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.
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Moving Beyond Binaries
Produktdetaljer
ISBN
9781000463835
Publisert
2021
Utgave
1. utgave
Utgiver
Vendor
Routledge
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter