David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Inquiry 52 (1):79 – 107 (2009)
With the waves of reform occurring in mental health legislation in England and other jurisdictions, mental capacity is set to become a key medico-legal concept. The concept is central to the law of informed consent and is closely aligned to the philosophical concept of autonomy. It is also closely related to mental disorder. This paper explores the interdisciplinary terrain where mental capacity is located. Our aim is to identify core dilemmas and to suggest pathways for future interdisciplinary research. The terrain can be separated into three types of discussion: philosophical, legal and psychiatric. Each discussion approaches mental capacity and judgmental autonomy from a different perspective yet each discussion struggles over two key dilemmas: whether mental capacity and autonomy is/should be a moral or a psychological notion and whether rationality is the key constitutive factor. We suggest that further theoretical work will have to be interdisciplinary and that this work offers an opportunity for the law to enrich its interpretation of mental capacity, for psychiatry to clarify the normative elements latent in its concepts and for philosophy to advance understanding of autonomy through the study of decisional dysfunction. The new pressures on medical and legal practice to be more explicit about mental capacity make this work a priority.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
|Through your library||Configure|
Similar books and articles
Aanand D. Naik, Carmel B. Dyer, Mark E. Kunik & Laurence B. McCullough (2009). Patient Autonomy for the Management of Chronic Conditions: A Two-Component Re-Conceptualization. American Journal of Bioethics 9 (2):23 – 30.
Jeanette Kennett & Steve Matthews (2009). Mental Timetravel, Agency and Responsibility. In Matthew Broome Lisa Bortolotti (ed.), Psychiatry as Cognitive Neuroscience: Philosophical Perspectives.
Peter Lucas (2011). Decision-Making Capacity and the Deprivation of Liberty Safeguards. Philosophy, Psychiatry, and Psychology 18 (2):117-122.
David Checkland (2001). On Risk and Decisional Capacity. Journal of Medicine and Philosophy 26 (1):35 – 59.
Craig Edwards (2010). Beyond Mental Competence. Journal of Applied Philosophy 27 (3):273-289.
Tim Thornton (2011). Capacity, Mental Mechanisms, and Unwise Decisions. Philosophy, Psychiatry, and Psychology 18 (2):127-132.
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.
Tiffany Chenneville, Kimberly Sibille & Debra Bendell-Estroff (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.
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.
Added to index2009-02-22
Total downloads22 ( #64,618 of 1,004,658 )
Recent downloads (6 months)1 ( #64,617 of 1,004,658 )
How can I increase my downloads?