David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Philosophy, Psychiatry, and Psychology 18 (2):127-132 (2011)
The notion of capacity implicit in the Mental Capacity Act is subject to a tension between two claims. On the one hand, capacity is assessed relative to a particular decision. It is the capacity to make one kind of judgement, specifically, rather than another. So one can have capacity in one area and not have it in another. On the other hand, capacity is supposed to be independent of the ‘wisdom’ or otherwise of the decision made. (‘A person is not to be treated as unable to make a decision merely because he makes an unwise decision.’ Department of Constitutional Affairs 2005, section 1). One may have capacity even if the decision one arrives at is seen as unwise by one’s doctor. In this short note, I explore this ..
|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
Jules Holroyd (forthcoming). Clarifying Capacity: Reasons and Value. In Lubomira Radoilska (ed.), Autonomy and Mental Health. Oxford University Press
Peter Lucas (2011). Decision-Making Capacity and the Deprivation of Liberty Safeguards. Philosophy, Psychiatry, and Psychology 18 (2):117-122.
Martin Sexton (2012). Assessing Capacity to Make Decisions About Long-Term Care Needs: Ethical Perspectives and Practical Challenges in Hospital Social Work. Ethics and Social Welfare 6 (4):411-417.
Ajit Shah (2011). The Pragmatic Aspects of Assessing Mental Capacity. Philosophy, Psychiatry, and Psychology 18 (2):133-134.
Wayne Martin & Ryan Hickerson (2013). Mental Capacity and the Applied Phenomenology of Judgement. Phenomenology and the Cognitive Sciences 12 (1):195-214.
Ajit Shah (2011). The Paradox of the Assessment of Capacity Under the Mental Capacity Act 2005. Philosophy, Psychiatry, and Psychology 18 (2):111-115.
Ajit Shah (2011). Mental Competence or Best Interests? Philosophy, Psychiatry, and Psychology 18 (2):151-152.
Arthur R. Derse (1999). Making Decisions About Life-Sustaining Medical Treatment in Patients with Dementia. Theoretical Medicine and Bioethics 20 (1):55-67.
Rosamond Rhodes & Ian Holzman (2004). The Not Unreasonable Standard for Assessment of Surrogates and Surrogate Decisions. Theoretical Medicine and Bioethics 25 (4):367-386.
Simon Grondin (2001). A Temporal Account of the Limited Processing Capacity. Behavioral and Brain Sciences 24 (1):122-123.
Jodi Halpern (2012). When Concretized Emotion-Belief Complexes Derail Decision-Making Capacity. Bioethics 26 (2):108-116.
Michel Silberfeld & David Checkland (1999). Faulty Judgment, Expert Opinion, and Decision-Making Capacity. Theoretical Medicine and Bioethics 20 (4):377-393.
Nelson Cowan (1998). What is More Explanatory, Processing Capacity or Processing Speed? Behavioral and Brain Sciences 21 (6):835-836.
Daniel D. Moseley & Gary J. Gala (2013). The Consumer Protection Model of Decisional Capacity Evaluation. Southwest Philosophy Review 29 (1):241-248.
Added to index2011-06-23
Total downloads55 ( #44,654 of 1,699,640 )
Recent downloads (6 months)4 ( #161,079 of 1,699,640 )
How can I increase my downloads?