Civil disobedience, conscientious objection, and evasive noncompliance: a framework for the analysis and assessment of illegal actions in health care

Abstract

This essay explores some of the conceptual and moral issues raised by illegal actions in health care. The author first identifies several types of illegal action, concentrating on civil disobedience, conscientious objection or refusal, and evasive noncompliance. Then he sketches a framework for the moral justification of these types of illegal action. Finally, he applies the conceptual and normative frameworks to several major cases of illegal action in health care, such as "mercy killing" and some decisions not to treat incompetent patients.

KIE: The author explores some of the conceptual and moral issues raised when health care professionals or laypersons disobey laws related to health care. He sketches a framework for the moral justification of three major types of illegal action--civil disobedience, conscientious objection or refusal, and evasive noncompliance--and then applies his conceptual and normative frameworks to particular bioethical issues, such as "mercy killing" and treatment refusal.