Results for 'mental capacity'

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  1.  3
    Mental Capacity in Relationship: Decision-Making, Dialogue, and Autonomy.Camillia Kong - 2017 - Cambridge University Press.
    Recent legal developments challenge how valid the concept of mental capacity is in determining whether individuals with impairments can make decisions about their care and treatment. Kong defends a concept of mental capacity but argues that such assessments must consider how relationships and dialogue can enable or disable the decision-making abilities of these individuals. This is thoroughly investigated using an interdisciplinary approach that combines philosophy and legal analysis of the law in England and Wales, the European (...)
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  2. On Mental Capacity in Relation to Insanity, Crime and Modern Society.Christopher Smith - 1872
     
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  3. Editorial: Mental Capacity: In Search of Alternative Perspectives.Berghmans Ron, Dickenson Donna & Meulen Ruud Ter - 2004 - Health Care Analysis 12 (4):251-263.
    Editorial introduction to series of papers resulting from a European Commission Project on mental capacity.
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  4. Mental Capacity and Decisional Autonomy: An Interdisciplinary Challenge.Gareth S. Owen, Fabian Freyenhagen, Genevra Richardson & Matthew Hotopf - 2009 - Inquiry: An Interdisciplinary Journal of Philosophy 52 (1):79 – 107.
    With the waves of reform occurring in mental health legislation in England and other jurisdictions, mental capacity is set to become a key medico-legal concept. The concept is central to the law of informed consent and is closely aligned to the philosophical concept of autonomy. It is also closely related to mental disorder. This paper explores the interdisciplinary terrain where mental capacity is located. Our aim is to identify core dilemmas and to suggest pathways (...)
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  5. Mental Capacity and the Applied Phenomenology of Judgement.Wayne Martin & Ryan Hickerson - 2013 - Phenomenology and the Cognitive Sciences 12 (1):195-214.
    We undertake to bring a phenomenological perspective to bear on a challenge of contemporary law and clinical practice. In a wide variety of contexts, legal and medical professionals are called upon to assess the competence or capacity of an individual to exercise her own judgement in making a decision for herself. We focus on decisions regarding consent to or refusal of medical treatment and contrast a widely recognised clinical instrument, the MacCAT-T, with a more phenomenologically informed approach. While the (...)
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  6. Schizophrenia, Mental Capacity, and Rational Suicide.Jeanette Hewitt - 2010 - Theoretical Medicine and Bioethics 31 (1):63-77.
    A diagnosis of schizophrenia is often taken to denote a state of global irrationality within the psychiatric paradigm, wherein psychotic phenomena are seen to equate with a lack of mental capacity. However, the little research that has been undertaken on mental capacity in psychiatric patients shows that people with schizophrenia are more likely to experience isolated, rather than constitutive, irrationality and are therefore not necessarily globally incapacitated. Rational suicide has not been accepted as a valid choice (...)
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  7.  34
    The Mental Capacity Act 2005: A New Framework for Healthcare Decision Making.C. Johnston & J. Liddle - 2007 - Journal of Medical Ethics 33 (2):94-97.
    The Mental Capacity Act received Royal Assent on 7 April 2005, and it will be implemented in 2007. The Act defines when someone lacks capacity and it supports people with limited decision-making ability to make as many decisions as possible for themselves. The Act lays down rules for substitute decision making. Someone taking decisions on behalf of the person lacking capacity must act in the best interests of the person concerned and choose the options least restrictive (...)
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  8.  28
    The Mental Capacity Bill 2004: Human Rights Concerns.Jacqueline A. Laing - 2005 - Family Law Journal 35:137-143.
    The Mental Capacity Bill endangers the vulnerable by inviting human rights abuse. It is perhaps these grave deficiencies that prompted the warnings of the 23rd Report of the Joint Committee on Human Rights highlighting the failure of the legislation to supply adequate safeguards against Articles 2, 3 and 8 incompatibilities. Further, the fact that it is the mentally incapacitated as a class that are thought ripe for these and other kinds of intervention, highlights the Article 14 discrimination inherent (...)
