Paternalistic Grounds for Involuntary Civil Commitment: A Utilitarian Perspective

Abstract

My purpose in this paper is to offer an interpretation of what I believe to be the central argument underlying the strongly antipaternalistic position taken by the utilitarian moral philosopher John Stuart Mill in his classic essay On Liberty, and to explore the implications of that argument for paternalistic justifications of the involuntary civil commitment of the mentally ill. Although much of what I shall say will pretty obviously apply to non-paternalistic justifications of involuntary commitment as well (e.g., posing a threat of harm or gross nuisance to others), my central concern is with the morality of the laws and institutional practices reflected in statements of the following sort: From the American Psychiatric Association’s revised position statement on involuntary hospitalization of the mentally ill: