The Rational Medical Treatment In The Field Of Legal Paternalism

All the time,the legal paternalism is regarded as a governmental way to limit freedom and autonomy right of individuals.Actually,the legal paternalism only can be used in special situations and conditions.Firstly,the legal paternalism can only be justified with this three conditions——utilitarianism?autonomy?common good.Individuals not always keeping rational forms the basis of the legal paternalism,their choice or decisions not always obey their real rationality.As a result,by limiting individuals' freedom,the legal paternalism can help individuals achieve their true wills,and improve individuals' and society's benefits,which guarantees individuals'freedom in practice.Besides,the purpose of legislating is to promote common benefits.In addition,human dignity is the core of value of the legal paternalism,which must be followed when applying the legal paternalism.The original purpose of the legal paternalism is to protect individuals' benefits,the letter "individual" not only means freedom and equality,but also means equal legal personality.When individuals are compelled by extra condition and lose their rationality,their actions may hinder their will to achieve,to which situation the legal paternalism can be applied.Though this situation may happen in economy?medicine?politics?environmental protecting,the legal paternalism has special applying in medical area.Medical care has specialized knowledge and high risks,doctors monopoly medical knowledge and facilities by long-term profession training.They have absolute authority on estimating the body condition of patients?the change trend of disease and therapeutic schedule.Doctors are strong and intelligent,but patients are weak and foolish as a result of the lack of medicine knowledge.In traditional medical paternalism,morality vests doctors a role of "father",which requires doctors promote the right of life and health of patients.Doctors can force patients to accept medical plan with neglecting their autonomy,at the same time,patients obey the medical plan because of full trust of doctors.But human trials by Nazi doctors in world war II and the growing up of patients movements,each countries began to legislate to protect patient's autonomy,which stressed respecting for patients' autonomy in medical progress.But there are also limitations in applying the legal paternalism,the legal paternalism should use different ways to protect different patients.Although common good is also the premise of justifying properness,it still should be balanced carefully whether common good can be given priority to individuals' freedom.The protection to patients' autonomy by the legal paternalism causes doctor-patient relationship to be rigid,which potentially treats the achievements of guarantee patients' life and health rights.Therefore,the methods of applying the legal paternalism must be limited with proportionality principle and respect human dignity.