Stanford Encyclopedia of Philosophy (2011)

Authors
Louis C. Charland
University of Western Ontario
Abstract
In many Western jurisdictions, the law presumes that adult persons, and sometimes children that meet certain criteria, are capable of making their own health care decisions; for example, consenting to a particular medical treatment, or consenting to participate in a research trial. But what exactly does it mean to say that a subject has or lacks the requisite capacity to decide? This last question has to do with what is commonly called “decisional capacity,” a central concept in health care law and ethics, and increasingly an independent topic of philosophical inquiry.
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Citations of this work BETA

From Libertarian Paternalism to Nudging—and Beyond.Adrien Barton & Till Grüne-Yanoff - 2015 - Review of Philosophy and Psychology 6 (3):341-359.
Unreasonable Reasons: Normative Judgements in the Assessment of Mental Capacity.Natalie F. Banner - 2012 - Journal of Evaluation in Clinical Practice 18 (5):1038-1044.
Do We Need a Threshold Conception of Competence?Govert den Hartogh - 2016 - Medicine, Health Care and Philosophy 19 (1):71-83.
Decision-Making Capacity.Jennifer Hawkins & Louis C. Charland - 2020 - Stanford Encyclopedia of Philosophy.

View all 18 citations / Add more citations

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