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

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  1. 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.score: 540.0
    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 (...)
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  2. Carolyn Johnston (2007). The Mental Capacity Act 2005 and Advance Decisions. Clinical Ethics 2 (2):80-84.score: 540.0
    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 (...)
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  3. Ajit Shah (2011). The Paradox of the Assessment of Capacity Under the Mental Capacity Act 2005. Philosophy, Psychiatry, and Psychology 18 (2):111-115.score: 540.0
    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 (...)
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  4. T. Hope, A. Slowther & J. Eccles (2009). Best Interests, Dementia and the Mental Capacity Act (2005). Journal of Medical Ethics 35 (12):733-738.score: 540.0
    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 (...)
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  5. Julian Sheather (2006). The Mental Capacity Act 2005. Clinical Ethics 1 (1):33-36.score: 540.0
    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 (...)
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  6. 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.score: 540.0
    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 (...)
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  7. Christine Rowley, Dexter Perry, Rebecca Brickwood & Nicola Mellor (2013). A Mental Capacity Act 2005 Questionnaire. Clinical Ethics 8 (1):15-18.score: 540.0
    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 (...)
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  8. T. Lucas (2008). Implementing the Mental Capacity Act and the Code of Practice – a Developing Scenario. Clinical Ethics 3 (2):63-68.score: 540.0
    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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  9. Elizabeth Fistein (2012). The Mental Capacity Act and Conceptions of the Good. In Lubomira Radoilska (ed.), Autonomy and Mental Disorder. Oxford University Press.score: 459.0
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  10. 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.score: 450.0
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  11. Peter Herissone-Kelly (2010). Capacity and Consent in England and Wales: The Mental Capacity Act Under Scrutiny. Cambridge Quarterly of Healthcare Ethics 19 (03):344-352.score: 450.0
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  12. 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.score: 450.0
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  13. J. V. McHale (2009). Research Ethics Review and Mental Capacity: Where Now After the Mental Capacity Act 2005? Research Ethics 5 (2):65-70.score: 450.0
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  14. 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.score: 450.0
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  15. Sara Fovargue (2009). Deprivation of Liberty Under the Mental Capacity Act 2005. Clinical Ethics 4 (1):10-11.score: 450.0
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  16. Jacqueline A. Laing (2005). The Mental Capacity Bill 2004: Human Rights Concerns. Family Law Journal 35:137-143.score: 432.0
    The Mental Capacity Bill endangers the vulnerable by inviting human rights abuse. It is perhaps these grave deficiencies that prompted the warnings of the 23rd Report of the Joint Committee on Human Rights highlighting the failure of the legislation to supply adequate safeguards against Articles 2, 3 and 8 incompatibilities. Further, the fact that it is the mentally incapacitated as a class that are thought ripe for these and other kinds of intervention, highlights the Article 14 discrimination inherent (...)
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  17. 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.score: 432.0
    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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  18. Jules Holroyd (forthcoming). Clarifying Capacity: Reasons and Value. In Lubomira Radoilska (ed.), Autonomy and Mental Health. Oxford University Press.score: 324.0
    It is usually appropriate for adults to make significant decisions, such as about what kinds of medical treatment to undergo, for themselves. But sometimes impairments are suffered - either temporary or permanent - which render an individual unable to make such decisions. The Mental Capacity Act 2005 sets out the conditions under which it is appropriate to regard an individual as lacking the capacity to make a particular decision (and when provisions should be made for a decision (...)
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  19. R. Norman, D. Sellman & C. Warner (2006). Mental Capacity, Good Practice and the Cyclical Consent Process in Research Involving Vulnerable People. Clinical Ethics 1 (4):228-233.score: 300.0
    The Mental Capacity Act 2005 gives statutory force to the common law principle that all adults are assumed to have capacity to make decisions unless proven otherwise. In accord with best practice, this principle places the evidential burden on researchers rather than participants and requires researchers to take account of short-term and transient understandings common among some research populations. The aim of this paper is to explore some of the implications of the MCA 2005 for researchers working (...)
