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User Rights and the Frail Aged
Author(s) -
GIBSON DIANE
Publication year - 1995
Publication title -
journal of applied philosophy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.339
H-Index - 30
eISSN - 1468-5930
pISSN - 0264-3758
DOI - 10.1111/j.1468-5930.1995.tb00115.x
Subject(s) - rationality , rhetorical question , human rights , agency (philosophy) , premise , law and economics , rhetoric , sociology , political science , positive economics , law , epistemology , economics , social science , philosophy , linguistics
There is a growing acceptance of user rights models with regard to dependent populations such as nursing home residents, but classic theories of rights presuppose levels of human rationality and human agency often lacking in the case of highly dependent populations. While user rights models have strong advantages at a rhetorical level, the reduced capacity for dependent groups to assert their rights constitutes a significant structural limitation. Policies, practices and regulatory strategies developed on the assumption that very dependent groups can indeed assert such rights thus proceed on a premise which is fatally flawed.