Therapeutic jurisprudence and the resolution of value conflicts: what we can realistically expect, in practice, from theory
✍ Scribed by Ken Kress
- Publisher
- John Wiley and Sons
- Year
- 1999
- Tongue
- English
- Weight
- 283 KB
- Volume
- 17
- Category
- Article
- ISSN
- 0735-3936
No coin nor oath required. For personal study only.
✦ Synopsis
This article assesses the criticisms of therapeutic jurisprudence that it cannot resolve value con¯icts, especially between autonomy rights and therapeutic values, or, less radically, that it has not provided a general method for resolving con¯icts. Grounded in general jurisprudential principles about con¯ict resolution, including novel developments respecting the meaning of weighing and balancing, the article rejects the criticisms as unfounded. The article also develops and critiques arguments maintaining that therapeutic jurisprudence cannot resolve certain value con¯icts because the values are incommensurable. The argument is illustrated by examples concerning the right to refuse treatment, and jurisprudential analyses of that right.