The Spaces of Mental Capacity Law
Moving Beyond Binaries
- Available for pre-order. Item will ship after October 22, 2021
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.
Table of Contents
1. The historical context of the Mental Capacity Act 2005 and the current landscape UNCRPD
2. Theoretical context
3. Challenging ideas about mental capacity and the liberal legal subject
4. State obligations. Responsive state and institutions
5. Public/private divide- challenges to decisions and the role of the courts
6. Care and disability
7. Liberty/choice- republican political theory and capabilities
8. Conclusions and implications for other areas of law
Beverley Clough is based in the Law Department at the University of Leeds.