- English
- PDF
- Available on iOS & Android
About this book
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.
Frequently asked questions
- Essential is ideal for learners and professionals who enjoy exploring a wide range of subjects. Access the Essential Library with 800,000+ trusted titles and best-sellers across business, personal growth, and the humanities. Includes unlimited reading time and Standard Read Aloud voice.
- Complete: Perfect for advanced learners and researchers needing full, unrestricted access. Unlock 1.4M+ books across hundreds of subjects, including academic and specialized titles. The Complete Plan also includes advanced features like Premium Read Aloud and Research Assistant.
Please note we cannot support devices running on iOS 13 and Android 7 or earlier. Learn more about using the app.
Information
Table of contents
- Cover
- Half title
- Series
- Title
- Copyright
- Dedication
- Contents
- Acknowledgements
- List of Statutes
- List of Cases
- 1 Problems with Mental Capacity
- 2 Mental Capacity, Legal Capacity, and Relational Rights
- 3 Relational Autonomy and the Promotion of Decisional Capacity
- 4 Procedural Reasoning and the Social Space of Reasons in Capacity Assessments
- 5 Ethical Duties of Support and Intervention
- 6 Hermeneutic Competence and the Dialogical Conditions of Capacity
- 7 Rethinking Capacity
- Appendix 1 Overview of the Mental Capacity Act 2005 and Inherent Jurisdiction in England and Wales
- Bibliography
- Index