Supporting Legal Capacity in Socio-Legal Context
Supporting Legal Capacity in Socio-Legal Context

Author: Mary Donnelly

Publisher: Bloomsbury Publishing

Published: 2022-03-10

Total Pages: 337

ISBN-13: 1509940359

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This collection brings together leading international socio-legal and medico-legal scholars to explore the dilemma of how to support legal capacity in theory and practice. Traditionally, decisions for persons found to lack capacity are made by others, generally without reference to the person, and this applies especially to those with cognitive and psycho-social disabilities. This book examines the difficulties in establishing effective and deliverable supported decision-making, concluding that approaches to capacity need to be informed by a grounded understanding of how it operates in 'real life' contexts. The book focuses on the UN Convention on the Rights of Persons with Disabilities (CRPD), which recognises the equal right to legal capacity of people with disabilities and requires States Parties to provide support for the exercise of this right. However, 10 years after the CRPD came into force, the shift to legal frameworks for supported decision-making remains at best only partial. With 16 chapters written by contributors from the UK, Canada, Finland, India, Ireland, Spain, Sweden, and Turkey, the collection takes a comparative and interdisciplinary approach. Many of the contributors have been directly involved in law reform processes in their home jurisdictions, and thus can combine both academic expertise and practical, grounded awareness of the challenges of legal change.

Supporting Legal Capacity in Socio-Legal Context
Supporting Legal Capacity in Socio-Legal Context

Author: Mary Donnelly

Publisher: Bloomsbury Publishing

Published: 2022-03-10

Total Pages: 336

ISBN-13: 1509940367

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This collection brings together leading international socio-legal and medico-legal scholars to explore the dilemma of how to support legal capacity in theory and practice. Traditionally, decisions for persons found to lack capacity are made by others, generally without reference to the person, and this applies especially to those with cognitive and psycho-social disabilities. This book examines the difficulties in establishing effective and deliverable supported decision-making, concluding that approaches to capacity need to be informed by a grounded understanding of how it operates in 'real life' contexts. The book focuses on the UN Convention on the Rights of Persons with Disabilities (CRPD), which recognises the equal right to legal capacity of people with disabilities and requires States Parties to provide support for the exercise of this right. However, 10 years after the CRPD came into force, the shift to legal frameworks for supported decision-making remains at best only partial. With 16 chapters written by contributors from the UK, Canada, Finland, India, Ireland, Spain, Sweden, and Turkey, the collection takes a comparative and interdisciplinary approach. Many of the contributors have been directly involved in law reform processes in their home jurisdictions, and thus can combine both academic expertise and practical, grounded awareness of the challenges of legal change.

Supported Decision-Making
Supported Decision-Making

Author: Karrie A. Shogren

Publisher: Cambridge University Press

Published: 2018-11-22

Total Pages: 323

ISBN-13: 1108475647

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Integrates research, theory, and practice in supported decision-making and describes implications for supports provision in the disability field.

Socio-Legal Studies in Context
Socio-Legal Studies in Context

Author: Denis J. Galligan

Publisher: Wiley-Blackwell

Published: 1995-06-08

Total Pages: 180

ISBN-13: 9780631196815

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Socio-Legal Studies in Context is the first attempt to take stock of the development of socio-legal studies in the United Kingdom. With an increasing awareness amongst legal scholars of the need for socio-legal research, this volume is essential reading for all teachers of law and law related subjects. It will provide rich ideas for young researchers wishing to involve themselves in the socio-legal approach. The volume also provides an opportunity for more experienced researchers to look back and re-assess their own work and help them form their own plans for the future.

Mental Capacity in Relationship
Mental Capacity in Relationship

Author: Camillia Kong

Publisher: Cambridge University Press

Published: 2017-05-11

Total Pages: 276

ISBN-13: 1107164001

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An interdisciplinary text that investigates mental capacity and considers how relationships can affect an individual's ability to make decisions.

Socio-legal Studies
Socio-legal Studies

Author: Philip Aneurin Thomas

Publisher: Dartmouth Publishing Company

Published: 1997

Total Pages: 376

ISBN-13:

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This text on socio-legal studies is derived from the Socio-Legal Studies Association 1995 annual conference at Leeds University. It examines the definition of the term socio-legal and the boundaries in which the lawyers of this subject fit.

The Spaces of Mental Capacity Law
The Spaces of Mental Capacity Law

Author: Beverley Clough

Publisher: Routledge

Published: 2021-10-21

Total Pages: 167

ISBN-13: 1000463834

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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.

Model Rules of Professional Conduct
Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.