Search results for 'Mental Act' (try it on Scholar)

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  1.  4
    David Gurnham (2008). “Reader, I Detained Him Under the Mental Health Act”: A Literary Response to Professor Fennell's Best Interests and Treatment for Mental Disorder. [REVIEW] Health Care Analysis 16 (3):268-278.
    This is a response to Professor Fennell's paper on the recent influence and impact of the best interests test on the treatment of patients detained under the Mental Health Act 1983 (MHA) for mental disorder. I discuss two points of general ethical significance raised by Professor Fennell. Firstly, I consider his argument on the breadth of the best interests test, incorporating as it does factors considerably wider than those of medical justifications and the risk of harm. Secondly, I (...)
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  2.  13
    Larry Hickman (1979). Three Consequences of Ockham's “Mental-Act” Theory. Southwestern Journal of Philosophy 10 (1):99-105.
  3.  44
    Wayne Martin, Sabine Michalowski, Timo Jütten & Matthew Burch, Achieving CRPD Compliance: Is the Mental Capacity Act of England and Wales Compatible with the UN Convention on the Rights of Persons with Disability? If Not, What Next?
    In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss and (...)
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  4.  1
    Ruiping Fan & Mingxu Wang (2015). Taking the Role of the Family Seriously in Treating Chinese Psychiatric Patients: A Confucian Familist Review of China’s First Mental Health Act. Journal of Medicine and Philosophy 40 (4):387-399.
    This essay argues that the Chinese Mental Health Act of 2013 is overly individualistic and fails to give proper moral weight to the role of Chinese families in directing the process of decision-making for hospitalizing and treating the mentally ill patients. We present three types of reactions within the medical community to the Act, each illustrated with a case and discussion. In the first two types of cases, we argue that these reactions are problematic either because they comply with (...)
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  5.  33
    Peter Herissone-Kelly (2010). Capacity and Consent in England and Wales: The Mental Capacity Act Under Scrutiny. Cambridge Quarterly of Healthcare Ethics 19 (3):344-352.
    The Mental Capacity Act 2005 came into force in England and Wales in 2007. Its primary purpose is to provide “a statutory framework to empower and protect people who may lack capacity to make some decisions for themselves.” Examples of such people are those with dementia, learning disabilities, mental health problems, and so on. The Act also gives those who currently have capacity a legal framework within which they can make arrangements for a time when they may come (...)
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  6.  5
    Jonathan Parker, Bridget Penhale & David Stanley (2011). Research Ethics Review: Social Care and Social Science Research and the Mental Capacity Act 2005. Ethics and Social Welfare 5 (4):380-400.
    This paper considers concerns that social care research may be stifled by health-focused ethical scrutiny under the Mental Capacity Act 2005 and the requirement for an ?appropriate body? to determine ethical approval for research involving people who are deemed to lack capacity under the Act to make decisions concerning their participation and consent in research. The current study comprised an online survey of current practice in university research ethics committees (URECs), and explored through semi-structured interviews the views of social (...)
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  7.  30
    Natalie F. Banner (2011). The 'Bournewood Gap' and the Deprivation of Liberty Safeguards in the Mental Capacity Act 2005. Philosophy, Psychiatry, and Psychology 18 (2):123-126.
    The Deprivation of Liberty Safeguards (DOLS) were recently introduced into the Mental Capacity Act (MCA) via an amendment to mental health legislation in England and Wales. As Shah (2011) discusses, the rationale behind creating these protocols was to close what is commonly referred to as the ‘Bournewood gap’; a legislative loophole that allowed a severely autistic man (H.L.) who did not initially dissent to admission to be detained in a hospital and deprived of his liberty in his ‘best (...)
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  8.  23
    T. Hope, A. Slowther & J. Eccles (2009). Best Interests, Dementia and the Mental Capacity Act (2005). Journal of Medical Ethics 35 (12):733-738.
    The Mental Capacity Act (2005) is an impressive piece of legislation that deserves serious ethical attention, but much of the commentary on the Act has focussed on its legal and practical implications rather than the underlying ethical concepts. This paper examines the approach that the Act takes to best interests. The Act does not provide an account of the underlying concept of best interests. Instead it lists factors that must be considered in determining best interests, and the Code of (...)
