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  1. Treating Adolescents Differently.Anthony Skelton, Isra Black & Lisa Forsberg - manuscript
    In ‘Treating Adolescents Differently’, Skelton, Black, and Forsberg develop their wellbeing-based justification of the asymmetrical treatment of adolescent consent and refusal in the context of health care to justify the differential and paternalistic treatment of adolescents more generally. The core of the Skelton, Black, and Forsberg’s view is a variabilist theory of what is fundamentally and non-instrumentally prudentially good for adolescents, which includes the prudential value of what they call shielding—or the value of being insulated from full responsibility for their (...)
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  • Transformative Choice and Decision-Making Capacity.Isra Black, Lisa Forsberg & Anthony Skelton - 2023 - Law Quarterly Review 139 (4):654-680.
    This article is about the information relevant to decision-making capacity in refusal of life-prolonging medical treatment cases. We examine the degree to which the phenomenology of the options available to the agent—what the relevant states of affairs will feel like for them—forms part of the capacity-relevant information in the law of England and Wales, and how this informational basis varies across adolescent and adult medical treatment cases. We identify an important doctrinal phenomenon. In the leading authorities, the courts appear to (...)
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