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  9.  21
    Research Ethics Review: Social Care and Social Science Research and the Mental Capacity Act 2005.Jonathan Parker, Bridget Penhale & David Stanley - 2011 - Ethics and Social Welfare 5 (4):380-400.
    This paper considers concerns that social care research may be stifled by health-focused ethical scrutiny under the Mental Capacity Act 2005 and the requirement for an ?appropriate body? to determine ethical approval for research involving people who are deemed to lack capacity under the Act to make decisions concerning their participation and consent in research. The current study comprised an online survey of current practice in university research ethics committees (URECs), and explored through semi-structured interviews the views (...)
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  10.  18
    The Mental Capacity Act 2005.Julian Sheather - 2006 - Clinical Ethics 1 (1):33-36.
    The Mental Capacity Act, which received Royal Assent in April 2005, will come into force in April 2007. The Act puts into statute the legality of interventions in relation to adults who lack capacity to make decisions on their own behalf. The aim of this paper is to outline the main features of the legislation and its impact on those health care professionals who provide care and treatment for incapacitated adults. The paper sets out the underlying ethical (...)
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  11.  58
    Mental Capacity, Good Practice and the Cyclical Consent Process in Research Involving Vulnerable People.R. Norman, D. Sellman & C. Warner - 2006 - Clinical Ethics 1 (4):228-233.
    The Mental Capacity Act 2005 gives statutory force to the common law principle that all adults are assumed to have capacity to make decisions unless proven otherwise. In accord with best practice, this principle places the evidential burden on researchers rather than participants and requires researchers to take account of short-term and transient understandings common among some research populations. The aim of this paper is to explore some of the implications of the MCA 2005 for researchers working (...)
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  12. Assessment of Mental Capacity. A Practical Guide for Doctors and Lawyers.[author unknown] - unknown
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  13.  27
    Neurointerventions and the Law: Regulating Human Mental Capacity.Nicole A. Vincent, Thomas Nadelhoffer & Allan McCay (eds.) - 2020 - Oxford University Press, Usa.
    "The development of modern diagnostic neuroimaging techniques led to discoveries about the human brain and mind that helped give rise to the field of neurolaw. This new interdisciplinary field has led to novel directions in analytic jurisprudence and philosophy of law by providing an empirically-informed platform from which scholars have reassessed topics such as mental privacy and self-determination, responsibility and its relationship to mental disorders, and the proper aims of the criminal law. Similarly, the development of neurointervention techniques (...)
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  14.  27
    Mental Capacity Bill - A Threat to the Vulnerable.Jacqueline A. Laing - 2004 - New Law Journal 154:1165.
    Helga Kuhse suggested in 1985 at a session of the World Federation of Right to Die Societies in Nice, that once dehydration to death became legal and routine in hospitals, people would, on seeing the horror of it, seek the lethal injection. The strategy of legalising passive euthanasia is itself flawed. Laing argues that the Mental Capacity Bill threatens the vulnerable by inviting breaches of arts 2,3,5,8, and 14 of the European Convention on Human Rights. Most at risk (...)
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  15. Mental Capacity Act Application: Social Care Settings.Michael Dunn & Anthony Holland - 2019 - In Rebecca Jacob, Michael Gunn & Anthony Holland (eds.), Mental Capacity Legislation: Principles and Practice. pp. 82-90.
    -/- Following the Mental Capacity Act (MCA) becoming law in 2005, and prior to its coming into force in 2007, there was a sustained effort to train support staff in the many social care settings where this new law was applicable. This training drive was necessary because, prior to the MCA, mental capacity law had evolved in the courts through consideration of a small number of cases that concerned serious medical treatments. These included the withdrawal of (...)
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  16.  1
    Mental Capacity as Metaphor.Carl S. Bjerre - 2005 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 18 (2):101-140.
