"Idiots, infants, and the insane": mental illness and legal incompetence.

Abstract:

:Prior to the second world war, most persons confined in insane asylums were regarded as legally incompetent and had guardians appointed for them. Today, most persons confined in mental hospitals (or treated involuntarily, committed to outpatient treatment) are, in law, competent; nevertheless, in fact, they are treated as if they were incompetent. Should the goal of mental health policy be providing better psychiatric services to more and more people, or the reduction and ultimate elimination of the number of persons in the population treated as mentally ill?

journal_name

J Med Ethics

authors

Szasz T

doi

10.1136/jme.2004.008748

keywords:

subject

Has Abstract

pub_date

2005-02-01 00:00:00

pages

78-81

issue

2

eissn

0306-6800

issn

1473-4257

pii

31/2/78

journal_volume

31

pub_type

杂志文章,评审
  • Compensation and hazard pay for key workers during an epidemic: an argument from analogy.

    abstract::The COVID-19 pandemic has created unusually challenging and dangerous workplace conditions for key workers. This has prompted calls for key workers to receive a variety of special benefits over and above their normal pay. Here, we consider whether two such benefits are justified: a no-fault compensation scheme for har...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/medethics-2020-106389

    authors: McConnell D,Wilkinson D

    更新日期:2020-05-28 00:00:00

  • Advance directives are the solution to Dr Campbell's problem for voluntary euthanasia.

    abstract::Dr Neil Campbell suggests that when patients suffering extremes of protracted pain ask for help to end their lives, their requests should be discounted as made under compulsion. I contend that the doctors concerned should be referred to and then act upon advance directives made by those patients when of sound and calm...

    journal_title:Journal of medical ethics

    pub_type: 评论,杂志文章

    doi:10.1136/jme.25.3.245

    authors: Flew A

    更新日期:1999-06-01 00:00:00

  • Surgery to quieten the yelling of a demented old man.

    abstract::Robertson comments on a case presented by Gafner in the same issue of the Journal of Medical Ethics. A proposal to crush a laryngeal nerve to halt the incessant yelling of an elderly demented patient is disapproved by a medical center's surgery department for risk and ethical reasons. Robertson, an anesthesiologist,...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.13.4.198

    authors: Robertson GS

    更新日期:1987-12-01 00:00:00

  • Evaluation of end of life care in cancer patients at a teaching hospital in Japan.

    abstract:OBJECTIVES:To analyse the decision making for end of life care for patients with cancer at a teaching hospital in Japan at two periods 10 years apart. DESIGN AND SETTING:Retrospective study conducted in a 550 bed community teaching hospital in Okinawa, Japan. PATIENTS:There were 124 terminally ill cancer patients (45...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.2003.000125

    authors: Tokuda Y,Nakazato N,Tamaki K

    更新日期:2004-06-01 00:00:00

  • A quiet revolution in organ transplant ethics.

    abstract::A quiet revolution is occurring in the field of transplantation. Traditionally, transplants have involved solid organs such as the kidney, heart and liver which are transplanted to prevent recipients from dying. Now transplants are being done of the face, hand, uterus, penis and larynx that aim at improving a recipien...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/medethics-2015-103348

    authors: Caplan A,Purves D

    更新日期:2017-11-01 00:00:00

  • Does it matter that organ donors are not dead? Ethical and policy implications.

    abstract::The "standard position" on organ donation is that the donor must be dead in order for vital organs to be removed, a position with which we agree. Recently, Robert Truog and Walter Robinson have argued that (1) brain death is not death, and (2) even though "brain dead" patients are not dead, it is morally acceptable to...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章,评审

    doi:10.1136/jme.2004.010298

    authors: Potts M,Evans DW

    更新日期:2005-07-01 00:00:00

  • Public healthcare resource allocation and the Rule of Rescue.

    abstract::In healthcare, a tension sometimes arises between the injunction to do as much good as possible with scarce resources and the injunction to rescue identifiable individuals in immediate peril, regardless of cost (the "Rule of Rescue"). This tension can generate serious ethical and political difficulties for public poli...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章,评审

    doi:10.1136/jme.2007.021790

    authors: Cookson R,McCabe C,Tsuchiya A

    更新日期:2008-07-01 00:00:00

  • Jehovah's Witnesses' refusal of blood: obedience to scripture and religious conscience.

    abstract::Jehovah's Witnesses are students of the Bible. They refuse transfusions out of obedience to the scriptural directive to abstain and keep from blood. Dr Muramoto disagrees with the Witnesses' religious beliefs in this regard. Despite this basic disagreement over the meaning of Biblical texts, Muramoto flouts the religi...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.25.6.469

    authors: Ridley DT

    更新日期:1999-12-01 00:00:00

  • Should we genetically test everyone for haemochromatosis?

