ethics over law
Author(s) -
Winslade William J.
Publication year - 1983
Publication title -
behavioral sciences and the law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.649
H-Index - 74
eISSN - 1099-0798
pISSN - 0735-3936
DOI - 10.1002/bsl.2370010408
Subject(s) - paternalism , informed consent , psychiatry , psychology , law , medicine , engineering ethics , political science , alternative medicine , engineering , pathology
In recent years, concern with informed consent in psychiatry has led to an overemphasis on legal formulations of the problem and a heated debate about when physician paternalism can be justified. This paper proposes that the principle of respect for persons provides better guidance for treatment decisions than do legal guidelines based on a questionable standard of competency.