Abstract
Psychiatrists are frequently called upon to make assessments of the rationality or irrationality of persons for a variety of medical-legal purposes. A key category is that of evaluations of a patient's capacity to grant informed consent for a medical procedure. A diagnosis of mental illness is neither a necessary nor a sufficient condition for a finding of incompetence. The notion of competency to grant consent, which is a mixed psychiatric-legal concept, shares some features with philosophical conceptions of rationality, but differs from them in a number of important respects. This article describes the actual practice of psychiatrists when making such judgments, along with the standards of competency they employ. A comparison is made between those notions of competency and predominant philosophical conceptions of rationality.
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References
Appelbaum, P. S. and Roth, L. B.: 1981, ‘Competency to Consent to Research: A Psychiatric Overview’, in N. Reatig (ed.),Competency and Informed Consent, U.S. Dept. of Health and Human Services, National Institute of Mental Health, Rockville, MD, 72–105.
Brock, Dan W.: forthcoming, ‘The Use of Drugs for Pleasure: Some Philosophical Issues’, in W. Gaylin, R. Macklin, and T. H. Murray (eds.),Feeling Good and Doing Better, Humana Press, Clifton, NJ.
Freedman, B.: 1981, ‘Competence, Marginal and Otherwise’,International Journal of Law and Psychiatry 4, 53–72.
Gewirth, A.: 1978,Reason and Morality, University of Chicago Press, Chicago.
Hempel, C. G.: 1968, ‘Rational Action’, in N. S. Care and C. Landesman (eds.),Readings in the Theory of Action, Indiana University Press, Bloomington, pp. 281–305.
Macklin, R.: forthcoming, ‘Problems of Informed Consent with the Cognitively Impaired’, in D. W. Pfaff (ed.),Medical Ethics in the Neural and Behavioral Sciences, Springer-Verlag, New York.
Rawls, J.: 1971,A Theory of Justice, Harvard University Press, Cambridge, MA.
Rennie v. Klein, 476 F. Supp. 1294 (D.N.J., 1979),modified and remanded, 653 F. 2d 836 (3d Cir. 1981); and 462 F. Supp. 1131 (D.N.J. 1978).
Rogers v. Okin, 478 F. Supp. 1342 (D. Mass. 1979),rev'd in part, 634 F. 2d 650 (1st Cir. 1980),vacated and remanded sub nom. Mills v. Rogers,___ U.S.___, 102 S. Ct. 2442 (1982).
Roth, L. B., Meisel, A., and Lidz, C. W.: 1977, ‘Tests of Competency to Consent to treatment’,American Journal of Psychiatry 134, 279–84.
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Macklin, R. Philosophical conceptions of rationality and psychiatric notions of competency. Synthese 57, 205–224 (1983). https://doi.org/10.1007/BF01064002
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DOI: https://doi.org/10.1007/BF01064002