Legal Studies Commons^™

Must Consent Be Informed? Patient Rights, State Authority, And The Moral Basis Of The Physician's Duties Of Disclosure, D. Robert Macdougall

Publications and Research

Legal standards of disclosure in a variety of jurisdictions require physicians to inform patients about the likely consequences of treatment, as a condition for obtaining the patient’s consent. Such a duty to inform is special insofar as extensive disclosure of risks and potential benefits is not usually a condition for obtaining consent in non-medical transactions.

What could morally justify the physician’s special legal duty to inform? I argue that existing justifications have tried but failed to ground such special duties directly in basic and general rights, such as autonomy rights. As an alternative to such direct justifications, I develop an …

Racial Disparities In The United States Criminal Justice System: “With Liberty And Justice For All?”, Remi Alapo, David Rockefeller

Publications and Research

Racial discrimination remains a prevalent issue in the contemporary U.S. despite efforts to promote equality. Many young African American and Hispanic males are easy target for law enforcement agents. Minorities experience a higher and more unfair form of racial discrimination, racial profiling, police brutality, unfair sentencing, and mass incarceration for offences which are the same or less than those committed by White males. The rate of incarceration in the United States is five to eight times higher than most developed countries, and Black males constitute the largest percentage of inmates in the U.S. prison system. Once arrested, Black Americans are …

Sometimes Merely As A Means: Why Kantian Philosophy Requires The Legalization Of Kidney Sales, D. Robert Macdougall

Publications and Research

Several commentators have tried to ground legal prohibitions of kidney sales in some form of Kant’s moral arguments against such sales. This paper reconsiders this approach to justifying laws and policies in light of Kant’s approach to law in his political philosophy. The author argues that Kant’s political philosophy requires that kidney sales be legally permitted, although contracts for such sales must remain unenforceable. The author further argues that Kant’s approach to laws, such as those governing kidney distribution, was formed in part by considering and rejecting an assumption frequently employed in the bioethics literature, namely, that legal duties can …