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The harm threshold and Mill's harm principle.

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Conceptual challenges to the harm threshold.

Maggie Taylor1

  • 1Department of Philosophy, University of Colorado at Boulder, Boulder, Colorado.

Bioethics
|November 8, 2019
PubMed
Summary

The harm threshold (HT) proposes state intervention in parental medical decisions only when children face serious harm. However, this ethical guideline lacks sufficient grounding in either parental liberty or J.S. Mill

Keywords:
childrenharm principleparental decision makingparental libertystate intervention

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Area of Science:

  • Bioethics
  • Medical Law
  • Child Welfare

Background:

  • Children's medical decision-making is legally and ethically complex, with parents typically holding authority.
  • Parental authority in medical decisions is not absolute, necessitating ethical boundaries.
  • The harm threshold (HT) is a proposed ethical framework for state intervention in parental medical decision-making.

Purpose of the Study:

  • To examine the underlying principles justifying the harm threshold (HT).
  • To assess whether these principles adequately support the HT as conceived by its proponents.
  • To identify conceptual difficulties with the HT framework.

Main Methods:

  • Philosophical analysis of ethical principles.
  • Review of literature on parental authority and state intervention.
  • Conceptual critique of the harm threshold (HT).

Main Results:

  • The harm threshold (HT) is often justified by reference to J.S. Mill's Harm Principle or parental liberty interests.
  • Neither the Harm Principle nor parental liberty interests provide sufficient grounding for the HT.
  • Significant conceptual challenges exist for advocates of the harm threshold (HT).

Conclusions:

  • The harm threshold (HT) requires stronger theoretical justification to be ethically and legally sound.
  • Further philosophical and ethical inquiry is needed to refine or replace the HT.
  • Current conceptualizations of the HT present a substantial difficulty for its proponents.