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Capacity, Incapacity, and Old Age

Jonathan Herring

in Older People in Law and Society

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199229024
eISBN:
9780191705274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199229024.003.0003
Subject:
Law, Family Law

For many older people mental incapacity is not an issue, but old age can bring with it capacity issues. This chapter seeks to analyse the legal material defining capacity and treatment of those who ... More


The implications of the Mental Capacity Act (MCA) 2005 for Advance Care Planning and decision making

Simon Chapman and Andrew Makin

in Advance Care Planning in End of Life Care

Published in print:
2010
Published Online:
November 2011
ISBN:
9780199561636
eISBN:
9780191730542
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199561636.003.0008
Subject:
Palliative Care, Patient Care and End-of-Life Decision Making, Pain Management and Palliative Pharmacology

This chapter provides an overview of the MCA's impact on end of life care. It situates the MCA in the current context of policy and practice. It describes how the MCA can be used to improve care, ... More


Older People in Law and Society

Jonathan Herring

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199229024
eISBN:
9780191705274
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199229024.001.0001
Subject:
Law, Family Law

This book examines the legal rights and responsibilities of older people. Although the focus is particularly on the legal issues surrounding old age it draws extensively on the gerentological, ... More


Carers

Jonathan Herring

in Older People in Law and Society

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199229024
eISBN:
9780191705274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199229024.003.0004
Subject:
Law, Family Law

Older people can be involved in care work, either as the givers of care, or as the recipients of it. This chapter looks at the rights and responsibilities of those carers. It demonstrates the ways in ... More


Madness, Badness, and Neuroimaging-Based Responsibility Assessments

Nicole A Vincent

in Law and Neuroscience: Current Legal Issues Volume 13

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199599844
eISBN:
9780191725227
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599844.003.0006
Subject:
Law, Medical Law

This chapter poses the interesting question whether lacking the mental capacity for moral agency excuses or condemns further. Heidi Maibom, in a recent article, has argued for the latter, so that ... More


Inheritance

Jonathan Herring

in Older People in Law and Society

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199229024
eISBN:
9780191705274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199229024.003.0009
Subject:
Law, Family Law

The ability of people to dispose of their property on their death is an important issue for many older people. This chapter considers the legal issues surrounding wills. In particular, it looks at ... More


Personhood and Moral Rights

Mary Anne Warren

in Moral Status: Obligations to Persons and Other Living Things

Published in print:
2000
Published Online:
October 2011
ISBN:
9780198250401
eISBN:
9780191681295
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198250401.003.0004
Subject:
Philosophy, Moral Philosophy

This chapter examines two variants of the concept of a person, and considers the arguments for regarding personhood, in either of these two senses, as the sole criterion of moral status. The first, ... More


Translating Scientific Evidence into the Language of the “Folk”: Executive Function as Capacity-Responsibility

Katrina L. Sifferd

in Neuroscience and Legal Responsibility

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199925605
eISBN:
9780199332939
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199925605.003.0008
Subject:
Philosophy, Moral Philosophy

There are legitimate worries about gaps between scientific evidence of brain function and legal criteria for determining criminal culpability. Behavioral evidence (such as arranging a getaway car) ... More


What Neuroscience Can (and Cannot) Tell Us about Criminal Responsibility

Walter Glannon

in Brain, Body, and Mind: Neuroethics with a Human Face

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199734092
eISBN:
9780199894475
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199734092.003.0012
Subject:
Philosophy, Moral Philosophy

This chapter discusses how neuroscience, in the form of neuroimaging, can inform but not determine whether an individual has the requisite mental capacity to be responsible for criminal behavior. ... More


Irrationality, Mental Capacities, and Neuroscience 1

Jillian Craigie and Alicia Coram

in Neuroscience and Legal Responsibility

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199925605
eISBN:
9780199332939
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199925605.003.0004
Subject:
Philosophy, Moral Philosophy

The concept of mental capacity is of central importance in private law, where it is used to determine a person’s ability to consent to or refuse medical treatment. Questions about psychological ... More


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