1st Edition
The Spaces of Mental Capacity Law Moving Beyond Binaries
By Beverley Clough
Copyright 2022
208 Pages
by
Routledge
208 Pages
by
Routledge
208 Pages
by
Routledge
Also available as eBook on:
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... Read more
Introduction 1. The Conceptual Terrain: Spatial Dynamics and Law 2. Spatial Dynamics and Disability: Interrogating the Terrain of the Mental Capacity Act 2005 3. Capacity/Incapacity: A Dynamic Disability Critique 4. Care/Disability - Challenging the Divide Through Relationality 5. State/Individual: Situating the State 6. Freedom/Deprivation of Liberty: The Logics of Liberty in Mental Capacity Law 7. Public/Private: Dichotomies of Powerlessness in the Court of Protection Conclusion
Biography
Beverley Clough is based in the Law Department at the University of Leeds.