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  20. 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.score: 300.0
    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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  21. Isobel Sleeman & Kate Saunders (2013). An Audit of Mental Capacity Assessment on General Medical Wards. Clinical Ethics 8 (2-3):47-51.score: 300.0
    The Mental Capacity Act (2005) was designed to protect and empower patients with impaired capacity. Despite an estimated 40% of medical inpatients lacking capacity, it is unclear how many patients undergo capacity assessments and treatment under the Act. We audited the number of capacity assessments on the general medical wards of an English-teaching hospital. A total of 95 sets of case notes were reviewed: the mean age was 78.6 years, 57 were female. The most (...)
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  22. Jeanette Hewitt (2010). Schizophrenia, Mental Capacity, and Rational Suicide. Theoretical Medicine and Bioethics 31 (1):63-77.score: 276.3
    A diagnosis of schizophrenia is often taken to denote a state of global irrationality within the psychiatric paradigm, wherein psychotic phenomena are seen to equate with a lack of mental capacity. However, the little research that has been undertaken on mental capacity in psychiatric patients shows that people with schizophrenia are more likely to experience isolated, rather than constitutive, irrationality and are therefore not necessarily globally incapacitated. Rational suicide has not been accepted as a valid choice (...)
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  23. Tim Thornton (2011). Capacity, Mental Mechanisms, and Unwise Decisions. Philosophy, Psychiatry, and Psychology 18 (2):127-132.score: 270.0
    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 (...)
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  24. Joëlle Proust (2001). A Plea for Mental Acts. Synthese 129 (1):105-128.score: 243.0
    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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  25. Wayne Martin & Ryan Hickerson (2013). Mental Capacity and the Applied Phenomenology of Judgement. Phenomenology and the Cognitive Sciences 12 (1):195-214.score: 224.0
    We undertake to bring a phenomenological perspective to bear on a challenge of contemporary law and clinical practice. In a wide variety of contexts, legal and medical professionals are called upon to assess the competence or capacity of an individual to exercise her own judgement in making a decision for herself. We focus on decisions regarding consent to or refusal of medical treatment and contrast a widely recognised clinical instrument, the MacCAT-T, with a more phenomenologically informed approach. While the (...)
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  26. Lubomira Radoilska (2012). Personal Autonomy, Decisional Capacity, and Mental Disorder. In , Autonomy and Mental Disorder. Oxford University Press.score: 198.0
    In this Introduction, I situate the underlying project “Autonomy and Mental Disorder” with reference to current debates on autonomy in moral and political philosophy, and the philosophy of action. I then offer an overview of the individual contributions. More specifically, I begin by identifying three points of convergence in the debates at issue, stating that autonomy is: 1) a fundamentally liberal concept; 2) an agency concept and; 3) incompatible with (severe) mental disorder. Next, I explore, in the context (...)
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  27. Natalie F. Banner (2012). Unreasonable Reasons: Normative Judgements in the Assessment of Mental Capacity. Journal of Evaluation in Clinical Practice 18 (5):1038-1044.score: 196.0
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  28. Annabel Price, Ruaidhri McCormack, Theresa Wiseman & Matthew Hotopf (2014). Concepts of Mental Capacity for Patients Requesting Assisted Suicide: A Qualitative Analysis of Expert Evidence Presented to the Commission on Assisted Dying. BMC Medical Ethics 15 (1):32.score: 196.0
    In May 2013 a new Assisted Dying Bill was tabled in the House of Lords and is currently scheduled for a second reading in May 2014. The Bill was informed by the report of the Commission on Assisted Dying which itself was informed by evidence presented by invited experts.
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  29. Jacqueline A. Laing (2004). Mental Capacity Bill - A Threat to the Vulnerable. New Law Journal 154:1165.score: 180.0
    Helga Kuhse suggested in 1985 at a session of the World Federation of Right to Die Societies in Nice, that once dehydration to death became legal and routine in hospitals, people would, on seeing the horror of it, seek the lethal injection. The strategy of legalising passive euthanasia is itself flawed. Laing argues that the Mental Capacity Bill threatens the vulnerable by inviting breaches of arts 2,3,5,8, and 14 of the European Convention on Human Rights. Most at risk (...)
