It's all John Stewart Mill isn't it. The right to do something to the extent
that it is not harming anyone else.
All the same if I were about to walk onto a railway track inadvertently I
would appreciate it if someone yanked me back, even if it were a bit
forceful, if the alternative were being run over by a train.
In the real world though everything is not that clear cut, and laws have
little to do with what actually happens concerning mental capacity as
assumptions are made and acted upon (or not) all of the time with no
'policeman' or 'speed camera' to enforce them, so what is more important is
social practice than the actual written law, which only provides a framework
for custom and practice anyway. (Which is why Tony Blair is still a free
man)
Mental capacity is a convenient fiction for everybody, in that we exist in
four dimensions, and have different opinions regarding what we have or have
not done at various times. For instance one day it may be my decision, at
the time not to go to Paris with my friends. At another time later hearing
what a good time they had, I might regret that I did not allow myself to
more forcefully persuaded to go with them. On the other hand, I might have
allowed myself to be forcefully persuaded to go with them on a camping trip
on a miserable wet weekend, and regret that for ever, so it is all unknown
and often informed by hindsight. Notwithstanding that I might not prefer a
camping trip on a Sunny weekend to a hectic drunken binge in Paris where I
am too hungover to appreciate the sights if you see what I mean.
I definitely live sub optimally, and I would appreciate more help with it.
The reason I don't receive it has nothing to do with my capacity, estimated
or otherwise, it is because the help is not there. If that help suggested
however that I do not need forty cameras gathering dust all about my living
room, or that my carrier bag collection should go, then I would get all OCD
uppity about it even if the number of artefacts and there disposition in a
small flat makes life a bit difficult to keep it all clean and orderly.
Having had a fire brigade inspection and being warned about any number of
hazards I was able to state that I was well aware of them and even that the
perceived electrical hazards were not as they might perceive because there
is never overload on any one socket despite the number of daisy chained
power strips demanded by modern computing and technology, because they can
never exceed 13 amps at the original socket without blowing a fuse. However
I given a written warning by the landlord not to use my open grate, not that
I do consider it a risk being more experienced in this aboriginal craft than
modern folk are who think all fire comes from gas.
Larry
> -----Original Message-----
> From: The Disability-Research Discussion List [mailto:DISABILITY-
> [log in to unmask]] On Behalf Of Colin REvell
> Sent: 31 March 2010 23:32
> To: [log in to unmask]
> Subject: Re: Intervening behind closed doors
>
>
> Bertha
>
> If I had allthe answers to these questions then I would be a rich man
(human rights
> lawyer/judge LOL ).... All human rights have to be proportionate and the
individuals
> human rights should be fully protected and safeguarded from 'the-state'
and 'their agencies
> (public bodies).... If this gentleman choice was not to accept any
support, then do you and
> others think 'the state' (public bodies) have a duty of care to protect
people from 'self
> harm/neglect' and force care and support onto the individual?
>
>
> Colin Revell
>
________________End of message________________
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