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  1. Principles of Biomedical Ethics.Ezekiel J. Emanuel, Tom L. Beauchamp & James F. Childress - 1995 - Hastings Center Report 25 (4):37.
    Book reviewed in this article: Principles of Biomedical Ethics. By Tom L. Beauchamp and James F. Childress.
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  • Mosaic Decisionmaking and Reemergent Agency after Severe Brain Injury.Joseph J. Fins - 2018 - Cambridge Quarterly of Healthcare Ethics 27 (1):163-174.
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  • Natural and Social Inequality.David Wasserman & Sean Aas - 2016 - Journal of Moral Philosophy 13 (5):576-601.
    This paper examines the moral import of a distinction between natural and social inequalities. Following Thomas Nagel, it argues for a “denatured” distinction that relies less on the biological vs. social causation of inequalities than on the idea that society is morally responsible for some inequalities but not others. It maintains that securing fair equality of opportunity by eliminating such social inequalities has particularly high priority in distributive justice. Departing from Nagel, it argues that society can be responsible for inequalities (...)
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  • Competence to make treatment decisions in anorexia nervosa: thinking processes and values.Jacinta Oa Tan, Tony Hope, Anne Stewart & Raymond Fitzpatrick - 2006 - Philosophy, Psychiatry, and Psychology: Ppp 13 (4):267.
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  • The Neuroscience of Decision Making and Our Standards for Assessing Competence to Consent.Steve Clarke - 2011 - Neuroethics 6 (1):189-196.
    Rapid advances in neuroscience may enable us to identify the neural correlates of ordinary decision making. Such knowledge opens up the possibility of acquiring highly accurate information about people’s competence to consent to medical procedures and to participate in medical research. Currently we are unable to determine competence to consent with accuracy and we make a number of unrealistic practical assumptions to deal with our ignorance. Here I argue that if we are able to detect competence to consent and if (...)
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  • (1 other version)Decision-making capacity.Louis C. Charland - 2011 - Stanford Encyclopedia of Philosophy.
    In many Western jurisdictions, the law presumes that adult persons, and sometimes children that meet certain criteria, are capable of making their own health care decisions; for example, consenting to a particular medical treatment, or consenting to participate in a research trial. But what exactly does it mean to say that a subject has or lacks the requisite capacity to decide? This last question has to do with what is commonly called “decisional capacity,” a central concept in health care law (...)
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  • A Principled Argument, But Not a Practical One.Andrew Peterson, Lorina Naci, Charles Weijer & Adrian M. Owen - 2013 - American Journal of Bioethics Neuroscience 4 (1):52-53.
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  • Fiduciary Obligation in Clinical Research.Paul B. Miller & Charles Weijer - 2006 - Journal of Law, Medicine and Ethics 34 (2):424-440.
    Bioethics is currently witnessing unprecedented debate over the moral and legal norms governing the conduct of clinical research. At the center of this debate is the duty of care in clinical research, and its most widely accepted specification, clinical equipoise. In recent work, we have argued that equipoise and cognate concepts central to the ethics of clinical research have been left unnecessarily vulnerable to criticism. We have suggested that the vulnerability lies in the conspicuous absence of an articulated foundation in (...)
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  • (1 other version)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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  • (1 other version)Mental Competence and Value: The Problem of Normativity in the Assessment of Decision-Making Capacity.Louis C. Charland - 2001 - Psychiatry, Psychology and Law 8 (2):135-145.
    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 (...)
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  • On risk and decisional capacity.David Checkland - 2001 - Journal of Medicine and Philosophy 26 (1):35 – 59.
    Limits to paternalism are, in the liberal democracies, partially defined by the concepts of decision-making capacity/incapacity (mental competence/incompetence). The paper is a response to Ian Wilkss (1997) recent attempt to defend the idea that the standards for decisional capacity ought to vary with the degree of risk incurred by certain choices. Wilkss defense is based on a direct appeal to the logical features of examples and analogies, thus attempting to by-pass earlier criticisms (e.g., Culver Gert, 1990) of risk-based standards. Wilkss (...)
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  • Understanding Autonomy in Light of Intellectual Disability.Leslie P. Francis - 2009 - In Kimberley Brownlee & Adam Cureton (eds.), Disability and Disadvantage. Oxford, GB: Oxford University Press.
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  • Assessing Decision-Making Capacity in the Behaviorally Nonresponsive Patient With Residual Covert Awareness.Andrew Peterson, Lorina Naci, Charles Weijer, Damian Cruse, Davinia Fernández-Espejo, Mackenzie Graham & Adrian M. Owen - 2013 - American Journal of Bioethics Neuroscience 4 (4):3-14.
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  • Minors' Assent, Consent, or Dissent to Medical Research.Sanford Leikin - 1993 - IRB: Ethics & Human Research 15 (2):1.
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  • A moral theory of informed consent.Benjamin Freedman - 1975 - Hastings Center Report 5 (4):32-39.
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  • Competence to Make Treatment Decisions in Anorexia Nervosa: Thinking Processes and Values.Jacinta Tan, Anne Stewart, Ray Fitzpatrick & R. A. Hope - 2006 - Philosophy, Psychiatry, and Psychology 13 (4):267-282.
    This paper explores the ethical and conceptual implications of the findings from an empirical study (reported elsewhere) of decision-making capacity in anorexia nervosa. In the study, ten female patients aged thirteen to twenty-one years with a diagnosis of anorexia nervosa, and eight sets of parents, took part in semistructured interviews. The purpose of the interviews was to identify aspects of thinking that might be relevant to the issue of competence to refuse treatment. All the patient-participants were also tested using the (...)
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  • (1 other version)Thinking about the good: Reconfiguring liberal metaphysics (or not) for people with cognitive disabilities.Anita Silvers & Leslie Pickering Francis - 2009 - Metaphilosophy 40 (3-4):475-498.
    Liberalism welcomes diversity in substantive ideas of the good but not in the process whereby these ideas are formed. Ideas of the good acquire weight on the presumption that each is a person's own, formed independently. But people differ in their capacities to conceptualize. Some, appropriately characterized as cerebral, are proficient in and profoundly involved with conceptualizing. Others, labeled cognitively disabled, range from individuals with mild limitations to those so unable to express themselves that we cannot be sure whether their (...)
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  • 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 for future interdisciplinary research. The terrain (...)
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  • Assessing Decision-Making Capacity in Patients with Communication Impairments.Molly Cairncross, Andrew Peterson, Andrea Lazosky, Teneille Gofton & Charles Weijer - 2016 - Cambridge Quarterly of Healthcare Ethics 25 (4):691-699.
    Abstract:The ethical principle of autonomy requires physicians to respect patient autonomy when present, and to protect the patient who lacks autonomy. Fulfilling this ethical obligation when a patient has a communication impairment presents considerable challenges. Standard methods for evaluating decision-making capacity require a semistructured interview. Some patients with communication impairments are unable to engage in a semistructured interview and are at risk of the wrongful loss of autonomy. In this article, we present a general strategy for assessing decision-making capacity in (...)
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