Not ‘us’ and ‘them’: towards a normative legal theory of mental health vulnerability (2018)
Journal Article
Bielby, P. (2018). Not ‘us’ and ‘them’: towards a normative legal theory of mental health vulnerability. International journal of law in context, International Journal of Law in Context, 2018(Not yet assigned), 1-17. doi:10.1017/S1744552318000149

In this article, I develop the basis of a normative legal theory of mental health vulnerability. In Section 1, I conceptualise mental health vulnerability by integrating a universal understanding of vulnerability with a subjective-evaluative, psychos... Read More

Justifying mental health rights from a Gewirthian perspective (2016)
Book Chapter
Bielby, P. (2016). Justifying mental health rights from a Gewirthian perspective. In P. Bauhn (Ed.), Gewirthian perspectives on human rights, 174-190. Taylor & Francis

In this chapter, I seek to offer a Gewirthian justifi cation of mental health rights. In particular, I will explore the interrelationship between two themes which feature within Gewirthian ethics and which are central to the human condition. The fi r... Read More

Research on Patients with Dementia (2014)
Book Chapter
Bielby, P. (2014). Research on Patients with Dementia. In C. Foster, J. Herring, & I. Doron (Eds.), The Law and Ethics of DementiaHart Publishing

Ulysses arrangements in psychiatric treatment : towards proposals for their use based on 'sharing' legal capacity (2012)
Journal Article
Bielby, P. (2014). Ulysses arrangements in psychiatric treatment : towards proposals for their use based on 'sharing' legal capacity. Health Care Analysis, 22(2), (114-142). doi:10.1007/s10728-012-0215-2. ISSN 1065-3058

A ‘Ulysses arrangement' (UA) is an agreement where a patient may arrange for psychiatric treatment or non-treatment to occur at a later stage when she expects to change her mind. In this article, I focus on ‘competence-insensitive' UAs, which raise t... Read More

Towards supported decision-making in biomedical research with cognitively vulnerable adults (2009)
Book Chapter
Bielby, P. (2009). Towards supported decision-making in biomedical research with cognitively vulnerable adults. In O. Corrigan, J. McMillan, K. Liddell, M. Richards, & C. Weijer (Eds.), The limits of consent: A socio-ethical approach to human subject research in medicine, 151-170. Oxford University Press (OUP). doi:10.1093/acprof:oso/9780199231461.003.0009

This chapter has two connected aims. First, I argue that we can best understand the scope and limits of consent as a ‘procedural’ principle of empowerment. I ground this argument in a rationalist moral theory of human (or agency) rights devised by Al... Read More

Competence and vulnerability in biomedical research (2008)
Book
Bielby, P. (2008). Competence and vulnerability in biomedical research. The University of Hull. doi:10.1007/978-1-4020-8604-5

Enhanced knowledge of the nature and causes of mental disorder have led increasingly to a need for the recruitment of ‘cognitively vulnerable’ participants in biomedical research. These individuals often fall into the ‘grey area’ between obvious deci... Read More

Experts, rights and precaution
Journal Article
Bielby, P. Experts, rights and precaution. Web journal of current legal issues, 2012(5), (0-0). ISSN 1360-1326

In this article, we offer an account of the epistemological and moral principles that should govern decisions where judges and other official decision-makers are asked to authorize courses of action which would amount to a violation of someone's righ... Read More