Mental Competence and Value: The Problem of Normativity in the Assessment of Decision-Making Capacity

Psychiatry, Psychology and Law 8 (2):135-145 (2001)
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Abstract

Mental competence, or decision‐making capacity, is an important concept in law, psychiatry, and bioethics. A major problem faced in the development and implementation of standards for assessing mental competence is the issue of objectivity. The problem is that objective standards are hard to formulate and apply. The aim here is to review the limited philosophical literature on the place of value in competence in an attempt to introduce the issues to a wider audience. The thesis that the assessment of competence must incorporate elements of value and rationality is defended, and some tentative suggestions offered about how this might be achieved in a clinical setting.

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Louis C. Charland
PhD: University of Western Ontario

Citations of this work

Unreasonable reasons: normative judgements in the assessment of mental capacity.Natalie F. Banner - 2012 - Journal of Evaluation in Clinical Practice 18 (5):1038-1044.
Decision-Making Capacity.Jennifer Hawkins & Louis C. Charland - 2020 - Stanford Encyclopedia of Philosophy.
The values and rules of capacity assessments.Binesh Hass - 2022 - Journal of Medical Ethics 48 (11):816-820.

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