Grubin Don
Department of Forensic Psychiatry, St. Nicholas Hospital, Bamburgh Clinic, Gosforth, Newcastle-upon-Tyne, UK.
J Am Acad Psychiatry Law. 2008;36(2):185-90.
In 1984, Alan Stone, writing in the Bulletin of the American Academy of Psychiatry and the Law, stated that "forensic psychiatrists are without any clear guidelines as to what is proper and ethical," adding that because of the nature of psychiatry and the realities of the law, no such guidelines can be drawn. Put starkly, his conclusion was that the practice of forensic psychiatry is fundamentally unethical. In the same issue, several contemporary commentators criticized his position, arguing that he misunderstood the social context of forensic psychiatry and that, in any case, he was wrong to say that ethics standards did not exist. In this article, these questions are reviewed again, starting from the principle articulated by the philosopher, A. J. Ayer, that that there is no such thing as an ethical fact.
1984年,艾伦·斯通在美国《精神病学与法律学会公报》上撰文指出,“法医精神病学家对于何为恰当及合乎伦理的行为没有任何明确的指导方针”,并补充说,鉴于精神病学的性质和法律现实,无法制定这样的指导方针。直白地说,他的结论是法医精神病学的实践从根本上说是不道德的。在同一期杂志上,几位当代评论家批评了他的立场,认为他误解了法医精神病学的社会背景,而且无论如何,他说不存在道德标准是错误的。在本文中,将从哲学家A. J. 艾耶尔提出的原则出发,即不存在道德事实,再次审视这些问题。