David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Theoretical Medicine and Bioethics 4 (3) (1983)
This article examines two currently disputed issues regarding public policy for mentally retarded people. First, questions are raised about the legal tradition of viewing mental competence as an all-or-nothing attribute. It is argued that recently developed limited competence and limited guardianship laws can provide greater freedom for retarded people without sacrificing needed protection. Second, the question of who should act paternalistically for retarded people incapable of acting for themselves is examined. Rothman's claim that special formal advocates are the best representatives for retarded people is discussed and criticized. It is argued that parents, professionals and legal advocates should share decision-making authority on behalf of those who are incompetent.
|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
No citations found.
Similar books and articles
Joseph B. Moon & Glenn C. Graber (1985). When Danny Said No! Refusal of Treatment by a Patient of Questionable Competence. Journal of Medical Humanities and Bioethics 6 (1):12-27.
Andrea D. Lyon, But He Doesn't Look Retarded: Challenges to Jury Selection in the Capital Case for the Mentally Retarded Client Not Excluded Under Atkins V. Virginia.
David Steinberg (2004). Kidney Transplants From Young Children and the Mentally Retarded. Theoretical Medicine and Bioethics 25 (4):229-241.
Yael Israely (1985). The Moral Development of Mentally Retarded Children: Review of the Literature. [REVIEW] Journal of Moral Education 14 (1):33-42.
Torbjörn Tännsjö (2006). Non-Voluntary Sterilization. Journal of Medicine and Philosophy 31 (4):401 – 415.
Daniel Wikler (1979). Paternalism and the Mildly Retarded. Philosophy and Public Affairs 8 (4):377-392.
Charles Kielkopf (1971). The Pure Human Dignity of the Mentally Retarded. World Futures 9 (1):106-113.
Sophia Isako Wong (2007). The Moral Personhood of Individuals Labeled “Mentally Retarded”: A Rawlsian Response to Nussbaum. Social Theory and Practice 33 (4):579-594.
Added to index2009-01-28
Total downloads21 ( #135,014 of 1,725,474 )
Recent downloads (6 months)9 ( #72,348 of 1,725,474 )
How can I increase my downloads?