Abstract

This essay explores the plausibility of attempting to justify the imposition of risk on young children, in the course of therapeutic treatment or nontherapeutic research, by an appeal to proxy consent. In particular, Richard McCormick's reliance on this type of defense is examined and rejected, and an alternative basis for determining the justifiability of such treatment is partially sketched – one which avoids any attempt to ‘construct’ consent on the part of the child. CiteULike Connotea Del.icio.us What's this?