Question

Select an ethical dilemma related to health policy from the categories of moral values, professional regulation, health of individuals in society, or distributive justice. What are the controversies surrounding this issue? What are the opposing ethical principles? How has past or current health policy addressed this dilemma? Support your reasoning with reference citations.

Answer 1

An ethical dilemma concerning health policies is notable in Preventative Punishment. Morally, the theory of Utilitarianism may justify preventive detention – i.e., punishment related not to actual wrongdoing but to expected wrongdoing, IF there was a sufficiently high amount of expected utility to be gained from doing so. However, morally, this would result in punishment of persons who were not (yet) actually guilty of any wrongdoing. Distributive Justice is concerned with the distinction between Preventive Confinement and involuntary commitment under mental health legislation. However, involuntary commitment undertaken on health grounds or in order to protect the person or others is considered Paternalism. Health policies and legislation negative preventative incarceration due to their morally infallible grounds. However, if a person is temporarily detained for treatment and then released once treatment has helped with recovery, it is morally just as well as in line with policy and health legislation. According to Greene and Cohen, Punishing the innocent, for instance, would involve systematic deception and corruption.

Reference:

Greene, J. D., Nystrom, L. E., Engell, A. D., Darley, J. M., & Cohen, J. D. (2004). The Neural Bases of Cognitive Conflict and Control in Moral Judgment. Neuron,44(2), 389-400.