Switch to: References

Add citations

You must login to add citations.
  1. Affect, Values and Problems Assessing Decision-Making Capacity.Jennifer Hawkins - forthcoming - American Journal of Bioethics:1-12.
    The dominant approach to assessing decision-making capacity in medicine focuses on determining the extent to which individuals possess certain core cognitive abilities. Critics have argued that this model delivers the wrong verdict in certain cases where patient values that are the product of mental disorder or disordered affective states undermine decision-making without undermining cognition. I argue for a re-conceptualization of what it is to possess the capacity to make medical treatment decisions. It is, I argue, the ability to track one’s (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  • Decision-making capacity.Louis Charland - 2011 - Stanford Encyclopedia of Philosophy.
    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 (...)
    Direct download  
     
    Export citation  
     
    Bookmark   30 citations  
  • Decision-Making Capacity.Jennifer Hawkins & Louis C. Charland - 2020 - Stanford Encyclopedia of Philosophy.
    Decision-Making Capacity First published Tue Jan 15, 2008; substantive revision Fri Aug 14, 2020 In many Western jurisdictions the law presumes that adult persons, and sometimes children that meet certain criteria, are capable of making their own medical 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 question has to do with what (...)
    Direct download  
     
    Export citation  
     
    Bookmark   5 citations  
  • Traumatic Brain Injury with Personality Change: a Challenge to Mental Capacity Law in England and Wales.Demian Whiting - 2020 - Psychological Injury and Law 13 (1):11-18.
    It is well documented that people with moderate-to-severe traumatic brain injury (TBI) can undergo personality changes, including becoming more impulsive in terms of how they behave. Legal guidance and academic commentary support the view that impulsiveness can render someone decisionally incompetent as defined by English and Welsh law. However, impulsiveness is a trait found within the healthy population. Arguably, impulsiveness is also a trait that gives rise to behaviours that should normally be tolerated even when they cause harm to the (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
    		•