Reimagining the Court of Protection

Reimagining the Court of Protection PDF Author: Jaime Lindsey
Publisher: Cambridge University Press
ISBN: 1108834426
Category : Law
Languages : en
Pages : 265

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Book Description
Combines original empirical data with theoretical and normative analysis of access to justice in the Court of Protection.

Reimagining the Court of Protection

Reimagining the Court of Protection PDF Author: Jaime Lindsey
Publisher: Cambridge University Press
ISBN: 1108834426
Category : Law
Languages : en
Pages : 265

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Book Description
Combines original empirical data with theoretical and normative analysis of access to justice in the Court of Protection.

Coercive Care

Coercive Care PDF Author: Bernadette Mcsherry
Publisher: Routledge
ISBN: 1135016577
Category : Law
Languages : en
Pages : 367

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Book Description
There has been much debate about mental health law reform and mental capacity legislation in recent years with the UN Convention on the Rights of Persons with Disabilities also having a major impact on thinking about the issue. This edited volume explores the concept of ‘coercive care’ in relation to individuals such as those with severe mental illnesses, those with intellectual and cognitive disabilities and those with substance use problems. With a focus on choice and capacity the book explores the impact of and challenges posed by the provision of care in an involuntary environment. The contributors to the book look at mental health, capacity and vulnerable adult’s care as well as the law related to those areas. The book is split into four parts which cover: human rights and coercive care; legal capacity and coercive care; the legal coordination of coercive care and coercive care and individuals with cognitive impairments. The book covers new ground by exploring issues arising from the coercion of persons with various disabilities and vulnerabilities, helping to illustrate how the capacity to provide consent to treatment and care is impaired by reason of their condition.

Alternative Perspectives on Lawyers and Legal Ethics

Alternative Perspectives on Lawyers and Legal Ethics PDF Author: Reid Mortensen
Publisher: Routledge
ISBN: 1136937412
Category : Law
Languages : en
Pages : 305

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Book Description
The study of legal ethics and the legal profession has emerged as a distinct and important field of scholarship over the years. This book offers contemporary and non-mainstream perspectives on the shape of the legal profession. It examines how the public sees lawyers and how lawyers see their own profession.

Mental Capacity Law, Sexual Relationships, and Intimacy

Mental Capacity Law, Sexual Relationships, and Intimacy PDF Author: Beverley Clough
Publisher: Policy Press
ISBN: 1529235626
Category : Law
Languages : en
Pages : 220

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Book Description
Questions as to the mental capacity of an individual to consent to sex are an increasingly important aspect of legal scholarship and professional practice for those working in care. Recent case law has added new layers of complexity, requiring that a person must be able to understand that the other person needs to consent and can withdraw that consent. While this has been welcomed for asserting the importance of the interpersonal dynamics of sex, it has significant implications for practice and for the day-to-day lives of people with cognitive impairments. This collection brings together academics, practitioners and organizations to consider the challenges posed by the current legal framework, and future directions for law, policy and practice.

Reimagining Restorative Justice

Reimagining Restorative Justice PDF Author: David O'Mahony
Publisher: Bloomsbury Publishing
ISBN: 1782251979
Category : Law
Languages : en
Pages : 269

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Book Description
"Restorative justice theory has largely failed to keep pace with the rapid expansion of restorative practices worldwide – indeed, it is remarkable how much support RJ has when so few advocates can even define what it is. As such, this insightful and comprehensive new contribution from two of the top scholars on the frontlines of restorative justice research is hugely welcome." Professor Shadd Maruna, Centre for Criminology and Criminal Justice, University of Manchester "Reimagining Restorative Justice is a reflective and balanced reconsideration of restorative justice. It deftly sweeps across the large literature on the subject, putting it in perspective, seeing anew through its wide-angle lens. Empowerment and accountability provide a fertile framework for this richly reimagined justice." Professor John Braithwaite, Australian National University "David O'Mahony and Jonathan Doak have made a significant contribution to the confusing and over-complicated field of restorative justice theory. They do so through their use of empowerment theory to bring conceptual and operational clarity to the concepts of agency and accountability in restorative processes and outcomes. As a result they develop a convincing argument for face to face dialogue between victim and perpetrator within the core of the criminal justice system. Their emphasis upon ethical and skilful practice is a welcome riposte to the rapid spread of 'restorative justice lite' driven by managerialism and the need to cut costs." Tim Chapman, Lecturer at the University of Ulster. "O'Mahony and Doak convincingly argue that rapid developments in the practice of restorative interventions have outstripped restorative justice theory. They provide both an outstandingly helpful review of the literature and a fresh theoretical approach based on empowerment theory. Everyone seriously interested in restorative justice will want to reflect carefully on the authors' conclusions." Anthony Bottoms, Emeritus Wolfson Professor of Criminology at the University of Cambridge. In recent years, restorative-based interventions have expanded rapidly and are increasingly viewed as a legitimate, and even superior means of delivering justice. The result of this swift but piecemeal development has been that restorative justice practice has outpaced the development of restorative justice theory. This book takes up this challenge by 'reimagining' a new framework for the operation of restorative justice within criminal justice. In essence, it is contended that the core empowering values of 'agency' and 'accountability' provide a lens for reimagining how restorative justice works and the normative goals it ought to encompass.

