David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Medicine and Philosophy 26 (1):35 – 59 (2001)
Limits to paternalism are, in the liberal democracies, partially defined by the concepts of decision-making capacity/incapacity (mental competence/incompetence). The paper is a response to Ian Wilkss (1997) recent attempt to defend the idea that the standards for decisional capacity ought to vary with the degree of risk incurred by certain choices. Wilkss defense is based on a direct appeal to the logical features of examples and analogies, thus attempting to by-pass earlier criticisms (e.g., Culver Gert, 1990) of risk-based standards. Wilkss argument is found wanting on the grounds that he misconstrues the logic of such capacity, especially in accounting for conceptual and pragmatic ties with issues of decisional authority. A diagnosis is offered as to the source of Wilkss error (the assumption that mental competence is a species of wider genus of competence), and an alternative way of accounting for risk within the predominant contemporary legal framework is sketched.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Ron Berghmans, Donna Dickenson & Ruud Ter Meulen (2004). Editorial: Mental Capacity: In Search of Alternative Perspectives. Health Care Analysis 12 (4):251-263.
Similar books and articles
David Checkland & Michel Silberfeld (1996). Mental Competence and the Question of Beneficent Intervention. Theoretical Medicine and Bioethics 17 (2).
Toby Williamson (2011). Running Before We Can Walk: Do We Have the Capacity? Philosophy, Psychiatry, and Psychology 18 (2):147-150.
Jules Holroyd (forthcoming). Clarifying Capacity: Reasons and Value. In Lubomira Radoilska (ed.), Autonomy and Mental Health. Oxford University Press.
Paul S. Appelbaum (1998). Ought We to Require Emotional Capacity as Part of Decisional Competence? Kennedy Institute of Ethics Journal 8 (4):377-387.
Gareth S. Owen, Fabian Freyenhagen, Genevra Richardson & Matthew Hotopf (2009). Mental Capacity and Decisional Autonomy: An Interdisciplinary Challenge. Inquiry 52 (1):79 – 107.
Rosamond Rhodes & Ian Holzman (2004). The Not Unreasonable Standard for Assessment of Surrogates and Surrogate Decisions. Theoretical Medicine and Bioethics 25 (4):367-386.
Laurence B. McCullough (2001). Finely Crafted Distinctions and the Art of Clinical Ethics. Journal of Medicine and Philosophy 26 (1):5 – 11.
Debra Bendell-Estroff, Kimberly Sibille & Tiffany Chenneville (2010). Decisional Capacity Among Minors With HIV: A Model for Balancing Autonomy Rights With the Need for Protection. Ethics and Behavior 20 (2):83-94.
Added to index2009-01-28
Total downloads16 ( #101,250 of 1,099,039 )
Recent downloads (6 months)1 ( #287,293 of 1,099,039 )
How can I increase my downloads?