ABSTRACT

In his contribution to this volume, Scott Kim claims that our current criteria for assessing decision-making capacity (DMC) are incomplete. The problem is not what the existing criteria tell us to look for, but rather there are key aspects of decisionmaking that current criteria simply do not assess at all. Moreover, Kim claims the problem is, at root, evaluative, meaning that in certain cases the problem with an individual’s decision-making stems from her evaluative outlook. For this reason, Kim thinks we need to formulate a new, additional criterion to use in capacity assessment. We should add assessment of what he calls “the ability to value” (p. 189) and he goes on to offer an interesting sketch of how such assessments might work in practice.