The Spaces of Mental Capacity Law: Moving Beyond Binaries (Social Justice)

Synopsis

This book explores the conceptual spaces and socio-legal context which mental capacity laws inhabit. It will be seen that these norms are created and reproduced through the binaries that pervade mental capacity laws in liberal legal jurisdictions- such as capacity/incapacity; autonomy/paternalism; empowerment/protection; carer/cared-for; disabled/non-disabled; public/private. Whilst on one level the book demonstrates the pervasive reach of laws questioning individuals mental capacity, within and beyond the medical context which it is most commonly associated with, at a deeper and perhaps more important level it challenges the underlying norms and assumptions underpinning the very idea of mental capacity, and reflects outwards on the transformative potential of these realisations for other areas of law. In doing so, whilst the book offers lessons for mental capacity law scholarship in terms of reform efforts at both domestic and internationals levels, it also offers ways to develop our understandings of a range of linked legal, policy and theoretical concepts. In so doing, it offers new critical vantage points for both legal critique and conceptual change beyond mental capacity law. The book will be of interest to researchers in mental capacity law, disability law and socio-legal studies as well as critical geographers and disability studies scholars.

Copyright:

2022

Book Details

Book Quality:

Publisher Quality

Book Size:

200 Pages

ISBN-13:

9781000463835

Related ISBNs:

9781138478695, 9781351067881, 9781032115771

Publisher:

Taylor and Francis

Date of Addition:

10/22/21

Copyrighted By:

Beverley Clough

Adult content:

No

Language:

English

Has Image Descriptions:

No

Categories:

Nonfiction, Disability-Related, Health, Mind and Body, Psychology, Law, Legal Issues and Ethics, Medicine, Politics and Government, Sociology

Submitted By:

Bookshare Staff

Usage Restrictions:

This is a copyrighted book.