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  9.  20
    C. Johnston & J. Liddle (2007). The Mental Capacity Act 2005: A New Framework for Healthcare Decision Making. Journal of Medical Ethics 33 (2):94-97.
    The Mental Capacity Act received Royal Assent on 7 April 2005, and it will be implemented in 2007. The Act defines when someone lacks capacity and it supports people with limited decision-making ability to make as many decisions as possible for themselves. The Act lays down rules for substitute decision making. Someone taking decisions on behalf of the person lacking capacity must act in the best interests of the person concerned and choose the options least restrictive of his or (...)
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  10.  46
    N. Glover-Thomas (2007). A New 'New' Mental Health Act? Reflections on the Proposed Amendments to the Mental Health Act 1983. Clinical Ethics 2 (1):28-31.
    Since 1998, several attempts have been made to reform the existing mental health legislation - the Mental Health Act 1983. However, all efforts thus far have been resoundingly rejected by mental health charities, psychiatrists and related professions. Following the Government's decision to abandon the draft Mental Health Bill in March 2006, plans to introduce new legislation designed to amend the existing 1983 Act have been published. This shorter bill was introduced before Parliament in November 2006. The (...)
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  11.  3
    Emanuel Nicolas Cortes Simonet (2014). Victoria's 'Mental Health Act 2014': The Human Rights of Persons with Mental Illness. Chisholm Health Ethics Bulletin 20 (1):3.
    Simonet, Emanuel Nicolas Cortes Victoria's new Mental Health Act 2014 came into operation on 1st July 2014. Corresponding with international standards, the new Act aims to strengthen the human rights of persons with mental illness. This is supported by the inclusion of a recovery framework which promotes a collaborative treatment approach, procedures that reduce the duration of compulsory treatment, as well as better mental health service oversight and safeguards. This article analyses and highlights these reforms from a (...)
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  12.  10
    Elizabeth Robinson, Lessons From Odysseus and Beyond: Why Lacking Morality Means Lacking Totality in the Mental Capacity Act 2005.
    The law of England and Wales provides that an adult with capacity has the right to refuse medical treatment both contemporaneously and in an advance refusal. Legislation separates general advance refusals of treatment from advance refusals of life-sustaining treatment. The law, outlined in ss.24 to 26 of the Mental Capacity Act 2005, is stricter for creation of the latter. These sections brought with them a new age of interests by purporting to elevate individual autonomy as the primary concern. Beginning (...)
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  13.  18
    Ajit Shah (2011). The Paradox of the Assessment of Capacity Under the Mental Capacity Act 2005. Philosophy, Psychiatry, and Psychology 18 (2):111-115.
    The mental capacity Act 2005 (MCA; Department of Constitutional Affairs 2005) was partially implemented on April 1, 2007, and fully implemented on October 1, 2007, in England and Wales. The MCA provides a statutory framework for people who lack decision-making capacity (DMC) or who have capacity and want to plan for the future when they may lack DMC. Health care and social care providers need to be familiar with the MCA and the associated legal structures and processes. The MCA (...)
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  14.  18
    Carolyn Johnston (2007). The Mental Capacity Act 2005 and Advance Decisions. Clinical Ethics 2 (2):80-84.
    This article considers the provisions of the Mental Capacity Act 2005 in respect of advance decisions. It considers the new statutory regulation of advance directives (termed 'advance decisions' in the Act) and the formalities necessary to effect an advance decision purporting to refuse life-sustaining treatment. The validity and applicability of advance decisions is discussed with analogy to case law and the clinician's reasonable belief in following an advance decision is considered. The article assesses the new personal welfare Lasting Powers (...)
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  15.  5
    Christine Rowley, Dexter Perry, Rebecca Brickwood & Nicola Mellor (2013). A Mental Capacity Act 2005 Questionnaire. Clinical Ethics 8 (1):15-18.
    The hospital's clinical ethics committee sought to gauge health-care professionals’ level of knowledge and usage of the Mental Capacity Act 2005 within the hospital trust. The hospital's personnel were asked to complete a 10 part questionnaire relating to the basic contents of the Act. Four hundred questionnaires were distributed and 249 (62%) were returned completed and valid for analysis. A ‘pass-mark’ of 70% (7/10) was assumed; the results showed that 48% of respondents scored ≤50% (≤5/10), 74% of respondents scored (...)