Leading Works in Health Law and Ethics

Leading Works in Health Law and Ethics PDF Author: Sara Fovargue
Publisher: Taylor & Francis
ISBN: 100090993X
Category : Law
Languages : en
Pages : 425

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Book Description
Health and healthcare are vitally important to all of us, and academic interest in the law regulating health has, over the last 50 years, become an important field of academic study. An analysis of the development of, changes in, and scope of health law and ethics to date, is both timely and of interest to students and scholars alike, along with an exploration of its likely future development. This work brings together contributions from leading and emerging scholars in the field. Each contributor has been invited to select and analyse a ‘leading work’, which has for them shed light on the way that health law and ethics has developed. The chapters are both autobiographical, reflecting upon the works that have proved significant to contributors, and also critical analyses of the current state of the field. This collection also includes a specially written Introduction and Conclusion, which critically reflect upon the development of health law and ethics and its likely future developments in the light of the reflections by contributors on their chosen leading works. The book will be of interest to students, teachers, and researchers in health law and ethics, as it provides critical discussions and assessments of some of the leading scholarship in the field.

Law, Women Judges and the Gender Order

Law, Women Judges and the Gender Order PDF Author: Kcasey McLoughlin
Publisher: Routledge
ISBN: 1000475530
Category : Law
Languages : en
Pages : 359

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Book Description
This book seeks to understand how women judges are situated as legal knowers on the High Court of Australia by asking whether a near-equal gender balance on the High Court has disrupted the Court’s historically masculinist gender regime. This book examines how the High Court’s gender regime operates once there is more than one woman on the bench. It explores the following questions: How have the Court’s gender relations accommodated the presence women on the bench? How have the women themselves accommodated those pre-existing gender relations? How might legal judgments and reasoning change as a result of changing gender dynamics on the bench? To develop answers to these (and other) questions the book pursues a methodology that conceptualises the High Court as an institution with a particular gender regime shaped historically by the dominant gender order of the wider society. The intersection between the (gendered) individuals and the (gendered) institution in which they operate produces and reproduces that institution’s gender regime. Hence, the enquiry is not so much asking ‘have women judges made a difference?’ but rather is asking how should we understand women judges’ relationship with the law, a relationship that is shaped as much by the individual judge as by the institutional context in which they operate. Scholars, legal practitioners and researchers interested in judicial reasoning, gender diversity and the legal profession, gender and politics will be interested in this book because it breaks new ground as a case study of a Court’s gender regime at a particular time.

Reimagining Homelessness

Reimagining Homelessness PDF Author: Eoin O'Sullivan
Publisher: Policy Press
ISBN: 144735351X
Category : Political Science
Languages : en
Pages : 138

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Book Description
Available Open Access under CC-BY-NC licence. The number of people experiencing homelessness is rising in the majority of advanced western economies. Responses to these rising numbers are variable but broadly include elements of congregate emergency accommodation, long-term supported accommodation, survivalist services and degrees of coercion. It is evident that these policies are failing. Using contemporary research, policy and practice examples, this book uses the Irish experience to argue that we need to urgently reimagine homelessness as a pattern of residential instability and economic precariousness regularly experienced by marginal households. Bringing to light stark evidence, it proves that current responses to homelessness only maintain or exacerbate this instability rather than arrest it and provides a robust evidence base to reimagine how we respond to homelessness.

Trust in Medicine

Trust in Medicine PDF Author: Markus Wolfensberger
Publisher: Cambridge University Press
ISBN: 110848719X
Category : Law
Languages : en
Pages : 271

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Book Description
Examines trust, its definition, value, and decline from the perspective of a physician and a medical ethicist.

Reimagining Property

Reimagining Property PDF Author: Ticien Marie Sassoubre
Publisher:
ISBN:
Category : American fiction
Languages : en
Pages : 430

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Book Description