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Full-Text Articles in Law
Defining Capacity: The Competing Interests Of Autonomy And Need, Nancy J. Knauer
Defining Capacity: The Competing Interests Of Autonomy And Need, Nancy J. Knauer
Nancy J. Knauer
This Essay addresses the question of capacity - the basic threshold determination that pervades all areas of the law. An individual must have the requisite level of capacity to consent to sex, refuse medical treatment, enter into a contract, marry, divorce, relinquish parental rights, execute a will, make a gift, donate organs, vote, serve on a jury, stand trial, and even to hire a lawyer. The standards regulating determinations of capacity are not monolithic. An individual may lack the capacity to contract, but may have the requisite capacity to write a will or to refuse life-sustaining medical treatment. As individuals, …
A Sanist Will?, Pamela R. Champine
Good Life In The Balance: A Cross-National Study Of Dutch And Australian Disability Perspectives On Euthanasia And Physician-Assisted Suicide, Erik A. Leipoldt
Good Life In The Balance: A Cross-National Study Of Dutch And Australian Disability Perspectives On Euthanasia And Physician-Assisted Suicide, Erik A. Leipoldt
Theses: Doctorates and Masters
This is a cross-national qualitative study with the purpose of obtaining perspectives held by people with quadriplegia and leading figures in disability movements in the Netherlands and Australia on the issues of euthanasia and physician-assisted suicide (EPAS). A disability voice is not prominent in public debate on EPAS in Australia or the Netherlands, even though people with disabilities are often thought to be vulnerable in relation to EPAS policies. Disability perspectives are potentially valuable in illuminating issues in relation to euthanasia and physician-assisted suicide, because issues of dependence, independence, and individual autonomy play important roles in relation to both EPAS …