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Decision-Making Capacity

Stanford Encyclopedia of Philosophy (2020)

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  1. Decision-Making Capacity to Consent to Medical Assistance in Dying for Persons with Mental Disorders.Louis C. Charland, Trudo Lemmens & Kyoko Wada - 2016 - Journal of Ethics in Mental Health:1-14.
    Following a Canadian Supreme Court ruling invalidating an absolute prohibition on physician assisted dying, two reports and several commentators have recommended that the Canadian criminal law allow medical assistance in dying (MAID) for persons with a diagnosis of mental disorder. A key element in this process is that the person requesting MAID be deemed to have the ‘mental capacity’ or ‘mental competence’ to consent to that option. In this context, mental capacity and mental competence refer to ‘decision-making capacity’, which is (...)
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  • Anorexia Nervosa and the Language of Authenticity.Tony Hope, Jacinta Tan, Anne Stewart & Ray Fitzpatrick - 2011 - Hastings Center Report 41 (6):19-29.
    It feels like there’s two of you inside—like there’s another half of you, which is my anorexia, and then there’s the real K [own name], the real me, the logic part of me, and it’s a constant battle between the two. The anorexia almost does become part of you, and so in order to get it out of you I think you do have to kind of hurt you in the process. I think it’s almost inevitable. We came to the (...)
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  • Anorexia and the MacCAT-T Test for Mental Competence: Validity, Value, and Emotion.Louis C. Charland - 2007 - Philosophy, Psychiatry, & Psychology 13 (4):283-287.
    How does one scientifically verify a psychometric instrument designed to assess the mental competence of medical patients who are asked to consent to medical treatment? Aside from satisfying technical requirements like statistical reliability, results yielded by such a test must conform to at least some accepted pretheoretical desiderata; for example, determinations of competence, as measured by the test, must capture a minimal core of accepted basic intuitions about what competence means and what a theory of competence is supposed to do. (...)
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  • The Varieties of Compulsion in Addiction.Louis C. Charland - 2012 - American Journal of Bioethics 2 (2):50-51.
    The target of Hanna Pickard's very erudite and thought-provoking article is compulsion. She argues that “addiction is not a form of compulsion” and that “addictive desires are not irresistible” (Pickard 2012, 40). However, I fear that compulsion as she presents it is ultimately a metaphysical straw figure, trapped in a false metaphysical dichotomy. What is lacking is a proper attention to specific individual clinical cases, examined over time. At the same time, Pickard's discussion is extremely important because of the manner (...)
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  • Mental Competence and Value: The Problem of Normativity in the Assessment of Decision-Making Capacity.Louis C. Charland - 2004 - In Françoise Baylis, Jocelyn Downie, Barry Hoffmaster & Susan Sherwin (eds.), Health Care Ethics in Canada. Harcourt Brace. pp. 267-278.
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  • By What Authority? Conflicts of Interest in Professional Ethics.Louis Charland - 2008 - Journal of Ethics in Mental Health 3 (2):1-3.
    Paradoxically, the profession whose primary mandate is to instruct and comment on matters of ethics spends inordinately little time reflecting on its own ethical practices. Consider the fact that while professional ethicists of all stripes crusade to expose and denounce conflicts of interests in all other branches of the health care system, they typically fail to pay much attention to their own potential ‘ethical’ conflicts of interest. Admittedly, there have been some efforts to address the problem. However, despite laudable intentions, (...)
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  • The Cognitive Based Approach of Capacity Assessment in Psychiatry: A Philosophical Critique of the MacCAT-T. [REVIEW]Torsten Marcus Breden & Jochen Vollmann - 2004 - Health Care Analysis 12 (4):273-283.
    This article gives a brief introduction to the MacArthur Competence Assessment Tool-Treatment (MacCAT-T) and critically examines its theoretical presuppositions. On the basis of empirical, methodological and ethical critique it is emphasised that the cognitive bias that underlies the MacCAT-T assessment needs to be modified. On the one hand it has to be admitted that the operationalisation of competence in terms of value-free categories, e.g. rational decision abilities, guarantees objectivity to a great extent; but on the other hand it bears severe (...)
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  • The Place of Emotions in Capacity Assessments.Ron Berghmans, Dorothee Horstkötter & Guido de Wert - 2011 - American Journal of Bioethics Neuroscience 2 (3):66-68.
    Mackenzie and Watts (2011) discuss the role of emotions in decision-making capacity (DMC) for medical treatment decisions. They are concerned that “the rights of the neurodiverse are at risk as the...
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  • VI*—Freedom, Autonomy and the Concept of a Person.S. I. Benn - 1976 - Proceedings of the Aristotelian Society 76 (1):109-130.
    S. I. Benn; VI*—Freedom, Autonomy and the Concept of a Person, Proceedings of the Aristotelian Society, Volume 76, Issue 1, 1 June 1976, Pages 109–130, https://.
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