    Mental capacity is a foundational concept in contract law, but the term is metaphorical, and a detailed analysis of three representative judicial opinions shows that the explanations that courts give of the term are equally metaphorical. As such, the term illustrates well the cognitivist view that abstract concepts arise through an imaginative but orderly projection from the domain of bodily and social experience. Legal Realists such as Felix Cohen condemned metaphors for their supposed failure to constrain judges, but (...)
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  17.  15
    A Mental Capacity Act 2005 Questionnaire.Christine Rowley, Dexter Perry, Rebecca Brickwood & Nicola Mellor - 2013 - Clinical Ethics 8 (1):15-18.
    The hospital's clinical ethics committee sought to gauge health-care professionals’ level of knowledge and usage of the Mental Capacity Act 2005 within the hospital trust. The hospital's personnel were asked to complete a 10 part questionnaire relating to the basic contents of the Act. Four hundred questionnaires were distributed and 249 (62%) were returned completed and valid for analysis. A ‘pass-mark’ of 70% (7/10) was assumed; the results showed that 48% of respondents scored ≤50% (≤5/10), 74% of respondents (...)
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  18.  3
    Mental Capacity Assessments for COVID-19 Patients: Emergency Admissions and the CARD Approach.Cameron Stewart, Paul Biegler, Scott Brunero, Scott Lamont & George F. Tomossy - 2020 - Journal of Bioethical Inquiry 17 (4):803-808.
    The doctrine of consent is built upon presumptions of mental capacity. Those presumptions must be tested according to legal rules that may be difficult to apply to COVID-19 patients during emergency presentations. We examine the principles of mental capacity and make recommendations on how to assess the capacity of COVID-19 patients to consent to emergency medical treatment. We term this the CARD approach.
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  19.  4
    Mental Capacity Assessment: A Descriptive, Cross-Sectional Study of What Doctors Think, Know and Do.Dexter Penn, Anne Lanceley, Aviva Petrie & Jacqueline Nicholls - 2021 - Journal of Medical Ethics 47 (12):6-6.
    Background The Mental Capacity Act was enacted in 2007 in England and Wales, but the assessment of mental capacity still remains an area of professional concern. Doctors’ compliance with legal and professional standards is inconsistent, but the reasons for poor compliance are not well understood. This preliminary study investigates doctors’ experiences of and attitudes toward mental capacity assessment. Methods This is a descriptive, cross-sectional study where a two-domain, study-specific structured questionnaire was developed, piloted and (...)
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  20.  14
    Public Perceptions of Mental Capacities of Nonhuman Animals.Saara Kupsala, Markus Vinnari, Pekka Jokinen & Pekka Räsänen - 2016 - Society and Animals 24 (5):445-466.
    Mental capacities are an essential basis on which people give moral concern to nonhuman animals. Hence, it is important to investigate public perceptions of animal mind and the factors underlying these perceptions. Although research into citizen beliefs in animal mind has been increasing, population-based studies utilizing multivariate methods have been scarce. In this article, public perceptions of animal mind are investigated with a nationwide survey in Finland. Eight animal species positioned differently in cultural categorizations are included in the analysis. (...)
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  21.  23
    The Mental Capacity Act 2005 and Advance Decisions.Carolyn Johnston - 2007 - Clinical Ethics 2 (2):80-84.
    This article considers the provisions of the Mental Capacity Act 2005 in respect of advance decisions. It considers the new statutory regulation of advance directives (termed 'advance decisions' in the Act) and the formalities necessary to effect an advance decision purporting to refuse life-sustaining treatment. The validity and applicability of advance decisions is discussed with analogy to case law and the clinician's reasonable belief in following an advance decision is considered. The article assesses the new personal welfare Lasting (...)
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  22.  31
    Concepts of Mental Capacity for Patients Requesting Assisted Suicide: A Qualitative Analysis of Expert Evidence Presented to the Commission on Assisted Dying.Annabel Price, Ruaidhri McCormack, Theresa Wiseman & Matthew Hotopf - 2014 - BMC Medical Ethics 15 (1):32.
    In May 2013 a new Assisted Dying Bill was tabled in the House of Lords and is currently scheduled for a second reading in May 2014. The Bill was informed by the report of the Commission on Assisted Dying which itself was informed by evidence presented by invited experts.