    abstract::The increasing availability of DNA-based diagnostic tests has raised issues about whether these should be applied to the population at large in order to identify, treat or prevent a range of diseases. DNA tests raise concerns in the community for several reasons. There is the possibility of stigmatisation and discrimi...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.25.2.209

    authors: Allen K,Williamson R

    更新日期:1999-04-01 00:00:00

  • From proband to provider: is there an obligation to inform genetic relatives of actionable risks discovered through direct-to-consumer genetic testing?

    abstract::Direct-to-consumer genetic testing is a growing phenomenon, fuelled by the notion that knowledge equals control. One ethical question that arises concerns the proband's duty to share information indicating genetic risks in their relatives. However, such duties are unenforceable and may result in the realisation of ant...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/medethics-2020-106966

    authors: Parsons JA,Baker PE

    更新日期:2020-12-09 00:00:00

  • Potential research participants' views regarding researcher and institutional financial conflicts of interest.

    abstract:BACKGROUND:Financial conflict of interest in clinical research is an area of active debate. While data exist on the perspectives and roles of academic institutions, investigators, industry sponsors, and scientific journals, little is known about the perspectives of potential research participants. METHODS:The authors ...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.2002.001461

    authors: Kim SY,Millard RW,Nisbet P,Cox C,Caine ED

    更新日期:2004-02-01 00:00:00

  • Taboos and clinical research in West Africa.

    abstract::Moral principles or the rules of conduct are based in the society. If the purpose of ethics in research is to take into consideration the needs and the rights of the experimental subject, his social milieu must then largely determine the ethical considerations of a projected study. The inability to comprehend such rig...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.6.2.61

    authors: Ajayi OO

    更新日期:1980-06-01 00:00:00

  • Spontaneous abortion and unexpected death: a critical discussion of Marquis on abortion.

    abstract::In his classic paper, 'Why abortion is immoral', Don Marquis argues that what makes killing an adult seriously immoral is that it deprives the victim of the valuable future he/she would have otherwise had. Moreover, Marquis contends, because abortion deprives a fetus of the very same thing, aborting a fetus is just as...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/medethics-2012-100604

    authors: Coleman MC

    更新日期:2013-02-01 00:00:00

  • Genetic privacy: orthodoxy or oxymoron?

    abstract::In this paper we question whether the concept of "genetic privacy" is a contradiction in terms. And, if so, whether the implications of such a conclusion, inevitably impact on how society comes to perceive privacy and responsibility generally. Current law and ethical discourse place a high value on self-determination ...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.25.2.144

    authors: Sommerville A,English V

    更新日期:1999-04-01 00:00:00

  • Medical ethics needs a third dimension.

    abstract::McCarthy, former chairman of a National Health Service area health authority, responds to an article by T.A.H. English, "What price excellence?," in the same issue of the Journal of Medical Ethics. Unlike English, she believes that Great Britain's present system for resource allocation has not achieved an equitable d...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.8.3.147

    authors: McCarthy L

    更新日期:1982-09-01 00:00:00

  • Stem cells, embryos, and the environment: a context for both science and ethics.

    abstract::Debate on the potential and uses of human stem cells tends to be conducted by two constituencies-ethicists and scientists. On many occasions there is little communication between the two, with the result that ethical debate is not informed as well as it might be by scientific insights. The aim of this paper is to high...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.2003.002386

    authors: Towns CR,Jones DG

    更新日期:2004-08-01 00:00:00

  • Functional neuroimaging and withdrawal of life-sustaining treatment from vegetative patients.

    abstract::Recent studies using functional magnetic resonance imaging of patients in a vegetative state have raised the possibility that such patients retain some degree of consciousness. In this paper, the ethical implications of such findings are outlined, in particular in relation to decisions about withdrawing life-sustainin...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.2008.029165

    authors: Wilkinson DJ,Kahane G,Horne M,Savulescu J

    更新日期:2009-08-01 00:00:00

  • Medical professionalism in the age of online social networking.

    abstract::The rapid emergence and exploding usage of online social networking forums, which are frequented by millions, present clinicians with new ethical and professional challenges. Particularly among a younger generation of physicians and patients, the use of online social networking forums has become widespread. In this ar...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.2009.029231

    authors: Guseh JS 2nd,Brendel RW,Brendel DH

    更新日期:2009-09-01 00:00:00

  • Procedural safeguards cannot disentangle MAiD from organ donation decisions.

    abstract::In the past, a vast majority of medical assistance in dying (MAiD) patients were elderly patients with cancer who are not suitable for organ donation, making organ donation from such patients a rare event. However, more expansive criteria for MAiD combined with an increased participation of MAiD patients in organ dona...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/medethics-2020-106456

    authors: Buturovic Z

    更新日期:2020-12-10 00:00:00

  • Why patients should keep their own records.

