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    Chapter 8 Three Rationales for a Legal Right to Mental Integrity

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    Author(s)
    Douglas, Thomas
    Forsberg, Lisa
    Collection
    European Research Council (ERC); EU collection
    Language
    English
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    Abstract
    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.
    Book
    Neurolaw
    URI
    https://library.oapen.org/handle/20.500.12657/54057
    Keywords
    mental integrity; legal right
    DOI
    10.1007/978-3-030-69277-3_8
    ISBN
    9783030692766, 9783030692773
    Publisher
    Springer Nature
    Publisher website
    https://www.springernature.com/gp/products/books
    Publication date and place
    2021
    Grantor
    • H2020 European Research Council - 819757 - ProtMind Research grant informationFind all documents
    Classification
    Life sciences: general issues
    Pages
    23
    Rights
    https://creativecommons.org/licenses/by/4.0/
    • Imported or submitted locally

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    License

    • If not noted otherwise all contents are available under Attribution 4.0 International (CC BY 4.0)

    Credits

    • logo EU
    • This project received funding from the European Union's Horizon 2020 research and innovation programme under grant agreement No 683680, 810640, 871069 and 964352.

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