Rights to Health Care: Created, Not Discovered

  • H. Tristram EngelhardtJr.
Part of the Philosophy and Medicine book series (PHME, volume 38)


As Tom Beauchamp acknowledges, in many philosophical disputes arguments can be suggestive even if they are not conclusive [1]. The result is that one must often rely on fair negotiations to shape the character of public policy rather than on some method for discovering what public policy should be. Still, suggestive arguments can guide negotiations even where they cannot determine conclusively what the results should be. The more this is so, the more rights to health care are created rather than discovered. In this fashion, Beauchamp introduces one of the major questions regarding justice in health care: is justice to be understood through a process for fashioning rights to health care or through a body of defended doctrines which establish a pattern of proper health care distributions?


Coercive Force Private Property Moral Community Moral Authority Private Enforcement 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.


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  1. 1.
    Beauchamp, T.L.: 1991, ‘The Right to Health Care in a Capitalistic Democracy’, in this volume, pp. 53–81.Google Scholar
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    Engelhardt, H.T.: 1986, The Foundations of Bioethics, Oxford University Press, New York.Google Scholar
  3. 3.
    Friedman, D.: 1979, ‘Private Creation and Enforcement of Law: A Historical Case’, The Journal of Legal Studies 8, 399–415.CrossRefGoogle Scholar
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    Friedman, D.: 1984, ‘Efficient Institutions for the Private Enforcement of Law’, The Journal of Legal Studies 13, 379–397.CrossRefGoogle Scholar
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    Nozick, R.: 1974, Anarchy, State, and Utopia, Basic Books, New York.Google Scholar
  6. 6.
    Veatch, R.M.: 1991, ‘Justice and the Right to Health Care: An Egalitarian Account’, in this volume, pp. 83–102.Google Scholar

Copyright information

© Kluwer Academic Publishers 1991

Authors and Affiliations

  • H. Tristram EngelhardtJr.
    • 1
  1. 1.Baylor College of MedicineHouston

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