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Philip Bielby (2005). The Conflation of Competence and Capacity in English Medical Law: A Philosophical Critique. [REVIEW]

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  1.  12
    The Concept of 'Competence' in Medical Ethics.E. Baumgarten - 1980 - Journal of Medical Ethics 6 (4):180-184.
    Dr Baumgarten analyses three possible justifications for doctors to decide that a patient is 'incompetent' to make or participate in medical decisions affecting him, and points out the difficulties of each. He argues that the degree to which a patient relinquishes control over decision-making which affects him will vary in different circumstances and should be explicitly agreed in the initial doctor-patient contract, rather as it often is when a client employs a professional to invest money on his behalf.
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  2. Precautionary Duty as a Link to Moral Action.D. Beyleveld & S. Pattinson - 2000 - In James Torr (ed.), Medical Ethics. Greenhaven Press.
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  3.  2
    The Dialectical Necessity of Morality: An Analysis and Defense of Alan Gewirth's Argument to the Principle of Generic Consistency.Deryck Beyleveld - 1993 - Ethics 103 (3):579-581.
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  4. Philosophy in Medicine: Conceptual and Ethical Issues in Medicine and Psychiatry.C. M. Culver & B. Gert - 1984 - Mind 93 (372):624-627.
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  5.  30
    Autonomy and Dependence: Chronic Physical Illness and Decision-Making Capacity.Wim J. M. Dekkers - 2001 - Medicine, Health Care and Philosophy 4 (2):185-192.
    In this article some of the presuppositions that underly the current ideas about decision making capacity, autonomy and independence are critically examined. The focus is on chronic disorders, especially on chronic physical disorders. First, it is argued that the concepts of decision making competence and autonomy, as they are usually applied to the problem of legal (in)competence in the mentally ill, need to be modified and adapted to the situation of the chronically (physically) ill. Second, it is argued that autonomy (...)
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  6.  6
    The Many Faces of Competency.James F. Drane - 1985 - Hastings Center Report 15 (2):17-21.
  7.  4
    Deciding for Others: The Ethics of Surrogate Decision Making.Allan E. Buchanan & Dan W. Brock - 1992 - Philosophy and Phenomenological Research 52 (1):232-237.
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    Empirical Examination of the Ability of Children to Consent to Clinical Research.N. Ondrusek, R. Abramovitch, P. Pencharz & G. Koren - 1998 - Journal of Medical Ethics 24 (3):158-165.
    This study examined the quality of children's assent to a clinical trial. In subjects younger than 9 years of age, understanding of most aspects of the study was found to be poor to non-existent. Understanding of procedures was poor in almost all subjects. In addition, voluntariness may have been compromised in many subjects by their belief that failure to complete the study would displease others. If the fact that a child's assent has been obtained is used to justify the exposure (...)
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    Reason and Morality.Adina Schwartz & Alan Gewirth - 1979 - Philosophical Review 88 (4):654.
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  10.  31
    Patient Decision Making Competence: Outlines of a Conceptual Analysis. [REVIEW]Jos V. M. Welie & Sander P. K. Welie - 2001 - Medicine, Health Care and Philosophy 4 (2):127-138.
    In order to protect patients against medical paternalism, patients have been granted the right to respect of their autonomy. This right is operationalized first and foremost through the phenomenon of informed consent. If the patient withholds consent, medical treatment, including life-saving treatment, may not be provided. However, there is one proviso: The patient must be competent to realize his autonomy and reach a decision about his own care that reflects that autonomy. Since one of the most important patient rights hinges (...)
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    Asymmetrical Competence.Ian Wilks - 1999 - Bioethics 13 (2):154–159.
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    The Debate Over Risk-Related Standards of Competence.Ian Wilks - 1997 - Bioethics 11 (5):413-426.