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  23.  34
    Mental Capacities and Animal Ethics.Hans Johann Glock - unknown
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  24. An Audit of Mental Capacity Assessment on General Medical Wards.Isobel Sleeman & Kate Saunders - 2013 - Clinical Ethics 8 (2-3):47-51.
    The Mental Capacity Act (2005) was designed to protect and empower patients with impaired capacity. Despite an estimated 40% of medical inpatients lacking capacity, it is unclear how many patients undergo capacity assessments and treatment under the Act. We audited the number of capacity assessments on the general medical wards of an English-teaching hospital. A total of 95 sets of case notes were reviewed: the mean age was 78.6 years, 57 were female. The most (...)
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  25.  10
    Narrative Coherence and Mental Capacity in Anorexia Nervosa.Alex James Miller Tate - 2020 - American Journal of Bioethics Neuroscience 11 (1):26-28.
    Cases of severe and enduring Anorexia Nervosa (SEAN) rightly raise a great deal of concern around assessing capacity to refuse treatment (including artificial feeding). Commentators worry that the Court of Protection in England & Wales strays perilously close to a presumption of incapacity in such cases (Cave and Tan 2017, 16), with some especially bold (one might even say reckless) observers suggesting that the ordinary presumption in favor of capacity ought to be reversed in such cases (Ip 2019). (...)
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  26.  11
    Mental Capacity, Responsibility, and Mental Health Legislation.Carl Elliott & Charles Weijer - unknown
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  27.  14
    Uncertainties When Applying the Mental Capacity Act in Dementia Research: A Call for Researcher Experiences.James Rupert Fletcher, Kellyn Lee & Suzanne Snowden - 2019 - Ethics and Social Welfare 13 (2):183-197.
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  28.  4
    The Mental Capacity Act and Conceptions of the Good.Elizabeth Fistein - 2012 - In Lubomira Radoilska (ed.), Autonomy and Mental Disorder. Oxford University Press.
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  29. Conjoint Representations and the Mental Capacity for Multiple Simultaneous Perspectives.Rainer Mausfeld - 2003 - In Heiko Hecht, Robert Schwartz & Margaret Atherton (eds.), Looking Into Pictures. MIT Press. pp. 17--60.
  30.  38
    Personal Autonomy and Mental Capacity.Fabian Freyenhagen - 2009 - Psychiatry 8 (12):465-7.
    The Mental Capacity Act 2005 has put the assessment of mental capacity for decision-making at the forefront of psychiatric practice. This capacity is commonly linked within philosophy to autonomy, that is, to the idea, or ideal, of self-government. However, philosophers disagree deeply about what constitutes autonomy. This contribution brings out how the competing conceptions of autonomy would play out in psychiatric practice, taking anorexia nervosa as a test case. © 2009 Elsevier Ltd. All rights reserved.
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  31.  40
    Unreasonable Reasons: Normative Judgements in the Assessment of Mental Capacity.Natalie F. Banner - 2012 - Journal of Evaluation in Clinical Practice 18 (5):1038-1044.
  32.  14
    Research Ethics Review and Mental Capacity: Where Now After the Mental Capacity Act 2005?J. V. McHale - 2009 - Research Ethics 5 (2):65-70.
    The Mental Capacity Act 2005 placed for the first time research concerning adults lacking mental capacity upon a statutory footing. However, while the legislation which regulates the inclusion of such adults in ‘intrusive research’ safeguards researchers and research participants alike some controversy remains as to its implementation. This paper focuses upon two specific issues raised by the legislation. First, what constitutes ‘intrusive’ research and whether all issues concerning research involving adults lacking mental capacity should (...)
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  33.  24
    Beyond Materialism: Mental Capacity and Naturalism, a Consideration of Method.Jane Skinner - 2006 - Metaphilosophy 37 (1):74-91.
