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Applied Ethics Forum: Daniel Fogal
November 18, 2020 @ 12:30 pm - 2:00 pm
Daniel Fogal (New York University)
‘Rationality and competency to consent’
Wednesday 18 November 2020 • 12:30pm–2:00pm • online
Abstract: It’s widely accepted that in order for a patient’s consent to be ethically and legally valid, they need to have the ability or capacity to make the relevant decision—that is, they need to be “competent” to make their own medical decision. Although this decision-making capacity amounts to, and what it requires, is subject to dispute, it is generally thought to divide into at least four sub-capacities: (1) understanding of the basic facts involved in their decision, (2) appreciation of the nature and significance of the decision, (3) ability to reason and rationally process information, and (4) ability to make and express their choice. Although there’s uncertainty concerning the details of all four conditions, the third condition concerning rationality is almost always left vague and indeterminate, and remains under-theorized. I show how recent work on distinction between substantive rationality (be reasonable!) and structural rationality (be coherent!) helps reveal the inadequacy of current accounts of decision-making capacity and enables us to chart a clearer, more systematic way forward.
Zoom Meeting ID: 831 0529 3673
Zoom Meeting Link: https://csulb.zoom.us/j/83105293673
