Autonomy Versus Integrity: The "Mind" and its "Body" in the Law

Area of Science:

• Legal Studies
• Philosophy of Law
• Medical Law

Background:

• The legal concept of a "legal subject" has undergone significant transformation over the past century.
• Since the 1980s, legal systems have increasingly recognized and articulated the "mind" of individuals involved in legal proceedings.
• This evolution is observable in distinct legal domains, including negligence and health treatment consent.

Purpose of the Study:

• To analyze the evolution of legal subjecthood, focusing on the distinction between "mind" and "body."
• To explore the legal concept of "abstraction" in relation to children's capacity to consent.
• To examine the law's evolving understanding of "autonomy" and bodily "integrity."

Main Methods:

• Analysis of legal decisions concerning "nervous shock" in negligence law.
• Examination of case law related to consent for health treatment.
• In-depth exploration of judicial reasoning on children's capacity to consent.

Main Results:

• The law now explicitly distinguishes between mental and physical harm, as seen in "nervous shock" cases.
• A clear separation between "mind" and "body" is now articulated in health treatment consent law.
• The concept of "abstraction" is crucial in assessing children's evolving capacity and autonomy.

Conclusions:

• Legal subjecthood has evolved to encompass a more nuanced understanding of mental states and decision-making capacity.
• The law's recognition of "autonomy" and bodily "integrity" has been significantly shaped by these developments.
• The assessment of children's capacity to consent highlights the law's engagement with abstract concepts of selfhood.