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  16.  12
    Anthony Maden (2007). England's New Mental Health Act Represents Law Catching Up with Science: A Commentary on Peter Lepping's Ethical Analysis of the New Mental Health Legislation in England and Wales. Philosophy, Ethics, and Humanities in Medicine 2 (1):16-.
    When seen in the historical context of psychiatry's relatively recent discovery of violence and risk, along with society's adoption of more risk-averse attitudes, the Mental Health Act 2007 in England and Wales is an ethical and proportionate measure.
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  17.  7
    Julian Sheather (2006). The Mental Capacity Act 2005. Clinical Ethics 1 (1):33-36.
    The Mental Capacity Act, which received Royal Assent in April 2005, will come into force in April 2007. The Act puts into statute the legality of interventions in relation to adults who lack capacity to make decisions on their own behalf. The aim of this paper is to outline the main features of the legislation and its impact on those health care professionals who provide care and treatment for incapacitated adults. The paper sets out the underlying ethical principles that (...)
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  18.  5
    T. Lucas (2008). Implementing the Mental Capacity Act and the Code of Practice – a Developing Scenario. Clinical Ethics 3 (2):63-68.
    This article sets out a scenario highlighting some of the issues to be faced by NHS hospitals when dealing with patients who may require treatment under the Mental Capacity Act 2005. The article sets out matters to consider when dealing with patients in A&E, assessments of best interests, emergency treatment, lasting powers of attorney and transferring patients to nursing homes. All of these matters come under the remit of the Act.
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  19.  2
    Jean-Francois Bonnefon (2007). Reasons to Act and the Mental Representation of Consequentialist Aberrations. Behavioral and Brain Sciences 30 (5-6):453-454.
    If imagination is guided by the same principles as rational thoughts, then we ought not to stop at the way people make inferences to get insights about the workings of imagination; we ought to consider as well the way they make rational choices. This broader approach accounts for the puzzling effect of reasons to act on the mutability of actions.
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  20.  2
    Elizabeth Fistein (2012). The Mental Capacity Act and Conceptions of the Good. In Lubomira Radoilska (ed.), Autonomy and Mental Disorder. Oxford University Press
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  21.  7
    Benjamin Libet (1987). Are the Mental Experiences of Will and Self-Control Significant for the Performance of a Voluntary Act? Behavioral and Brain Sciences 10 (4):783.
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  22.  36
    Malcolm Kinney (2009). Being Assessed Under the 1983 Mental Health Act—Can It Ever Be Ethical? Ethics and Social Welfare 3 (3):329-336.
  23.  4
    Peter N. Herissone-Kelly, Capacity and Consent in England and Wales: The Mental Capacity Act Under Scrutiny.
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  24.  60
    K. Diesfeld (1997). Consensus for Change: A Report on a Major Conference to Consider the Need for a Fundamental Review of the Mental Health (Scotland) Act 1984. Journal of Medical Ethics 23 (5):334-334.
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  25.  7
    E. J. Lidbetter (1925). The Present Position of Mental Deficiency Under the Act. The Eugenics Review 16 (4):259.
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  26.  5
    Evelyn Fox (1918). The Mental Deficiency Act. The Eugenics Review 10 (1):1.
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  27.  9
    R. Langdon-Down (1914). A Guide to the Mental Deficiency Act, 1913. The Eugenics Review 6 (1):65.
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  28.  23
    Richard E. Aquila (1976). Intentionality: A Study Of Mental Acts. Penn St University Press.
    This book is a critical and analytical survey of the major attempts, in modern philosophy, to deal with the phenomenon of intentionality—those of Descartes, Brentano, Meinong, Husserl, Frege, Russell, Bergmann, Chisholm, and Sellars. By coordinating the semantical approaches to the phenomenon, Dr. Aquila undertakes to provide a basis for dialogue among philosophers of different persuasions. "Intentionality" has become, since Franz Brentano revived its original medieval use, the standard term describing the mind's apparently paradoxical capacity to relate itself to objects existing (...)
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  29.  8
    P. Bean, W. Bingley, I. Bynoe, A. Faulkner, E. Rassaby & A. Rogers (forthcoming). Out of Harm's Way: National Association for Mental Health's (MIND's) Research Into Police and Psychiatric Action Under Section 136 of the Mental Health Act. Mind.
