'Radical Interpretation' and the Assessment of Decision‐Making Capacity

Journal of Applied Philosophy 30 (4):379-394 (2013)
Abstract
The assessment of patients' decision-making capacity (DMC) has become an important area of clinical practice, and since it provides the gateway for a consideration of non-consensual treatment, has major ethical implications. Tests of DMC such as under the Mental Capacity Act (2005) for England and Wales aim at supporting autonomy and reducing unwarranted paternalism by being ‘procedural’, focusing on how the person arrived at a treatment decision. In practice, it is difficult, especially in problematic or borderline cases, to avoid a consideration of beliefs and values; that is, of the substantive content of ideas rather than simple ‘cognitive’ or procedural abilities. However, little attention has been paid to how beliefs and values might be assessed in the clinical context and what kind of ‘objectivity’ is possible. We argue that key aspects of Donald Davidson's ideas of ‘Radical Interpretation’ and the ‘Principle of Charity’ provide useful guidance as to how clinicians might approach the question of whether an apparent disturbance in a person's thinking about beliefs or values undermines their DMC. A case example is provided, and a number of implications for clinical practice are discussed
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1111/japp.12035
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 35,941
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Add more citations

Similar books and articles

The Paradox of the Assessment of Capacity Under the Mental Capacity Act 2005.Ajit Shah - 2011 - Philosophy, Psychiatry, and Psychology 18 (2):111-115.
The Pragmatic Aspects of Assessing Mental Capacity.Ajit Shah - 2011 - Philosophy, Psychiatry, and Psychology 18 (2):133-134.
Decision-Making Capacity and the Deprivation of Liberty Safeguards.Peter Lucas - 2011 - Philosophy, Psychiatry, and Psychology 18 (2):117-122.
Mental Capacity and the Applied Phenomenology of Judgement.Wayne Martin & Ryan Hickerson - 2013 - Phenomenology and the Cognitive Sciences 12 (1):195-214.
Mental Competence or Best Interests?Ajit Shah - 2011 - Philosophy, Psychiatry, and Psychology 18 (2):151-152.
Clarifying Capacity: Reasons and Value.Jules Holroyd - forthcoming - In Lubomira Radoilska (ed.), Autonomy and Mental Health. Oxford University Press.
Faulty Judgment, Expert Opinion, and Decision-Making Capacity.Michel Silberfeld & David Checkland - 1999 - Theoretical Medicine and Bioethics 20 (4):377-393.
Capacity, Mental Mechanisms, and Unwise Decisions.Tim Thornton - 2011 - Philosophy, Psychiatry, and Psychology 18 (2):127-132.

Analytics

Added to PP index
2013-08-14

Total downloads
15 ( #395,500 of 2,293,872 )

Recent downloads (6 months)
1 ( #411,560 of 2,293,872 )

How can I increase my downloads?

Monthly downloads

My notes

Sign in to use this feature