Szasz on Contract, Liberty and Autonomy

Peter G. Stillman

American Journal of Economics and Sociology, 1983, vol. 42, issue 1, 93-100

Abstract: Abstract. Thomas Szasz, psychiatrist and philosopher, in many books and articles has sought to delineate a theory of personal conduct and social interaction based on individual freedom of choice. Using psychiatric issues as his basis, he asserts that freedom of contract is essential to liberty and autonomy, and that contractual consent must be “informed” in a legal sense. But the mere fact of choice is not sufficient for the individual's humanity and autonomy. For “informed” consent, even a non‐paternalistic State must be an active State, establishing the general norms even of the psychiatrist‐patient relationship, making explicit and maintaining the “implied terms” that must surround all contracts, including the education and social competence necessary for making them.

Date: 1983
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