    This article challenges the neo-Darwinist physicalist position assumed by currently prevalent naturalizing accounts of consciousness. It suggests instead an evolutionary understanding of cognitive emergence and an acceptance of mental capacity as a phenomenon in its own right, differing qualitatively from, although not independent of, the physical and material world. I argue that if we accept that consciousness is an adaptation enabling survival through immediate individual intuition of the world, we may accept this metaphysics as a given. Methodological focus (...)
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  34.  13
    The UK Mental Capacity Act and Consent to Research Participation: Asking the Right Question.Paul Willner - 2018 - Journal of Medical Ethics 44 (1):44-46.
    This paper considers the meaning of the term ‘intrusive research’, as used in the UK Mental Capacity Act 2005, in relation to studies in which an informant is asked to provide information about or on behalf of a person who lacks capacity to consent, and who is not otherwise involved in the study. The MCA defines ‘intrusive research’ as research that would legally require consent if it involved people with capacity. The relevant ethical principles are that (...)
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  35.  5
    The UK Mental Capacity Act and consent to research participation: asking the right question.P. Willner - 2017 - Journal of Medical Ethics Recent Issues 44 (1):44-46.
    This paper considers the meaning of the term ‘intrusive research’, as used in the UK Mental Capacity Act 2005, in relation to studies in which an informant is asked to provide information about or on behalf of a person who lacks capacity to consent, and who is not otherwise involved in the study. The MCA defines ‘intrusive research’ as research that would legally require consent if it involved people with capacity. The relevant ethical principles are that (...)
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  36.  8
    Implementing the Mental Capacity Act and the Code of Practice – a Developing Scenario.T. Lucas - 2008 - Clinical Ethics 3 (2):63-68.
    This article sets out a scenario highlighting some of the issues to be faced by NHS hospitals when dealing with patients who may require treatment under the Mental Capacity Act 2005. The article sets out matters to consider when dealing with patients in A&E, assessments of best interests, emergency treatment, lasting powers of attorney and transferring patients to nursing homes. All of these matters come under the remit of the Act.
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  37.  29
    Psychiatric Euthanasia, Mental Capacity, and a Sense of the Possible.Matthew Ratcliffe - 2020 - Philosophy, Psychiatry, and Psychology 27 (3):1-15.
    At the time of writing, euthanasia for psychiatric conditions is legal in Belgium and the Netherlands, in cases that are judged to involve unbearable and untreatable suffering. There is a difference between ‘euthanasia’ and ‘assisted suicide’ or ‘assisted dying’. Although I will refer for the most part to ‘psychiatric euthanasia,’ my points apply equally to assisted dying. Even where these practices are legal, they are highly controversial. One case, in particular, received considerable media attention. In the Netherlands, on January 26, (...)
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  38.  12
    Achieving Crpd Compliance: Is the Mental Capacity Act of England and Wales Compatible with the Un Convention on the Rights of Persons with Disability? If Not, What Next?Wayne Martin, Sabine Michalowski, Timo Jütten & Matthew Burch - manuscript
    In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss (...)
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  39.  10
    Achieving Crpd Compliance: Is the Mental Capacity Act of England and Wales Compatible with the Un Convention on the Rights of Persons with Disability? If Not, What Next?Wayne Martin, Sabine Michalowski, Timo Jütten & Matthew Burch - manuscript
    In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss (...)
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  40.  58
    Clinical Ethics: Best Interests, Dementia and the Mental Capacity Act.T. Hope, A. Slowther & J. Eccles - 2009 - Journal of Medical Ethics 35 (12):733-738.
    The Mental Capacity Act is an impressive piece of legislation that deserves serious ethical attention, but much of the commentary on the Act has focussed on its legal and practical implications rather than the underlying ethical concepts. This paper examines the approach that the Act takes to best interests. The Act does not provide an account of the underlying concept of best interests. Instead it lists factors that must be considered in determining best interests, and the Code of (...)
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  41.  25
    Healthcare Professionals’ Understanding of the Legislation Governing Research Involving Adults Lacking Mental Capacity in England and Wales: A National Survey.Victoria Shepherd, Richard Griffith, Mark Sheehan, Fiona Wood & Kerenza Hood - 2018 - Journal of Medical Ethics 44 (9):632-637.
