The Spaces of Mental Capacity Law PDF Download
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Author: Beverley Clough
Publisher: Routledge
ISBN: 1000463834
Category : Law
Languages : en
Pages : 167
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Book Description
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.
Author: Beverley Clough
Publisher: Routledge
ISBN: 1000463834
Category : Law
Languages : en
Pages : 167
Get Book Here
Book Description
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.
Author: Camillia Kong
Publisher: Cambridge University Press
ISBN: 1107164001
Category : Education
Languages : en
Pages : 276
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Book Description
An interdisciplinary text that investigates mental capacity and considers how relationships can affect an individual's ability to make decisions.
Author: Emma Cave
Publisher: Manchester University Press
ISBN: 1526157152
Category : Law
Languages : en
Pages : 729
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Book Description
Embryo research, cloning, assisted conception, neonatal care, pandemic vaccine development, saviour siblings, organ transplants, drug trials – modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up. In this highly acclaimed and very accessible book Margaret Brazier, Emma Cave and Rob Heywood provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy. The seventh edition of this book has been fully revised and updated to cover the latest cases, Brexit-related regulatory reform and COVID-19 pandemic measures. Essential reading for healthcare professionals, lecturers, medical and law students, this book is of relevance to all whose perusal of the daily news causes wonder, hope and consternation at the advances and limitations of medicine, patients and the law.
Author: Beverley Clough
Publisher: Policy Press
ISBN: 1529235634
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.
Author: Cressida Auckland
Publisher: Cambridge University Press
ISBN: 1009482076
Category : Law
Languages : en
Pages : 339
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Book Description
Drawing on literature from law, philosophy and psychiatry, this book interrogates whether the law adequately addresses how disorder affects decision-making.
Author: Chris Beasley
Publisher: Taylor & Francis
ISBN: 1000920283
Category : Social Science
Languages : en
Pages : 231
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Book Description
Through a wide range of international and interdisciplinary case studies, this book develops the notion of legacy, and in particular, ‘living legacy’– that is, it explores power relations in the context of time as a means to considering and challenging social injustice. Legacies of social injustice are very frequently erased, denied or declared redundant. Framed by the concept of ‘legacy’, this book does not conceive legacy as simply referring to relics of the past, or to cultural heritage practices and artifacts. Instead, the book focuses upon ‘living legacies’, understood as ongoing, actively engaged in the re-constitution of power relations, and influential in the development of alternative political imaginaries. Through a variety of studies from many different contexts—including Indigenous trauma in Australia, displacement in Beirut, women travellers in Scotland, and heteronormativity in Hollywood—the book draws not only upon historiographic, sociological, legal, political, cultural and other disciplinary approaches, but also specifically makes use of feminist and postcolonial perspectives. Foregrounding the legacies of inequality and marginalisation, it contributes to a re-thinking of power and social change in ways that together suggest potential means for unsettling and reimagining such legacies. This book will appeal to an interdisciplinary range of readers with interests and concerns in the broad area of social justice, but especially to those working in sociolegal studies, sociology, gender studies, indigenous studies and politics.
Author: Alex Ruck Keene
Publisher:
ISBN: 9781912273270
Category : Capacity and disability
Languages : en
Pages : 869
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Book Description
Author: Great Britain: Department for Constitutional Affairs
Publisher: The Stationery Office
ISBN: 9780117037564
Category : Law
Languages : en
Pages : 468
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Book Description
The Mental capacity Act 2005 provides a statutory framework for people who lack the capacity to make decisions for themselves, or for people who want to make provision for a time when they will be unable to make their own decisions. This code of practice, which has statutory force, provides information and guidance about how the Act should work in practice. It explains the principles behind the Act, defines when someone is incapable of making their own decisions and explains what is meant by acting in someone's best interests. It describes the role of the new Court of Protection and the role of Independent Mental Capacity Advocates and sets out the role of the Public Guardian. It also covers medical treatment and the way disputes can be resolved.
Author:
Publisher: Oxford University Press
ISBN: 0192866222
Category :
Languages : en
Pages : 699
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Book Description
Trusted for over 40 years for its authoritative account of medical law, this text provides the right balance between in-depth legal coverage and analysis of ethical issues.This classic textbook focuses on medical law and its relationship with medical practice and modern ethics. It provides thorough coverage of all topics found on medical law courses, and in-depth analysis of recent court decisions and legislation, encouraging students to thinkcritically about this area of study. - Covers the whole field of modern ethical medical practice, making the book suitable for use on all undergraduate and postgraduate medicallaw courses- Clearly sets a diversity of views in ethical debates, and offers the authors' own perspectives, encouraging students to explore and form their own opinions- Takes account of the influence of international policy and legal developments in shaping medical law in the UKNew to this edition:· Two brand new chapters introduce students to concepts, theories, and tools that frame interpretation and analysis ofhealth and medical law· A new chapter provides an overview of UK health systems and examines these in the context of devolution, the Covid-19 pandemic, and Brexit· The table of contents has beenreorganised and streamlined to enhance clarity and focus on current issues in the discipline· Includes coverage of developments such as the Health and Social Care Act 2022, Mental Health Bill 2022, Medicines and Medical Devices Act 2021, Coronavirus Act 2020, new regimes for organ donation, Bell v Tavistock, ABC v St George's Healthcare NHS Trust, Khan v Meadows, and moreDigital formatsThis twelfth edition is availablefor students and institutions to purchase in a variety of formats.The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learningsupport: www.oxfordtextbooks.co.uk/ebooks
Author: Camillia Kong
Publisher: Cambridge University Press
ISBN: 1316738213
Category : Law
Languages : en
Pages :
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Book Description
Recent legal developments challenge how valid the concept of mental capacity is in determining whether individuals with impairments can make decisions about their care and treatment. Kong defends a concept of mental capacity but argues that such assessments must consider how relationships and dialogue can enable or disable the decision-making abilities of these individuals. This is thoroughly investigated using an interdisciplinary approach that combines philosophy and legal analysis of the law in England and Wales, the European Court of Human Rights, and the United Nations Convention on the Rights of Persons with Disabilities. By exploring key concepts underlying mental capacity, the investigation concludes that both primary relationships and capacity assessments themselves must display key competencies to ensure that autonomy skills are promoted and encouraged. This ultimately provides scope for justifiable interventions into disabling relationships and articulates the dialogical practices that help better situate, interpret, and understand the choices and actions of individuals with impairments.
