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Springer Mental Retardation and Sterilization A Problem of Competency and Paternalism 1st Editon 2012 Softbound by Ruth Macklin, Willard Gaylin
1 This book is the product of a one-year project conducted by the Hastings Center, Institute of Society, Ethics and the Life Sciences, during 1976-1977. The Behavior Control Research Group-an ongoing, interdisciplinary working group com posed of philosophers, psychiatrists, psychologists, social sci entists, and lawyers-met four times over the course of the year with special consultants with expertise in the field of mental retardation. At those meetings, participants gave in formal presentations, which were followed by group discus sion. As the project progressed, formal papers were delivered and subjected to further critical commentary. This volume, in two related parts, represents the deliberations of the group as a whole, and then offers individual papers prepared by some scholars in order to give a sense of the kind of specific arguments on which the general conclusions were based. We undertook the project to examine: (1) questions of competence and consent; and (2) the practical implications, lThe project, entitled 'Ethical Issues in the Care and Treatment of the Mildly Mentally Retarded,' was supported by the EVI5T program of the National Science Foundation under Grant No. 05576-14793. Any Opinions, findings, conclusions, or recommendations expressed herein are those of the authors and do not necessarily reflect the views of the National Science Foundation. ix x PREFACE in terms of care and treatment, that evolve from differing definitions and models applied to mental retardation. I.- 1: An Awareness of Consequences.- 2: Toward a Definition of Mental Retardation.- 3: Educating the Retarded.- 4: The Competence of the Mildly Retarded.- 5: Involuntary Sterilization and the Law: A Review of Court Cases in the United States.- 6: Involuntary Sterilization and the Rights of the Mentally Retarded.- 7: Voluntary Sterilization: A Viable Alternative?.- 8: Options for the Future.- II.- 9:Distinguishing Mentally Retarded Persons from Nonretarded: A Distinction That Makes a Difference.- 10: The Bright Man’s Burden: On the Right of Mere Normals to Restrict the Civil Liberties of the Mildly Mentally Retarded.- 11: Voluntary and Involuntary Sterilization: The Legal Precedents.- 12: Sterilizing the Mildly Mentally Retarded without Their Consent: The Philosophical Arguments.- Excerpts from Five Court Cases Involving Sterilization of Mentally Retarded Persons.- Case 3:In the matter of the temporary guardianship of Mary Louise Anderson.