    ObjectiveTo examine health and social care professionals’ understanding of the legislation governing research involving adults lacking mental capacity in England and Wales.MethodsA cross-sectional online survey was conducted using a series of vignettes. Participants were asked to select the legally authorised decision-maker in each scenario and provide supporting reasons. Responses were compared with existing legal frameworks and analysed according to their level of concordance.ResultsOne hundred and twenty-seven professionals participated. Levels of discordance between responses and the legal frameworks were high (...)
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  42. Capacity and Consent in England and Wales: The Mental Capacity Act Under Scrutiny.Peter N. Herissone-Kelly - 2010 - Cambridge Quarterly of Healthcare Ethics 19 (3):344-352.
    The Mental Capacity Act 2005 came into force in England and Wales in 2007. Its primary purpose is to provide “a statutory framework to empower and protect people who may lack capacity to make some decisions for themselves.” Examples of such people are those with dementia, learning disabilities, mental health problems, and so on. The Act also gives those who currently have capacity a legal framework within which they can make arrangements for a time when (...)
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  43.  10
    Mayo's The Mental Capacity of the American Negro.W. E. B. DuBois - 1914 - Journal of Philosophy, Psychology and Scientific Methods 11 (20):557.
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  44.  67
    Achieving Crpd Compliance: Is the Mental Capacity Act of England and Wales Compatible with the Un Convention on the Rights of Persons with Disability? If Not, What Next?W. Martin, S. Michalowski, T. Juetten & M. Burch - 2014 - In Report for the Uk Ministry of Justice, Essex Autonomy Project, University of Essex.
    In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss (...)
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  45.  13
    Researching the Mental Capacity Act 2005: Reflections on Governance, Field Relationships, and Ethics with an Adult Who Did Not Consent.Godfred Boahen - 2015 - Ethics and Social Welfare 9 (4):375-389.
  46.  42
    The Paradox of the Assessment of Capacity Under the Mental Capacity Act 2005.Ajit Shah - 2011 - Philosophy, Psychiatry, and Psychology 18 (2):111-115.
    The mental capacity Act 2005 (MCA; Department of Constitutional Affairs 2005) was partially implemented on April 1, 2007, and fully implemented on October 1, 2007, in England and Wales. The MCA provides a statutory framework for people who lack decision-making capacity (DMC) or who have capacity and want to plan for the future when they may lack DMC. Health care and social care providers need to be familiar with the MCA and the associated legal structures and (...)
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  47.  39
    Paper: A Test for Mental Capacity to Request Assisted Suicide.Cameron Stewart, Carmelle Peisah & Brian Draper - 2011 - Journal of Medical Ethics 37 (1):34-39.
    The mental competence of people requesting aid-in-dying is a key issue for the how the law responds to cases of assisted suicide. A number of cases from around the common law world have highlighted the importance of competence in determining whether assistants should be prosecuted, and what they will be prosecuted for. Nevertheless, the law remains uncertain about how competence should be tested in these cases. This article proposes a test of competence that is based on the existing common (...)
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  48.  5
    Ayo's The Mental Capacity of the American Negro. [REVIEW]W. E. B. Dubois - 1914 - Journal of Philosophy 11 (20):557.
  49.  50
    Further Reflections: Surrogate Decisionmaking When Significant Mental Capacities Are Retained.Jennifer Hawkins - 2021 - Cambridge Quarterly of Healthcare Ethics 30 (1):192-198.
    Mackenzie Graham has made an important contribution to the literature on decisionmaking for patients with disorders of consciousness. He argues, and I agree, that decisions for unresponsive patients who are known to retain some degree of covert awareness ought to focus on current interests, since such patients likely retain the kinds of mental capacities that in ordinary life command our current respect and attention. If he is right, then it is not appropriate to make decisions for such patients by (...)
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  50.  1
    Cultural Conceptions of Mental Capacity.Sarah J. L. Edwards - 2017 - Research Ethics 13 (2):54-58.
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