Openly accessible

Roman concept of mental capacity to make end-of-life decisions

Mendelson, Danuta 2007, Roman concept of mental capacity to make end-of-life decisions, International journal of law and psychiatry, vol. 30, no. 3, pp. 201-212.

Attached Files
Name Description MIMEType Size Downloads
mendelson-romanconcept-2007.pdf Author's post print application/pdf 347.06KB 246

Title Roman concept of mental capacity to make end-of-life decisions
Author(s) Mendelson, Danuta
Journal name International journal of law and psychiatry
Volume number 30
Issue number 3
Start page 201
End page 212
Publisher Pergamon Press
Place of publication New York, N.Y.
Publication date 2007-05
ISSN 0160-2527
1873-6386
Keyword(s) end of life decisions
patient competence
medical ethics
medical treatment
mental competency
Summary When assessing decisional competence of patients, psychiatrists have to balance the patients' right to personal autonomy, their condition and wishes against principles of medical ethics and professional discretion. This article explores the age-old legal and ethical dilemmas posed by refusal of vital medical treatment by patients and their mental capacity to make end-of-life decisions against the background of philosophical, legal and medical approaches to these issues in the time of the Younger Pliny (c62–c113 CE). Classical Roman discourse regarding mental competency and "voluntary death" formed an important theme of the vast corpus of Greco-Roman writings, which was moulded not only by legal permissibility of suicide but also by philosophical (in modern terms, moral or ethical) considerations. Indeed, the legal and ethical issues of evaluating the acceptability of end of life decisions discussed in the Letters are as pertinent today as they were 2000 years ago. We may gain valuable insights about our own methodologies and frames of reference in this area of the law and psychiatry by examining Classical Roman approaches to evaluating acceptability of death-choices as described in Pliny's Letters and the writings of some of his peers.
Language eng
Field of Research 220204 History and Philosophy of Law and Justice
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2007, Elsevier Ltd
Persistent URL http://hdl.handle.net/10536/DRO/DU:30007721

Document type: Journal Article
Collections: School of Law
Open Access Collection
Connect to link resolver
 
Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved.

Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.

Versions
Version Filter Type
Citation counts: TR Web of Science Citation Count  Cited 2 times in TR Web of Science
Scopus Citation Count Cited 2 times in Scopus
Google Scholar Search Google Scholar
Access Statistics: 729 Abstract Views, 315 File Downloads  -  Detailed Statistics
Created: Mon, 29 Sep 2008, 08:55:22 EST

Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.