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  30. Muireann Quigley (2008). Best Interests, the Power of the Medical Profession, and the Power of the Judiciary. Health Care Analysis 16 (3):233-239.score: 180.0
    This paper is a response to a paper by John Coggon ‘Best Interests, Public Interest, and the Power of the Medical Profession'. It argues that certain legal judgements in relation to best interests seek to change and curtail the role of the medical profession in this arena while simultaneously extending the jurisdiction of the courts. It also argues that we must guard against replacing one professional standard, that of the medical profession, with another, that of the judiciary in this area.
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  31. Gareth S. Owen, Fabian Freyenhagen, Genevra Richardson & Matthew Hotopf (2009). Mental Capacity and Decisional Autonomy: An Interdisciplinary Challenge. Inquiry 52 (1):79 – 107.score: 168.0
    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 (...)
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  32. Jane Skinner (2006). Beyond Materialism: Mental Capacity and Naturalism, a Consideration of Method. Metaphilosophy 37 (1):74-91.score: 168.0
    This article challenges the neo-Darwinist physicalist position assumed by currently prevalent naturalizing accounts of consciousness. It suggests instead an evolutionary (Deweyan) understanding of cognitive emergence and an acceptance of mental capacity as a phenomenon in its own right, differing qualitatively from, although not independent of, the physical and material world. I argue that if we accept that consciousness is an adaptation enabling survival through immediate individual intuition of the world, we may accept this metaphysics as a given. Methodological (...)
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  33. 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-.score: 168.0
    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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  34. Stephen P. Garvey (forthcoming). Canadian Scholars on Criminal Responsibility. Criminal Law and Philosophy:1-14.score: 162.0
    This short review examines the work of four Canadian scholars addressing a variety of questions about criminal responsibility. The essays under review are a small part of a recent collection of essays entitled “Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law.”.
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  35. Herman Nys, Sander Welie, Tina Garanis-Papadatos & Dimitris Ploumpidis (2004). Patient Capacity in Mental Health Care: Legal Overview. [REVIEW] Health Care Analysis 12 (4):329-337.score: 156.0
    The discriminatory effects of categorizing psychiatric patients into competent and incompetent, have urged lawyers, philosophers and health care professionals to seek a functional approach to capacity assessment. Dutch and English law have produced some guidelines concerning this issue. So far, most legal systems under investigation have concentrated on alternatives for informed consent by the patient in case of mental incapacity, notably substitute decision-making, intervention of a judge and advance directives. It is hard to judge the way in which (...)
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  36. Phil Fennell (2008). Best Interests and Treatment for Mental Disorder. Health Care Analysis 16 (3):255-267.score: 153.0
    This paper considers the role of the concept of best interests in the treatment of mental disorder. It considers the Mental Capacity Act 2005 where treatment of an incapacitated person’s mental disorder is authorized if treatment is in the patient’s own best interests. It also examines the Mental Health Act 1983 as amended by the Mental Health Act 2007 where treatment without consent of a detained patient is allowed where necessary for the patient’s health (...)
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  37. Susanna Schellenberg (2010). Perceptual Experience and the Capacity to Act. In N. Gangopadhay, M. Madary & F. Spicer (eds.), Perception, Action, and Consciousness. Oxford University Press. 145.score: 148.0
    This paper develops and defends the capacity view, that is, the view that the ability to perceive the perspective-independent or intrinsic properties of objects depends on the perceiver’s capacity to act. More specifically, I argue that self-location and spatial know-how are jointly necessary to perceive the intrinsic spatial properties of objects. Representing one’s location allows one to abstract from one’s particular vantage point to perceive the perspective-independent properties of objects. Spatial know-how allows one to perceive objects as the (...)
