Ethics and Legal Aspects

Abstract

The term “ethics” refers to both a branch of philosophy and codes of professional conduct. Philosophical ethics that are related to restrictive behavior management practices include consequential and deontological ethics and virtue ethics. Philosophical ethics intersects directly with service practices when we ask ourselves “What should we do?” Legal ethics include international, national, and state laws and are often apparently prescriptive as to when and when not to restrain or seclude. Legal standards change substantially over time and from place to place and have expanded to include safety issues for workers and restrictions on parental rights in the use of restraint. This chapter details both American and British laws related to restraint. Professional ethics include both ethical principles, such as beneficence, and specific directions relating to the use of restrictive behavior management practices. Professional ethics also restrict professional behavior with regard to restrictive behavior management practices. Although professional ethics agree on restriction of the use of such practices, professional ethics from different professional groups do not agree as to whether restraint should be eliminated or only used under limited circumstances.