    abstract::Too many people now have access to confidential medical information. Patients are becoming justifiably wary and the doctor-patient relationship is deteriorating. We can avert the developing crisis by allowing patients to keep their own medical records at home. This will ensure that confidentiality is respected and tha...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.10.1.27

    authors: Coleman V

    更新日期:1984-03-01 00:00:00

  • Voices of moral authority: parents, doctors and what will actually help.

    abstract::The public often believes that parents have a right to make medical decisions about their child. The idea that, in respect of children, doctors should do what parents tell them to do is problematic on the face of it. The effect of such a claim would be that a doctor who acted deliberately to harm a child would be maki...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章,评审

    doi:10.1136/medethics-2017-104705

    authors: Hain RDW

    更新日期:2018-07-01 00:00:00

  • The case for a duty to research: not yet proven.

    abstract::In this commentary on 'Why participating in (certain) scientific research is a moral duty', I take issue with a number of Stjernschantz Forsberg et al's claims. Though abiding by the terms of a contract might be obligatory, this won't show that those terms themselves indicate a duty--even allowing that there's a contr...

    journal_title:Journal of medical ethics

    pub_type: 评论,杂志文章

    doi:10.1136/medethics-2013-101370

    authors: Brassington I

    更新日期:2014-05-01 00:00:00

  • Empirical research in bioethical journals. A quantitative analysis.

    abstract:OBJECTIVES:The objective of this research is to analyse the evolution and nature of published empirical research in the fields of medical ethics and bioethics. DESIGN:Retrospective quantitative study of nine peer reviewed journals in the field of bioethics and medical ethics (Bioethics, Cambridge Quarterly of Healthca...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.2004.011478

    authors: Borry P,Schotsmans P,Dierickx K

    更新日期:2006-04-01 00:00:00

  • Good medical ethics.

    abstract::This paper summarises the features of my paper, 'Voluntary Active Euthanasia', and a later jointly authored paper, 'Moral Fictions', which I believe are examples of good medical ethics. ...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/medethics-2014-102293

    authors: Brock DW

    更新日期:2015-01-01 00:00:00

  • The case of biobank with the law: between a legal and scientific fiction.

    abstract::According to estimates more than 400 biobanks currently operate across Europe. The term 'biobank' indicates a specific field of genetic study that has quietly developed without any significant critical reflection across European societies. Although scientists now routinely use this phrase, the wider public is still co...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.2010.041632

    authors: Sándor J,Bárd P,Tamburrini C,Tännsjö T

    更新日期:2012-06-01 00:00:00

  • The impact of physician denial upon patient autonomy and well-being.

    abstract::It is now widely accepted that a patient's ability to engage in autonomous decision-making can be seriously threatened when she denies significant aspects of her medical condition. In this paper I use a true case to reveal the harmful effects of physician denial upon patient autonomy and well-being. I suggest further ...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.18.3.135

    authors: Meyers C

    更新日期:1992-09-01 00:00:00

  • Unfinished feticide.

    abstract::A fetus may survive an intentional interference with its intrauterine environment (1) if gestational age is mistaken and the procedure of induced abortion does not kill the fetus, (2) if a change of heart takes place after abortifacient drugs are taken and the abortion does not proceed, and (3) if a high-multiple preg...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章,评审

    doi:10.1136/jme.16.2.61

    authors: Jansen RP

    更新日期:1990-06-01 00:00:00

  • Weakening the ethical distinction between euthanasia, palliative opioid use and palliative sedation.

    abstract::Opioid and sedative use are common 'active' practices in the provision of mainstream palliative care services, and are typically distinguished from euthanasia on the basis that they do not shorten survival time. Even supposing that they did, it is often argued that they are justified and distinguished from euthanasia ...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/medethics-2018-105074

    authors: Riisfeldt TD

    更新日期:2019-02-01 00:00:00

  • Ethical reasoning in mixed nurse-physician groups.

    abstract:OBJECTIVES:To study the ethical reasoning of nurses and physicians, and to assess whether or not modified focus groups are a valuable tool for this purpose. DESIGN:Discussion of cases in modified focus groups, each consisting of three physicians and three nurses. The discussion was taped and analysed by content analys...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.22.3.168

    authors: Holm S,Gjersøe P,Grode G,Hartling O,Ibsen KE,Marcussen H

    更新日期:1996-06-01 00:00:00

  • Multidisciplinary teaching in a formal medical ethics course for clinical students.

    abstract::A successful feature of the 4th-year curriculum in the Medical Faculty of the Queen's University, Belfast has been the development of interdisciplinary teaching in a three-week joint course to which several clinical departments contribute...Co-ordinated teaching of topics of common interest in small groups included, u...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:

    authors: Irwin WG,McClelland RJ,Stout RW,Stchedroff M

    更新日期:1988-09-01 00:00:00