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  38. Rainer Mausfeld (2010). Intrinsic Multiperspectivity: On the Architectural Foundations of a Distinctive Mental Capacity. In P. A. Frensch & R. Schwarzer (eds.), Cognition and Neuropsychology: International Perspectives on Psychological Science, Vol.1. Psychology Press.score: 146.0
    It is a characteristic feature of our mental make-up that the same perceptual input situation can simultaneously elicit conflicting mental perspectives. This ability pervades our perceptual and cognitive domains. Striking examples are the dual character of pictures in picture perception, pretend play, or the ability to employ metaphors and allegories. I will argue that traditional approaches, beyond being inadequate on principle grounds, are theoretically ill-equipped to deal with these achievements. I will then outline a theoretical perspective that has (...)
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  39. Christopher Ryan (2011). One Flu Over The Cuckoo's Nest: Comparing Legislated Coercive Treatment for Mental Illness with That for Other Illness. [REVIEW] Journal of Bioethical Inquiry 8 (1):87-93.score: 146.0
    Many of the world’s mental health acts, including all Australian legislation, allow for the coercive detention and treatment of people with mental illnesses if they are deemed likely to harm themselves or others. Numerous authors have argued that legislated powers to impose coercive treatment in psychiatric illness should pivot on the presence or absence of capacity not likely harm, but no Australian act uses this criterion. In this paper, I add a novel element to these arguments by (...)
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  40. Cameron Stewart, Carmelle Peisah & Brian Draper (2011). A Test for Mental Capacity to Request Assisted Suicide. Journal of Medical Ethics 37 (1):34-39.score: 146.0
    The mental competence of people requesting aid-in-dying is a key issue for the how the law responds to cases of assisted suicide. A number of cases from around the common law world have highlighted the importance of competence in determining whether assistants should be prosecuted, and what they will be prosecuted for. Nevertheless, the law remains uncertain about how competence should be tested in these cases. This article proposes a test of competence that is based on the existing common (...)
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  41. John R. Anderson, Christian Lebiere, Marsha Lovett & Lynne Reder (1998). ACT-R: A Higher-Level Account of Processing Capacity. Behavioral and Brain Sciences 21 (6):831-832.score: 144.0
    We present an account of processing capacity in the ACT-R theory. At the symbolic level, the number of chunks in the current goal provides a measure of relational complexity. At the subsymbolic level, limits on spreading activation, measured by the attentional parameter W, provide a theory of processing capacity, which has been applied to performance, learning, and individual differences data.
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  42. Rainer Mausfeld (2003). Conjoint Representations and the Mental Capacity for Multiple Simultaneous Perspectives. In Heiko Hecht, Robert Schwartz & Margaret Atherton (eds.), Looking Into Pictures. The Mit Press. 17--60.score: 140.0
  43. Malcolm Kinney (2009). Being Assessed Under the 1983 Mental Health Act—Can It Ever Be Ethical? Ethics and Social Welfare 3 (3):329-336.score: 140.0
  44. Ajit Shah (2011). The Pragmatic Aspects of Assessing Mental Capacity. Philosophy, Psychiatry, and Psychology 18 (2):133-134.score: 140.0
  45. David E. Guinn (2002). Mental Competence, Caregivers, and the Process of Consent: Research Involving Alzheimer's Patients or Others with Decreasing Mental Capacity. Cambridge Quarterly of Healthcare Ethics 11 (03):230-245.score: 140.0
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  46. Carl Elliott & Charles Weijer, Mental Capacity, Responsibility, and Mental Health Legislation.score: 140.0
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  47. Anna Hp Kirby (1915). Notes on the Present Working of the Mental Deficiency Act. The Eugenics Review 7 (2):133.score: 140.0
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  48. J. G. Cannon (1926). An Enquiry Into the Relative Values of the Inventive and Selective Forms of Group Tests of Mental Capacity. Australasian Journal of Philosophy 4 (2):141 – 149.score: 140.0
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  49. Edmund G. Howe (2006). Patients May Benefit From Postponing Assessment of Mental Capacity. Journal of Clinical Ethics 17 (2):99.score: 140.0
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  50. Jill Peay (1986). The Mental Health Act 1983 (England and Wales): Legal Safeguards in Limbo. Journal of Law, Medicine and Ethics 14 (3-4):180-189.score: 140.0
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