The Role of Personhood in Treatment Decisions Made by Courts

The courts are becoming increasingly involved in the area of medical treatment, both in arguments to enforce treatment and to withhold it. While these judicial arguments may implicitly view the patient as person-with constitutional rights and protections-the courts do not explicitly discuss “personhood.” The status of individuals, the rights and obligation due them, and the respect and protection accorded them is the more common (even if inconsistent) language, and framework, of judicial and legislative bodies.

Author(s): Leonard H. Glantz

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Volume 61, Issue 1 (pages 76–100)
Published in 1983