David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Theoretical Medicine and Bioethics 20 (4):377-393 (1999)
An assessment of decision-making capacity is the accepted procedure for determining when a person is not competent. An inferential gap exists between the criteria for capacity specific abilities and the legal requirements to understand relevant information and appreciate the consequences of a decision. This gap extends to causal influences on a person'scapacity to decide. Using a published case of depression, we illustrate that assessors' uses of diagnostic information is frequently not up to the task of bridging this inferential gap in a justifiable way. We then describe cases of faulty judgement which challenge the understanding of diagnostic causal influences. These cases help to clarify the nature of the expertise required for capacity assessments. In practice, the requirements of decision-making capacity are often abandoned to other considerations due to a lack of requisite expertise. The legal policy supporting decision-making capacity as a means to protective intervention is justified only if the requisite expertise is developed. We propose the requisite expertise to be developed in the long term as a distinct multidisciplinary endeavour.
|Keywords||mental capacity incompetence causal influences understanding and appreciating judgement depression decision-making|
|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
Michael Luntley (2009). Understanding Expertise. Journal of Applied Philosophy 26 (4):356-370.
Jodi Halpern (2012). When Concretized Emotion-Belief Complexes Derail Decision-Making Capacity. Bioethics 26 (2):108-116.
Wayne Martin & Ryan Hickerson (2013). Mental Capacity and the Applied Phenomenology of Judgement. Phenomenology and the Cognitive Sciences 12 (1):195-214.
Arthur R. Derse (1999). Making Decisions About Life-Sustaining Medical Treatment in Patients with Dementia. Theoretical Medicine and Bioethics 20 (1):55-67.
David Checkland & Michel Silberfeld (1996). Mental Competence and the Question of Beneficent Intervention. Theoretical Medicine and Bioethics 17 (2).
Tim Thornton (2011). Capacity, Mental Mechanisms, and Unwise Decisions. Philosophy, Psychiatry, and Psychology 18 (2):127-132.
Ajit Shah (2011). The Pragmatic Aspects of Assessing Mental Capacity. Philosophy, Psychiatry, and Psychology 18 (2):133-134.
Peter Lucas (2011). Decision-Making Capacity and the Deprivation of Liberty Safeguards. Philosophy, Psychiatry, and Psychology 18 (2):117-122.
Omar E. M. Khalil (1993). Artificial Decision-Making and Artificial Ethics: A Management Concern. [REVIEW] Journal of Business Ethics 12 (4):313 - 321.
Added to index2009-01-28
Total downloads4 ( #289,040 of 1,410,137 )
Recent downloads (6 months)1 ( #177,743 of 1,410,137 )
How can I increase my downloads?