2005
DOI: 10.7551/mitpress/4389.001.0001
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Making Medical Decisions for the Profoundly Mentally Disabled

Abstract: A legal and moral analysis of medical decision making on behalf of those with such severe cognitive impairments that they cannot exercise self-determination. In this book, Norman Cantor analyzes the legal and moral status of people with profound mental disabilities—those with extreme cognitive impairments that prevent their exercise of medical self-determination. He proposes a legal and moral framework for surrogate medical decision making on their behalf. The issues Cantor explores will be of i… Show more

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Cited by 18 publications
(30 citation statements)
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“…However, the elaborative and enumerative strategies are nevertheless two distinct approaches which have been taken while clarifying the best interests standard. iii Specifically, their main difference lies in how they address the ‘inescapable perplexity, ambiguity, ignorance, uncertainty, and conflict’8 in weighing factors as varied as ‘physical and mental suffering, chances of recovery, the nature of the patients’ interactions with his or her environment, the potential for a regaining of function, and indignity’ (at 104) 9. As will become clearer later, this distinction is important once we consider the question of which strategy the state may viably adopt.…”
Section: Two Clarificatory Strategiesmentioning
confidence: 99%
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“…However, the elaborative and enumerative strategies are nevertheless two distinct approaches which have been taken while clarifying the best interests standard. iii Specifically, their main difference lies in how they address the ‘inescapable perplexity, ambiguity, ignorance, uncertainty, and conflict’8 in weighing factors as varied as ‘physical and mental suffering, chances of recovery, the nature of the patients’ interactions with his or her environment, the potential for a regaining of function, and indignity’ (at 104) 9. As will become clearer later, this distinction is important once we consider the question of which strategy the state may viably adopt.…”
Section: Two Clarificatory Strategiesmentioning
confidence: 99%
“…From his analyses of the values embedded (implicitly or explicitly) in the public sphere—including constitutional jurisprudence (at 118–119),9 and majority opinion (at 121–125)9—Cantor proposes that the idea of intrinsic human dignity should feature as the crucial consideration in best interests decisions. Intrinsic human dignity refers to the ‘basic respect to which every human being is entitled, regardless of cognitive capacity’, and serves as an ‘ultimate constraint’ on the ways we can treat each other.…”
Section: Two Clarificatory Strategiesmentioning
confidence: 99%
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