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  30.  8
    H. Tasman Lovell (1923). The Tasmanian Mental Deficiency Act. Australasian Journal of Philosophy 1 (4):285 – 289.
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  31.  2
    H. Tasman Lovell (1923). The Tasmanian Mental Deficiency Act. Australasian Journal of Psychology and Philosophy 1 (4):285-289.
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  32.  4
    T. Hope (1999). Reforming the 1983 Mental Health Act. Journal of Medical Ethics 25 (5):363-364.
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  33.  4
    Anna Hp Kirby (1915). Notes on the Present Working of the Mental Deficiency Act. The Eugenics Review 7 (2):133.
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  34.  1
    Godfred Boahen (2015). Researching the Mental Capacity Act 2005: Reflections on Governance, Field Relationships, and Ethics with an Adult Who Did Not Consent. Ethics and Social Welfare 9 (4):375-389.
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  35.  2
    J. V. McHale (2009). Research Ethics Review and Mental Capacity: Where Now After the Mental Capacity Act 2005? Research Ethics 5 (2):65-70.
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  36.  2
    R. Wilkinson (2005). Reviewing Research with Mentally Incapacitated Adults: What RECs Need to Consider Under the Mental Capacity Act 2005. Research Ethics 1 (4):127-131.
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  37.  4
    S. Fovargue & J. Miola (2011). Assessing and Detaining Those Who Are Mentally Disordered Under the Mental Health Act 1983 and Mental Capacity Act 2005: Part 1. [REVIEW] Clinical Ethics 6 (1):11-14.
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  38.  1
    Sara Fovargue & José Miola (2011). Treating Those Who Are Mentally Disordered Under the Mental Health Act 1983: Part 2. Clinical Ethics 6 (2):64-67.
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  39.  1
    N. L. G. Eastman (1985). A Guide to The Mental Health Act 1983. Journal of Medical Ethics 11 (3):163-163.
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  40.  2
    Jill Peay (1986). The Mental Health Act 1983 (England and Wales): Legal Safeguards in Limbo. Journal of Law, Medicine & Ethics 14 (3-4):180-189.
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  41. Sara Fovargue (2009). Deprivation of Liberty Under the Mental Capacity Act 2005. Clinical Ethics 4 (1):10-11.
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  42. Jill Peay (1986). 1. The Mental Health Act 1983 : Legal Safeguards in Limbo. Journal of Law, Medicine and Ethics 14 (3-4):180-189.
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  43. Joëlle Proust (2001). A Plea for Mental Acts. Synthese 129 (1):105-128.
    A prominent but poorly understood domain of human agency is mental action, i.e., thecapacity for reaching specific desirable mental statesthrough an appropriate monitoring of one's own mentalprocesses. The present paper aims to define mentalacts, and to defend their explanatory role againsttwo objections. One is Gilbert Ryle's contention thatpostulating mental acts leads to an infinite regress.The other is a different although related difficulty,here called the access puzzle: How can the mindalready know how to act in order to reach (...)
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  44.  67
    Peter T. Geach (1957). Mental Acts: Their Content And Their Objects. Humanities Press.
    ACT, CONTENT, AND OBJECT THE TITLE I have chosen for this work is a mere label for a set of problems; the controversial views that have historically been ...
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  45. Andrei A. Buckareff (2005). How (Not) to Think About Mental Action. Philosophical Explorations 8 (1):83-89.
    I examine Galen Strawson's recent work on mental action in his paper, 'Mental Ballistics or The Involuntariness of Spontaneity'. I argue that his account of mental action is too restrictive. I offer a means of testing tokens of mental activity types to determine if they are actional. The upshot is that a good deal more mental activity than Strawson admits is actional.
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  46. Alfred C. Ewing (1948). Mental Acts. Mind 57 (April):201-220.
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  47. Stephen J. Noren (1979). Anomalous Monism, Events, and 'the Mental'. Philosophy and Phenomenological Research 40 (September):64-74.
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  48.  85
    Gregory Boudreaux (1977). Freud on the Nature of Unconscious Mental Processes. Philosophy of the Social Sciences 7 (March):1-32.
  49.  57
    Richard I. Sikora (1975). Rorty's New Mark of the Mental. Analysis 35 (June):192-94.
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  50.  59
    Adrian C. Moulyn (1947). Mechanisms and Mental Phenomena. Philosophy of Science 14 (July):242-253.
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