ACCESS;
PROPERTY RIGHTS;
HEALTH CARE;
KANT;
LEGISLATIVE WILL;
D O I:
10.1007/BF00998545
中图分类号:
DF [法律];
D9 [法律];
R [医药、卫生];
学科分类号:
0301 ;
10 ;
摘要:
The principle that everybody should have access to essential health care goods is in conflict with the notion that property rights should be respected. The Kantian doctrine of rights is explored in order to solve this conflict. Kant's notion of a legislative will is explained and used to show the inherent limits of the legal terms ''property'' and ''ownership'' (it can refer only to things external to subjects and to possible objects of choice). What is internal to the subject is outside of the realm of the legislative will. A law excluding those unable to pay from access to essential health care would not be just. A law granting that access would be just.